This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the planning permit applications required by this Development Code.

A.

Review Authority.

1.

Table 8-1 (Review Authority) below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Development Code.

2.

Any reference to the Board of Architectural shall actually refer to the Design Review body with jurisdiction in compliance with Chapter 2 of the County Code.

B.

Applications subject to more than one review authority.

1.

When two or more discretionary applications are submitted that relate to the same development project and the individual applications are under the separate jurisdiction of more than one review authority in compliance with Table 8-1 (Review Authority) below, all applications for the project shall be under the jurisdiction of the review authority with the highest jurisdiction in compliance with the following descending order:

a.

Board;

b.

Commission;

c.

Zoning Administrator and;

d.

Director.

2.

If the Board is the review authority for a project due to a companion discretionary application (e.g., Zoning Map Amendment) the Commission shall make an advisory recommendation to the Board on each project.

3.

This Section shall not apply to applications for:

a.

Design Review submitted in compliance with Section 35.82.070 (Design Review).

b.

Emergency Permits submitted in compliance with Section 35.82.090 (Emergency Permits).

c.

Land Use Permits submitted in compliance with Section 35.82.110 (Land Use Permits).

d.

Sign Certificates of Compliance required in compliance with Chapter 35.38 (Sign Standards).

e.

Zoning Clearances submitted in compliance with Section 35.82.210 (Zoning Clearance).

Table 8-1- Review Authority

Notes:

(1) "Recommend" identifies that the review authority makes a recommendation to a higher decision-making body; "Decision" identifies that the review authority makes the final decision on the matter; "Appeal" identifies that the review authority may consider and decide upon appeals of the decision of an earlier decision-making body, in compliance with Chapter 35.102 (Appeals).

(2) The decision of the Commission to recommend denial of a Zoning Map Amendment is not transmitted to the Board absent the filing of an appeal or a written request for a hearing is filed with the Clerk of the Board within the five calendar days after the Commission files its recommendation with the Board.

(3) The Board of Architectural Review with jurisdiction in compliance with County Code Chapter 2 shall make decisions on Design Reviews within the County; the decision of the Board of Architectural Review is appealable to the Commission; the decision of the Commission is appealable to the Board.

(4) The Zoning Administrator is the review authority for Land Use Permits approved in compliance with Section 35.42.190 (Home Occupations) and Section 35.82.110 (Land Use Permits) for Home Occupations that qualify as Cottage Food Operations. The decision of the Zoning Administrator may be appealed to the Commission; the decision of the Commission may be appealed to the Board.

(5) The Director shall be the review authority on amendments to Reclamation Plans that are required in order to incorporate an interim management plan that is required due to a surface mining operation becoming idle.

(Ord. No. 5192, § 23, 11-7-2023)

A.

Application contents. Each application for a permit, amendment, or other matter pertaining to this Development Code shall be filed with the Director on a Department application form, together with required fees and/or deposits, and all other information and materials as identified in the Department application for the specific type of application. Submittal requirements may be increased or waived on a project specific basis as determined necessary or appropriate by the Director. It is the responsibility of the applicant to establish evidence in support of the findings required by the applicable permit, amendment, or other matter pertaining to this Development Code.

1.

Defense and indemnification agreement.

a.

Unless disallowed by State law, at the time of the filing of an application, the Owner/Applicant shall agree, as part of the application, to defend, indemnify and hold harmless the County or its agents or officers and employees from any claim, action or proceeding against the County or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, an approval of the application by the County.

(1)

A defense and indemnification agreement completed by the applicant on a form provided by the Department shall be submitted with the application at the time of filing the application with the Director. An application will not be accepted for processing and processing of an application will not commence unless a executed defense and indemnification agreement acceptable by the County is submitted with the application.

B.

Eligibility for filing. An application may only be filed by the owner of the subject property, or other person with the written consent of the property owner, or as otherwise authorized by this Development Code.

A.

Fee schedule. The Board shall establish by resolution a schedule of fees and/or deposits for the processing of the various applications required by this Development Code, hereafter referred to as the Board's Fee Resolution.

B.

Timing of payment. Required fees and/or deposits shall be paid at the time of filing the application with the Director and no processing shall commence until the fee/deposit is paid.

C.

Refunds and withdrawals. The required application fees and/or deposits cover County costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, a refund due to a denial is not required. In the case of an expiration or withdrawal of an application, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of expiration or withdrawal.

A.

Filing and acceptance of an application. An application is considered to be filed after it has been accepted for processing by the Department and required fees and/or deposits have been paid. The Director shall review each application for receipt of all submittal requirements and accuracy prior to acceptance of the application. The Director's acceptance of an application for processing shall be based on the Department's list of required application contents (see Section 35.80.030 (Application Preparation and Filing) above).

B.

Special provisions for applications subject to review under the California Environmental Quality Act. Projects subject to environmental review as required by the California Environmental Quality Act shall be subject to the following requirements:

1.

Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of either the initial application filing or subsequent filings after a determination of application incompleteness has been made, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Incomplete letter, shall be provided.

2.

Appeal of determination. After an initial determination of application incompleteness, where the Director has determined for a second or additional time that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the Director's determination in compliance with Chapter 35.102 (Appeals).

3.

Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness or incompleteness shall occur. The time available to an applicant for submittal of additional information is limited by Subsection B.4 (Expiration of application) below.

4.

Expiration of application.

a.

If an applicant fails to provide the additional information specified in the Director's letter within 90 days following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the County.

b.

The Director may grant one 90-day extension.

c.

After the expiration of an application, future County consideration shall require the submittal of a new, complete application and associated fees.

5.

Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the requirements of the California Environmental Quality Act Guidelines.

C.

Referral of application. At the discretion of the Director, or where otherwise required by this Development Code or State or Federal law, an application may be referred to any County department or public agency that may be affected by or have an interest in the proposed project.

D.

Right of entry/inspection. Every applicant seeking a permit or any other action in compliance with this Development Code shall allow County staff involved in the review of the application access to any premises or property which is the subject of the application at all reasonable times.

This Chapter provides procedures for the review, and approval, conditional approval, or denial of the planning permit applications established by this Development Code.

A.

Effective Date of Permit.

1.

The approval of a planning permit for a project shall become effective on the eleventh day following the date of application approval by the appropriate review authority where an appeal of the review authority's action has not been filed in compliance with Chapter 35.102 (Appeals) unless otherwise indicated in the planning permit.

2.

If appealed, the planning permit shall not be deemed effective until final action by the final review authority on the appeal.

B.

Extension of effective date. The effective date shall extend to 5:00 p.m. on the following working day where the eleventh day falls on a weekend, holiday, or other day the County offices are not open for business.

C.

No entitlement for development. No entitlement for the use or development shall be granted before the effective date of the planning permit.

A planning permit application that is deemed approved by operation of law in compliance with Government Code Section 65956 shall be subject to all applicable provisions of this Development Code which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established.

A Conditional Use Permit or Minor Conditional Use Permit, Development Plan, Design Review, Land Use Permit, Modification, Sign Certificate of Conformance, Variance, Zoning Clearance approval or other planning permit approved in compliance with this Chapter shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with this Chapter or as otherwise specified in the planning permit. All applicable conditions of approval shall continue to apply after a change in property ownership.

In addition to any requirements to record a Notice to Property Owner for certain identified land uses pursuant to Division 4 (Zoning Districts), Division 7 (General Regulations), and Division 18 (Gaviota Coast Plan (GAV) Overlay), applicants shall record a Notice to Property Owner, Agreement, or other document, for the following matters related to real property, when a condition of approval of a planning permit or other land use entitlement requires it.

A.

Notices to Property Owners. Any notice to property owner required by this Development Code, including, but not limited to, the following, are recordable documents.

1.

Accessory structure.

2.

Agricultural employee dwelling.

3.

Building and development envelopes.

4.

Buyer beware/notification regarding availability of public water and/or sewer.

5.

Development exclusion areas.

6.

Development standards and other provisions when required pursuant to a community plan.

7.

Fencing to allow animal passage.

8.

Fuel management zones.

9.

Landscaping maintenance.

10.

Plans (e.g., a solid waste management plan or habitat management plan) or actions (e.g., maintenance activities) that an applicant must implement, maintain, and/or take for an extended period of time (e.g., for the life of a project).

11.

Temporary dwelling unit (or temporary second unit).

12.

Watchman's trailer.

B.

Other Notices, Agreements, Covenants, and Easements. Documents to require, or notify future buyers of real property of, the following are recordable.

1.

Compliance with the parking requirements of this Development Code, including, but not limited to, provision of an offsite parking easement.

2.

Compliance with project and/or permit conditions of approval.

3.

Declaration of Restrictions.

4.

Implementation of historic structural preservation and restoration/renovation plan or program.

5.

Implementation of Stormwater Control Plan or Stormwater Quality Management Plan.

6.

Maintenance of stormwater quality and retention measures.

7.

Prohibitions on high water use/consumption businesses.

8.

Affordable Housing Agreement and Resale Restrictive Covenant and Preemptive Right.

9.

Water well meter monitoring, provision of meter records, and measures to take in the event water quality degrades.

(Ord. No. 5202, § 16, 2-13-2024)

A.

Purpose and intent. The purpose of this Section is to provide for uses that are essential or desirable but cannot be readily classified as allowed uses in individual zones by reason of their special character, uniqueness of size or scope, or possible effect on public facilities or surrounding uses. The intent of this Section is to provide for specific consideration of these uses.

B.

Applicability. The provisions of this Section shall apply to those uses listed within this Development Code as requiring either a Conditional Use Permit or Minor Conditional Use Permit. The following references in this Section to Conditional Use Permits shall be interpreted to include both Conditional Use Permits and Minor Conditional Use Permits unless otherwise noted.

C.

Contents of application. An application for a Conditional Use Permit shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

After receipt of an application for a Conditional Use Permit, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

2.

Notice of the filing of an application shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings).

3.

The Department shall refer the application for a Conditional Use Permit to the Subdivision/Development Review Committee for review and recommendation to the review authority.

4.

Design review required. The following applications shall be subject to Design Review in compliance with Section 35.82.070 (Design Review).

a.

An application for a Conditional Use Permit.

b.

An application for a Minor Conditional Use Permit as specifically identified by the Director, Zoning Administrator, Commission, or Board.

5.

The review authority shall hold at least one noticed public hearing on the requested Conditional Use Permit and approve, conditionally approve, or deny the request.

6.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

7.

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

8.

Conditional Use Permits may be granted for a period of time and subject to conditions and limitations as may be required to protect the public health, peace, safety, and general welfare of the community. The conditions may be more restrictive than those required in the specific zones.

9.

In the case of a Conditional Use Permit application where the project is subject to Development Plan requirements, a Development Plan shall be required in addition to obtaining a Conditional Use Permit, except for the following:

a.

Commercial telecommunication facilities that are permitted by a Conditional Use Permit pursuant to Section 35.44.010 (Commercial Telecommunication Facilities) provided that any structure constructed or erected as part of the telecommunications facility shall only be used as part of the telecommunication facility and shall be removed pursuant to Section 35.44.010.E.4 (Project abandonment/site restoration).

10.

Notwithstanding the requirements of Subsection 35.80.020.B (Applications subject to more than one review authority) and Section 35.82.080 (Development Plans), if a Development Plan is required in compliance with Subsection D.8 above, then the Development Plan shall also be under the jurisdiction of the Zoning Administrator if the Conditional Use Permit would be under the jurisdiction of the Zoning Administrator provided:

a.

The use of the site proposed to be allowed by the Minor Conditional Use Permit is the only proposed use of the site, or

b.

On a developed site, no new development is proposed beyond that applied for under the Minor Conditional Use Permit.

E.

Findings required for approval of Conditional Use Permits other than Conditional Use Permit applications submitted in compliance with Chapter 35.38 (Sign Standards). A Conditional Use Permit application shall be approved or conditionally approved only if the review authority first makes all of the following findings, as applicable.

1.

Findings required for all Conditional Use Permits:

a.

The site for the proposed project is adequate in terms of location, physical characteristics, shape, and size to accommodate the type of use and level of development proposed;

b.

Significant environmental impacts will be mitigated to the maximum extent feasible.

c.

Streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed use.

d.

There will be adequate public services, including fire protection, police protection, sewage disposal, and water supply to serve the proposed project.

e.

The proposed project will not be detrimental to the comfort, convenience, general welfare, health, and safety of the neighborhood and will be compatible with the surrounding area.

f.

The proposed project will comply with all applicable requirements of this Development Code and the Comprehensive Plan, including any applicable community or area plan.

g.

Within Rural areas as designated on the Comprehensive Plan maps, the proposed use will be compatible with and subordinate to the rural and scenic character of the area.

2.

Additional findings required for sites zoned MT-GOL (Mountainous Goleta) zone.

a.

The proposed project will not cause significant erosion, sedimentation, runoff, siltation, or an identified significant adverse impact to downstream water courses or water bodies.

b.

The proposed project will not cause any significant adverse effect on environmentally sensitive habitat areas.

3.

Additional findings required for sites zoned MT-TORO (Mountainous Toro) zone.

a.

The proposed project will not require extensive alteration of the topography.

b.

The proposed project will not cause erosion, sedimentation, runoff, siltation, or an identified significant adverse impact to downstream water courses or water bodies.

c.

The proposed project will not cause any significant adverse effect on environmentally sensitive habitat areas, plant species, or biological resources.

4.

Additional findings required for sites zoned RMZ (Resource Management).

a.

The proposed project will not require extensive alteration of the topography.

b.

The proposed project will not cause erosion, sedimentation, runoff, siltation, or an identified significant adverse impact to downstream water courses or water bodies.

c.

The proposed project will not cause any significant adverse effect on environmentally sensitive habitat areas, plant species, or biological resources.

F.

Requirements prior to commencement of conditionally permitted uses and permit expiration.

1.

For Conditional Use Permits approved for property located in the Inland area, issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be required prior to the commencement of the development and/or authorized use allowed by the Conditional Use Permit.

a.

Land Use Permit required. The issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.84.040.C (Substantial Conformity Determinations) is required as a result of changes to the project allowed by the Conditional Use Permit.

b.

Zoning Clearance required. The issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.84.040.C (Substantial Conformity Determinations) is not required as a result of changes to the project allowed by the Conditional Use Permit.

2.

Time limits and extensions.

a.

Conditional Use Permits without approved phasing plans. If at the time of approval of a Conditional Use Permit the Conditional Use Permit does not include an approved phasing plan for development of the project authorized by the Conditional Use Permit, then a time limit shall be established within which the required Land Use Permit or Zoning Clearance shall be issued.

(1)

The time limit shall be a reasonable time based on the nature and size of the proposed development or use.

(2)

If a time limit is not specified, the time limit shall be 18 months from the effective date of the Conditional Use Permit.

(3)

The review authority responsible for reviewing and making a decision on the application for the Conditional Use Permit in compliance with Table 8-1 (Review Authority) and Subsection 35.80.020.B (Applications subject to more than one review authority) may extend the time limit in compliance with Section 35.84.030 (Time Extensions).

(4)

If the required time limit in which to obtain the required Land Use Permit or Zoning Clearance has expired and an application for an extension has not been submitted, then the Conditional Use Permit shall be considered void and of no further effect.

b.

Conditional Use Permits with approved phasing plans. If at the time of approval of a Conditional Use Permit the Conditional Use Permit includes a phasing plan for development of the project authorized by the Conditional Use Permit, then the required Land Use Permit or Zoning Clearance shall be issued within the time limit(s) established by the phasing plan.

(1)

The time limit may be extended only by revising the phasing plan for development of the project authorized by the Conditional Use Permit in compliance with Subsection C. (Substantial Conformity Determinations), Subsection D. (Amendments) or Subsection E. (Revisions) of Section 35.84.040 (Changes to an Approved Project).

(2)

If the required time limit(s) in which to obtain the required Land Use Permit or Zoning Clearance for the first phase of the project authorized by the Conditional Use Permit has expired and an application to revise the phasing plan has not been submitted, then the Conditional Use Permit shall be considered void and of no further effect.

(3)

If the required time limit(s) in which to obtain the required Land Use Permit or Zoning Clearance for any subsequent phase of the project authorized by the Conditional Use Permit has expired and an application to revise the phasing plan has not been submitted, then:

(a)

The Conditional Use Permit shall be considered void and of no further effect as to that phase and any subsequent phase(s) of the project.

(b)

The Conditional Use Permit is automatically revised to eliminate phases of project from the project authorized by the Conditional Use Permit that are considered void an of no further effect in compliance with Subsection 3.b.(3)(a), above.

(4)

The time limit(s) specified in the phasing plan shall require that all required Land Use Permits and Zoning Clearances shall be issued within 10 years of the effective date of the Conditional Use Permit.

(a)

This 10 year period may be extended by the Commission provided an application for a Time Extension is submitted in compliance with Section 35.84.030 (Time Extensions).

3.

Conditional Use Permit void. A Conditional Use Permit shall become void and be automatically revoked if the development and/or authorized use allowed by the Conditional Use Permit is discontinued for a period of more than 12 months. The time limit for discontinuance may be extended by the review authority that approved the Conditional Use Permit in compliance with Section 35.84.030 (Time Extensions).

G.

Changes to approved permit. Changes to an approved Conditional Use Permit shall be processed in compliance with Section 35.84.040 (Changes to an Approved Project).

H.

Conditions, restrictions, and modifications.

1.

At the time the Conditional Use Permit is approved, or subsequent amendments or revisions are approved, the review authority may modify the applicable distance between structures, landscaping, parking, screening requirements, setbacks, structure coverage, structure height limit, or yard areas when the review authority finds that the modifications are justified and consistent with the Comprehensive Plan and the intent of other applicable regulations and guidelines.

2.

As a condition of approval of any Conditional Use Permit, or of any subsequent amendments or revisions, the review authority may impose any appropriate and reasonable conditions or require any redesign of the project as the review authority may deem necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public health, peace, safety and welfare, or to implement the purposes of this Development Code.

3.

The review authority may require as a condition of approval of any Conditional Use Permit, or of any subsequent amendment or revision, the preservation of trees existing on the subject property.

4.

Mission Canyon Community Plan area. Within the Mission Canyon Community Plan area, as a condition of approval of any Conditional Use Permit or Minor Conditional Use Permit, or of any subsequent amendments or revisions, the review authority shall require an approved Fire Protection Plan in compliance with Policy FIRE-MC-4 to avoid onsite and offsite emergency evacuation impacts.

I.

Permit revocation. A Conditional Use Permit approval may be revoked or modified in compliance with Section 35.84.060 (Revocations).

J.

Post approval procedures. The procedures and requirements in Chapter 35.84 (Post Approval Procedures) and those related to appeals in Article 35.10 (Land Use and Development Code Administration), shall apply following the decision on an application for a Conditional Use Permit.

(Ord. No. 5238, § 15, 2-11-2025)

A.

Purpose and intent. The purpose and intent of Design Review is to encourage development that exemplifies the best professional design practices, to benefit surrounding property values, enhance the visual quality of the environment, and prevent poor quality of design.

B.

Applicability.

1.

Board of Architectural Review. The Board of Architectural Review shall be interpreted to mean the Central County Board of Architectural Review, the Montecito Board of Architectural Review, the North County Board of Architectural Review, and the South County Board of Architectural Review, as these Boards of Architectural Review are established and identified in Article V of Chapter 2 of the County Code. The applicable Board of Architectural Review shall govern the provisions of this Section within their respective jurisdictional areas as established by Article V of Chapter 2 of the County Code.

2.

Design Review action required. Design Review action shall be required for all of the following:

a.

