Santa Barbara County Unincorporated
City Zoning Code

ARTICLE 35

10 - LAND USE AND DEVELOPMENT CODE ADMINISTRATION

35.100.010 - Purpose and Intent

The purpose of this Chapter is to describe the authority and responsibilities of the Board, Commission, Director, Zoning Administrator, Board of Architectural Review, Department, and County staff in the administration of this Development Code.

35.100.020 - Planning Agency Defined

As provided by Article V of Chapter 2 of the County Code, pursuant to the provisions of Section 65100 of the California Government Code, the Planning Agency for the County is established as follows:

The County Planning Commission, denoted as "Commission" within this Development Code, is designated to be the Planning Agency with the powers and duties as described in Section 35.100.040 (Commission) for the unincorporated portions of the County located outside of the Montecito Community Plan area.

35.100.030 - Board

The Board of Supervisors denoted as "Board" within this Development Code shall perform the duties and functions prescribed in this Development Code, which include the following:

Review authority on specified planning matters. Final decisions on Comprehensive Plan Amendments, Development Agreements, Development Code Amendments, Specific Plans and Amendments, Zoning Map Amendments, environmental documents associated with the preceding project types and other applicable policy or ordinance matters related to the County's planning process; and

Appeals. The review of appeals filed from Commission decisions.

The above listed functions shall be performed in compliance with Section 35.80.020 (Authority for Land Use and Zoning Decisions), Table 8-1 (Review Authority), and the California Environmental Quality Act.

35.100.040 - Commission

Appointment. The Commission shall be constituted in compliance with Article V of Chapter 2 of the County Code.

Duties and authority. The Commission shall perform the duties and functions prescribed by State law and this Development Code, including the following:

The review and approval, conditional approval or denial of development projects under the jurisdiction of the Commission as described in Table 8-1 (Review Authority); and

The making of recommendations to the Board for final decisions on Comprehensive Plan Amendments, Development Agreements, Development Code Amendments, Specific Plans and Amendments, Zoning Map Amendments, environmental documents associated with the preceding project types, and other applicable policy or ordinance matters related to the County's planning process.

35.100.050 - Zoning Administrator

Appointment. The Zoning Administrator shall be appointed in compliance with Article V of Chapter 2 of the County Code.

Duties and authority. The Zoning Administrator shall perform the duties and functions prescribed in this Development Code, including the review of development projects, in compliance with Section 35.80.020 (Authority for Land Use and Zoning Decisions), Table 8-1 (Review Authority), and the California Environmental Quality Act; and

35.100.060 - Director

Appointment. The Director shall be appointed by the County Board of Supervisors.

Duties and authority. The Director shall:

Have the responsibility to perform all of the functions designated by State law;

Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with Section 35.80.020 (Authority for Land Use and Zoning Decisions), Table 8-1 (Review Authority), State law (Government Code Section 65901 et seq.) and the California Environmental Quality Act;

Perform other responsibilities assigned by the Board and the Commission;

Appoint the Zoning Administrator; and

Delegate the responsibilities of the Director to Department staff under the supervision of the Director.

Responsibility of the Director. Wherever this Development Code makes reference to "staff" it is expressly understood that the staff is acting under the direction and control of the Director and that they report directly to the Director rather than the Commission or the Board.

35.100.070 - Boards of Architectural Review

Appointment. The Boards of Architectural Review shall be constituted in compliance with Article V of Chapter 2 of the County Code.

Duties and authority. The Boards of Architectural Review shall review all applicable project proposals in compliance with Section 35.82.070 (Design Review) and shall report their findings to the applicable review authority specified in Table 8-1 (Review Authority).

35.101.010 - Purpose and Intent

Purpose. This Chapter establishes uniform provisions for the regulation of nonconforming lots, structures, and uses of land and structures that were lawful before the adoption, amendment, or revision of this Development Code, or previously adopted County ordinances, but which would be prohibited, regulated, or restricted differently under the terms of this Development Code or future amendments.

Intent.

It is the intent of this Development Code, with limited specified exceptions, to:

Discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under the limited conditions outlined in this Chapter.

Prevent nonconforming uses and structures from being enlarged, expanded, or extended, or being used as grounds for adding other structures or uses prohibited by the zone in which the nonconformity is located.

Generally, this Chapter is intended to be administered in a manner which encourages the eventual abatement of these nonconformities.

35.101.020 - Nonconforming Uses of Land and Structures

A nonconforming use may be continued subject to the following provisions, so long as the use remains otherwise lawful.

Structural change.

Allowed enlargements, extensions, moving, reconstruction, or structural alterations. Except as listed below or otherwise provided in this Development Code, no existing structure devoted to a nonconforming use under this Development Code shall be enlarged, extended, moved, reconstructed, or structurally altered unless the use is changed to a use allowed in the zone in which it is located.

Seismic retrofits allowed. Seismic retrofits as defined in Article 35.11 (Glossary) in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements), may be allowed but shall be limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations).

Rehabilitation of dwellings. Existing structures devoted to a nonconforming residential use may be enlarged, extended, reconstructed, relocated, and/or structurally altered in compliance with Subsection F (Limited exceptions for certain nonconforming residential uses) below.

Normal maintenance and repair. Normal maintenance and repair may occur provided no structural alterations are made.

Historical landmarks. A structure that has been declared to be a historical landmark in compliance with a resolution of the Board may be enlarged, extended, reconstructed, relocated, and/or structurally altered provided the County Historical Landmarks Advisory Commission has reviewed and approved the proposed structural alterations and has determined that the proposed structural alterations will help to preserve and maintain the landmark in the long-term.

Accessory to a conforming use. No structure accessory to a nonconforming use under this Development Code shall be enlarged, erected, or extended unless the structure is also accessory to a conforming use.

Expansion or extension.

An existing nonconforming use may be extended throughout or relocated within an existing structure; provided, no structural alterations are made except those required by law or ordinance (e.g., Building Code regulations).

No existing nonconforming use shall be extended to occupy any land outside of the structure.

No existing nonconforming use of land outside structures, or not involving structures, shall be enlarged, extended, or increased to occupy a greater area of land than was occupied at the time the use became nonconforming, or moved to any portion of the lot not currently occupied by the nonconforming use.

In order to protect public health and support the reopening of the Santa Barbara County in a manner that effectively limits the spread of COVID-19 by allowing for the use of outdoor areas to ensure that physical distancing and/or other public health requirements can be met and to provide other forms of relief to support economic recovery from the impacts of COVID-19, the following provisions apply for the temporary time period specified below and take precedence over subsections 1, 2, and 3 included above, if the below provisions are applicable to a particular nonconforming use.

Temporary time period. This provision shall take effect on June 16, 2020 and shall expire the earlier of 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 by ordinance amendment.

Development standards. For nonconforming uses, this section authorizes the temporary expansion or extension of a nonconforming use related to the following standards provided the requirements of Subsection B.4.c, below, are met:

Setbacks.

ii.

Site coverage maximums.

iii.

Minimum open space.

iv.

Parking and loading standards.

Signs.

vi.

The requirement that uses shall occur within a completely enclosed building.

vii.

Limitations on food service at wineries and tasting rooms.

viii.

Restrictions on uses in the right of way.

ix.

Other development standards as determined to be necessary by the Director for the protection of public health related to COVID-19 and/or to support economic recovery from the impacts of COVID-19.

Requirements. To be eligible for this temporary expansion or extension, all of the following requirements must be met:

The temporary expansion or extension of aspects of the nonconforming use related to development standards listed in Subsection B.4.b, above, are necessary to ensure physical distancing, comply with other public health requirements put in place by federal, State, or local public health officials to limit the spread of COVID-19, and/or to support economic recovery from the impacts of COVID-19.

ii.

The owner/applicant must follow all applicable State and local directives regarding reopening of businesses or community entities during the COVID-19 pandemic response, including certification or attestation and COVID-19 protection plan. Public health restrictions related to COVID-19 are subject to rapid change and nothing in this Subsection B.4 is intended, nor shall it be construed, to allow nonconforming uses to operate in violation of any federal, State, or local public health orders, rules, or regulations.

iii.

Any State or local permit or approval required by regulations other than this Development Code is obtained (e.g., a business purposes encroachment permit, health permit, alcoholic beverage control license, fire department authorization).

iv.

The nonconforming use is non-residential.

The expansion or extension of the nonconforming use does not occur within environmentally sensitive habitat. No native vegetation or environmentally sensitive habitat would be removed to accommodate the use of outdoor areas.

vi.

No permanent structures are proposed, constructed, or erected (temporary coverings, such as canopies or umbrellas, to shade occupants from the sun and/or weather are allowed).

Submittal of Checklist.

Prior to implementation of the temporary expansion or extension, the owner/applicant may, and is encouraged to, submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary expansion or extension and how the requirements of Subsection 35.101.020.B.4.c (Requirements) will be met.

ii.

Within 30 days of implementing a temporary expansion or extension, the owner/applicant shall submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary expansion or extension and how the requirements of Subsection 35.101.020.B.4.c (Requirements) have been met.

Enforcement.

If a completed checklist, revised site plan, photos, and description of proposal are not submitted pursuant to Subsection B.4.d, or upon submittal the Director determines, in the Director's sole discretion, that the requirements of Subsection B.4.c, above, are not satisfied, the Director may notify the owner/applicant that the suspension of compliance to protect public health and/or to support economic recovery from the impacts of COVID-19 are not applicable and the Director may initiate enforcement action. The Director's action is not subject to appeal.

ii.

If a completed checklist, revised site plan, photos, and description of proposal are submitted pursuant to Section B.4.d and the requirements of Subsection B.4.c, above, are met, as determined in the sole discretion of the Director, the temporary expansion and/or extension of the nonconforming use shall not constitute a violation subject to penalties, for the time period specified in Subsection B.4.a, above. The Director's action is not subject to appeal.

Allowed changes of use. A nonconforming use may only be changed to a conforming use.

Abandonment/discontinuance. A nonconforming use that is discontinued for a continuous period of at least 12 consecutive months shall be considered to be abandoned and the rights to continue the nonconforming use shall terminate. If a nonconforming use is abandoned, any future use shall comply with the provisions of the zone in which the use is located.

Damage. This Section identifies the standards for allowing the continuation of a nonconforming use in a structure or other development that is damaged or destroyed by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of property on which the nonconforming use occurs.

Non-residential uses.

Damage 75 percent or more. If structure or other development dedicated to a non-residential nonconforming use is damaged by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of property on which the nonconforming use occurs to an extent of 75 percent or more of the replacement cost of the total structure before the damage, as determined by the Director, then the nonconforming use shall be discontinued and the damaged structure or other development thereafter used only in compliance with regulations of the zone in which it is located, unless allowed to continue by the Zoning Administrator, in compliance with Section 35.82.100 (Hardship Determinations).

Damage less than 75 percent.

(1)

Except as provided below in Subsection E.1.b.(2), If the damage caused by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of property on which the nonconforming use occurs is less than 75 percent of the replacement cost of the total structure before the damage, as determined by the Director, the structure or other developments may be restored to the same or lesser size and in the same general footprint location.

(2)

Damage caused by debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features. If the damage caused by debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) of the lot on which the nonconforming use occurs is less than 75 percent of the replacement cost of the total structure before the damage, as determined by the Director, then:

(a)

The restored or replaced structure may be relocated on the lot as necessary to comply with applicable setbacks from top-of-bank and to reduce flood hazards, as long as the structure complies with the setback requirements of the applicable zone and with the applicable policies of the Comprehensive Plan.

(b)

Notwithstanding the height measurement methodology contained in Subsection 35.30.090.C, the height of the structure may exceed the height of the destroyed or damaged structure if necessary to comply with the base flood elevation that exists for the lot following a debris flow or other catastrophic event, as long as the structure complies with the height requirements of the applicable zone. However, the height of the structure as measured from the lowest, finished floor to the highest part of the structure, excluding chimneys, vents and noncommercial antennas, shall not exceed the equivalent height of the damaged or destroyed structure.

(3)

The nonconforming use may be resumed and continued as before, or on a lesser scale, but shall not be enlarged or intensified.

Residential uses.

Except in industrial zones, and as provided in Subsection E.2.b, below, structures dedicated to nonconforming residential dwelling uses (e.g., one-family, two-family, and multi-family units, and second residential units), that are damaged or destroyed by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of property on which the nonconforming use occurs, may be reconstructed to the same or lesser size and in the same general footprint location.

Damage caused by debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features. If the structure is damaged or destroyed by a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features, then:

(1)

The restored or replaced structure may be relocated on the lot if necessary to comply with applicable setbacks from top-of-bank and to reduce flood hazards, as long as the structure complies with the setback requirements of the applicable zone and with the applicable policies of the Comprehensive Plan.

(2)

The nonconforming residential dwelling use may be resumed and continued as before, or on a lesser scale, but shall not be enlarged, expanded, or intensified (e.g., increase in gross floor area, increase in the number of bedrooms). If the structure dedicated to a nonconforming residential dwelling use is located in an industrial zone, the damage standards of Subsection E. 1 (Non-residential uses) above, shall apply.