Any structure or sign requiring Design Review as specifically provided under the applicable zone regulations of Article 35.2 (Zones and Allowable Land Uses).

b.

Any structure or sign requiring Design Review as specifically provided under Article 35.3 (Site Planning and Other Project Standards).

c.

Any structure or sign requiring Design Review as specifically provided under Article 35.4 (Standards for Specific Land Uses).

d.

Any structure or sign requiring Design Review as specifically provided under Article 35.5 (Oil and Gas, Wind Energy and Cogeneration Facilities).

e.

Any structure or sign requiring Design Review as specifically provided under Article 35.6 (Resource Management).

f.

Any structure or sign requiring Design Review as specifically provided under Article 35.8 (Planning Permit Procedures).

g.

Any structure or sign requiring architectural approval as specifically identified by the Director, Zoning Administrator, Commission, or Board. The Board of Architectural Review shall also render its advice on the exterior architecture of structures and signs to the Director, Zoning Administrator, Commission, or Board when requested to do so.

3.

Gaviota Coast, Mission Canyon, Summerland and Toro Canyon Plan areas. In addition to the items identified in Subsection B.2, above, for lots located within the Gaviota Coast Plan area, Mission Canyon Community Plan area, Summerland Community Plan area, and the Toro Canyon Area Plan area, the provisions of this Section shall also apply to:

a.

Any structure, additions to a structure, or sign.

b.

Gaviota Coast Plan area. Within the Gaviota Coast Plan area, single agricultural structures with a individual gross floor area of less than 5,000 square feet that are in compliance with the following standards are not subject to the requirements of this Section 35.82.070 (Design Review):

(1)

The existing cumulative structural development located on the lot that the structure is proposed to be located on does not exceed a footprint area of 10,000 square feet.

(2)

The structure(s) complies with the following standards:

(a)

All exterior lighting is in compliance with the following:

(i)

The lighting is required for safety purposes only.

(ii)

Outdoor lighting complies with Section 35.30.120 (Outdoor Lighting).

(iii)

Lighting is directed away from nearby residences, public roads and other areas of public use to the extent feasible.

(b)

The structure uses building materials, earth tone colors, and non-reflective paints that are compatible with the surrounding natural environment to maximize the visual compatibility of the development with surrounding areas.

c.

Summerland Community Plan area. Within the Summerland Community Plan area, new encroachments of structures, fences, walls, landscaping, etc., into existing public road rights-of-way as part of a project otherwise requiring Design Review in compliance with Section 35.82.070 (Design Review).

C.

Exceptions to Design Review requirements. Design review approval shall not be required for the following:

1.

General.

a.

Accessory dwelling units.

b.

Junior accessory dwelling units.

c.

Decks.

d.

Fences, gates, gateposts and walls as follows; however, fences, gates, gateposts and walls that are integral to the structure (e.g., are connected to the structure or form a courtyard adjacent to the structure) shall be included as part of the Design Review of a new structure or a remodeling or an addition to a structure requiring Design Review:

(1)

Fences, gates, and walls six feet or less in height and gateposts of eight feet or less in height, when located in the front setback area.

(2)

Fences, gates, and walls of eight feet or less in height and gateposts of 10 feet or less in height when located outside of front setback areas and not closer than 20 feet from the right-of way line of any street.

e.

Hot tubs, spas, and swimming pools.

f.

Interior alterations.

g.

Solar panels.

h.

Other exterior alterations determined to be minor by the Director.

i.

The replacement or restoration of structures that were damaged or destroyed as a result of a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) located on or affecting the lot on which the damaged or destroyed structures were located; unless the exterior design or specifications of the replaced or restored structure are substantially different from the prior structure(s), as determined by the Director.

2.

Special Provisions for projects in the jurisdictional area of the North County Board of Architectural Review. The following are special provisions that apply to projects that are within the jurisdictional area of the North County Board of Architectural Review:

a.

Exemptions. The following projects shall be exempt from Design Review if they cannot be viewed from public roadways or other areas of public use. Landscape screening shall not be taken into consideration when determining whether the project is visible from public roadways.

(1)

One-family dwellings.

(2)

Commercial and industrial projects not open to the public.

b.

Advisory actions. Review by the North County Board of Architectural Review of one-family dwellings is advisory and does not require either preliminary or final approval.

c.

Time limits. The North County Board of Architectural Review shall seek to complete its review of all projects within its purview as expeditiously as possible. Therefore, one-family dwellings shall be reviewed by the North County Board of Architectural Review no more than three times or for no longer than three months from the date of filing an application, whichever occurs first unless the project changes or requests for a continuance are initiated by the applicant require further review. If the North County Board of Architectural Review fails to render its advice within this limitation, then the project shall proceed to the review authority without a recommendation by the North County Board of Architectural Review.

d.

Structures subject to Chapter 35.62 (Ridgeline and Hillside Development). The following applies to structures that would normally be subject to Design Review due to their location in an area subject to the requirements of Chapter 35.62 (Ridgeline and Hillside Development)).

(1)

Exemptions. Exemptions to the Ridgeline and Hillside Guidelines that may normally be allowed in compliance with Subsection 35.62.040.B.2 (Exemptions allowed by the Board of Architectural Review) shall instead be reviewed and, if appropriate, allowed as follows:

(a)

Structures shall be reviewed by the Director for compliance with the development guidelines contained in Subsection 35.62.040.C (Development guidelines).

(b)

The Director may exempt a structure from compliance with the development guidelines in compliance with Subsection 35.62.040.C.1 (Guidelines - Application and interpretation) in addition to Subsection 35.62.040.B.3 (Exemptions allowed by the Director).

e.

Special provision not applicable. The special provisions described in Subsection 2.a through 2.d above, shall not apply to the following:

(1)

Development Plans where the Commission is the review authority.

(2)

Structures subject to approved planning permits and subdivision maps that are conditioned to require review and approval by the Board of Architectural Review in order to mitigate visual impacts or provide for consistency with the Comprehensive Plans.

D.

Contents of application. An application for a Design Review shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

E.

Processing.

1.

Applications for Preliminary and Final review by the Board of Architectural Review shall be accepted only if the application is accompanied by a development application or if the Department is processing an existing development application for the proposed project.

2.

The Board of Architectural Review shall hold as least one noticed public hearing on an application for Preliminary or Final Approval and approve, conditionally approve or deny the request in compliance with Section 2-33.15 of Chapter 2, Article V of the County Code and this Section.

3.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

4.

The action of the Board of Architectural Review is final subject to appeal in compliance with Chapter 35.102 (Appeals).

F.

Findings required for approval.

1.

Findings required for all Design Review applications. A Design Review application shall be approved or conditionally approved only if the Board of Architectural Review first makes all of the following findings:

a.

Overall structure shapes, as well as parts of any structure (buildings, fences, screens, signs, towers, or walls) are in proportion to and in scale with other existing or permitted structures on the same site and in the area surrounding the subject property.

b.

Electrical and mechanical equipment will be well integrated into the total design concept.

c.

There will be harmony of color, composition, and material on all sides of a structure.

d.

There will be a limited number of materials on the exterior face of the structure.

e.

There will be a harmonious relationship with existing and proposed adjoining developments, avoiding excessive variety and monotonous repetition, but allowing similarity of style, if warranted.

f.

Site layout, orientation, and location of structures and signs will be in an appropriate and well designed relationship to one another, and to the environmental qualities, open spaces, and topography of the site.

g.

Adequate landscaping will be provided in proportion to the project and the site with due regard to preservation of specimen and landmark trees, existing vegetation, selection of plantings that are appropriate to the project, and that adequate provisions have been made for maintenance of all landscaping.

h.

Signs, including associated lighting, are well designed and will be appropriate in size and location.

i.

The proposed development is consistent with any additional design standards as expressly adopted by the Board for a specific local area, community, or zone in compliance with Subsection G. (Local design standards) below.

2.

Additional findings required for Design Review applications within the Eastern Goleta Valley area. Where Design Review is required in compliance with Subsection 35.28.080.E (Eastern Goleta Valley), plans for new or altered structures will be in compliance with the Eastern Goleta Valley Residential Design Guidelines, as applicable. The Eastern Goleta Valley Residential Design Guidelines, which are intended to serve as a guide only, shall constitute "additional design standards" for purposes of Subsection 35.82.070.F.1.(i).

3.

Additional finding required for Design Review applications within the Summerland Community Plan Area.

a.

Plans for new or altered structures will be in compliance with the Summerland Residential and Commercial Design Guidelines.

b.

Permitted encroachments of structures, fences, walls, landscaping, etc., into existing public road rights-of-way are consistent in style with the urban and rural areas and minimize adverse visual or aesthetic impacts.

c.

Landscaping or other elements are used to minimize the visual impact of parking proposed to be located in front setback areas.

d.

If Monterey or Contemporary architectural styles are proposed, the design is well executed within the chosen style, and the style, mass, scale, and materials proposed are compatible with the surrounding neighborhood.

4.

Additional finding required for Design Review applications within the Toro Canyon Plan Area. All non-agricultural structures are in compliance with Subsection 35.28.210.H.1 (Development standards).

5.

Additional finding required for Design Review applications within the Los Alamos Community Plan area. Where Design Review is required in compliance with Subsection 35.28.080.F (Los Alamos Community Plan), plans for new or altered structures will be in compliance with the Los Alamos Bell Street Design Guidelines, as applicable. The Los Alamos Bell Street Design Guidelines, which are intended to serve as a guide only, shall constitute "additional design standards" for purposes of Subsection 35.82.070.F.1.(i).

6.

Additional findings required for Design Review applications within the Mission Canyon Community Plan area.

a.

Plans for new or altered structures subject to the provisions of Section 35.28.080 (Design Control (D) Overlay Zone) are in compliance with the Mission Canyon Residential Design Guidelines as applicable.

b.

Large visible understories (greater than four feet in height) and exposed retaining walls are minimized.

c.

Retaining walls are colored and textured (e.g., with earth tone colors and split face details) to match adjacent soils or stone, and visually softened with appropriate landscaping.

d.

The visible portion of a retaining wall above finished grade does not exceed a height of six feet as measured from the bottom of a footing to the top of the wall. The Board of Architectural Review may grant an exemption to this finding if a written finding is made that the exemption is necessary to allow a project that:

(1)

Furthers the intent of protecting hillsides and watersheds;

(2)

Enhances and promotes better structural and/or architectural design; and

(3)

Minimizes visual or aesthetic impacts.

e.

Landscaping and hardscaping located in the public right-of-way is consistent in style with the semi-rural character of Mission Canyon.

7.

Additional findings required for Design Review applications within the Scenic Corridor - Mission Canyon (SC-MC) overlay zone.

a.

New structures or alterations to existing structures will not impede views of, or interfere with the visual and historic character of the scenic corridor.

b.

New structures or alterations to existing structures have been reviewed within the context of the traditional and historical architectural setting in the vicinity, including Mission Santa Barbara, the Santa Barbara Museum of Natural History, "Glendessary House" (a County Landmark), and "Rockwood" (the Santa Barbara Woman's Club). While no particular architectural style is prescribed for this area, project design should promote a smooth transition from the City of Santa Barbara's "El Pueblo Viejo Landmark District" (around the Mission) to Mission Canyon. In this area, high quality construction and materials for exterior finishes are used.

c.

Where a traditional Spanish architectural style is proposed that incorporates a tile roof, two-piece terra cotta (Mission "C-tile") roof is used.

d.

New or altered fences, gates, gateposts, and walls are consistent with the architectural style of the structure, are compatible with the visual and historical character of the setting, are colored with appropriate earth tone colors to match adjacent soils or stone, are visually softened with appropriate landscaping, and make use of high quality construction and materials.

8.

Additional findings required for Design Review applications within the Mixed Use (MU) zone. A Design Review application for a project located on property zoned MU shall be approved or conditionally approved only if the Board of Architectural Review first makes all of the findings required in compliance with Subsection 35.26.030.E (Design review required) and Subsection 35.26.050.E.8.h (Design criteria).

9.

Additional finding required for Design Review applications within the Gaviota Coast Plan area. Where Design Review is required in compliance with Subsection B.3, above, plans for new or altered residential structures and structures that are accessory to residential structures will be in compliance with the Gaviota Coast Plan Design Guidelines, as applicable. The Gaviota Coast Plan Design Guidelines, which are intended to serve as a guide only, shall constitute "additional design standards" for purposes of Subsection 35.82.070.F.1.i.

G.

Local design standards. Additional design standards for a particular geographic area or zone may be developed as part of or independently of a Community Plan. Such standards serve to provide further guidance in the review of projects for the geographic area beyond those standards or findings contained in this Section. The following procedures shall be followed in adopting the local design standards:

1.

The Board of Architectural Review shall review proposed design standards at a draft stage and provide comments on the draft design standards as to their consistency with the standards and findings provided in this Section, as well as their overall utility and effectiveness. These comments shall be incorporated into the draft design standards by the Department.

2.

The Commission shall hold a hearing to review the proposed design standards and shall transmit its action to the Board in the form of a written recommendation.

3.

The Board shall hold a hearing to review the proposed design standards and shall approve or disapprove the proposed design standards.

a.

This hearing may be held in conjunction with an overall Community Plan adoption.

b.

The manner of adoption of the design standards (e.g., by ordinance or resolution) shall be at the discretion of the Board.

c.

Adoption of design standards shall:

(1)

Constitute a directive to the Board of Architectural Review to utilize the design standards in review of projects located in the applicable area or zone; and

(2)

Not constitute a granting of any formal authority to any local Design Review board not otherwise granted by appropriate legal mechanism.

H.

Appeals. The action of the Board of Architectural Review to grant or deny preliminary or final approval is final subject to appeal in compliance with Chapter 35.102 (Appeals).

I.

Expiration of Design Review approval.

1.

If development permit exists. All Design Review approvals shall expire on the date the associated development permit (e.g., Conditional Use Permit, Development Plan, Land Use Permit) including time extensions, expires.

2.

If no development permit exists. Where no development permit exists, all Design Review approvals shall expire two years from the date of final approval, except the Director may grant an extension of the approval if an active development application is being processed by the Department.

J.

Minor changes to Design Reviews. Minor changes to an approved project shall be in compliance with Section 35.84.040 (Changes to an Approved Project).

K.

Permit revocation. A Design Review approval may be revoked or modified in compliance with Section 35.84.060 (Revocations).

L.

Post approval procedures. The procedures and requirements in Chapter 35.84 (Post Approval Procedures), and those related to appeals in Article 35.10 (Land Use and Development Code Administration) shall apply following the decision on an application for Design Review.

(Ord. No. 5238, § 16, 2-11-2025)

A.

Purpose and intent. The purpose and intent of a Development Plan is to provide specific consideration for projects that are allowed uses within their respective zones which, because of the location, scale, or type of the development, require comprehensive review.

B.

Applicability.

1.

Final Development Permit required. No permit shall be issued for any development, including grading, for any property subject to this Section until a Final Development Plan has been approved in compliance with this Section.

2.

All portions of site to be included. No portion of a property not included within the boundaries of the Development Plan shall be entitled to any development permits.

3.

Review authority. The review authority for Development Plans is identified in Table 8-2 (Development Plan Review Authorities) below.

Table 8-2- Development Plan Review Authorities

Notes:

(1) Gross floor area includes all outdoor areas designated for sales and storage and the gross floor area of existing structures.

(2) The Director shall be the review authority for applications for Final Development Plans for projects that were legally permitted and developed without a Final Development Plan and are now nonconforming solely due to the absence of an approved Final Development Plan provided revisions to the existing development are not proposed as part of the application for the Final Development Plan except for minor alterations to the exterior of the structure that are determined to be exempt from Design Review by the Director in compliance with Section 35.82.070 (Design Review). If revisions to the existing development are proposed, then the application shall be processed as if it was an application for a new project and the jurisdiction shall be determined in compliance with this Table 8-2 .

C.

Contents of application. An application for a Development Plan shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

An applicant may file a Preliminary and then a Final Development Plan, or just a Final Development Plan.

a.

Any application filed in compliance with this Section that is determined to be inconsistent with the use and/or density requirements of this Development Code or the Comprehensive Plan shall be accompanied by an application that, if approve, would make the project consistent. The Director may refuse to accept for processing any application the Director finds to be inconsistent with the use and/or density requirements of this Development Code or the Comprehensive Plan, unless accompanied by an application that, if approved, would make the project consistent.

2.

After receipt of an application for a Development Plan, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

3.

After receipt of an application for a Development Plan, the Department shall refer the Development Plan to the Subdivision/Development Review Committee and the Board of Architectural Review for review and recommendations to the review authority. This requirement may be waived by the Director in the following situations:

a.

An application for a Final Development Plan that is submitted subsequent to the approval of a Preliminary Development Plan where there is no change from the approved Preliminary Development Plan and the project received final approval from the Board of Architectural Review; or

b.

An application for a Final Development Plan that is submitted for projects that were legally permitted and developed without a Development Plan provided that any exterior alterations can be determined to be minor by the Director in compliance with Subsection 35.82.070.C (Exceptions to Design Review requirements).

4.

Development Plans under the jurisdiction of the Director. A public hearing shall not be required if the Director is the review authority for the Development Plan.

a.

Notice of the pending decision of the Director on a Development Plan shall be given at least 10 days before the date of the Director's decision in compliance with Chapter 35.106 (Noticing and Public Hearings).

b.

The Director may approve, conditionally approve, or deny the Development Plan.

c.

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

5.

Development Plans under the jurisdiction of the Commission or Zoning Administrator. A public hearing shall be required if the Commission or Zoning Administrator is the review authority for the Development Plan.

a.

The review authority shall hold at least one noticed public hearing on the requested Development Plan and approve, conditionally approve, or deny the request.

b.

Notice of the hearing shall be given and the hearing shall be conduced in compliance with Chapter 35.106 (Noticing and Public Hearings).

c.

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

6.

If a Development Plan application is considered in conjunction with a Zoning Map Amendment application or other application requiring legislative approval, the Commission may recommend approval, conditional approval, or denial to the Board.

E.

Findings required for approval. A Development Plan application shall be approved or conditionally approved only if the review authority first makes all of the following findings, as applicable:

1.

Findings for all Preliminary or Final Development Plans.

a.

The site of the proposed project is adequate in terms of location, physical characteristics, shape, and size to accommodate the density and intensity of development proposed.

b.

Adverse impacts will be mitigated to the maximum extent feasible.

c.

Streets and highways will be adequate and properly designed to carry the type and quantity of traffic generated by the proposed use.

d.

There will be adequate public services, including fire and police protection, sewage disposal, and water supply to serve the proposed project.

e.

The proposed project will not be detrimental to the comfort, convenience, general welfare, health, and safety of the neighborhood and will not be incompatible with the surrounding area.

f.

The proposed project will comply with all applicable requirements of this Development Code and the Comprehensive Plan.

g.

Within Rural areas as designated on the Comprehensive Plan maps, the use will be compatible with and subordinate to the agricultural, rural, and scenic character of the rural areas.

h.

The project will not conflict with any easements required for public access through, or public use of a portion of the subject property.

2.

Additional finding required for Final Development Plans.

a.

Substantial conformity. The plan is in substantial conformity with any previously approved Preliminary Development Plan, except when the review authority considers a Final Development Plan for which there is no previously approved Preliminary Development Plan. In this case, the review authority may consider the Final Development Plan as both a Preliminary and Final Development Plan.

(1)

If the Final Development Plan is under the jurisdiction of the Director, and the Director cannot find that the Final Development plan is in substantial conformity with the previously approved Preliminary Development Plan, the Director shall refer the Final Development Plan to the review authority that approved the Preliminary Development Plan for a decision on the Final Development Plan.

3.