Reconstruction shall commence within 24 months. The restoration of a nonconforming use allowed in compliance with Subsection E.1 (Non-residential uses) and Subsection E.2 (Residential uses) above, shall commence within 24 months of the time of damage and be diligently carried out to completion.

The 24-month time limit may be extended by the Director for a maximum of 12 months for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Department before the expiration of the 24-month period.

If the restoration of the nonconforming use does not commence within 24 months or the extended time period that may be granted by the Director, it shall not be restored except in full compliance with the applicable zone regulations and other provisions of this Development Code.

Applicability of permit requirements.

Exempt from the Development Code permit requirements.

(1)

Except as provided in Subsection E.4.a.(2), below, the restoration or reconstruction of a structure or other development dedicated to a nonconforming use that is damaged or destroyed by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of property on which the nonconforming use occurs shall be exempt from the permit requirements of this Development Code only if the structure or other development complies with the provisions of this Chapter and if the structure or other development conforms to the specifications documented to exist before the damage or destruction, as determined by the Director.

(2)

The relocation of a structure and/or a change to its finished floor elevation following a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features may be allowed if the Director, in consultation with the Flood Control District, determines the relocation or change in the finished floor elevation to be necessary to comply with applicable setbacks from top-of-bank and to reduce flood hazards, and the structure complies with the provisions of this Chapter and applicable policies of the Comprehensive Plan.

(3)

Full compliance with applicable Building Code provisions is still required.

Design Review required. Except as provided in Subsection E.4.b.(1), below, if the Director determines that the exterior design or specifications are proposed to be changed or the footprint of the structure is relocated, then the replaced or restored structure shall be subject to the provisions of Section 35.82.070 (Design Review), if otherwise subject to review (e.g., the site is subject to Section 35.28.080 (Design Review (D) Overlay Zone), the project is subject to Section 35.62.040 (Ridgeline and Hillside Development Standards)) in compliance with this Development Code.

(1)

If a structure has been 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 located on or affecting the lot on which the replaced or restored structure would be located, the restored or replaced structure, even if relocated on the lot or increased in height, shall not require Design Review 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. If the structure is otherwise exempt from requiring a planning permit but requires Design Review, the structure shall receive preliminary and final design review approval before an exemption is issued.

Subject to Development Code permit requirements. Except as allowed herein, if the structure or other development is proposed to be altered from the original specifications, as determined by the Director, then the reconstruction or restoration shall be subject to all applicable permit requirements of this Development Code.

Sites within the Toro Canyon Plan Area. The following shall apply to nonconforming uses located within the Toro Canyon Plan Area.

(1)

The replacement or re-establishment of nonconforming uses are subject to the regulations of the Toro Canyon Plan and this Development Code only to the extent that some type of permit may be required by this Development Code. Any permit may be approved only in compliance with the regulations of the Toro Canyon Plan and this Development Code.

(2)

Nonconforming uses located within nonconforming structures located on a bluff top or on the beach may not be increased or expanded into additional locations or structures.

Limited exceptions for certain nonconforming residential uses. Existing structures devoted to a nonconforming residential use may be enlarged, extended, reconstructed, relocated, and/or structurally altered, subject to the following criteria:

The site is within a zone which allows residential use as an allowed use requiring only a Land Use Permit.

On any lot, only one existing structure devoted to a nonconforming residential use may be enlarged, extended, moved, reconstructed, and/or structurally altered.

No enlargements shall result in a structure devoted to a nonconforming residential use that exceeds 1,200 square feet of gross floor area and no enlargements shall be allowed to any structure which has a current legal nonconforming residential gross floor area of 1,200 square feet or more.

No enlargement, extension, reconstruction, relocation, or structural alteration shall exceed the height of, or protrude higher than, the highest point of, the existing structure.

The structure shall comply with all applicable building, electrical, fire, mechanical, and plumbing codes, and shall not compromise the adequate performance of any existing water system or liquid waste disposal (e.g., septic) system, as determined to the satisfaction of the County Public Health Department.

Any enlargement, extension, reconstruction, relocation, or structural alteration shall comply with all height, lot coverage, parking, setback, and other requirements of the zone in which the structure is located.

Limited exception determinations for certain nonconforming industrial uses.

Process and findings required. Improvements comprising minor enlargements, expansions, extensions, or structural alterations of a structure dedicated to an industrial, public works, or energy-related nonconforming use may be allowed, subject to the following process and findings.

Requirement for limited exception determination. The review authority shall approve a Limited Exception Determination in compliance with Section 35.82.120 (Limited Exception Determinations) before the approval of any permit in compliance with Section 35.82.110 (Land Use Permits) to allow minor enlargements, expansions, extensions, or structural alterations.

Where a discretionary permit has not been previously approved for the existing nonconforming industrial use, appropriate non-discretionary permits may be issued after a Limited Exception Determination has been approved in compliance with Section 35.82.120 (Limited Exception Determinations).

Where a discretionary permit has previously been approved, changes to that permit may be made in compliance with this Development Code and the appropriate non-discretionary permits may be issued after a Limited Exception Determination has been approved in compliance with Section 35.82.120 (Limited Exception Determinations).

Parking. If a use is nonconforming solely with respect to existing parking standards, the structure devoted to the use may be altered but the use may not be expanded, extended, or intensified in a manner that would increase the required number of off-street parking spaces in compliance with Chapter 35.36 (Parking and Loading Standards) unless:

The use is brought into compliance with the requirements of Chapter 35.36 (Parking and Loading Standards); or

A modification to the parking requirements has been approved.

(Ord. No. 5180, § 2, 5-16-2023)

35.101.030 - Nonconforming Structures

A structure that is conforming as to use but nonconforming as to height, lot coverage, setbacks, or other requirements concerning the structure may remain so long as it is otherwise lawful, subject to the following provisions.

Structural change, expansion, or extension.

Enlargements or extensions allowed in limited circumstances.

Except as listed in Subsection A.1.b (Allowed structural alterations), below or otherwise provided in this Development Code, a nonconforming structure shall not be enlarged, extended, moved, or structurally altered unless the enlargement, extension, etc., complies with the height, lot coverage, setback, and other requirements of this Development Code.

Allowed structural alterations.

(1)

Seismic retrofits allowed. Seismic retrofits as defined in Article 35.11 (Glossary) and in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements) may be allowed but shall be limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations).

(2)

Normal maintenance and repair. Normal maintenance and repair may occur provided no structural alterations are made.

(3)

(4)

Conforming residential uses and residential accessory uses. A nonconforming structure that is devoted to a conforming residential use or that is normally or historically accessory to the primary residential use may be structurally altered in a manner that is not otherwise allowed in compliance with Subsection A.1.a, above, provided that the alteration does not result in a structure that extends beyond the existing exterior, and, for structures that are 50 years old or greater, the Director determines that the alteration will not result in a detrimental effect on any potential historical significance of the structure.

(5)

Accessory dwelling units and junior accessory dwelling units. A nonconforming structure may be enlarged, extended, or structurally altered to convert the structure into an accessory dwelling unit or junior accessory dwelling unit provided that the accessory dwelling unit or junior accessory dwelling unit complies with Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

Permit required. The issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) is required prior to the commencement of any structural alteration allowed in compliance with Subsections A.1.a or A.1.b, above, unless the alteration is determined to be exempt in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements).

Accessory living quarters. No living quarters may be extended into an accessory structure located in the required front, side, or rear setbacks by any addition or enlargement.

Loss of nonconforming status.

A nonconforming structure that is enlarged, extended, moved, reconstructed, or structurally altered in violation of Subsection A.1, above, shall no longer be considered to be nonconforming and the rights to continue the nonconforming structure shall terminate unless the enlargement, extension, moving, reconstruction, or structural alteration is specifically allowed by this Development Code.

If the rights to continue the nonconforming structure are terminated then the structure shall either be demolished or altered so that the structure may be considered a conforming structure. Failure by the owner to either demolish the structure or alter the structure so that it may be considered a conforming structure shall be considered a violation of this Article and subject to enforcement and penalties in compliance with Chapter 35.108 (Enforcement and Penalties).

Damage. This Section identifies the standards for allowing the reconstruction or restoration of a nonconforming structure that is damaged by earthquake, fire, flood, vandalism or other calamity beyond the control of the owner of the structure.

One-family dwellings. Nonconforming one-family dwellings that are damaged or destroyed by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of the structure may be reconstructed to the same or lesser size in the same general footprint location except that if a nonconforming structure is damaged by 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.), then:

Structures other than one-family dwellings.

Damage 75 percent or more.

(1)

Except as provided below in Subsection B.2.a.(3), if a nonconforming structure, other than a one-family dwelling, is damaged by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of the structure to an extent of 75 percent or more of the replacement cost of the total structure before the damage, as determined by the Director, then the structure may not be reconstructed unless allowed by the Zoning Administrator, in compliance with Section 35.82.100 (Hardship Determinations).

(2)

If the damaged nonconforming structure is accessory to a primary structure and there is substantial question regarding the extent of damage, as determined by the Director, the Zoning Administrator shall first find, in compliance with Section 35.82.140 (Nonconforming Status and Extent of Damage Determination) that the structure is nonconforming and shall determine the extent of damage.

(3)

Damage caused by debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features. If a nonconforming structure is damaged by a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features, then:

(a)

(b)

Damage less than 75 percent.

(1)

Except as provided below in Subsection B.2.b.(2),where a nonconforming structure, other than a one-family dwelling, is damaged by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of the structure to an extent of less than 75 percent of the replacement cost of the total structure before the damage, as determined by the Director, the structure may be reconstructed to the same or lesser size in the same general footprint location.

(2)

(a)

(b)

(3)

If the damaged nonconforming structure is accessory to a primary structure, notice of the potential reconstruction shall be given in compliance with Section 35.106.020 (Notice of Public Hearing and Review Authority Action). If a request for public hearing is received by the Department within the applicable period of time, then the reconstruction of the accessory structure shall not commence unless the Zoning Administrator first finds, in compliance with Section 35.82.140 (Nonconforming Status and Extent of Damage Determination) that the structure is nonconforming and that the extent of damage is less than 75 percent.

Sites within the Mission Canyon Community Plan area or the Toro Canyon Plan Area. Notwithstanding the above, the following standards apply to nonconforming structures on lots located within the Mission Canyon Community Plan area or the Toro Canyon Area Plan area. In case of a conflict, the standards of this Subsection B.3 shall take precedence.

The following shall apply to the repair or reconstruction of nonconforming structures.

(1)

Residential structures.

(a)

A residential structure that is damaged or destroyed by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of the structure may be reconstructed to the same or lesser size on the same site and in the same general footprint location except that if a nonconforming structure is damaged by a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features, then the restored or replaced structure may be relocated on the lot if the Director, in consultation with the Flood Control District, determines the relocation and/or change in the finished floor elevation to be necessary in order to comply with applicable setbacks from top-of-bank and to reduce flood hazards, and the structure complies with the provisions of this Chapter and applicable policies of the Comprehensive Plan.

(b)

A residential structure that is nonconforming solely due to any policy, development standard, or zoning regulation first applied and adopted under the applicable Plan that requires partial or complete reconstruction or structural repair due to normal wear-and-tear (e.g., structural pest damage or dry rot) may be reconstructed or repaired to the same or lesser size on the same site and in the same general footprint location.

(c)

A residential structure that is nonconforming solely due to its location within an Environmentally Sensitive Habitat area or Environmentally Sensitive Habitat buffer area may be expanded upward, or outward and away from the Environmentally Sensitive Habitat area, consistent with Development Standards BIO-MC-3.8 of the Mission Canyon Community Plan or BIO-TC-7.5 and BIO-TC-7.8 of the Toro Canyon Plan, and in a manner that otherwise complies with the regulations of the applicable Plan and this Development Code.

(d)

For the purpose of this Subsection, "residential structure" shall mean primary dwellings, accessory dwelling units, junior accessory dwelling units, agricultural employee dwellings, farmworker dwelling units, farmworker housing complexes, guesthouses, and all attached appurtenances (e.g., garages and storage rooms) that share at least one common wall with the residential structure. One detached private garage structure may be included within the meaning of "residential structure" in compliance with Section 35.82.140 (Nonconforming Status and Extent of Damage Determination).

(2)

Non-residential agricultural support structures.

(a)

A nonconforming agricultural support structure that is damaged by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of the structure may be reconstructed to the same or lesser size on the same site and in the same general footprint location except that if a nonconforming agricultural support structure is damaged by a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features, then:

(b)

An agricultural support structure that is nonconforming solely due to any policy, development standard, or zoning regulation first applied and adopted under the applicable Plan which require partial or complete reconstruction or structural repair due to normal wear-and-tear (e.g., structural pest damage or dry rot) may be reconstructed or repaired to the same or lesser size on the same site and in the same general footprint location.