Additional findings required for Preliminary or Final Development Plans for sites zoned C-V (Visitor Serving Commercial).

a.

For development within Rural areas as designated on the Comprehensive Plan maps, the project will not result in a need for ancillary facilities on other rural lands (e.g., residences, stores). Such facilities, if necessary, shall be provided within designated urban areas.

b.

For development surrounded by areas zoned residential, the proposed use is compatible with the residential character of the area.

4.

Additional findings required for Preliminary or Final Development Plans for sites zoned MU (Mixed Use).

a.

The density and type of mixed use development is consistent with all applicable Comprehensive Plan policies and incorporates any other conditions specifically applicable to the lots that are identified in the Comprehensive Plan.

b.

The mixed use development will not be detrimental to the health, safety, comfort, convenience, property values, and general welfare of the neighborhood.

c.

The existing and proposed circulation is suitable and adequate to serve the proposed uses.

d.

The structures are clustered to the maximum extent feasible to provide the maximum amount of contiguous open space.

e.

The mixed use development will not adversely affect necessary community services (e.g., fire protection, police protection, sewage disposal, traffic circulation, and water supply).

f.

The proposed mixed uses are sited and designed to ensure the compatibility of the uses.

5.

Additional findings required for Preliminary or Final Development Plans for sites zoned PRD (Planned Residential Development).

a.

The density and type of the proposed development will comply with the PRD zone and applicable policies of the Comprehensive Plan including any applicable community or area plan policies.

b.

Adequate provisions are or will be made within the proposed covenants, conditions, and restrictions to permanently care for and maintain public and common open spaces and recreational areas and facilities.

c.

The structures are clustered to the maximum extent feasible to provide the maximum amount of contiguous open space.

6.

Additional findings required for Preliminary or Final Development Plans for sites within the Hazardous Waste Management Facility overlay zone.

a.

There is a need for the off-site treatment, storage, or disposal hazardous waste management facility as determined in compliance with Policy 2-1 of the County's Hazardous Waste Element.

b.

The proposed facility is consistent with the siting criteria for off-site hazardous waste management facilities identified in the Hazardous Waste Element and the development standards identified in Section 35.28.140 (Hazardous Waste Management Facility (HWMF) Overlay Zone).

c.

A risk assessment has been prepared for the Development Plan which adequately evaluates the risks to human health and safety and the environment under both routine operations and upset conditions.

d.

The risks to human health and the environment have been minimized to the maximum extent feasible and the remaining risks are considered acceptable.

e.

The project will not create a financial burden for the County.

f.

The proposed facility operator has demonstrated financial responsibility for the operation, monitoring, closure, and post-closure of the subject facility.

F.

Requirements prior to commencement of development authorized by a Final Development Plan.

1.

For Final Development Plans approved for property located in the Inland area, issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be required prior to the commencement of the development and/or authorized use allowed by the Development Plan.

a.

Land Use Permit required. The issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.84.040.C (Substantial Conformity Determinations) is required as a result of changes to the project allowed by the Final Development Plan.

b.

Zoning Clearance required. The issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.84.040.C (Substantial Conformity Determinations) is not required as a result of changes to the project allowed by the Final Development Plans.

G.

Time limits and extensions.

1.

Preliminary Development Plans. Preliminary Development Plans shall expire two years after approval unless a time extension is approved in compliance with Section 35.84.030 (Time Extensions).

2.

Final Development Plans.

a.

Final Development Plans without approved phasing plans. If at the time of approval of a Final Development Plan the Final Development Plan does not include an approved phasing plan for development of the project authorized by the Final Development Plan, the following time limits and extensions shall apply.

(1)

Final Development Plans for agricultural developments. Within the Rural area as designated on the Comprehensive Plan maps, for lots with a base zone of AG-II and no designated Comprehensive Plan or zoning overlays, Final Development Plans for agricultural development shall expire 10 years after approval unless substantial physical construction has been completed on the development or a time extension is approved in compliance with Section 35.84.030 (Time Extensions).

(2)

Final Development Plans for other than agricultural developments. Except as provided in Subsection G.2(a)(1) (Final Development Plans for agricultural developments) above, Final Development Plans for other than agricultural developments shall expire five years after approval unless substantial physical construction has been completed on the development or a time extension is approved in compliance with Section 35.84.030 (Time Extensions).

b.

Final Development Plans with approved phasing plans. If at the time of approval of a Final Development Plan the Final Development Plan includes a phasing plan for development of the project authorized by the Final Development Plan, then the required Land Use Permit or Zoning Clearance shall be issued within the time limit(s) established by the phasing plan.

(1)

The time limit may be extended only by revising the phasing plan for development of the project authorized by the Final Development Plan in compliance with Subsection C. (Substantial Conformity Determinations), Subsection D. (Amendments) or Subsection E. (Revisions) of Section 35.84.040 (Changes to an Approved Project).

(2)

If the required time limit(s) in which to obtain the required Land Use Permit or Zoning Clearance for the first phase of the project authorized by the Final Development Plan has expired and an application to revise the phasing plan has not been submitted, then the Final Development Plan shall be considered to have expired and of no further effect.

(3)

If the required time limit(s) in which to obtain the required Land Use Permit or Zoning Clearance for any subsequent phase of the project authorized by the Final Development Plan has expired and an application to revise the phasing plan has not been submitted, then:

(a)

The Final Development Plan shall be considered to have expired and of no further effect as to that phase and any subsequent phase(s) of the project.

(b)

The Final Development Plan is automatically revised to eliminate phases of project from the project authorized by the Final Development Plan that are considered to have expired and of not further effect in compliance with Subsection 2.(b)(3)(i), above.

(4)

The time limit(s) specified in the phasing plan shall require that all required Land Use Permits and Zoning Clearances shall be issued within 10 years of the effective date of the Final Development Plan.

(a)

This 10 year period may be extended by the Commission provided an application for a Time Extension is submitted in compliance with Section 35.84.030 (Time Extensions).

(i)

The extension of the 10 year period is not subject to Subsection 35.84.030.D.2 (Development Plans (Preliminary and Final)) that limits the extension of the approval of a Development Plan to 12 months.

H.

Conditions, restrictions, and modifications.

1.

At the time the Preliminary or Final Development Plan is approved, or subsequent amendments or revisions are approved, the review authority may modify the distance between structures, landscaping, parking, screening requirements, setbacks, structure coverage, structure height limit, or yard areas specified in the applicable zone and Chapter 35.36 (Parking and Loading Standards) when the review authority finds that the modification is justified.

2.

As a condition of approval of any Preliminary or Final Development Plan, the review authority may impose any appropriate conditions or require any redesign of the subject project as it may deem to be reasonable and necessary in order to protect the persons or property in the neighborhood, to preserve the natural resources or scenic quality of the area, to preserve the neighborhood character, to preserve or enhance the public health, peace, safety, and general welfare, or to implement the purposes of this Development Code.

3.

The review authority may require as a condition of approval of any Development Plan, the preservation of trees existing on the subject property.

4.

Mission Canyon Community Plan area. Within the Mission Canyon Community Plan area, as a condition of approval of any Preliminary or Final Development Plan, the review authority shall require that the Preliminary of Final Development Plan include an approved Fire Protection Plan to avoid onsite and offsite emergency evacuation impacts.

I.

Post approval procedures. The procedures and requirements in Chapter 35.84 (Post Approval Procedures) and those related to appeals in Article 35.10 (Land Use and Development Code Administration), shall apply following the decision on an application for a Development Plan.

(Ord. No. 5192, § 24, 11-7-2023)

A.

Purpose and intent. The purpose of this Section is to establish procedures for the granting of Emergency Permits. The intent is to modify the customary procedures for permit processing and temporarily by-pass the permit requirements of this Development Code in the case of an emergency.

B.

Applicability. When emergency action by a person or public agency is warranted, the requirements of obtaining a planning permit otherwise required by this Development Code may be temporarily deferred by the Director, and the Director may instead grant an Emergency Permit before the customarily required planning permit.

C.

Application submittal procedures. In cases of emergency an application for an Emergency Permit shall be made to the Director by letter or telefax, if time allows, or by telephone or in person, if time does not allow.

D.

Verification of emergency. The Director shall verify the facts, including the existence and nature of the emergency, before granting the Emergency Permit.

E.

Processing.

1.

Notice of the emergency work shall be in compliance with Chapter 35.106 (Noticing and Public Hearings). The notice is not required to precede the actual commencement of the emergency work.

2.

The Director may grant an Emergency Permit upon reasonable terms and conditions, including an expiration date and a requirement for subsequently obtaining the planning permit(s) customarily required by this Development Code if the Director first makes all of the following findings:

a.

An emergency exists and requires action more quickly than provided for by the customary procedures for permit processing.

b.

The action proposed is consistent with the policies of the Comprehensive Plan, including any applicable community or area plan and the requirements of this Development Code.

c.

Public comment on the proposed emergency action has been reviewed.

F.

Completion of corrective action. The corrective action shall be completed within 30 days of granting the Emergency Permit unless otherwise specified by the terms of the Emergency Permit.

G.

Requirement for subsequent permits. The granting of an Emergency Permit shall not constitute an entitlement to the erection of permanent structures. An application for a planning permit customarily required by this Development Code shall be made no later than 30 days following the granting of an Emergency Permit. Any materials required for a completed application shall be submitted within 90 days after the approval of the Emergency Permit, unless this time period is extended by the Director.

H.

Permits not subject to Director's authority. The Director shall not issue an Emergency Permit for any work that falls within the provisions of Public Resources Code Section 30519(b) or is in conflict with the provisions of Public Resources Code Section 30624.

I.

Reporting requirements of the Director. The following reporting requirements shall be followed:

1.

The Director shall submit a written report to the Board at its first scheduled meeting after the Emergency Permit has been granted regarding the nature of the emergency and the work involved.

2.

Copies of the written report shall be available to the public at the meeting and shall be mailed to all persons who have requested notification in writing.

3.

The Director's written report shall be informational only; the decision to grant an Emergency Permit shall be at the sole discretion of the Director in compliance with this Section.

A.

Purpose and intent. This Section provides procedures and findings to allow for the granting of Hardship Determinations to allow the restoration of nonconforming uses or the reconstruction of nonconforming structures. The intent is to allow such restoration or reconstruction only when the adverse impact upon the neighborhood created by the continued existence of the nonconforming use or structure or other development would be less than the hardship which would be suffered by the owner of the nonconforming use or structure or other development should restoration or reconstruction be denied.

B.

Applicability. The provisions of this Section shall apply to all nonconforming uses and structures.

C.

Contents of application. An application for a Hardship Determination shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

The Zoning Administrator shall hold at least one noticed public hearing on the requested Hardship Determination and approve, conditionally approve, or deny the request.

2.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

3.

The Zoning Administrator, in approving the Hardship Determination, may require conditions as deemed reasonable and necessary to ensure that the intent and purpose of this Development Code and the public health, peace, safety, and general welfare would be promoted.

4.

The action of the Zoning Administrator is final and not subject to appeal.

E.

Finding required for approval. A Hardship Determination application shall be approved or conditionally approved only if the Zoning Administrator first finds that the adverse impact upon the neighborhood created by the continued existence of the nonconforming use or structure or other development would be less than the hardship which would be suffered by the owner of the nonconforming use or structure or other development should restoration or reconstruction be denied.

1.

Additional finding required for sites within the Toro Canyon Plan Area. A Hardship Determination application submitted in compliance with Subsection 35.101.030.B.5 (Sites within the Toro Canyon Plan Area) shall be approved only if the Zoning Administrator first also finds the public health and safety will not be jeopardized in any way by such reconstruction or structural repair.

A.

Purpose and intent. This Section establishes procedures and findings for the approval, issuance of, and effective time periods for, Land Use Permits. The intent of this Section is to ensure that development proposals are in compliance with the provisions of the Comprehensive Plan, including any applicable community or area plan, this Development Code, and any conditions established by the County.

B.

Applicability. The provisions of this Section shall apply to all development and uses listed within this Development Code as requiring a Land Use Permit, including development.

C.

Contents of application. An application for a Land Use Permit shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

The Director shall review the Land Use Permit application for compliance with the Comprehensive Plan including any applicable community or area plan, this Development Code, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request.

2.

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

3.

No entitlement for development shall be granted prior to the effective date of the Land Use Permit. A Land Use Permit shall not be issued and deemed effective:

a.

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the review authority in compliance with Chapter 35.102 (Appeals).

b.

Until all conditions of the Land Use Permit that are required to be satisfied prior to issuance of the Land Use Permit have been satisfied.

c.

Until all necessary prior approvals have been obtained.

d.

For applications for grading of individual building pads on property located within the Summerland Community Plan area, until the structure that will utilize the building pad has received final Design Review approval in compliance with Section 35.82.070 (Design Review).

4.

In the case of a development which requires a public hearing and final action by the Commission or the Zoning Administrator, or final action by the Director, the Director shall not approve any subsequently required Land Use Permit within the 10 calendar days immediately following the date that the review authority took final action, during which time an appeal of the action may be filed in compliance with Chapter 35.102 (Appeals).

5.

If a Land Use Permit is requested for property subject to a resolution of the Board initiating a Zoning Map Amendment or an Amendment to this Development Code, a Land Use Permit shall not be approved or conditionally approved while the proceedings are pending on the amendment unless the proposed uses or structures will conform to both the existing zone and existing provisions of this Development Code and the amendment initiated by the Board or unless a Preliminary or Final Development Plan in compliance with Section 35.82.080 (Development Plans) was approved before the adoption of the Board's resolution and the proposed uses or structures are in conformance with the approved Preliminary or Final Development Plan.

6.

Notice of the approval or conditional approval of a Land Use Permit shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings).

E.

Findings required for approval. A Land Use Permit application shall be approved or conditionally approved only if the Director first makes all of the following findings:

1.

Findings for all Land Use Permits:

a.

The proposed development conforms:

(1)

To the applicable provisions of the Comprehensive Plan including any applicable community or area plan; and

(2)

With the applicable provisions of this Development Code or falls within the limited exception allowed in compliance with Chapter 35.101 (Nonconforming Uses, Structures, and Lots).

b.

The proposed development is located on a legally created lot.

c.

The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivisions, setbacks, and any other applicable provisions of this Development Code, and any applicable zoning violation enforcement and processing fees have been paid. This Subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures in compliance with Chapter 35.101 (Nonconforming Uses, Structures, and Lots).

2.

Additional finding required for sites within the Summerland Community Plan area:

a.

The development will not adversely impact existing recreational facilities and uses.

F.

Permit expiration.

1.

A Land Use Permit shall remain valid only as long as compliance with all applicable requirements of this Development Code and the permit continues.

2.

The approval or conditional approval of a Land Use Permit shall be valid for 12 months unless a time extension is approved in compliance with Section 35.84.030 (Time Extensions) except that a Land Use Permit approved or conditionally approved and unissued as of December 1, 2011 shall be valid for 12 months following December 1, 2011 unless a time extension is approved in compliance with Section 35.84.030 (Time Extensions).

3.

A Land Use Permit shall expire two years from the date of issuance if the use and/or structure for which the permit was issued has not been established or commenced in compliance with the effective permit unless a time extension is approved in compliance with Section 35.84.030 (Time Extensions).

G.

Minor changes to Land Use Permits. Minor changes to an issued Land Use Permit shall be allowed in compliance with Section 35.84.040 (Changes to an Approved Project).

H.

Permit revocation. An issued Land Use Permit may be revoked in compliance with Section 35.84.060 (Revocations).

I.

Post approval procedures. The procedures and requirements in Chapter 35.84 (Post Approval Procedures) and those related to appeals in Article 35.10 (Land Use and Development Code Administration), shall apply following the decision on an application for a Land Use Permit.

A.

Purpose and intent. This Section provides procedures and findings to allow for improvements comprising minor enlargements, expansions, extensions, or structural alterations of a structure dedicated to an industrial, public works, or energy-related nonconforming use. The intent is to allow such improvements in order to improve the safety or reduce the environmental effects of certain nonconforming industrial uses.

B.

Applicability. The provisions of this Section shall apply to all nonconforming industrial, public works, and energy-producing related nonconforming uses.

C.

Contents of application. An application for a Limited Exception Determination shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

After receipt of the Limited Exception Determination application, the Department shall distribute the material to all appropriate County departments for a 30-day application completeness review.

2.

Upon determining the application to be complete, the Director shall conduct an assessment of the public health and safety and/or environmental benefits of the application and shall review the project in compliance with the California Environmental Quality Act. Information derived from the benefit assessment or the environmental review shall be used to support the Commission's action on a Limited Exception Determination.

3.

The Commission shall hold at least one noticed public hearing on the requested Limited Use Determination and approve, conditionally approve, or deny the request.

4.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

5.

The Commission, in approving the Limited Use Determination, may require conditions as deemed reasonable and necessary to ensure that the intent and purpose of this Development Code and that the public health, peace, safety, and general welfare will be promoted.

6.

The action of the Commission is final subject to appeal in compliance with Chapter 35.102 (Appeals).

E.

Findings required for approval. A Limited Exception Determination application shall be approved or conditionally approved only if the Commission first makes all of the following findings:

1.

The improvement will have a demonstrable public health and safety, or environmental benefit (e.g., will reduce the risk of a hazardous material spill or reduce air emissions).

2.

The improvement will not result in any new un-mitigated environmental impacts.

3.

The improvement will not result in an increase in the overall intensity of use beyond the existing allowed use (e.g., output/throughput per day) or, for facilities where no permits exist, will not increase the overall intensity of the use beyond the current operating limits.

4.

The improvement will not expand or extend the existing developed industrial site boundary within a lot.

5.

The improvement will not result in an expansion or extension of the life of the nonconforming use due to increased capacity of the structure dedicated to the nonconforming use, or from increased access to a resource, or from an opportunity to increase recovery of an existing resource. Any extension in the life of the nonconforming use affected by the improvement will result solely from improved operational efficiency and will be incidental to the primary purpose of improving public health and safety or providing an environmental benefit.

6.

If prior Limited Exception Determinations have been made for the same nonconforming use in compliance with this Section, the successive Limited Exception Determinations cumulatively provide a public health and safety or environmental benefit.

A.

Purpose and intent. The purpose and intent of this Section is to allow for minor modifications of certain zone standards, where, because of integrity of design, practical difficulties, topography, tree or habitat protection, or other similar site conditions, minor adjustments to the regulations, requirements, or standards would result in better project design, land use planning, and resource protection.

B.

Applicability.

1.

Allowed for permitted uses only. The provisions of this Section shall apply to specific development proposals that are allowed in the zone in which the project is located which are not otherwise subject to Conditional Use Permit (Section 35.82.060) or Development Plan (Section 35.82.080) requirements.

2.

Activities or uses not otherwise allowed. In no case shall a Modification be granted to allow an activity which is not otherwise allowed in the zone in which the property is situated, nor shall a Modification be granted which alters the procedural or timing requirements of this Development Code.

3.

Allowed Modifications. Modifications may only be granted in conjunction with a specific development proposal and are limited to the following:

a.

Maximum setback reduction of 20 percent. The area of each front, side or rear setback area shall not be reduced by more than 20 percent of the minimum setback area required in compliance with the applicable zone regulations.

(1)

If a portion of a front, side or rear setback area that is requested to be reduced is occupied by a nonconforming structure(s) at the time of application for the Modification, then the setback area occupied by the nonconforming structure(s) shall be added to the amount of setback area requested to be reduced in determining whether the requested reduction in front, side or rear setback area would exceed 20 percent of the minimum setback area required in compliance with the applicable zone regulations.

b.