(c)

Expansion of nonconforming agricultural support structures located within Environmentally Sensitive Habitat areas or Environmentally Sensitive Habitat buffer areas: Any agricultural support structure that is nonconforming solely due to its location within an Environmentally Sensitive Habitat area or Environmentally Sensitive Habitat buffer area may be expanded upward, or outward and away from the Environmentally Sensitive Habitat area, consistent with Development Standards BIO-MC-3.8 of the Mission Canyon Community Plan or BIO-TC-7.5 and BIO-TC-7.8 of the Toro Canyon Plan and in a manner that otherwise conforms with the regulations of the applicable Plan and this Development Code.

(d)

For the purpose of this Subsection, "agricultural support structure" shall mean any structure that is essential to the support of agricultural production on agriculturally-zoned property.

(3)

Non-residential structures, not including agricultural support structures.

(a)

A nonconforming non-residential structure that is damaged by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of the structure to an extent of 75 percent or more of the replacement cost of the total structure before the damage, as determined by the Director, may be reconstructed to the same or lesser size on the same site and in the same general footprint location, provided that the reconstruction complies with the regulations of the applicable Plan and this Development Code to the maximum extent feasible, and if allowed by the review authority in compliance with Section 35.82.100 (Hardship Determinations). If a nonconforming non-residential structure is damaged by a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features, then:

(b)

A nonconforming non-residential structure that requires partial or complete reconstruction or structural repair due to normal wear-and-tear (e.g., structural pest damage or dry rot) may be reconstructed or structurally repaired to the same or lesser size on the same site and in the same general footprint location, provided that the repair or reconstruction conforms with the regulations of the applicable Plan and this Development Code to the maximum extent feasible and if allowed by the review authority in compliance with Section 35.82.100 (Hardship Determinations).

(c)

A structure that is nonconforming solely due to its location within a front, rear, or side setback area, due to any increase in the setback area that resulted from a change of zone adopted with the applicable Plan may be enlarged or expanded in a manner that does not further encroach into any setback area and otherwise complies with the regulations of the applicable Plan and this Development Code.

Reconstruction shall commence within 24 months.

The reconstruction or restoration of a nonconforming structure that is required due to damage by earthquake, fire, flood, vandalism, or other calamity beyond the control of the owner of the structure shall commence within 24 months of the time of damage and be diligently carried out to completion.

Within the applicable Plan area, reconstruction or structural repair required due to normal wear and tear (e.g., structural pest damage or dry rot) as allowed above shall commence within 24 months of the time of the owner's first documented discovery of the need for reconstruction or repair, and shall be diligently carried out to completion.

The 24-month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Department before the expiration of the 24-month time period.

If the reconstruction or restoration of the structure does not commence within 24 months or the extended time period that may be granted by the Director, it shall not be restored except in full compliance with the applicable zone regulations and other provisions of this Development Code.

(1)

Within the Mission Canyon Community Plan area, where the reconstruction or structural repair of a non-historic structure allowed above does not commence within the specified 24 months or the extended time period that may be granted by the Director, the structure shall not be reconstructed or repaired except in full compliance with the regulations of the Mission Canyon Community Plan.

(2)

Within the Toro Canyon Plan Area, where the reconstruction or structural repair allowed above does not commence within the specified 24 months or the extended time period that may be granted by the Director, the structure shall not be reconstructed or repaired except in full compliance with the regulations of the Toro Canyon Plan.

Applicability of permit requirements.

Exempt from Development Code permit requirements.

(1)

Except as provided in Subsection B.5.a.(2), below, the restoration of a nonconforming structure that is damaged by earthquake, fire, flood, vandalism or other calamity beyond the control of the owner of the structure shall be exempt from the permit requirements of this Development Code only if the structure complies with the provisions of this Section and if the structure conforms to the specifications documented to exist before the damage or destruction, as determined by the Director.

(2)

(3)

Full compliance with applicable Building Code provisions is still required.

Design Review required. Except as provided in Subsection B.5.b.(1), below, if the Director determines that the exterior design or specifications are proposed to be changed or the footprint of the structure is relocated, the restored structure shall be subject to the provisions of Section 35.82.070 (Design Review) if otherwise subject to review (e.g., the site is subject to Section 35.28.080 (Design Review (D) Overlay Zone), the project is subject to Section 35.62.040 (Ridgeline and Hillside Development Standards)) in compliance with this Development Code.

(1)

Subject to Development Code permit requirements. Except as allowed herein, if the structure is proposed to be altered from the original specifications, as determined by the Director, then the restoration shall be subject to all applicable permit requirements of this Development Code.

35.101.040 - Construction in Progress

Chapter shall not require changes. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun before the effective date of adoption or any amendment of this Development Code rendering the structure or its use nonconforming and upon which actual construction has been carried on diligently.

Construction defined. Actual construction is defined to mean the placing of construction materials in permanent position and fastened in a permanent manner.

35.101.050 - Termination of Nonconforming Uses

In addition to the provisions for termination of certain nonconforming uses contained elsewhere in this Chapter, any nonconforming use or uses of either land or structures or both may be ordered terminated by the Board, after a public hearing, as provided in Section 35.101.070 (Termination Procedures), below, if one or more of the three following conditions is found to apply to any nonconforming use.

Improvements can be used only for those uses allowed in the zone. The condition of the improvements, if any, on the property exist in a manner that to require the property to be used only for those uses allowed in the zone where it is located would not impair the constitutional rights of any person;

Improvements can be altered to be used with those uses allowed in the zone. The nature of the improvements exist in a manner that they can be altered so as to be used in conformity with the uses allowed in the zone in which the property is located without impairing the constitutional rights of any person; or

Use is detrimental or a public nuisance. Except in the case of a dedicated cemetery, the nonconforming use is detrimental to the public health or safety or is a public nuisance.

35.101.060 - Unpermitted Expansion of Nonconforming Uses

After a public hearing, as provided in Section 35.101.070 (Termination Procedures), below, any expansion of or change in a nonconforming use of structures or land, or both, not expressly allowed under and strictly in compliance with the provisions of this Development Code, and especially this Chapter, nor required by law, may be ordered terminated by the Board.

35.101.070 - Termination Procedures

Procedures for termination of nonconforming uses. All nonconforming uses to be terminated under the provisions of this Chapter may be ordered terminated by the Board in compliance with the following procedures.

Upon recommendation of the Commission, or upon petition by a person affected by a nonconforming use of structures or land or both, or on its own initiative, the Board may set a date for, and call for a public hearing to determine whether or not a nonconforming use of land or structures, or both, or an unpermitted expansion of or change in the use, should be ordered terminated.

Fifteen days notice of the hearing shall be given by publication once in a newspaper of general circulation within the County or in the area where the affected property is located, and by service upon the owner of the land and upon the person operating or maintaining the nonconforming use, if not the owner.

Service of the notice shall be either personal or by mail addressed to the last known address of the person to be served.

The notice shall specify the date, time, and place of the hearing and shall specify the grounds on which the nonconforming use or changes or expansion of the use is sought to be terminated.

Hearing procedures.

All hearings held in compliance with this Section by the Board shall be open to the general public, be presided over by the Chairperson, vice-chairperson, or acting chairperson of the Board, and the proceedings shall be recorded by an electronic recording device.

The owner, the party maintaining the nonconforming use, the Board, and all other interested persons may be represented by attorneys of their own choosing, may submit written and oral evidence; provided, oral evidence shall be taken only on oath or affirmation, may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify, and to rebut the evidence against the witness.

If the person maintaining the nonconforming use does not testify in their own behalf they may be called and examined as if under cross-examination.

Rules of evidence. The hearing need not be conducted in compliance with technical rules relating to evidence and witnesses.

Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions in courts.

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts.

The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded.

Board's action on the termination, change, or expansion of use.

The Board shall render its decision in writing, containing findings of fact, within 30 days after the date on which the public hearing was completed and closed.

It shall deliver copies by mail or personally to the parties concerned in the hearing.

Failure to render the decision within 30 days, or any extension thereof stipulated to by the parties, shall be deemed to permit the continuance of the nonconforming use or the change or expansion thereof, which was the subject of the hearing.

The decision shall, if it ordered the nonconforming use, or change or expansion thereof terminated, specify the time within which the person maintaining the nonconforming use or change or expansion thereof, shall terminate, as the Board deems reasonable and proper under the circumstances.

Hearings may be continued. The hearings may be continued from time to time by the Board.

Judicial review. Judicial review of any order of the Board made in compliance with this Section may be had by filing a petition for a writ of mandate in compliance with the provisions of the California Code of Civil Procedure.

Failure to comply with order of termination. Any non-compliance with an order of termination of the Board made in compliance with this Section, as well as any continuance of any nonconforming use beyond the expressed period of time identified in this Section shall be deemed a violation of the terms of this Development Code.

35.101.080 - Nonconforming Due to Lack of a Discretionary Permit

Conformity of uses requiring a discretionary permit. A use lawfully existing without the approval of a discretionary permit that would be required by this Development Code, shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation).

Previous permits in effect. A use that was authorized by a discretionary permit but is not allowed by this Development Code in its current location may continue, but only in compliance with the discretionary permit.

Previous Land Use Permits for commercial cannabis cultivation. This section shall not apply to commercial cannabis cultivation (outdoor, mixed-light, indoor, and nursery) in the AG-II, zones that was authorized by a Land Use Permit and remains allowed by this Development Code in its current location.

(Ord. No. 5161, § 7, 8-16-2022)

35.102.010 - Purpose and Intent

The purpose of this Chapter is to provide procedures for accepting and processing appeals to the Board, Commission, and the Zoning Administrator.

35.102.020 - General Appeal Procedures

Who may appeal. An appeal may only be filed by an applicant or any aggrieved person. An aggrieved person is defined as any person who in person, or through a representative, appeared at a public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing or decision, informed the review authority of the nature of their concerns or who for good cause was unable to do either.

Timing and form of appeal.

Appeals of decisions of the Board of Architectural Review, Director, Commission, or Zoning Administrator.

Filing of the appeal. An appeal, which shall be in writing and accompanying fee, of a decision or determination of the Board of Architectural Review, Director, Commission, or Zoning Administrator shall be filed with the Department within the 10 calendar days following the date of the decision or determination that is the subject of the appeal, except as follows or as otherwise provided in this Development Code:

(1)

Within 30 calendar days following the date of decision by the Director that an oil or gas lease has been abandoned in compliance with Section 35.56.070 (Decision on Application to Defer Abandonment).

(2)

Except as otherwise provided in this Development Code.

Form of appeal. The appellant shall use the form provided by the Department in addition to any other supporting materials the appellant may wish to furnish in compliance with Subsection C (Requirements for contents of an appeal) below, explaining the reasons for the appeal. An appeal shall be filed with the Director, who shall process the appeal in compliance with this Chapter, including scheduling the matter before the applicable review authority.

Computation of time for appeal. The time within which the appeal shall be filed shall commence on the day following the day on which the decision or determination was made. In the event the last day for filing an appeal falls on a non-business day of the County, the appeal may be timely filed on the next business day.

Requirements for contents of an appeal.

General requirements. The appellant shall specifically provide in the appeal all of the following:

The identity of the appellant and their interest in the decision;

The identity of the decision or determination appealed which may include the conditions of that decision or determination;

A clear, complete, and concise statement of the reasons why the decision or determination is inconsistent with the provisions and purposes of this Development Code or other applicable law;

If it is claimed that there was an error or abuse of discretion on the part of the review authority, or other officer or authorized employee, or that there was a lack of a fair and impartial hearing, or that the decision is not supported by the evidence presented for consideration leading to the making of the decision or determination that is being appealed, or that there is significant new evidence relevant to the decision which could not have been presented at the time the decision was made, then these grounds shall be specifically stated.

Additional requirements for certain appeals. The following information is required to be submitted for the appeals listed below in addition to the information required to be submitted by Subsection C.1 (General requirements) above:

Appeals regarding a previously approved discretionary permit. If the approval of a Land Use Permit required by a previously approved discretionary permit is appealed, the appellant shall identify:

(1)

How the Land Use Permit is inconsistent with the previously approved discretionary permit;

(2)

How the discretionary permit's conditions of approval that are required to be completed before the approval of a Land Use Permit have not been completed; or

(3)

How the approval is inconsistent with Chapter 35.106 (Noticing and Public Hearings).

Appeals of final decision of the Board of Architectural Review. A decision of the Board of Architectural Review to grant final approval may not be appealed to the Commission unless the appellant can demonstrate that the project for which final approval was granted does not substantially conform to the project that was granted preliminary approval. If the Director determines that the appeal does not raise a substantial issue that the project for which final approval was granted does not substantially conform to the project that was granted preliminary approval, then the Director shall make that determination in writing, and the appeal shall not be processed. This decision of the Director is final and not subject to appeal.

Acceptance of appeal. An appeal shall not be accepted by the Director unless it is complete and complies with all requirements of Subsection C (Requirements for contents of appeal) above. This decision of the Director is final and not subject to appeal.

Appeal fees. The appellant shall pay the required filing fee in compliance with the Board's Fee Resolution, at the time of the filing of the appeal.

Effect of filing an appeal. The filing of the appeal shall have the effect of staying the issuance of any permit or approval provided for by the terms of this Development Code until a final action has occurred on the appeal, or unless otherwise indicated in this Development Code.