Setback reductions for structures, except unenclosed, attached entryways or porches. No setback reduction for structures, except for unenclosed, attached entryways or porches (see Subsection 3.c (Front setback reductions for unenclosed, attached entryways or porches) below) shall result in:

(1)

Front. A front setback depth, as measured from the right-of-way or easement line of a street, of less than 16.5 feet.

(2)

Side. A side setback width from property lines of less than three feet.

(3)

Rear. A rear setback depth from property lines of less than 15 feet.

c.

Front setback reductions for unenclosed, attached entryways or porches. No front setback reduction for an unenclosed, attached entryway or porch shall result in a front setback depth, as measured from the right-of-way or easement line of a street or driveway, of less than 10 feet.

d.

Increase in zone height limitations. Up to a 10 percent increase in the zone height limitations.

e.

Increase in the maximum Floor Area Ratio. Up to a 10 percent increase in the maximum Floor Area Ratio (FAR) requirements for structures originally constructed before the adoption of the FAR regulations (e.g., if the FAR is 0.50, the maximum modification would allow a FAR of 0.55).

f.

Reduction of parking spaces. A reduction in the required number and/or a Modification in the design or location of parking spaces and loading zones may be allowed provided that in no case shall:

(1)

The number of required bicycle parking spaces be reduced.

(2)

The number of spaces required for an accessory dwelling unit be reduced, unless such reduction in the number of spaces is allowed in compliance with Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

(3)

Any parking or screening requirement for a vehicle with more than two axles, a recreational vehicle or bus, a trailer, or other non-passenger vehicle be modified.

(4)

A reduction in the required number of parking spaces for development within the Summerland Community Plan Area be allowed that results in an increase in on-street parking.

(5)

The required number of parking spaces in the Mission Canyon Community Plan area be reduced from three to two in the R-1/E-1 (Single Family Residential) zone for habitable additions to an existing dwelling unit of 500 square feet or greater or an addition or remodel that includes one or more new bedrooms and results in a dwelling with three or more bedrooms, unless:

(a)

The reduction would preserve the integrity of a historic structure, or

(b)

There is no space for the third parking space due to topography, lot configuration, or other physical constraints as determined by the Director. The reduction shall not be granted if the addition or remodel is proposed in a location that would be suitable for the required third parking space.

(c)

The floor area of the addition, or location of the bedrooms, is within an accessory dwelling unit or junior accessory dwelling unit approved in compliance with Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

4.

Prohibited Modifications. In no case shall a Modification be granted for a reduction in buffer, landscape, open space, or other requirements of this Development Code, except as identified above.

C.

Contents of application.

1.

An application for a Modification shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

2.

Review Period Delay Request Form. An application for a Modification for an accessory dwelling unit or junior accessory dwelling unit shall be submitted concurrently with a Review Period Delay Request Form which shall request that the County toll the accessory dwelling unit or junior accessory dwelling unit application review period until the County has taken final action on the application for the Modification for the accessory dwelling unit or junior accessory dwelling unit.

D.

Processing.

1.

The Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

2.

The project shall be subject to the provisions of Section 35.82.070 (Design Review), and shall be scheduled to be heard by the Board of Architectural Review for preliminary review and approval only, before the project is heard by the Zoning Administrator.

3.

The Zoning Administrator shall hold at least one noticed public hearing on the requested Modification, unless waived in compliance with Subsection D.7, below, and approve, conditionally approve, or deny the request.

4.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

5.

The review authority, in approving the Modification, may require conditions as deemed reasonable and necessary to promote the intent and purpose of this Development Code and the public health, safety, and welfare.

6.

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

7.

Waiver of public hearing. The requirement for a public hearing may be waived by the Director in compliance with the following requirements. If the requirement for a public hearing is waived, then the Director shall be the review authority for the Modification application. A listing of Modification applications for which the public hearing may be waived shall be provided on the Zoning Administrator's hearing agendas.

a.

Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice in compliance with Chapter 35.106 (Noticing and Public Hearings).

(1)

The notice shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal any action taken on the Modification application.

b.

A written request for public hearing is not received by the Department within the 15 working days immediately following the date the notice is provided in compliance with Subsection D.7.a, above.

E.

Findings required for approval. An application for a Modification shall be approved or conditionally approved only if the Zoning Administrator first makes all of the following findings:

1.

Findings for all Modifications.

a.

The project is consistent with the Comprehensive Plan, including any applicable community or area plan.

b.

The project complies with the intent and purpose of the applicable zone including overlays, and this Development Code.

c.

The Modification is minor in nature and will result in a better architectural or site design, as approved by the Board of Architectural Review, and/or will result in greater resource protection than the project without the Modification.

d.

The project will be compatible with the neighborhood, and will not create an adverse impact to aesthetics, community character, or public views.

e.

Any Modification of parking or loading zone requirements will not adversely affect the demand for on-street parking in the immediate area.

f.

The project will not be detrimental to existing ambient noise levels, physical access, light, solar exposure, or ventilation on or off the subject site.

g.

Any adverse environmental impacts will be mitigated to a level of insignificance.

2.

Additional finding required for sites within the Summerland Community Plan area.

a.

The development will not adversely impact existing recreational facilities and uses.

F.

Expiration.

1.

Expiration in 12 months. Except as provided in Subsection F.1.a, below, a Modification shall expire 12 months from the effective date if a Land Use Permit has not been issued for the project for which the Modification was approved, unless (1) otherwise specified by conditions of project approval or (2) a time extension has been approved in compliance with Section 35.84.030 (Time Extensions).

a.

Accessory dwelling units and junior accessory dwelling units. A Modification shall expire 12 months from the effective date if a Building Permit has not been issued for the accessory dwelling unit or junior accessory dwelling unit for which the Modification was approved, unless (1) otherwise specified by conditions of project approval or (2) a time extension has been approved in compliance with Section 35.84.030 (Time Extensions).

2.

Once granted a permit. Except as provided in Subsection F.2.a, below, once the project for which the Modification was approved has been issued a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits), the Modification shall have the same expiration date as the issued Land Use Permit.

a.

Accessory dwelling units and junior accessory dwelling units. Once the accessory dwelling unit or junior accessory dwelling unit for which the Modification was approved has been issued a Building Permit, the Modification shall have the same expiration date as the issued Building Permit.

G.

Post approval procedures. The procedures and requirements in Chapter 35.84 (Post Approval Procedures) and those related to appeals in Article 35.10 (Land Use and Development Code Administration), shall apply following the decision on an application for a Modification.

A.

Purpose and intent. This Section provides procedures and findings to allow for determining the nonconforming status of and extent of damage to a structure that is damaged or destroyed by earthquake, fire, flood vandalism or other calamity beyond the control of the owner of the structure.

1.

Toro Canyon Plan Area. This Section also provides procedures and findings to allow the repair or reconstruction of one nonconforming private detached garage on a lot located within the Toro Canyon Plan Area in compliance with Subsection 35.101.030.B.5 (Sites within Toro Canyon Plan Overlay) that is damaged or destroyed by earthquake, fire, flood vandalism or other calamity beyond the control of the owner of the structure.

B.

Applicability. The provisions of this section shall apply to all nonconforming uses, structures or other development when required in compliance with Chapter 35.101 (Nonconforming Uses, Structures, and Lots).

C.

Contents of application. An application for a Nonconforming Status and Extent of Damage Determination shall be filed and processed in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

The Zoning Administrator shall hold at least one noticed public hearing on the requested Nonconforming Status and Extent of Damage Determination and approve, conditionally approve, or deny the request.

2.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

3.

The Zoning Administrator, in approving the Nonconforming Status and Extent of Damage Determination, may require conditions as deemed reasonable and necessary to ensure that the intent and purpose of this Development Code and the public health, peace, safety, and general welfare would be promoted.

4.

The action of the Zoning Administrator is final and not subject to appeal.

E.

Finding required for approval. A Nonconforming Status and Extent of Damage Determination application shall be approved or conditionally approved only if the Zoning Administrator first finds that there is sufficient evidence to establish that the subject structure is nonconforming and that the extent of damage is such that the reconstruction or repair is allowed in compliance with Chapter 35.101 (Nonconforming Uses, Structures, and Lots).

1.

Additional finding for Nonconforming Status and Extent of Damage Determinations in the Toro Canyon Plan Area. If the Nonconforming Status and Extent of Damage Determination application involves repair or reconstruction of a private detached garage, the Zoning Administrator shall also find that there is sufficient evidence to establish that the structure was used as a private garage prior to the damage or destruction by earthquake, fire, flood vandalism or other calamity beyond the control of the owner of the structure.

A.

Purpose and intent. This Section establishes procedures and findings for the approval of Overall Sign Plans to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a unified appearance and to ensure that signs within a multi-nonresidential tenant development are visually attractive and are in a harmonious relationship to one another.

B.

Applicability.

1.

Mandatory Overall Sign Plans. An Overall Sign Plan is required for all proposed signs associated with developments with four or more nonresidential tenant spaces that will have individual signs.

2.

Optional Overall Sign Plans. Overall Sign Plans are optional for signs associated with any other type of project.

C.

Allowed modifications. The review authority may allow the following sign modifications as part of the approval of an Overall Sign Plan:

1.

Freestanding signs. An increase in the height, number and size limitations on freestanding signs.

2.

Menu boards for drive-through restaurants. An increase in the area limitation of menu boards.

3.

Awning and canopy signs. An increase in the area limitation of awning and canopy signs.

4.

Projecting and shingle signs. An increase in the area limitation of projecting and shingle signs.

5.

Wall sign. An increase in the area limitation of wall signs.

D.

Contents of application. An application for an Overall Sign Plan shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

E.

Processing.

1.

An application for an Overall Sign Plan shall be submitted concurrently with an application for a Development Plan for a development with four or more nonresidential tenant spaces that will have individual signs and shall be processed in conjunction with such Development Plan application, except as provided below.

a.

An application for an Overall Sign Plan may be submitted independently if the Overall Sign Plan is for an existing development and the processing of a new or revised Development Plan is not required.

2.

Review authority.

a.

The review authority for an Overall Sign Plan submitted concurrently with an application for a Development Plan shall be the review authority for the Development Plan.

b.

The review authority for an application for an Overall Sign Plan submitted independent of a Development Plan in compliance with Subsection 1.a, above, and for projects that are not subject to Development Plan approval, shall be the Director.

3.

After receipt of an application for an Overall Sign Plan, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

4.

The Overall Sign Plan shall be subject to Design Review in compliance with Section 35.82.070 (Design Review).

5.

Notice of filing of an application and notice of review authority action shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings).

a.

In addition to mailed notice required in compliance with Chapter 35.106 (Noticing and Public Hearings) notice shall also be mailed a minimum of 10 days prior to the review authority action to all tenants within the development.

6.

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

F.

Findings required for approval. An Overall Sign Plan application shall be approved or conditionally approved only if the review authority first makes all of the following findings:

1.

Findings for all Overall Sign Plans.

a.

The proposed project will be compatible with the neighborhood, and will not create an adverse impact to aesthetics, community character, or public views.

b.

The proposed project will comply with all applicable requirements of this Development Code and the Comprehensive Plan, including any applicable community or area plan.

2.

Additional findings required for Overall Sign Plans that include modifications. If an Overall Sign Plan includes any modifications in compliance with Subsection C. (Allowed modifications) above, then the Overall Sign Plan application shall be approved or conditionally approved only if the review authority first makes all of the following findings, as applicable:

a

Freestanding signs. The proposed area, height, or number of freestanding signs is architecturally harmonious in relation to the size and location of the development.

b

Menu boards for drive-through restaurants.

(1)

The proposed area of the menu board is architecturally harmonious in relation to the size and location of the structure on which it will be placed.

(2)

The proposed area of the menu board is architecturally harmonious in relation to the size and location of the area in which the structure is constructed.

c

Awning and canopy signs. The proposed area of the awning or canopy sign is architecturally harmonious in relation to the size and location of the building area occupied by the enterprise proposing the sign.

d.

Projecting and shingle signs. The proposed area of the projecting or shingle sign is architecturally harmonious in relation to the size and location of the building area occupied by the enterprise proposing the sign.

e

Wall signs.

(1)

The proposed area of the wall sign is architecturally harmonious in relation to the size and location of the structure on which it will be placed.

(2)

The proposed area of the wall sign is architecturally harmonious in relation to the size and location of the area on which the structure is constructed.

(Ord. No. 5238, § 17, 2-11-2025)

A.

Purpose and intent. This Section provides regulations for surface mining operations in compliance with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), hereinafter referred to as SMARA; Public Resources Code Section 2207; and California Code of Regulations, Title 14, Section 3500 et seq., to ensure that:

1.

Adverse environmental effects to be prevented or minimized. The adverse environmental effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands for alternative land uses; and

2.

Production and conservation of minerals to be encouraged. The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment (e.g., air pollution, damage to biological resources, degradation of scenic quality, erosion, flooding, geologic subsidence, noise pollution, and water quality degradation), while giving proper consideration to community values relating to aesthetic enjoyment, range and forage, recreation, watershed, and wildlife.

B.

Definitions. Definitions of the specialized terms and phrases used in this Section are in Article 35.11 (Glossary).

C.

Incorporation of SMARA and State Regulations. The provisions of SMARA, Public Resources Code Section 2207, and the California Code of Regulations implementing SMARA (14 California Code of Regulations, Section 3500 et seq.), as either may be amended from time to time, are made a part of this Section by reference, with the same force and effect as if these provisions were specifically and fully contained within this Section. These regulations shall hereafter be referred to in this Section as the State Regulations.

D.

Applicability. Unless exempted by the provisions of SMARA, the State Regulations, or Subsection D.1 (Exemptions) below, any person (as defined in the State Regulations) who proposes surface mining operations shall, before the commencement of any operations, obtain both a permit to mine and approval of a Reclamation Plan in compliance with this Section.

1.

Exemptions. This Section and its permit and Reclamation Plan requirements in Subsection E. (Permit and Reclamation Plan Requirements) below, do not apply to the following activities:

a.

Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster. (SMARA Section 2714(a))

b.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in a total amount of less than 1,000 cubic yards in one or more locations or lots under the control of one operator that do not exceed a total of one acre. A Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) and Grading Permit in compliance with Section 14.6 of County Code Chapter 14, the Grading Ordinance, may be required for excavations or extractions of more than 50 cubic yards.

c.

Surface mining operations that are required by federal law in order to protect a mining claim, if the operations are conducted solely for that purpose. (SMARA Section 2714(e))

d.

Onsite excavation and onsite earthmoving activities that are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to the conditions in SMARA Section 2714(b).

e.

Other surface mining operations which the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances. (SMARA Section 2714(f))

2.

Vested rights. A person shall be deemed to have vested rights if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials therefore. (SMARA Section 2776)

3.

Earthwork. Reclamation activities shall be consistent with the applicable provisions of the Grading Ordinance (County Code Chapter 14), and with other established engineering and geologic standards.

4.

Authority of Building Official to prevent engineering hazards. The approval of a Conditional Use Permit, Minor Conditional Use Permit or Reclamation Plan shall not prevent the Building Official from thereafter requiring the correction of errors in the permit or Reclamation Plan for earthwork specification, or from preventing surface mining operations or reclamation efforts being carried out in compliance with a permit or Reclamation Plan, where the Building Official has determined that a significant engineering hazard threatening public health and safety, or substantial physical damage to off-site property or lands outside of the approved boundary of the mining operation is likely to occur, or has occurred, as a result of surface mining operations or reclamation efforts.

a.

Curtailment order. The Building Official may order that correction of earthwork specifications and/or curtailment of activities is required to protect the public health and safety, or to prevent or minimize substantial physical damage to off-site property or lands outside of the approved boundary of the mining operations.

b.

Notice and hearing. Before issuing any correction or curtailment order, the Building Official shall establish a time for hearing and shall give written notice of the time and place of the hearing and the engineering hazard to be abated.

(1)

The notice shall be given to the operator 10 days before the hearing at which time there will be an opportunity for all concerned parties to present evidence. The notice may be served in person or by certified mail.

(2)

The notice shall include procedures for appeal of the determination by the Building Official to the Commission and, thereafter, to the Board in compliance with Chapter 35.102 (Appeals).

(3)

At the same time that notice of the order is conveyed, the Building Official shall establish a date, time, and place for a publicly noticed hearing and review of the order as soon as possible, which date shall be no later than 48 hours after the order is issued or served.

(4)

The hearing shall be conducted in the same manner as a hearing on prior notice.

(5)

After the hearing, the Building Official may modify, revoke, or retain the emergency curtailment order.

c.

Curtailment order without notice or hearing. In the event the Building Official determines there is an imminent danger to the public health and safety resulting from an alleged engineering hazard, the Building Official may summarily order the necessary curtailment of activities without prior notice and hearing and the order shall be obeyed upon notice of same, whether written or oral.

d.

Appeal and effect of appeal. An affected person may appeal an order of the Building Official to the Commission in compliance with Chapter 35.102 (Appeals), within 10 days of the date that notice of the order is given.

(1)

If there is an appeal, the order of the Building Official shall remain in full force and effect until action is taken by the Commission or, upon appeal, the Board.

(2)

The decision of the Commission or Board on an appeal shall constitute a final action by the County.

(3)

The decision shall not preclude a surface mining operator from seeking judicial relief.

(4)

If an appeal is not filed, the Building Official's order becomes final.

E.

Permit and Reclamation Plan requirements. The following requirements apply to all surface mining operations in all zones.

1.

Conditional Use Permit and Reclamation Plan required prior to commencement of surface mining operations. A Conditional Use Permit or Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), a Reclamation Plan prepared in compliance with SMARA and this Section, and a lead agency approved financial assurance shall be required prior to the commencement of any surface mining operations, unless the operations are exempted by the provisions of SMARA, the State Regulations, or Subsection D.1 (Exemptions) above.

2.

Zoning Clearance required prior to commencement of development authorized by a Conditional Use Permit and Reclamation Plan. A surface mine operator shall obtain a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearance), prior to the initiation of mining and reclamation activities approved in compliance with a Conditional Use Permit and Reclamation Plan. Except for Agricultural Soil Export Mining, the surface mine operator shall also obtain a separate Zoning Clearance to implement a Reclamation Plan.

a.

This requirement to obtain a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearance) shall take precedence over existing permit conditions requiring the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) prior to the initiation of mining and reclamation activities approved in compliance with a Conditional Use Permit and Reclamation Plan as of December 1, 2011.

F.

Application requirements. An application for a Conditional Use Permit or Minor Conditional Use Permit and Reclamation Plan shall include:

1.

The application forms provided by the Department and each of the informational items listed on the Conditional Use Permit or Minor Conditional Use Permit and Reclamation Plan application forms;

2.

Documentation of how the mining operation authorized under the proposed Conditional Use Permit or Minor Conditional Use Permit would be in compliance with the minimum acceptable surface mining practices specified in California Code of Regulations, Title 14, Section 3503; and

3.

A proposed Reclamation Plan that includes all of the information required by SMARA Section 2772(c) and California Code of Regulations, Title 14, Section 3502, documentation of how the proposed plan satisfies the reclamation standards specified in California Code of Regulations, Title 14, Sections 3700 - 3713, and a grading plan that illustrates the existing (pre-mining) topography, the topography at the end of any designated phase of mining and reclamation, and the topography of the final reclaimed surface to remain after the cessation of mining activities.

The Conditional Use Permit or Minor Conditional Use Permit application and the proposed Reclamation Plan shall be submitted concurrently but compiled and presented as two separate documents. The number of copies of the Conditional Use Permit or Minor Conditional Use Permit and Reclamation Plan applications to be submitted shall be determined by the Department.

G.

Processing.

1.

Agency notification.

a.

Department of Conservation. Within 30 days of receipt of an application for a Conditional Use Permit or Minor Conditional Use Permit for surface mining operations or substantial amendment, and/or a Reclamation Plan, the County shall notify the Director of the Department of Conservation of the filing of the application. (SMARA Section 2774(e))

b.

Department of Transportation. Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Department shall also notify the state Department of Transportation that the application has been received. (SMARA Section 2770.5)

c.

County departments. The Department shall provide a copy of the application to each County department represented on the Subdivision/Development Review Committee for review and recommendation to the review authority.

2.

Environmental review. Upon a determination by the County that the applications are complete, the applications for Conditional Use Permit or Minor Conditional Use Permit and Reclamation Plan approval shall be reviewed in compliance with the California Environmental Quality Act.

3.

Public hearings.

a.

Conditional Use Permit and Minor Conditional Use Permits.

(1)

The review authority shall consider the Conditional Use Permit or Minor Conditional Use Permit at a noticed public hearing and shall approve, conditionally approve, or deny the request.

(2)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(3)

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

b.

Reclamation Plan and financial assurances.

(1)

Agricultural Soil Export Mining.

(a)

The Department shall submit the Reclamation Plan, financial assurances, or amendments to the Director of the Department of Conservation for review, together with an analysis of the proposed Reclamation Plan, financial assurances, or amendments and its certification that the documents and their content comply with all applicable State Regulations. (SMARA Section 2774(c))

(b)

The Director of the Department of Conservation shall have 30 days from the date of receipt of the Reclamation Plan or plan amendments, and 45 days from the date of receipt of financial assurances, to prepare written comments, if the Director of the California Department of Conservation so chooses. (SMARA Section 2774(d))

(c)

The Zoning Administrator shall then consider the Reclamation Plan, financial assurances, or amendments and all comments received from the Director of the Department of Conservation that are submitted within the statutory comment period at a noticed public hearing and shall approve, conditionally approve or deny the Reclamation Plan and financial assurances.

(d)

The Zoning Administrator shall incorporate the comments and recommendations of the Director of the Department of Conservation into the Reclamation Plan as part of plan approval or shall adopt detailed written responses that explain why specific comments or recommendations were not accepted. (SMARA, Section 2774(d))

(e)

Copies of any written comments received and responses prepared by the Zoning Administrator shall be promptly forwarded to the surface mining operator.

f)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(g)

The action of the Zoning Administrator is final subject to appeal in compliance with Chapter 35.102 (Appeals).

(h)

A decision of the Board on a Reclamation Plan may be appealed to the State Mining and Geology Board in compliance with Public Resources Code Section 2770, and California Code of Regulations, Title 14, Section 3650.

(2)

Mining other than Agricultural Soil Export Mining.

(a)

Prior to taking final action on the Reclamation Plan, the Commission shall first conceptually approve the Reclamation Plan, financial assurances, and any amendments thereto, at a noticed public hearing before submitting them to the Director of the Department of Conservation for review.

(b)

The Commission shall then submit the Reclamation Plan, financial assurances, or amendments to the Director of the Department of Conservation for review, together with its certification that the documents and their content comply with all applicable State Regulations. (SMARA, Section 2774(c))

(c)

The Director of the Department of Conservation shall have 30 days from the date of receipt of the conceptually approved Reclamation Plan or plan amendments, and 45 days from the date of receipt of financial assurances, to prepare written comments, if the Director so chooses. (SMARA Section 2774(d))

(d)

The Commission shall consider all comments from the Director of the Department of Conservation that are submitted within the statutory comment period at a noticed public hearing and shall take final action to approve, conditionally approve or deny the Reclamation Plan and financial assurances.

(e)

The Commission shall incorporate the comments and recommendations of the Director of the Department of Conservation into the Reclamation Plan as part of plan approval or shall adopt detailed written responses that explain why specific comments or recommendations were not accepted. (SMARA Section 2774(d))

(f)

Copies of any written comments received and responses prepared by the Commission shall be promptly forwarded to the surface mining operator.

(g)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(h)

The final action of the Commission is final subject to appeal in compliance with Chapter 35.102 (Appeals).

(i)

A decision of the Board on a Reclamation Plan may be appealed to the State Mining and Geology Board in compliance with Public Resources Code Section 2770, and the California Code of Regulations, Title 14, Section 3650.

4.

State notification of County approval. The Department shall forward a copy of each approved Conditional Use Permit or Minor Conditional Use Permit for mining operations and/or approved Reclamation Plan to the Director of the Department of Conservation.

5.

State review of financial assurances. The Department shall also forward a copy of the approved financial assurances to the Director of the Department of Conservation for review. See Subsection J.2 (Requirements, forms, and amount) below.

H.

Performance standards.

1.

Surface mining operations.

a.

Compliance with State Regulations required. All surface mining operations for which a new or revised Conditional Use Permit or Minor Conditional Use Permit is required shall comply with the requirements contained in SMARA and implementing State Regulations.

b.

Compliance with County standards required. The following standards shall apply in addition to the State Regulations as determined by the review authority to be appropriate to surface mining operations that are subject to a new or substantially revised Conditional Use Permit or Minor Conditional Use Permit.

(1)

Appearance. Mining operations shall be conducted in a neat and orderly manner, free from junk, trash, or unnecessary debris. Where in public view, salvageable equipment stored in a non-operating condition shall be suitably screened or stored in an enclosed structure.

(2)

Noise and vibration. Noise and ground vibration shall be controlled so as to minimize any disturbance of neighbors. The volume of sound measured outside during calm air conditions, generated by any use on the subject property shall not exceed 65 dB(A) LDN as measured at the location of the nearest noise sensitive use (as defined in the County Noise Element) beyond the property line of the mining operation.

(3)

Traffic safety.

(a)

Parking shall be provided in compliance with Chapter 35.36 (Parking and Loading Standards). Adequate provision shall be made for the queuing and loading of trucks.

(b)

Haul roads shall be located away from property lines where possible, except where adjoining property is part of the mining operation. Where processing facilities are not located on the same site as the mining operation, off-site haul routes shall be specified in the mining permit. The haul routes as well as other transport routes from the processing facilities to market destinations shall avoid, to the maximum extent feasible, routing through residential neighborhoods.

(c)

The number and location of access points to the mining operation shall be specified in the mining permit.

(4)

Dust control. During hours of operations, all access roads shall be contained, protected, or wetted in a manner designed to minimize the generation of dust.

(5)

Public health and safety.

(a)

Appropriate measures, including fencing, shall be provided where determined by the review authority to be necessary for public safety.

(b)

Excavations shall be posted to give reasonable public notice where determined by the review authority to be necessary for public safety.

(c)

A body of water created during operations within the excavation shall be maintained in a manner designed to provide for maximum mosquito control and to prevent the creation of health hazards or a public nuisance.

(d)

Any generation of offensive fumes or odors, glare, heat, noxious gases or liquids, or radiation and all other activities shall be conducted in a manner that will not be injurious to the health, safety, or general welfare of persons residing or working in the neighborhood by reason of danger to life or property.

(6)

Screening. To the maximum extent feasible, screening or other aesthetic treatments (e.g., berms, fences, plantings of suitable shrubs and/or trees) shall be required, where necessary, to minimize visibility from public view of cut slopes or mining operations, structures, and equipment. Mining operations that are visible from a scenic highway designated in the Comprehensive Plan, as well as from a route classified as having highest scenic values in the Open Space Element, shall be screened or other appropriate and effective aesthetic treatments shall be used to minimize impacts on scenic resources.

(7)

Protection of streams and groundwater basins. All surface mining operations shall incorporate measures to protect surface and groundwater quality as determined necessary and required by law by relevant county, state and federal agencies.

(8)

Slope stability. All excavation or placement of fill associated with mining operations shall be conducted in a manner that avoids landslides or other slope instabilities.

(9)

Annual report. Each surface mining operator shall forward an annual status report to the Director of the Department of Conservation and the Department on a date established by the Director of the Department of Conservation upon forms furnished by the State Mining and Geology Board. (Public Resources Code Section 2207, Subdivisions (a) through (g))

2.

Reclamation Plans.

a.

Compliance with State standards required. Each new or substantially amended Reclamation Plan shall comply with the minimum statewide performance standards required by SMARA Section 2773(b), and identified in California Code of Regulations, Title 14, Section 3700 et seq., regarding:

(1)

Backfilling, recontouring;

(2)

Regrading, revegetation, and slope stability;

(3)

Closure of surface openings; diversion structures, drainage, erosion control, and waterways;

(4)

Prime agricultural land reclamation, other agricultural land, equipment, and structure removal;

(5)

Stream protection, including groundwater and surface;

(6)

Tailing and mine waste management;

(7)

Topsoil maintenance, redistribution, and salvage; and

(8)

Wildlife habitat.

b.

Compliance with County standards required. The following standards shall apply in addition to the state standards, as determined by the review authority to be appropriate to surface mining operations that are subject to new or substantially amended Reclamation Plans.

(1)

Revegetation. All revegetation and/or re-establishment shall comply with an approved landscaping plan, in compliance with Chapter 35.34 (Landscaping Standards).

(2)

Visual resources. The Reclamation Plan shall, to the maximum extent feasible, provide for the protection and reclamation of the visual resources of the area affected by the mining operation. Measures may include re-soiling, re-contouring of the land to be compatible with the surrounding natural topography, and re-vegetation and the end uses specified by the landowner. Where the mining operation requires the cutting, leveling, removal, or other alteration of ridgelines on slopes of 20 percent or more, the Reclamation Plan shall ensure that the mined areas are found compatible with the surrounding natural topography and other resources of the site.

(3)

Grading regulations. Each Reclamation Plan shall comply with applicable provisions of the Grading Ordinance (County Code Chapter 14).

(4)

Phasing of reclamation. See also Subsection K. (Inspections) below.

(a)

A Reclamation Plan shall include a description of and plan for the type of surface mining to be employed and an estimated time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation. (SMARA, Section 2772(f))

(b)

Where appropriate, interim management may also be required for mined lands that have been disturbed and will be disturbed again in future operations and yet do not qualify as "idle" within the meaning of SMARA Section 2727.1.

(c)

The interim management is for the purpose of minimizing adverse environmental impacts during extended periods of inactivity before resumption of mining and ultimate reclamation.

(d)

Reclamation may be done on an annual basis, or in stages compatible with continuing operations, or on completion of all excavation, fill, or removal as approved by the review authority.

(e)

Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include the estimated beginning and ending dates for each phase, all reclamation activities required, criteria for measuring completion of specific reclamation activities, and estimated costs in compliance with Subsection J. (Financial assurances for Reclamation Plans) below.

(f)

The reclamation schedule shall be subject to review authority approval.

I.

Findings for approval.

1.

Surface mining operations. In addition to the findings required for the approval of a Conditional Use Permit or Minor Conditional Use Permit by Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), a Conditional Use Permit or Minor Conditional Use Permit application for surface mining operations shall be approved or conditionally approved only if the review authority also first finds that the project complies with Subsection H.1 (Surface mining operations) above.

2.

Reclamation Plans. An application for a Reclamation Plan shall be approved or conditionally approved only if the review authority first makes all of the following findings:

a.

The Reclamation Plan complies with applicable requirements of SMARA and associated State Regulations, with applicable provisions of the County's Grading Ordinance (County Code Chapter 14), and with other appropriate engineering and geologic standards.

b.

The Reclamation Plan and the potential use of reclaimed land in compliance with the plan are consistent with the provisions of this Development Code and the Comprehensive Plan.

c.

In approving or conditionally approving the Reclamation Plan, the required findings in compliance with the California Environmental Quality Act can be made.

d.

The land and/or resources (e.g., water bodies to be reclaimed) will be reclaimed to a condition that is compatible with the surrounding natural environment, topography, and other resources.

e.

The Reclamation Plan will reclaim the mined lands to a usable condition which is readily adaptable for alternative land uses specified by the landowner and consistent with this Development Code and the Comprehensive Plan. Any Reclamation Plan for Agricultural Soil Export Mining will reclaim the graded land solely for the purpose of agricultural activity, as defined in California Code of Regulations, Title 14, Section 3501.

f.

A written response to the Director of the Department of Conservation has been prepared, describing the disposition of the major issues raised by the Director of the Department of Conservation. Where the review authority does not agree with the recommendations and objections raised by the Director of the Department of Conservation, the response shall address, in detail, why specific comments and suggestions were not accepted. (SMARA, Section 2774(d))

J.

Financial assurances for Reclamation Plans.

1.

Purpose. This Section is intended to ensure that reclamation will proceed in compliance with an the approved Reclamation Plan, as it may be amended, through the maintenance of funds available to the County and the State that are adequate to reclaim the site in the event of a default by the operator.

2.

Requirements, forms, and amount.

a.

The operator shall post a financial assurance instrument or mechanism in a form authorized under California Code of Regulations, Title 14, Section 3800 et seq. of the State Mining and Geology Board reclamation regulations.

b.

Financial assurances shall be made payable to the County and the Department of Conservation. (SMARA, Section 2773.1(a)(4))

c.

The amount of the financial assurance to be posted with the County shall be equivalent to the estimated cost of reclamation of the site from its current condition in a manner consistent with the approved Reclamation Plan, plus an amount to ensure reclamation of the additional ground disturbance anticipated to occur in the following year. The financial assurance shall be based on a cost estimate prepared using the Financial Assurance Guidelines adopted by the State Mining and Geology Board. All financial assurances shall be approved by the County and the Department of Conservation.

d.

The financial assurance amount shall be based on an estimate of "third-party" costs to reclaim the mined lands. These costs shall include direct costs for onsite reclamation activities, such as revegetation, grading, and equipment removal, and indirect costs, such as supervision, mobilization, profit and overhead, contingencies, and lead agency monitoring. The operator shall submit a reclamation cost estimate using the State Financial Assurance Guidelines or similar instrument, for review and approval by the County and Department of Conservation prior to posting of a new or revised Financial Assurance.

K.

Inspections. Each Surface Mining Permit and Reclamation Plan shall provide for periodic compliance inspections as follows.

1.

The Department or other designated County agency shall conduct an inspection of a surface mining operation within 180 days of receipt of the annual report required in Subsection H. (Performance standards) above, filed by the mining operator in compliance with Public Resources Code Section 2207, solely to determine whether the surface mining operation is in compliance with the approved Conditional Use Permit or Minor Conditional Use Permit and/or Reclamation Plan, and the State Regulations. (SMARA, Section 2774 (b))

2.

In no event shall less than one inspection be conducted within any single calendar year.

3.

The inspection may be made by a state-registered civil engineer, state-registered forester, state-registered geologist, state-licensed landscape architect, or other qualified specialist, as approved by the County.

4.

All inspections shall be conducted using a form approved by the Department of Conservation or the State Mining and Geology Board.

5.

The County shall notify the Director of the Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted and shall forward a copy of the inspection report and any supporting documentation to the Director of the Department of Conservation and mining operator.

6.

The operator shall be solely responsible for the reasonable cost of the inspection by the County and its designees.

L.

Interim management plan requirements.

1.

Timing, content, processing. Within 90 days of a surface mining operation becoming idle, the operator shall file an interim management plan with the Department. (SMARA, Section 2770 (h))

a.

The interim management plan shall comply with all applicable requirements of SMARA, Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including all conditions of the Conditional Use Permit or Minor Conditional Use Permit and/or Reclamation Plan.

b.

The interim management plan shall be processed as an amendment to the Reclamation Plan and shall not be considered a project for the purposes of environmental review in compliance with the California Environmental Quality Act. ((SMARA, Section 2770(h))

c.

The idle mine shall comply with the financial assurance requirements for reclamation specified in SMARA, Section 2773.1.

2.

Director review and decision. The Director shall be the review authority for an amendment to the Reclamation Plan required to incorporate an interim management plan associated with mining operation including an Agricultural Soil Export Mining operation.

a.

Within 60 days of receipt of the interim management plan, or longer period mutually agreed upon by the Department and the operator, the Director shall review, and approve or deny the plan in compliance with Subsection G. (Processing), above, except that a public hearing is not required.

(1)

The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Department, to submit a revised plan.

(2)

The Director shall approve or deny the revised interim management plan within 60 days of receipt of the plan.

(3)

An action of the Director to deny the revised interim management plan is final subject to appeal in compliance with Chapter 35.102 (Appeals).

3.

Time limit, extension. The interim management plan shall remain in effect for a period not to exceed five years, at which time the Director shall do one of the following:

a.

Renew the interim management plan for an additional period not to exceed five years, which may be renewed for additional five-year periods at the expiration of each five year period, if the Director finds that the surface mining operator has complied fully with the interim management plan.

b.

Require the surface mining operator to commence reclamation in compliance with the approved Reclamation Plan. (SMARA Section 2770(h)(2))

c.

An action of the Director to either renew the interim management plan or require the commencement of reclamation is final subject to appeal in compliance with Chapter 35.102 (Appeals).

M.

Time limit for commencement of surface mining operation. The time limit for commencing a surface mining operation allowed in compliance with this Section shall be the same as the time limit of the Conditional Use Permit or Minor Conditional Use Permit required in compliance with Subsection E. (Permit and Reclamation Plan requirements) above.

N.

Violations and penalties.

1.

Failure to comply with approved Reclamation Plan. If the County, based upon an annual inspection or otherwise confirmed by an inspection of the mining site, determines that a surface mining operation is not in compliance with its approved Reclamation Plan, the County shall follow the procedures in SMARA Sections 2774.1 and 2774.2 concerning violations and penalties.

2.

Failure to comply with Conditional Use Permit or Minor Conditional Use Permit. If the County, based upon an annual inspection or otherwise confirmed by an inspection of the mining site, determines that a surface mining operation is not in compliance with its Conditional Use Permit or Minor Conditional Use Permit, the County shall follow the procedures for permit revocation and other enforcement actions specified in Section 35.84.060 (Revocations) and Chapter 35.108 (Enforcement and Penalties).

O.

Fees. The Board Fee Schedule shall include fees as reasonable and necessary to cover the costs of implementing this Section and the State Regulations, including application processing, preparation of annual reports, compliance inspections, and enforcement.

P.

Post approval procedures. The procedures and requirements in Chapter 35.84 (Post Approval Procedures), and those related to appeals in Article 35.10 (Land Use and Development Code Administration), shall apply following the decision on an application for a Reclamation and Surface Mining Permit.

A.

Purpose and intent. This Section establishes procedures and findings for the approval of Sign Certificates of Conformance that are required in compliance with Chapter 35.38 (Sign Standards). The intent of this Section is to ensure that proposed signage is visually attractive and complies with the goals of the County.

B.

Applicability. Before erecting, applying, installing, affixing, altering, relocating or projecting as an image any signage, a Sign Certificate of Conformance shall be issued, unless identified as exempt from permit requirements by Chapter 35.38 (Sign Standards).

C.

Contents of application. An application for a Sign Certificate of Compliance shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

Review for compliance. The Director shall review the Sign Certificate of Conformance application for compliance with the Comprehensive Plan including applicable community or area plans, this Development Code, applicable Overall Sign Plan, and other applicable conditions and regulations, and approve, conditionally approve or deny the request. A Sign Certificate of Conformance shall not be issued by the Director until all necessary prior approvals (e.g., Design Review, Overall Sign Plan) have first been obtained.

2.

Decision not subject to appeal. The action of the Director to issue, conditionally issue, or deny a Sign Certificate of Conformance is final and not subject to appeal.

E.

Permit expiration. A Sign Certificate of Conformance shall remain valid only as long as compliance with all applicable requirements of this Development Code and the permit continues.

(Ord. No. 5238, § 18, 2-11-2025)

Editor's note— Ord. No. 5238, § 19, adopted February 11, 2025, repealed the former Section 35.82.180 in its entirety, which pertained to sign modification and derived from original codification.