Public hearing required. The review authority shall consider all appeals in a noticed public hearing. 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). Notice shall be mailed to the appellant and the applicant, if different than the appellant.

Special processing requirements. The following requirements apply to applications for Land Use Permits, and Zoning Clearances that also require review by the Board of Architectural Review:

Projects requiring Land Use Permits.

If a preliminary approval by the Board of Architectural Review is appealed, then the hearing on the appeal shall be held after the approval of the Land Use Permit, but before the issuance of the Land Use Permit for the project.

If a preliminary approval by the Board of Architectural Review is appealed, and the approval of the Land Use Permit is appealed, then the appeal of the preliminary approval by the Board of Architectural Review shall be processed concurrently with the appeal of the Land Use Permit.

If a decision of the Board of Architectural Review to deny preliminary or final approval is appealed, a hearing shall be held on the appeal of the decision of the Board of Architectural Review before any decision on the Land Use Permit.

Projects requiring Zoning Clearances.

If a preliminary approval by the Board of Architectural Review is appealed, then the hearing on the appeal shall be held before the issuance of the Zoning Clearance for the project.

35.102.030 - Appeals to the Zoning Administrator

Decisions appealed to the Zoning Administrator. The following decisions of the Director may be appealed to the Zoning Administrator:

Any decision by the Director to approve, conditionally approve, or deny an application for a Land Use Permit for a temporary use in compliance with Section 35.42.260 (Temporary Uses and Trailers) may be appealed to the Zoning Administrator.

Hearing Required. The Zoning Administrator shall hold a hearing on the appeal no later than 12 hours prior to the time the event is scheduled to commence.

Notice required. Notice of the date, time and location of the hearing shall be provided to the applicant, the appellant, if different than the applicant and any interested person who has filed a written request for notice with the Department.

Action on appeal. The Zoning Administrator shall affirm, reverse, or modify the decision of the Director as soon as practicable following the filing of the appeal and in no case later than the time the temporary use is scheduled to commence. The action of the Zoning Administrator is final and not subject to appeal.

35.102.040 - Appeals to the Commission

Decisions appealed to the Commission. The following decisions may be appealed to the Commission provided the appeal complies with the requirements of Subsections 35.102.020.C through Subsection 35.102.020.E above.

Board of Architectural Review decisions. The following decisions of the Board of Architectural Review may be appealed to the Commission:

Any decision of the Board of Architectural Review to grant or deny preliminary approval.

Any decision of the Board of Architectural Review to grant or deny final approval in compliance with Subsection 35.102.020.C.2.c (Appeals of final decisions of the Board of Architectural Review).

Building Official decisions. The following decisions of the Building Official may be appealed to the Commission.

The decision of the Building Official to require an applicant for a solar energy system to apply for a Solar Use Permit. The grounds for an appeal of a decision to require a Solar Use Permit are restricted to a demonstration that the solar energy system would not have a specific, adverse impact upon the public health and safety.

Any decision of the Building Official to approve, conditionally approved, or deny an application for a Solar Use Permit.

Director decisions. The following decisions of the Director may be appealed to the Commission:

Any determination on the meaning or applicability of the provisions of this Development Code.

Any determination that a discretionary permit application or information submitted with the application is incomplete as provided by Government Code Section 65943.

Any decision of the Director to revoke an approved or issued Land Use Permit.

Any decision of the Director to approve or deny an application for a Land Use Permit except as follows:

(1)

Land Use Permits approved in compliance with Section 35.42.260 (Temporary Uses and Trailers) not including Subsection 35.42.260.G (Trailer Use).

Any decision of the Director to revoke an issued Zoning Clearance.

Any decision of the Director to approve, conditionally approve, or deny an application for a Development Plan.

Any decision of the Director to approve, conditionally approve, or deny any other discretionary application where the Director is the designated review authority.

Any decision of the Director as to whether an unauthorized mobilehome park closure is underway.

Any other action, decision, or determination made by the Director as authorized by this Development Code where the Director is the review authority, except when specifically provided that the action, decision, or determination is final and not subject to appeal.

Zoning Administrator decisions. The following decisions of the Zoning Administrator may be appealed to the Commission:

Any decision of the Zoning Administrator to approve, conditionally approve, or deny an application for a Conditional Use Permit, Development Plan, Lot Line Adjustment, Modification, Overall Sign Plan, Sign Modification, Variance, or other discretionary application where the Zoning Administrator is the applicable review authority, except when specifically provided that the action, decision, or determination is final and not subject to appeal.

Any other action, decision, or determination made by the Zoning Administrator as authorized by this Development Code where the Zoning Administrator is the review authority, except when specifically provided that the action, decision, or determination is final and not subject to appeal.

Report to the Commission. The Department shall transmit to the Commission copies of the permit application including all maps and data and a statement identifying the reasons for the decision by the Board of Architectural Review, Building Official, Director, or Zoning Administrator before the hearing on an appeal.

Scope of appeal hearings. The hearings on the appeal shall be de novo.

Action on appeal. The Commission shall affirm, reverse, or modify the decision of the Board of Architectural Review, Building Official, Director, or Zoning Administrator.

Decision on the appeal of Solar Use Permits. The action of the Commission, and the action of any subsequent County review authority, shall not have the effect of denying the application to install the solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

Any conditions imposed by the Commission on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.

35.102.050 - Appeals to the Board

Decisions appealed to the Board. The following decisions of the Commission may be appealed to the Board provided the appeal complies with the requirements of Subsection 35.102.020.C through Subsection 35.102.020.E. above.

Any final action on decisions that are appealed to the Commission in compliance with Section 35.102.040 (Appeals to the Commission) above.

Any final action on decisions of the Commission to approve, conditionally approve, or deny an application for a Conditional Use Permit, Development Plan, Lot Line Adjustment, Tentative Map, Variance, or other discretionary application where the Commission is the designated review authority.

Any other action, decision, or determination made by the Commission as authorized by this Development Code where the Commission is the review authority, except when specifically provided that the action, decision, or determination is final and not subject to appeal.

Report to the Board. The Department shall transmit to the Board copies of the permit application including all maps and data and a statement identifying the reasons for the decision by the Commission before the hearing on an appeal.

Scope of appeal hearings. The hearings on the appeal shall be de novo.

Action on appeal. The Board shall affirm, reverse, or modify the decision of the Commission. The decision of the Board shall be final.

35.104.010 - Purpose and Intent

The purpose and intent of this Chapter is to provide procedures consistent with Government Code Section 65000 et seq. for:

Amending the text and/or maps of the Comprehensive Plan.

Amending the text of this Development Code as the County may deem reasonable, necessary, or desirable.

Amending the zoning designation on properties where the change is warranted by consideration of location, surrounding development, and timing of development.