A.

Purpose and intent. The purpose of this Section is to provide procedures for evaluating proposed land uses that are not specifically enumerated in a zone but may be allowed if they are found to be similar in character to uses that are already enumerated as permitted uses within that zone. The intent of this Section is to provide specific consideration of such uses. Within this section "permitted uses" shall mean those uses in Tables 2-1, 2-4, 2-7 through 2-9, 2-14 through 2-16, 2-19, 2-20, 2-22 and 2-23 in which the "Permit Requirement" is denoted with a "P".

B.

Applicability. The provisions of this Section shall only apply to zones identified in Subsection 35.20.030.A.3 (Similar and compatible use may be allowed).

C.

Contents of application. An application for a Use Determination shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

Use Determinations under the jurisdiction of the Director. A public hearing shall not be required if the Director is the review authority for the Use Determination.

a.

After receipt of an application for a Use Determination, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

b.

Notice of the application and pending action or action for the Use Determination shall be given in compliance with Section 35.106.050 (Land Use Permits) except that posted notice by the applicant is not required.

c.

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

2.

Use Determinations under the jurisdiction of the Commission.

a.

After receipt of an application for a Use Determination, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

b.

The Commission shall hold at least one noticed public hearing on the requested Use Determination and approve, conditionally approve, or deny the request.

c.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

d.

The action of the Commission is final subject to appeal in compliance with Chapter 35.102 (Appeals).

E.

Findings required for approval of Use Determinations. A Use Determination application shall be approved or conditionally approved only if the review authority first makes all of the following findings, as applicable:

1.

Limited Commercial (C-1), Retail Commercial (C-2), General Commercial (C-3), Service Commercial (C-S), Professional and Institutional (PI), Industrial Research Park (M-RP) and Light Industry (M-1) zones.

a.

The proposed use is similar in character to those listed as permitted uses in the applicable zone.

b.

The proposed use is not more injurious to the health, safety or welfare of the neighborhood than those listed as permitted uses in the applicable zone because of noise, odor, dust, smoke, vibration, danger to life, property or other similar causes.

2.

Highway Commercial (CH) zone. The proposed use is operated primarily for the purpose of serving the essential needs of travelers on highways.

3.

Community Mixed Use - Los Alamos (CM-LA) zone. The proposed use is important to the daily (frequent) needs of residents in the surrounding area and is important to the shopping needs of the community.

4.

Neighborhood Commercial (CN) zone.

a.

The proposed use is similar in character to those listed as permitted uses in the CN zone.

b.

The proposed use is not more injurious to the health, safety or welfare of the neighborhood than those listed as permitted uses in the CN zone because of noise, odor, dust, smoke, vibration, traffic congestion, danger to life, property or other similar causes.

5.

Old Town Residential/Light Commercial (OT-R/LC) and Old Town Residential/General Commercial (OT-R/GC) zones.

a.

Similar permitted uses.

(1)

The proposed use is similar in character to those listed as permitted uses in the applicable zone.

(2)

The proposed use is not more injurious to the health, safety or welfare of the neighborhood than those listed as permitted uses in the applicable zone because of noise, odor, dust, smoke, vibration, traffic congestion, danger to life, property or other similar causes.

b.

Similar uses allowed with a Conditional Use Permit.

(1)

The proposed use is found to be of the same nature as those permitted with a Conditional Use Permit and would be consistent with the character of the "Old Town" area.

6.

Public Utilities (PU) zone. The proposed use is similar in character to those listed as permitted uses in the PU zone.

7.

Recreation (REC) zone. The proposed use is similar in character to those listed as permitted uses in the REC zone, not including fairgrounds, amusement parks or large indoor recreational complexes.

F.

Applicable standards and permit requirements. When the Commission determines that a proposed, but unlisted, use is similar to a listed permitted use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Development Code apply.

(Ord. No. 5192, § 25, 11-7-2023)

A.

Purpose and intent. The purpose and intent of this Section is to allow variances from the strict application of the provisions of this Development Code where, because of exceptional conditions (e.g., the location, shape, size, surroundings, or topography, or other extraordinary situation or condition of the subject property), the literal enforcement of this Development Code would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this Development Code.

B.

Applicability.

1.

The provisions of this Section shall apply to all zones.

2.

In no case shall a Variance be granted:

a.

To allow a use or activity which is not otherwise allowed in the zone in which the property is located; or

b.

From the procedures identified in this Development Code.

C.

Contents of application. An application for a Variance shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

An application filed in compliance with this Section that is determined by the Director to be inconsistent with the use and/or density requirements of this Development Code or the Comprehensive Plan shall be accompanied by an application to make the project consistent.

2.

The Department may refuse to accept for processing any application the Director finds to be inconsistent with the Comprehensive Plan.

3.

The Zoning Administrator shall hold at least one noticed public hearing on the requested Variance and approve, conditionally approve, or deny the request.

4.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

5.

The Zoning Administrator, in approving the Variance may require conditions as deemed reasonable and necessary to promote the purpose and intent of this Development Code and the public health, safety, and welfare.

6.

The action of the Zoning Administrator is final subject to appeal in compliance with Chapter 35.102 (Appeals).

7.

Prior to the issuance of any planning permit required to effectuate the approved Variance, the applicant shall agree, in writing, to comply with all conditions imposed by the review authority in the granting of the Variance.

E.

Findings required for approval. A Variance application shall be approved or conditionally approved only if the Zoning Administrator first makes all of the following findings:

1.

Due to special circumstances applicable to the subject property, including location, shape, size, surroundings, or topography, the strict application of this Development Code deprives the subject property of privileges enjoyed by other property in the vicinity and under identical zone classification.

2.

The granting of the Variance shall not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which the property is situated.

3.

The granting of the Variance will not be in conflict with the purpose and intent of this Development Code or the Comprehensive Plan.

F.

Post approval procedures. The procedures and requirements in Chapter 35.84 (Post Approval Procedures) and those related to appeals in Article 35.10 (Land Use and Development Code Administration), shall apply following the decision on an application for a Variance.

A.

Purpose and intent. This Section provides procedures and findings to allow for the approval of, and effective time periods for, Zoning Clearances which may be required in compliance with Subsection B. (Applicability) below. The intent of this Section is to ensure that development conforms to the provisions of the Comprehensive Plan, including any applicable community or area plan, this Development Code, and any conditions or development standards established by the County.

B.

Applicability.

1.

Zoning Clearance required. A Zoning Clearance shall be issued by the Director where a Zoning Clearance is required in compliance with this Development Code, unless other requirements of this Development Code specify that the Zoning Clearance is not required or the activity is exempt from the approval of a planning permit in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements).

2.

Zoning Clearance approval. The issuance of a Zoning Clearance certifies that the land use or development will satisfy all applicable provisions of this Development Code, including the conditions of approval of any existing approved permits for the subject property, including applicable discretionary projects (e.g., Conditional Use Permit, Final Maps, Development Plans, Parcel Maps). In cases where a construction permit is required by Chapter 10 of the County Code, the Zoning Clearance is processed and issued as part of the construction permit application and approval process. Issuance of a Zoning Clearance may also enable the establishment of a land use or structure that does not require a construction permit but is still subject to the standards of this Development Code.

C.

Contents of application. An application for a Zoning Clearance shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

Review for compliance. The Director shall review the Zoning Clearance application for compliance with the Comprehensive Plan, including any applicable community or area plan, this Development Code, and other applicable conditions or regulations, including any discretionary approvals applicable to the site and issue, conditionally issue or deny the request. A Zoning Clearance shall not be issued by the Director until:

a.

All necessary prior approvals have been obtained;

b.

The Director has determined that the subject property is in compliance with all laws, regulations, and rules pertaining to zoning uses, subdivisions, setbacks, and any other applicable provisions of this Development Code, and if applicable, zoning violation enforcement and processing fees, as established from time to time by the Board, have been paid. This Subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures in compliance with Chapter 35.101 (Nonconforming Uses, Structures, and Lots).

2.

Decision not subject to appeal. The action of the Director to issue, conditionally issue or deny a Zoning Clearance, approve or deny a time extension to an issued Zoning Clearance, or approve or deny a minor change to an issued Zoning Clearance is final and not subject to appeal.

3.

Design Review required. A Zoning Clearance for any structure that requires Design Review shall not be issued until the structure receives final Design Review approval in compliance with Section 35.82.070 (Design Review).

4.

Development Plan required. Except for projects that only require the approval of a Zoning Clearance in compliance with Section 35.23.130 (Multi-family Residential - Orcutt), the approval of a Development Plan in compliance with Section 35.82.080 (Development Plans) shall be required before the issuance of any Zoning Clearance for a structure that is not otherwise required to have a discretionary permit and is 20,000 square feet or more of gross floor area or is an attached, or detached addition that, together with the existing structures on the lot will total 20,000 square feet or more of gross floor area.

5.

Zoning Clearance subject to resolution of the Board. If a Zoning Clearance is requested for property subject to a resolution of the Board initiating a Zoning Map Amendment or an Amendment to this Development Code, a Zoning Clearance shall not be issued or conditionally issued while the proceedings are pending on the amendment unless the proposed uses or structures will conform to both the existing zoning and existing provisions of this Development Code and amendment initiated by the Board unless a Conditional Use Permit was approved in compliance with Section 35.82.060 or Preliminary or Final Development Plan was approved in compliance with Section 35.82.080) before the adoption of the Board's resolution and the proposed uses and structures are in conformance with the approved Conditional Use Permit or Preliminary or Final Development Plan.

E.

Zoning Clearance expiration.

1.

A Zoning Clearance shall remain valid only as long as compliance with all applicable provisions of this Development Code and the Zoning Clearance conditions continues.

2.

A Zoning Clearance shall expire two years from the date of issuance if the use or structure for which the Zoning Clearance was issued has not been established or commenced in compliance with the issued Zoning Clearance unless a time extension is approved in compliance with Section 35.84.030 (Time Extensions).

F.

Minor changes to Zoning Clearances. Minor changes to an issued Zoning Clearance shall be allowed in compliance with Section 35.84.040 (Changes to an Approved Project).

G.

Zoning Clearance revocation. A Zoning Clearance issuance may be revoked or modified in compliance with Section 35.84.060 (Revocations).

This Chapter establishes procedures for depositing and releasing performance securities, revising approved or issued permits required by this Development Code and procedures for granting extensions of time.

A.

Deposit of financial assurances.

1.

As a condition of approval of a planning permit, the review authority may require the deposit of a financial assurance (aka security) in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of a planning permit in the event that the obligor fails to perform.

2.

The financial assurance shall be in the form of cash, surety/performance bond, trust fund (assignment of credit, certificate of deposit, passbook), irrevocable letter of credit, or other mechanism approved by the County.

3.

The financial assurance shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

B.

Payable to the County. Any financial assurance required in compliance with this Section shall be payable to the County.

C.

Satisfactory compliance. After satisfactory compliance with all applicable provisions of this Section, the financial assurance shall be released to the permittee.

D.

Failure to comply.

1.

Upon failure to perform any secured condition, the County may perform the condition, or cause it to be done, and may collect from the obligor, and surety in case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.

2.

Any unused portion of the financial assurance shall be refunded to the obligor after deduction of the cost of the work.

A.

Purpose and Intent. The purpose of this Section is to provide the procedures and findings for approval of Time Extensions that may be allowed in compliance with this Development Code.

B.

Applicability and filing. The provisions of this Section shall apply to all applications for Time Extensions. The application shall be submitted prior to the expiration of the permit that is the subject of the Time Extension request. However, final action by the County on the application may occur following the date that the permit would otherwise expire.

C.

Contents of application. An application for a Time Extension shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Processing.

1.

Conditional Use Permits and Minor Conditional Use Permits.

a.

Extension of permit approval. The review authority responsible for reviewing and making a decision on the Conditional Use Permit or Minor Conditional Use Permit in compliance with Table 8-1 (Review Authority) of Chapter 35.80 (Permit Application Filing and Processing) may extend the time limit in which the Land Use Permit or Zoning Clearance is required to be issued in compliance with Subsection 35.82.060.G.2 (Time limits and extensions) one time for good cause shown in compliance with the following:

(1)

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

(2)

Notice of the application shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings).

(3)

The review authority shall hold at least one noticed public hearing on the requested Time Extension, unless waived in compliance with Subsection D.7 (Waiver of public hearing) below, and approve, conditionally approve, or deny the request.

(4)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(5)

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

(6)

A Time Extension application shall be approved or conditionally approved only if the review authority first finds that applicable findings for approval required in compliance with Subsection 35.82.060.E (Findings required for approval of Conditional Use Permits other than Conditional Use Permit applications submitted in compliance with Chapter 35.38 (Sign Standards)) or Subsection 35.82.060.F (Findings required for approval of Conditional Use Permit applications submitted in compliance with Chapter 35.38 (Sign Standards)) that were made in conjunction with the initial approval of the Conditional Use Permit or Minor Conditional Use Permit can still be made.

b.

Discontinuance of Use. The review authority may extend the time limit that a Conditional Use Permit would become void and automatically revoked due to discontinuance of use in compliance with Subsection 35.82.060.G.3 (Conditional Use Permit void) one time for good cause shown in compliance with the following:

(1)

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

(2)

Notice of the application shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings).

(3)

The review authority shall hold at least one noticed public hearing on the requested Time Extension and approve, conditionally approve or deny the request.

(4)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(5)

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

2.

Development Plans (Preliminary and Final).

a.

Extension of permit approval. The review authority responsible for reviewing and making a decision on the Development Plan in compliance with Table 8-1 (Review Authority) of Chapter 35.80 (Permit Application Filing and Processing) may extend the expiration of the approved or conditionally approved Development Plan one time for 12 additional months for good cause shown in compliance with the following:

(1)

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

(2)

Except for applications for Time Extensions where the Director is the review authority, the review authority shall hold at least one noticed public hearing on the requested Time Extension, unless waived in compliance with Subsection D.7 (Waiver of public hearing), below, and approve, conditionally approve or deny the request.

(3)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(4)

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

(5)

A Time Extension application shall be approved or conditionally approved only if the review authority first finds that applicable findings for approval required in compliance with Subsection 35.82.080.E (Findings required for approval) that were made in conjunction with the initial approval of the Development Plan can still be made.

b.

Expiration. A Development Plan shall expire 12 months from the effective date of the extension or two years from the expiration date of the initial effective date of approval of the Development Plan, whichever occurs first.

3.

Land Use Permits. The Director may extend the expiration of an approved or conditionally approved, and an issued, Land Use Permit one time for 12 additional months for good cause shown in compliance with the following:

a.

Notice of the application shall be given in compliance with Section 35.106.075 (Time Extensions Under the Jurisdiction of the Director).

b.

The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

c.

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

d.

A Time Extension application shall be approved or conditionally approved only if the Director first finds that applicable findings for approval required in compliance with Subsection 35.82.110.E (Findings required for approval) that were made in conjunction with the initial approval of the Land Use Permit can still be made.

4.

Modifications. The Director may extend the approval of a Modification one time for 12 additional months for good cause shown in compliance with the following:

a.

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

b.

Notice of the application shall be given in compliance with Section 35.106.075 (Time Extensions Under the Jurisdiction of the Director).

c.

The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

d.

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

e.

A Time Extension application shall be approved or conditionally approved only if the Director first finds that the applicable findings for approval required in compliance with Subsection 35.82.130.E (Findings required for approval) that were made in conjunction with the initial approval of the Modification can still be made.

5.

Oil Drilling and Production Plan.

a.

Extension of permit approval. The review authority responsible for reviewing and making a decision on the Oil Drilling and Production Plan in compliance with Table 8-1 (Review Authority) of Chapter 35.80 (Permit Application Filing and Processing) may extend the expiration of the approved or conditionally approved Oil Drilling and Production Plan one time for 12 additional months for good cause shown in compliance with the following:

(1)

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

(2)

Except for applications for Time Extensions where the Director is the review authority, the review authority shall hold at least one noticed public hearing on the requested Time Extension, unless waived in compliance with Subsection D.7 (Waiver of public hearing), below, and approve, conditionally approve or deny the request.

(3)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

(4)

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

(5)

A Time Extension application shall be approved or conditionally approved only if the review authority first finds that applicable findings for approval required in compliance with Section 35.55.030 (Oil Drilling and Production - Findings for Oil Drilling and Production Plans) that were made in conjunction with the initial approval of the Oil Drilling and Production Plan can still be made.

b.

Expiration. An Oil Drilling and Production Plan shall expire 12 months from the effective date of the extension or two years from the expiration date of the initial effective date of approval of the Oil Drilling and Production Plan, whichever occurs first.

6.

Zoning Clearances. The Director may extend the expiration of an issued Zoning Clearance one time for 12 additional months for good cause shown in compliance with the following:

a.

An application for a time extension shall be filed with the Department at least 30 days before the expiration of the Zoning Clearance that is the subject of the Time Extension request.

b.

The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

c.

Prior to an action by the Director to approve or conditionally approve the application, the Director shall first determine that the requirements for the issuance of a Zoning Clearance required in compliance with Subsection 35.82.210.D.1 (Review for compliance) are still met.

d.

The action of the Director is final and is not subject to appeal.

7.

Waiver of public hearing. The requirement for a public hearing may be waived by the Director in compliance with the following requirements:

a.

Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice in compliance with Chapter 35.106 (Noticing and Public Hearings).

(1)

The notice shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal any action taken on the Time Extension application.

b.

A written request for public hearing is not received by the Department within the 15 working days immediately following the date the notice in compliance with Subsection D.7.a, above, is mailed.

c.

If the requirement for a public hearing is waived, then the Director shall be the review authority for the Time Extension application.

d.

A listing of Time Extension applications for which a notice that the public hearing may be waived has been mailed shall be provided on the next available Commission's hearing agenda following the mailing of the notice.

8.

Time extensions due to hardship related to COVID-19. In addition to the Time Extensions provided in Subsection D.1 through Subsection D.6, above, the Director may for good cause extend the expiration of a planning permit for one additional 24 month period in compliance with the following:

a.

The Director has determined that a Time Extension is necessary due to a hardship resulting from COVID-19 and/or the associated economic downturn.

b.

The application for the Time Extension is filed with the Department in compliance with the following:

(1)

The application shall be filed in compliance with Section 35.80.030 (Application Preparation and Filing).

(2)

The application shall be filed prior to the expiration of the planning permit that is the subject of the Time Extension request and before October 31, 2024 or when the COVID-19 provisions (Sections 35.84.040.A.1, 35.84.030.D.8, 35.84.040.F, 35.101.020.B.4, and 35.108.090.C) are terminated earlier by ordinance amendment.

c.

Notice of the application shall be given in compliance with Section 35.106.075 (Time Extensions Under the Jurisdiction of the Director).

d.

A Time Extension application shall be approved only if the Director first finds that applicable determination or findings for approval required in compliance with Chapter 35.82 (Permit Review and Decision) that were made in conjunction with the initial approval of the planning permit for which the Time Extension is requested can still be made.

e.

The action of the Director is final and not subject to appeal.

E.

Effect of expiration. After the expiration of a planning permit no further work shall be done on the site until a new planning permit and any required Building Permit or other County permits are first obtained.

(Ord. No. 5180, § 1, 5-16-2023)

Development or a new land use authorized through a planning permit granted in compliance with this Development Code shall be established only as approved by the review authority and in compliance with any conditions of approval, except where a change to the project is approved in the following manner. A change may be requested before, during or after construction or establishment and operation of the approved land use.

A.

Contents of application. An application for a change to an approved or issued planning permit shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

1.

Temporary suspension of compliance with the project description and/or conditions of approval to an approved project necessary to protect public health and effectively limit the spread of COVID-19 and/or to support economic recovery from the impacts of COVID-19, as detailed in Subsection F (Temporary suspension of compliance with the project description and/or conditions of approval to an approved project necessary to protect public health and/or to support economic recovery from the impacts of COVID-19), below, do not require submittal of an application, but do require submittal of a checklist and additional materials.

a.

Prior to implementation of the temporary changes, the owner/applicant may, and is encouraged to, submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary changes and how the requirements of Subsection 35.108.090.C.3 (Requirements) will be met.

b.

Within 30 days of implementing temporary changes to an approved project, the owner/applicant shall submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary changes and how the requirements of Subsection 35.108.090.C.3 (Requirements) have been met.

B.

Minor changes to Land Use Permits and Zoning Clearances. Minor changes to an approved or issued Land Use Permit, or issued Zoning Clearance, may be allowed; provided, the changes substantially conform to the approved or issued permit or clearance. A request shall be processed in the following manner:

1.

The Director may approve a minor change to an approved or issued Land Use Permit, or issued Zoning Clearance, subject to all of the following:

a.

The Director determines that the minor change substantially conforms to the approved plans and the originally approved or issued permit;

b.

There is no change in the use or scope of the development;

c.

The minor change does not result in a change to the Director's conclusions regarding the project's specific conformance to development standards and findings;

d.

The Land Use Permit or Zoning Clearance has not expired; and

e.

The minor change is exempt from Design Review in compliance with Section 35.82.070 (Design Review).

2.

Where a minor change of an approved or issued Land Use Permit, or issued Zoning Clearance, is approved, the permit or clearance shall have the same effective and expiration dates as the original permit or clearance and no additional public notice shall be required.

3.

Where it cannot be determined that the minor change materially conforms to an approved or issued Land Use Permit or issued Zoning Clearance in compliance with the above criteria, a new Land Use Permit or Zoning Clearance shall be required.

4.

The determination to allow a minor change to an approved or issued Land Use Permit, or issued Zoning Clearance, is final and not subject to appeal.

Note: Also refer to Appendix C (Guidelines for Minor Changes to Land Use Permits).

C.

Substantial Conformity Determinations. The Director may approve a minor change to an approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan, or Oil Drilling and Production Plan if the Director first determines, in compliance with the County's Substantial Conformity Determination Guidelines (see Appendix F), that the change is in substantial conformity with the approved permit.

1.

Contents of application. An application for a Substantial Conformity Determination shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

2.

Processing.

a.

The Director shall review the application for the Substantial Conformity Determination for compliance with the Comprehensive Plan including any applicable community or area plan, this Development Code, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing shall not be required before the Director takes action on the application for the Substantial Conformity Determination.

b.

The action of the Director is final and not subject to appeal.

c.

Notice of the application or pending decision on a Substantial Conformity Determination is not required.

3.

Land Use Permit required prior to commencement of development and/or use authorized by the Substantial Conformity Determination. Prior to the commencement of the development and/or use authorized by the Substantial Conformity Determination, the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) shall be required.

a.

Findings. The Land Use Permit shall be approved only if the Director first finds, in addition to the findings normally required for a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits), that the development and/or use authorized by the Substantial Conformity Determination substantially conforms to the previously approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan, or Oil Drilling and Production Plan.

D.

Amendments. Where the Director is unable to determine that a requested change to an approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan, or Oil Drilling and Production Plan, is in substantial conformity with the approved permit in compliance with Subsection C, above, the Director may instead amend a Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan, or Oil Drilling and Production Plan in compliance with the following.

1.

Contents of application. An application for an Amendment shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

2.

Area under review. The location within the project site that the subject of the application for the Amendment:

a.

Was analyzed for potential environmental impacts and policy consistency as part of the processing of the approved permit and an Addendum to the previous environmental document could be prepared in compliance with the California Environmental Quality Act; or

b.

Was not analyzed for potential environmental impacts and policy consistency as part of the processing of the approved permit, but the proposed new development could be found exempt from environmental review in compliance with the California Environmental Quality Act.

3.

Processing.

a.

The Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

b.

The Department shall refer the application to the Board of Architectural Review and the Subdivision/Development Review Committee for review and recommendations to the review authority. This requirement may be waived by the Director if the Director determines that the requirement is unnecessary.

c.

Notice shall be given in compliance with Section 35.106.020 (Notice of Public Hearing and Review Authority Action).

d.

The Director shall review the application for the Amendment for compliance with the Comprehensive Plan including any applicable community and area plan, this Development Code, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing shall not be required before the Director takes action on an application for an Amendment.

e.

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

f.

Findings. An application for an Amendment shall be approved or conditionally approved only if the Director first makes all of the following findings:

(1)

That the findings required for approval of the Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan, including any environmental review findings made in compliance with the California Environmental Quality Act, that were previously made when the Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan was initially approved are still applicable to the project with the addition of the development proposed by the application for the Amendment.

(2)

That the environmental impacts related to the development proposed by the application for the Amendment are determined to be substantially the same or less than those identified during the processing of the previously approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan.

4.

Zoning Clearance required prior to commencement of development and/or use authorized by an Amendment. Prior to the commencement of the development and/or use authorized by the Amendment, the issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be required.

E.

Revisions.

1.

A revised Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan shall be required for changes to an approved permit where the findings identified in Subsection D. (Amendments) above cannot be made and substantial conformity cannot be determined in compliance with Subsection C (Substantial Conformity Determinations).

2.

A revised permit shall be processed in the same manner as a new Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan, in compliance with Chapter 35.53 (Permit Requirements and Plan Applications, Processing, and Review), Chapter 35.56 (Oil/Gas Land Uses - Abandonment and Removal Procedures), Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) or Section 35.82.080 (Development Plans), as applicable.

3.

The approval by the review authority of a revised Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan shall automatically supersede any previously approved Conditional Use Permit, Demolition and Reclamation Permit, Final Development Plan or Oil Drilling and Production Plan upon the effective date of the revised permit.

F.

Temporary suspension of compliance with the project description and/or conditions of approval to an approved project necessary to protect public health and/or to support economic recovery from the impacts of COVID-19. For the time period specified in Subsection 35.108.090.C.1 (Temporary time period), approval of a Minor Change, Substantial Conformity Determination, Amendment, or Revision is not required for temporary changes to an approved project related to the standards in Section 35.108.090.C.2, below, that are necessary to protect public health and effectively limit the spread of COVID-19, and/or to support economic recovery from the impacts of COVID-19, and that comply with the standards set forth in Section 35.108.090.C.3, below.

G.

Minor Changes to Land Use Permits for Commercial Cannabis Cultivation. Minor changes to an approved Land Use Permit for commercial cannabis cultivation (outdoor, mixed-light, indoor, and nursery) in the AG-II, M-RP, M-1, and M-2 zones may be allowed. A request shall be processed in the following manner:

1.

The Director may approve a minor change to an approved Land Use Permit where the Director determines:

a.

The minor change is either environmentally beneficial (e.g., changes to improve the efficacy of odor control systems) or does not result in new, adverse environmental effects not analyzed or discussed at the time of project approval or in the need for additional mitigation measures;

b.

The minor change does not substantially deviate from the approved plans and the originally approved permit;

c.

There is no change in the use or scope of the development;

d.

The minor change does not result in a change to the Director's conclusions regarding the project's specific conformance to development standards and findings;

e.

The Land Use Permit has not expired; and

f.

The minor change is exempt from Design Review in compliance with Section 35.82.070 (Design Review).

2.

Where a minor change of an approved Land Use Permit is approved, the permit shall have the same effective and expiration dates as the original permit and no additional public notice shall be required.

3.

If the Director determines a proposed change to an approved Land Use Permit does not meet the above criteria, a new Conditional Use Permit shall be required.

4.

Determinations made pursuant to this subsection are not subject to Appendix C (Guidelines for Minor Changes to Land Use Permits) or Appendix F (Substantial Conformity Determination Guidelines).

5.

The determination to allow a minor change to an approved Land Use Permit for commercial cannabis cultivation is final and not subject to appeal.

(Ord. No. 5161, § 6, 8-16-2022)

An application shall not be accepted or acted upon if within the past 12 months an application has been made and denied by the County which covers substantially the same real property, and which requests approval of substantially the same project, unless the review authority allows the reapplication because of an express finding that one or more of the following factors applies:

A.

New evidence. New evidence potentially material to a revised decision is presented which was unavailable or unknown to the applicant at the previous hearing and which could not have been discovered in the exercise of reasonable diligence by the applicant.

B.

Substantial and permanent change of circumstances. There has been a substantial and permanent change of circumstances since the previous hearing which materially affects the applicant's real property.

C.

Mistake made at the previous hearing. A mistake was made at the previous hearing which was a material factor in the denial of the previous application.

This Section provides procedures for revocation or modification of issued Land Use Permits and Zoning Clearances and approved Conditional Use Permits and Minor Conditional Use Permits. The County's action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval.

A.

Revocation of Land Use Permits and Zoning Clearances. Issuance of a Land Use Permit or Zoning Clearance is contingent upon compliance with all conditions imposed as part of the project approval and with all applicable provisions of this Development Code. If it is determined that development activity is occurring in violation of any or all such conditions or provisions, the Director may revoke the permit or clearance and all authorization for development.

1.

Notification. Written notice of such Revocation shall be provided to the permittee.

2.

Appeal. The action of the Director to revoke a Land Use Permit or Zoning Clearance is final subject to appeal in compliance with Chapter 35.102 (Appeals).

3.

Reapplication. An application for a use for which a permit has been revoked pursuant to Section 35.42.035.D.6 (Small-scale Special Events), Section 35.42.134 (Farmstays), and Section 35.42.240.E.1 (Campgrounds), shall not be accepted or acted upon within the 12 months following the date of revocation of the permit.

B.

Conditional Use Permits. If the review authority who approved the Conditional Use Permit or Minor Conditional Use Permit determines that the permittee is not in compliance with one or more of the conditions of an approved Conditional Use Permit or Minor Conditional Use Permit, the review authority may revoke the Conditional Use Permit or Minor Conditional Use Permit, or direct the permittee to apply for an Amendment or Revision, in compliance with Subsection 35.84.040.D (Amendments) or Subsection 35.84.040.E (Revisions).

1.

Procedures.

a.

The review authority shall hold at least one noticed public hearing prior to revoking the Conditional Use Permit or Minor Conditional Use Permit or directing the applicant to apply for an Amendment or Revision in compliance with the provisions of this Development Code.

b.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

c.

The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

d.

Where the applicant has been directed to apply for an Amendment or Revision in compliance with Section 35.84.040 (Changes to an Approved Project) above, the review authority for the revocation shall also be the review authority for the required Amendment or Revision.

(Ord. No. 5226, § 15, 12-10-2024)

If the permit or other action in compliance with this Development Code is approved, the owner or applicant shall allow appropriate County officials access to the premises at all reasonable times in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.

The purpose and intent of this Chapter is to establish procedures and requirements for the review and approval of Development Agreements in compliance with Government Code Section 65864, et seq.

A.

Qualification as an applicant.

1.

Only a person who has legal or equitable interest in the real property that is the subject of a proposed Development Agreement, or their authorized agent may apply to the County for the approval of a Development Agreement.

2.

The Director may require an applicant to submit proof of their interest in the real property and of the authority of an agent to act for the applicant.

3.

Before processing the application, the Director shall obtain the opinion of the County Counsel as to the sufficiency of the applicant's interest in the real property to enter into the Agreement.

B.

Application contents.

1.

Forms and information. The Director shall prescribe the form for application, notice, and documents provided for or required under this Chapter for the preparation and implementation of a Development Agreement. The Director may require an applicant to submit information and supporting data as the Director considers necessary to process the application.

2.

Proposed form of Agreement. Each application shall be accompanied by a draft Development Agreement in the form required by the County.

3.

Fee. Each application for a Development Agreement shall include the processing fee deposit established by the Board's Fee Resolution.

C.

Application filing and processing. An application for a Development Agreement shall be filed and processed in compliance with Chapter 35.80 (Permit Application Filing and Processing).

A.

Notice of intention. The Director shall give notice of intention to consider adoption of a Development Agreement in addition to any other notice required by this Development Code for other actions to be considered concurrently with the Development Agreement. The notice shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

B.

Public hearings.

1.

Commission and Board hearings required. The Commission shall conduct at least one public hearing on a proposed Development Agreement before making a recommendation to the Board on the Agreement, and the Board shall conduct at least one hearing before making a decision on the application.

2.

Hearing notice. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings). Failure of any person entitled to notice required by law or this Development Code does not affect the authority of the County to enter into a Development Agreement.

A.

Commission recommendation. After a hearing, the Commission shall make its recommendation in writing to the Board. The recommendation shall include the Commission's findings and determination, and reasons for the determination, as to whether the Development Agreement proposed:

1.

Is consistent with the objectives, policies, general land uses, and programs specified in the Comprehensive Plan and any applicable Specific Plan.

2.

Provides that any tentative map which is included in the Development Agreement will comply with Government Code Section 66473.7 regarding water supply.

3.

Contains provisions for periodic review pursuant to Government Code Section 65854.1.

4.

Complies with Government Code Section 65865.2 as may be amended from time to time which states:

a.

The Development Agreement shall specify the following:

(1)

The duration of the Agreement;

(2)

The permitted uses of the property;

(3)

The density or intensity of use;

(4)

The maximum height and size of proposed buildings; and

(5)

Provisions for reservation or dedication of land for public purposes.

b.

The Development Agreement may include the following:

(1)

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the Agreement;

(2)

That construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time; and/or

(3)

Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

B.

Decision by the Board.

1.

Board's decision. After the Board completes its public hearing, it may approve, conditionally approve, or deny the Development Agreement.

2.

Referral to the Commission. The Board may, but need not, refer matters not previously considered by the Commission during its hearing back to the Commission for report and recommendation. The Commission may, but need not, hold a public hearing on matters referred back to it by the Board.

3.

Required findings. The Board shall not approve the Development Agreement unless it first makes the findings identified in Subsection A. (Commission recommendation) above.

C.

Approval of Development Agreement. The Board's approval of a Development Agreement shall be by the adoption of an ordinance. The Board may enter into the Agreement after the ordinance approving the Development Agreement takes effect.

A.

Initiation of amendment or cancellation. Either party to the Agreement may propose an amendment to or cancellation of an effective Development Agreement, in whole or in part.

B.

Procedure. The procedure for proposing and adopting an amendment to, or cancellation in whole or in part of a Development Agreement shall be the same as the procedure for entering into an Agreement as provided by this Chapter, except as otherwise provided in the Development Agreement.

A.

Time for recordation. Within 10 days after the County enters into the Development Agreement, the County Clerk shall record the Agreement with the County Recorder.

B.

Notice of amendment or cancellation. If the parties to the Agreement or their successors-in-interest amend or cancel the Agreement, or if the County terminates or modifies the Agreement for failure of the applicant to comply in good faith with the terms or conditions of the Agreement, the County Clerk shall record notice of the action with the County Recorder.

A.

Review required. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to annual County review during the full term of the Agreement. Appropriate fees to cover the County's costs to conduct the periodic reviews shall be collected from the applicant.

B.

Purpose of review. The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the Development Agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the County.

C.

Initiation of review. The applicant shall contact the Director to initiate the required periodic review no later than 60 days before the expiration of each 12 month period after the execution of the Development Agreement.

D.

Action based on non-compliance. If, as a result of periodic review the Board finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the Agreement, the Board may after a noticed public hearing in compliance with Chapter 35.106 (Noticing and Public Hearings), modify or terminate the Agreement.

A.

Proceedings upon modification or termination. If, upon a finding made under Subsection 35.86.070.D (Action based on non-compliance) above, the County determines to proceed with modification or termination of the Agreement, the County shall give notice to the property owner of its intention to do so. The notice shall contain:

1.

The time and place of the hearing;

2.

A statement as to whether or not and in what respects the County proposes to modify or terminate the Development Agreement; and

3.

Other information that the County considers necessary to inform the property owner of the nature of the proceeding.

B.

Hearing on modification or termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The decision of the Board shall be final.

A.

Purpose. The purpose of the Specific Plan is to allow for a more precise level of planning for an area than is ordinarily possible in the Comprehensive Plan, and to provide for a mixture of uses through comprehensive site planning. Specific plans recognize that one lot or a group of lots which may be in separate ownership are suitable for a specific use or combination of uses, and should be planned as a single unit to ensure protection of valuable resources and to allow maximum flexibility in site planning.

B.

Intent. This Section is intended to guide the preparation of Specific Plans in compliance with Government Code Sections 65450 et seq.

A Specific Plan shall be initiated in compliance with Government Code Section 65450 et seq.

If initiated by a property owner or authorized agent, an application for a Specific Plan shall be filed and processed in compliance with Chapter 35.80 (Permit Application Filing and Processing).

A.

Departmental processing of application. After receipt of the permit application, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

B.

Referral to the Subdivision/Development Review Committee. The Department shall refer the Specific Plan to the Subdivision/Development Review Committee for review and recommendation to the Commission.

C.

Public hearing required. The Commission shall hold at least one noticed public hearing on the Specific Plan. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

D.

Transmittal of Commission's recommendation to the Board.

1.

The Commission's recommendation on the Specific Plan shall be transmitted to the Board by resolution of the Commission carried by the affirmative votes of not less than a majority of its total voting members. A draft ordinance adopting the Specific Plan shall accompany the resolution.

2.

The resolution shall be accompanied by a statement of the Commission's reasons for the recommendation.

E.

Board public hearing required. The Board shall hold at least one noticed public hearing before adopting the proposed Specific Plan. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

F.

Site development plan required. A Specific Plan shall not be considered adopted until a site development plan, together with the required accompanying data, has been approved by an ordinance of the Board after consideration at a noticed public hearing following a recommendation by the Commission.

G.

Zoning consistency with Specific Plan required. At the time of adoption of the Specific Plan, the Board shall determine whether the existing zoning on the subject property is consistent with the Specific Plan. If the Board finds that it is inconsistent, then either the County or the proponent of the Specific Plan shall initiate a Zoning Map Amendment to bring the zoning of the subject property into conformance with the Specific Plan.

H.

Referral of changes or additions to the Commission. The Board shall not make any change or addition to any proposed Specific Plan recommended by the Commission until the proposed change or addition has been referred back to the Commission for a report and a copy of the report has been filed with the Board. Failure of the Commission to report back to the Board within 40 days after the referral, or a longer period as may be designated by the Board, shall be deemed to be approval of the proposed change or addition. It shall not be necessary for the Commission to hold a public hearing on the proposed change or addition.

I.

Final Development Plan required. No permits shall be issued for construction, erection, or occupancy of any structure, nor for grading, nor for any use of land which requires a Land Use Permit or Zoning Clearance, as applicable, until a Final Development Plan, as required under the applicable zone, has been approved in compliance with Section 35.82.080 (Development Plans).

J.

Action by the Board. The adoption of the Specific Plan shall be by ordinance in compliance with Government Code Section 65453.

K.

Amendments to Specific Plan. Amendments to the Specific Plan shall be processed in the same manner as specified for adoption of an original Specific Plan in compliance with this Section.

A Specific Plan shall be adopted only if all of the following findings are first made:

A.

The Specific Plan is in conformance with and will implement all applicable Comprehensive Plan policies and incorporates any other conditions specifically applicable to the lots that are identified in the plan.

B.

The Specific Plan will not be detrimental to the comfort, convenience, general welfare, health, and safety of the neighborhood.

C.

The Specific Plan will not adversely affect necessary community services (e.g., fire and police protection, sewage disposal, traffic circulation, water supply).

This Chapter establishes standards for the closure of a mobilehome park and addresses the impact of such closures upon the ability of displaced residents to find adequate housing in another mobilehome park. Mobilehome parks are an important source of affordable housing within Santa Barbara County. The purpose of this Chapter is to provide financial compensation and relocation assistance to displaced residents and provide mobilehome park owners with protection from unreasonable relocation costs, in compliance with Government Code Sections 65863.7 and 66427.4.

This Chapter applies to applications for the closure of conforming and nonconforming mobilehome parks. Reasons for closure may include conversion to another land use and/or financial considerations on the part of the park owner.

A.

A Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) shall be required in order for a mobilehome park closure to occur.

B.

The Commission shall be the review authority for the application for the Conditional Use Permit.

An application for a Conditional Use Permit required in compliance with Section 35.89.030 (Conditional Use Permit Requirements), above, shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing) and shall include all of the following, in addition to all information required in Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

A.

Closure Impact Report. A Closure Impact Report shall be prepared and submitted in compliance with Government Code Sections 65863.7 and 66427.4. The Closure Impact Report shall be prepared by an independent agent acceptable to the County and, at a minimum, shall include the following information:

1.

The number of mobilehomes that will be displaced by the proposed development and the number that will not be affected, and the age, size and condition of all mobilehomes in the park.

2.

The number of available vacant mobilehome spaces in existing mobilehome parks within a 25-mile radius of the mobilehome park for which closure is sought, the space rental rates and evidence of the willingness of those mobilehome park owners to receive some or all of the displaced mobilehomes.

3.

An estimate of the relocation cost considering all of the costs related to moving and installing the displaced mobilehomes on an available receiving site, providing rental subsidies, or purchasing the mobilehome unit as described in Section 35.89.070 (Conditions of Approval) below.

4.

For displaced residents, the household sizes, whether they own or rent the mobilehome, and the monthly rental rates (space rent and/or unit rental rate).

5.

The names, addresses and phone numbers of the Closure Impact Report consultants, mobilehome appraisers, mobilehome movers, and relocation counselors who the applicant might use. The professional credentials of these specialists shall be described, and all such specialists used during the project shall be acceptable to the County.

6.

A list of comparable alternative housing and/or replacement housing within a 25 mile radius that is currently available to displaced mobilehome park residents. The list shall include mobilehomes and housing units that are available for rent or for sale, both affordable and market-rate units.

The following special notice requirements are in addition to any notice that may be required in compliance with Chapter 35.106 (Noticing and Public Hearings). The applicant shall verify, to the satisfaction of the Director, that a good faith effort has been made to ensure that each park resident and mobilehome owner has received or will receive each of the following notices and documents. No hearing on a proposed mobilehome park closure shall be scheduled until the applicant has provided verification of the notification to the satisfaction of the Director.

A.

Notice of Intent. A "Notice of Intent" by applicant to convert or close the mobilehome park shall be sent by the applicant by certified mail at least 60 days prior to submittal of the Conditional Use Permit application to the County. After the "Notice of Intent" has been issued, the applicant shall inform all new or prospective residents and/or mobilehome owners that the applicant has requested County approval, or intends to request County approval, of a change of use or that a change of use request has been granted, in compliance with Civil Code Section 798.56(g).

B.

Closure Impact Report. A copy of the Closure Impact Report in compliance with Section 35.89.040 (Application Contents) at least 15 days before the scheduled hearing on the application for the Conditional Use Permit, in compliance with Government Code Sections 65863.7 and 66427.5.

C.

Written notice. A written notice, in addition to the public hearing notice required in compliance with Chapter 35.106 (Noticing and Public Hearings), at least 15 days before the scheduled hearing on the application for the Conditional Use Permit, informing residents that the applicant will be appearing before a local government board, commission, or body to request permits for a change of use of the mobilehome park, in compliance with Civil Code Section 798.56(g).

D.

Notice of termination of tenancy. In compliance with Civil Code Section 798(g), the applicant shall provide all residents proposed to be displaced and the owners of all mobilehomes proposed to be displaced a written "notice of termination of tenancy" that provides the affected residents or owners a minimum of six months notice to vacate following the effective date of the Conditional Use Permit, as "Effective Date of Permits" is defined in Section 35.82.020 (Effective Date of Permits). The said notice shall be sent by certified mail to each resident and mobilehome owner within the 10 calendar days following the effective date of the Conditional Use Permit as specified in Section 35.82.020 (Effective Date of Permits).

A.

The applicant shall conduct an informational meeting for the residents of the mobilehome park at least 10 days before the initial scheduled hearing on the application for the Conditional Use Permit regarding the proposed mobilehome park closure.

B.

The meeting shall be conducted on the premises of the mobilehome park, or other location acceptable to the County, and a County representative and the Relocation Counselor, as described in Subsection 35.89.070.B.1, shall be present.

C.

The meeting shall address the proposed mobilehome park closure, the closure application process, the contents of the Closure Impact Report, and proposed relocation assistance for displaced mobilehome owners and residents.

D.

All mobilehome park residents shall receive a written notice at least 10 days prior to the meeting. The notice shall specify the time, date, and location of the informational meeting and summarize the subject matter of the meeting which at a minimum shall address the requirements listed in Subsection C, above.

Approval of a Conditional Use Permit shall include reasonable conditions of approval in compliance with Government Code Section 65863.7, which shall not exceed the reasonable costs of relocation for displaced mobilehome park residents, and shall include, but not be limited to, the following measures:

A.

Relocation or sale. In compliance with Government Code Sections 65863.7 and 66427.4, the County shall apply measures to cover, but not exceed, the reasonable costs of relocation for displaced mobilehome park residents. Mobilehome owners who are not permanent residents are not eligible for relocation benefits. The Conditional Use Permit shall identify the options assigned to each displaced mobilehome occupant in a Relocation Plan, as follows:

1.

Relocation assistance for mobilehome owners whose homes can be relocated. The applicant shall comply with all of the following requirements as applicable for each mobilehome owner who is also a permanent resident.

a.

The applicant shall pay all costs related to moving the mobilehome, fixtures, and accessories to a comparable mobilehome park within 25 miles of the existing location. If no spaces within 25 miles are available, the mobilehome may also be moved to a mobilehome owner-approved receiving site as requested by the mobilehome owner at a cost to the applicant that does not exceed the costs of moving the mobilehome to a site within 25 miles. Fixtures and accessories include: decks, porches, stairs, access ramps, skirting, awnings, carports, garages and storage sheds. Relocation shall include all disassembly and moving costs, mobilehome set-up costs, utility hook-up fees, moving of mobilehome owner's possessions, any move-in deposit, any permitting fees (e.g., mobilehome permit, land use permit) and the reasonable housing expenses of displaced mobilehome residents for a period not exceeding 30 days (from the date of actual displacement until the date of occupancy at the new site) except where the County determines that extenuating circumstances prolong the moving period. The comparable mobilehome park, or mobilehome owner-approved receiving site, and the relocated mobilehome shall conform to all applicable federal, State, and County regulations. The mobilehome park or receiving site shall be available and willing to receive the mobilehome. The mobilehome park shall be a facility that is licensed and inspected by the California Department of Housing and Community Development.

b.

The applicant shall provide displaced mobilehome owners that qualify as permanent residents with the payment of a lump sum equal to the difference of rent between the old and new mobilehome park spaces for a period of 12 months, if the new rent exceeds the old rent.

2.

Relocation assistance for mobilehome owners whose homes cannot be relocated. In cases in which it is not feasible to relocate the mobilehome to a comparable mobilehome park, including cases in which the condition of the mobilehome is such that it cannot be safely relocated, cases in which the mobilehome does not meet minimum requirements to be accepted into another mobilehome park, or cases in which there are no available spaces at a mobilehome park within 25 miles, the applicant shall provide the following relocation assistance to each mobilehome owner who is also a permanent resident.

a.

The applicant shall be required to buy the mobilehome and pay the "in-place" sale value, which shall be the appraised fair market value as determined by a certified real estate appraiser who is acceptable to the County, utilizing principles applicable in mobilehome relocation matters. The appraised value shall be determined after consideration of relevant factors, including the value of the mobilehome in its current location, assuming continuation of the mobilehome park in a safe, sanitary, and well maintained condition; and

b.

Each displaced mobilehome household will receive a lump sum difference between current space rent and rent for a housing unit of a size appropriate, according to California Health and Safety Code Section 50052.5.(h), to accommodate the displaced household and that meets Department of Housing and Urban Development (HUD) Housing Quality Standards for a period of 12 months. For purposes of calculating a relocation payment, the rent differential shall not exceed the difference between the current space rent and the Fair Market Rent of a unit of a size appropriate to accommodate the displaced household as published annually by HUD. If the mobilehome owner sells their unit to a third party the mobilehome owner shall receive the proceeds from said sale and is also eligible for the aforementioned rent subsidy.

3.

Relocation assistance for non-mobilehome residents. For permanent residents whose residential units do not meet the definition of a mobilehome, the applicant shall pay all costs related to moving the unit, fixtures, and accessories to a resident-approved receiving site within 25 miles of the existing location, as requested by the resident. The applicant shall provide payment of a lump sum equal to the difference of rent between the old and new mobilehome park spaces for a period of 12 months, if the new rent exceeds the old rent. The applicant shall also pay the reasonable living expenses of displaced residents for a period not exceeding 30 days (from the date of actual displacement until the date of occupancy at the new site) except in cases in which the County determines that extenuating circumstances prolong the moving period. If the unit cannot be relocated, the applicant shall pay a sum equal to three months of the fair market rent for the area as determined by HUD pursuant to Section 1437f(c)(1) of Title 42 of the United States Code or seven thousand dollars, whichever is greater, to each such displaced household.

4.

Relocation assistance for mobilehome renters. The applicant shall pay a sum equal to three months of the fair market rent for the area as determined by HUD pursuant to Section 1437f(c)(1) of Title 42 of the United States Code or seven thousand dollars, whichever is greater, to each displaced renter household.

5.

Nothing contained herein precludes any mobilehome owner who is also a permanent resident of the park from selling his or her mobilehome to the applicant for an agreed upon price to be no less than the amount of relocation assistance described in Subsection 35.89.070.A.1 in exchange for waiver of payment of those benefits described in Subsection 35.89.070.A. Nothing contained herein shall require any mobilehome owner to agree to sell his or her mobilehome to the applicant or to waive receipt of relocation benefits.

6.

Nothing contained herein precludes the applicant and displaced mobilehome park residents who are also permanent residents of the park from agreeing on other mutually satisfactory relocation assistance in lieu of the assistance required in Subsection 35.89.070.A of this ordinance.

B.

Relocation plan. The Relocation Plan required in compliance with Subsection A, above, shall describe the relocation assistance to be provided for all permanent mobilehome park residents who will be displaced, whether they rent or own the occupied mobilehome unit. The plan shall describe the cost of relocation for each displaced mobilehome and/or household, identify the location of the new mobilehome space or replacement housing unit, the amount of financial assistance to be provided, and shall describe the time frame and steps that will be taken to complete the relocation. All real estate and financial transactions and all relocation activities shall be completed prior to termination of mobilehome park tenancy for each displaced household.

The plan shall identify all displaced mobilehomes to be sold to the applicant or a third party, or to be relocated for the mobilehome owner(s). The plan shall provide the purchase value of all mobilehomes to be sold including fixtures and accessories. The plan shall describe all relocation costs for displaced mobilehome park residents. Any disagreement between a mobilehome park resident and the applicant regarding relocation assistance or sales value shall be referred for non-binding arbitration to a professional arbitrator acceptable to the County and paid for by the applicant. Such disagreements must be submitted in writing to the applicant by the mobilehome park resident within 45 days after the mobilehome park resident has obtained a written notice describing what the mobilehome park the resident will receive.

1.

Relocation Counselor. Applicant shall offer to provide to all displaced mobilehome owners and residents the services of a Relocation Counselor, acceptable to the County, to provide information about the available housing resources and to assist with the selection of suitable relocation alternatives. Acceptable relocation alternatives include vacant mobilehome units and spaces, rental and ownership housing units, affordable and market-rate units. The Relocation Counselor shall be familiar with the region's housing market and qualified to assist residents to evaluate, select, and secure placement in the replacement housing, to arrange the moving of all of the household's personal property and belongings to the replacement housing, to render financial advice on qualifying for various housing types, to explain the range of housing alternatives available, and to gather and present adequate information as to available housing. The Relocation Counselor shall assist in the preparation and implementation of the Relocation Plan.

No later than 30 calendar days following the effective date of the Conditional Use Permit for the mobilehome park closure, the Relocation Counselor(s) shall make personal contact with each displaced resident of the mobilehome park and commence to determine the applicable relocation costs and assistance to be provided. The Relocation Counselor shall give to each person eligible to receive relocation assistance a written notice of his or her options for relocation assistance as determined by the Conditional Use Permit. The Relocation Counselor shall provide proof of contact and written notice with the mobilehome park residents by filing an affidavit attesting that fact with the Department.

A.

Whenever 25 percent or more of the total number of mobilehome sites within a mobilehome park that are occupied as of April 12, 2012 are uninhabited for more than 90 consecutive days, and such condition was not caused by a natural or physical disaster beyond the control of the mobilehome park owner, then such condition shall be deemed a "mobilehome park closure" for the purposes of this ordinance. The mobilehome park owner shall file an application for the mobilehome park closure, in compliance with the requirements of this Section. A mobilehome site is considered to be "uninhabited" when no rent is being paid for use of the site and for a period of 90 days or more it is either (i) unoccupied by a mobilehome, or (ii) occupied by a mobilehome in which no person resides.

B.

Whenever a mobilehome park resident or other interested person has reason to believe that 25 percent or more of the total number of mobilehome sites within a mobilehome park are uninhabited, as described in Subsection A, above, such resident or person may file a written statement to that effect with the Director. Upon receipt of such statement, the Director shall cause an investigation and inspection to be conducted to verify the accuracy of such statement. Upon completion of the investigation and inspection, the Director shall make a determination as to whether an unauthorized mobilehome park closure is underway.

C.

If the Director determines that an unauthorized mobilehome park closure is underway, the Director shall send a written notice by certified mail to the mobilehome park owner which describes the Director's determination and establishes a reasonable period of time by which the mobilehome park owner shall submit an application in compliance with this Section for the closure of a mobilehome park.

D.

Once the Director has determined whether an unauthorized mobilehome park closure is underway, a written notice that describes such determination shall be sent by the County to the mobilehome park owner, mobilehome park manager, the person(s) who filed the written statement in compliance with Subsection B, above, and to all the residents in the mobilehome park.

E.

The determination of the Director, in compliance with Subsection B, above, may be appealed by the person who filed the statement, by the mobilehome park owner, the mobilehome park manager, or by any other interested person within the 10 calendar days following the date of the notice of determination. All such appeals shall be submitted and processed in compliance with Chapter 35.102 (Appeals).

A.

Any person who files an application for a Conditional Use Permit for the closure of a mobilehome park may, simultaneous with and as part of the filing of such application, request an exemption from some or all of the relocation assistance requirements described above in Section 35.89.070 (Conditions of Approval). The request for the exemption, as described in Subsection 35.89.090.B, shall be processed in conjunction with the application for the Conditional Use Permit, and shall be distributed to each resident household and mobilehome owner at the time of application submittal.

1.

The applicant may request an exemption for one of the following reasons:

a.

That the requirement(s) for relocation assistance would eliminate substantially all reasonable economic use of the property.

b.

That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that mobilehome park closure or cessation of use of the property as a mobilehome park is necessary, and that such court has taken further action that would prohibit or preclude the payment of relocation assistance benefits, in whole or in part.

c.

That the relocation assistance required under Section 35.89.070 exceeds the reasonable costs of relocation for displaced mobilehome park residents, as proscribed by Government Code Section 65863.7(e)

B.

Any request for exemption submitted in compliance with Subsection 35.89.090.A.1 shall contain, at a minimum, the following information:

1.

Statements of profit and loss from the operations of the mobilehome park for the five-year period immediately preceding the date of the application of exemption, certified by a certified public accountant. All such statements shall be maintained in confidence to the extent permitted by the California Public Records Act.

2.

Report required.

a.

If the applicant contends that continued use of the property as a mobilehome park necessitates repairs and/or improvements that are not the result of the park owner or applicant's negligence or failure to properly maintain the said property, and that the costs thereof makes continuation of the mobilehome park economically infeasible, then a report shall be made and submitted, under penalty of perjury, by a civil engineer or general contractor licensed as such in compliance with the laws of the State of California.

1)

The report shall verify that such civil engineer or contractor has thoroughly inspected the entire mobilehome park and has determined that certain repairs and improvements must be made to the mobilehome park to maintain the mobilehome park in decent, safe and sanitary condition, and that those certain repairs are not the result of the mobilehome park owner or applicant's negligent failure to properly maintain the said property.

2)

The report shall describe the minimum period of time in which such improvements or repairs can be accomplished along with the estimated cost for the improvements and repairs. The anticipated costs or damages, if any, which may result if maintenance is deferred shall be identified separately. The report shall also describe any additional repairs or improvements that will be necessary for continuous upkeep and maintenance of the property.

3)

The report shall be referred to the California Department of Housing and Community Development for review and comment.

b.

If the Director requires an analysis of the information submitted by the civil engineer or general contractor, the Director may procure the services of another licensed civil engineer or general contractor to provide such written analysis, and all such costs shall be paid entirely by the applicant.

3.

An estimate of the total cost of relocation assistance which would be required in compliance with Section 35.89.070 (Conditions of Approval). This estimate shall be based on surveys, appraisals and reports, prepared to the County's satisfaction, that document the number of residents of the park who are able to relocate their mobilehomes and those who would sell their mobilehomes, and the costs related to providing the relocation assistance measures delineated in Section 35.89.070 (Conditions of Approval).

4.

If the proposed closure is due to conversion of the land to another use, an estimate of the value of the mobilehome park, if the park were permitted to be developed for the change of use proposed in the application for closure of the park, and an estimate of the value of said park, if use of the property as a mobilehome park is continued, are required. These estimates shall be prepared by a certified real estate appraiser who is acceptable to the County.

5.

Any other information which the applicant believes to be pertinent, or that may be required by the Director.

6.

Any request for exemption filed pursuant to Subsection 35.89.090.A.1.b., above, shall be accompanied by adequate documentation regarding the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of the said court.

C.

When making its determination as to whether to waive or modify a portion or all of any type of benefit that would otherwise be applicable, the Commission may take into account the financial history of the mobilehome park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of said park, the estimated costs of relocation, the fair market value of the property for any proposed alternative use, the fair market value of the property for continued use as a mobilehome park, and any other pertinent evidence requested or presented. The Commission shall expressly indicate in its decision any waiver and the extent thereof.

D.

Where a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of the use of said property as a mobilehome park is necessary, and such court has taken action which would prohibit or preclude payment of relocation benefits, whether in whole or in part, the Commission shall have the authority to waive all or a portion of any type of benefit to the extent necessary to comply with the judgment, order, or decree of the court.

E.

The action of the Commission to approve, conditionally approve, or deny the request for exemption is final, subject to appeal in compliance with Section 35.102 (Appeals).

A Conditional Use Permit for a mobilehome park closure may be approved or conditionally approved only if the Commission first finds, in addition to the findings required in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) that adequate measures to address the adverse impacts on the ability of displaced residents to find adequate housing in a mobilehome park, as described in Section 35.89.070, above, have to the maximum extent feasible, but not exceeding the reasonable costs of relocation, been taken without substantially eliminating reasonable economic use of the property.