35.104.020 - Applicability

Comprehensive Plan. An amendment to the Comprehensive Plan may include revisions to the text and/or maps of the Comprehensive Plan.

Development Code. An amendment to this Development Code may modify or add a new standard, requirement, allowed use, or procedure applicable to land use or development that is located outside the Montecito Community Plan area and the Coastal Zone.

Zoning Map. An Amendment to the County Zoning Map not including those portions that lie within the Montecito Community Plan area or within the Coastal Zone has the effect of rezoning property from one zone to another, including the addition or deletion of overlay zones.

Compliance with Chapter. All applications for Amendments shall be initiated, filed, processed, considered, and acted upon in full compliance with this Chapter.

35.104.030 - Initiation of Amendments

An Amendment may only be initiated in the following manner:

Board. By the Board, which may include the approval of a resolution of intention by the Board;

Commission. By the Commission, which may include the approval of a resolution of intention by the Commission;

Director. By the Director; or

Applicant. By an application by an authorized applicant as follows:

Comprehensive Plan Amendment. An application to amend the text and/or maps of the Comprehensive Plan may be made by any person with a substantial interest in the proposed Amendment.

Development Code Amendment. An application to amend the text of the Development Code may be made by any person with a substantial interest in the proposed Amendment.

Zoning Map Amendment. Application by one or more persons owning property representing at least 50 percent of the assessed valuation of the property for which the zone classification change is sought.

35.104.040 - Processing of Amendments

Application shall ensure consistency. Any application filed in compliance with this Chapter that is inconsistent with the use and/or density requirements of this Development Code, the County Zoning Map or the Comprehensive Plan, shall be accompanied by an application to make the project consistent.

Contents of application. If initiated by a person other than the Board, Commission, or Director, an Amendment application shall be filed in compliance with Chapter 35.80 (Permit Application Filing and Processing).

Application shall include a Development Plan. Unless the Commission expressly waives the requirement, an application for a Zoning Map Amendment to rezone property to any of the zones listed below shall require the submittal of an application for either a Final or a Preliminary Development Plan in compliance with Section 35.82.080 (Development Plans) and Section 35.104.080 (Rezoning Requirements for Specific Zones) below.

DR (Design Residential).

MHP (Mobile Home Planned Development).

MHS (Mobile Home Subdivision).

PRD (Planned Residential Development).

SLP (Small-lot Planned Development).

C-V (Resort/visitor Serving Commercial).

OT-R (Old Town Residential).

PI (Professional and Institutional).

M-RP (Industrial Research Park).

M-1 (Light Industry).

M-2 (General Industry).

MU (Mixed Use).

PU (Public Works Utilities).

REC (Recreation).

HWMF (Hazardous Waste Management Facility) overlay.

Processing.

Application acceptance.

Director review. After receipt of an application the Director shall review the application and determine whether to accept the application for processing or to refer the application to the Commission to determine whether to accept the application for processing.

(1)

The Director may refer any application to the Commission that the Director determines to be:

(a)

Inconsistent with the Comprehensive Plan and the inconsistency would not be resolved by approval of the amendment, or

(b)

Inconsistent with this Development Code and the inconsistency would not be resolved by approval of the amendment, or

(c)

Inconsistent with a recent Comprehensive Plan or Community Plan update, or

(d)

Precedent setting in nature, or

(e)

In conflict with any recent action by the Board, or

(f)

Likely to generate or has generated substantial public controversy, or

(g)

If the application involves an amendment to the Comprehensive Plan, that the application is not in the public interest as required by Government Code Section 65358(a).

(2)

The action of the Director to refer an application to the Commission is final and not subject to appeal.

(3)

If the Director refers the application to the Commission, then the Director shall provide a recommendation to the Commission as to whether the application should be accepted for processing.

Commission review. Upon referral by the Director, the Commission shall hold at least one noticed public hearing on the application and may accept, or decline to accept, the application for processing. If the Commission declines to accept the application for processing, then the Commission shall refer the application to the Board for a final decision regarding whether to accept the application for processing.

(1)

The action of the Commission to refer an application to the Board is final and not subject to appeal.

(2)

If the Commission refers the application to the Board, then the Commission shall provide a recommendation to the Board as to whether the application should be accepted for processing.

Board review. Upon referral by the Commission, the Board shall hold at least one noticed public hearing on the application and may accept, or decline to accept, the application for processing. The decision of the Board is final.

Following acceptance of the application for processing, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

The Director may refer the application to the Subdivision/Development Review Committee and/or the Board of Architectural Review for review and recommendations to the Commission.

In compliance with Government Code Section 65351, during the review of a Comprehensive Plan Amendment, the Department shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the Department deems appropriate.

The Department shall also refer a proposed Comprehensive Plan Amendment to other agencies in compliance with Government Code Section 65352.

Native American consultation required. Prior to the adoption of any Comprehensive Plan Amendment the Department, in compliance with Government Code Sections 65352.3 and 65352.4. shall conduct consultations with California Native American tribes that are on the contact list maintained by the Native American Heritage Commission for the purpose of preserving or mitigating impacts to places, features, and objects described in Public Resources Code Sections 5097.9 and 5097.993 that are located within the County's jurisdiction.

Sites with valid Conditional Use Permit. If there is a valid and operational Conditional Use Permit associated with a proposed amendment to the text of the Development Code and/or the County Zoning Map and under the revised text or new zone the conditionally permitted use would become a permitted use, the Conditional Use Permit including the conditions of approval shall remain valid and in force unless altered or deleted in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

(Ord. No. 5192, § 26, 11-7-2023)

35.104.050 - Action on Amendments

Comprehensive Plan Amendments.

Commission hearing and action.

The Commission shall hold at least one noticed public hearing on the proposed Amendment. 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) and Government Code Sections 65090 and 65091, as applicable.

At the conclusion of the hearing the Commission shall recommend approval, conditional approval or denial of the proposed Amendment. The Commission's recommendation shall be adopted and transmitted to the Board by resolution of the Commission carried by the affirmative vote of not less than a majority of the total membership of the Commission.

The Commission shall adopt a resolution recommending approval or conditional approval of the Amendment only if the Commission first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments), below, and Section 35.104.080 (Rezoning Requirements for Specific Zones), below, as applicable.

In compliance with Government Code Section 65354.5, any interested party may file a written request for a hearing on the Amendment by the Board with the Clerk of the Board within the five days following the Commission adopting its recommendation. 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) and Government Code Section 65090.

Board hearing and action.

Following the receipt of the Commission's recommendation or where a hearing has been requested in compliance with Subsection A.1.d, above, the Board shall hold at least one noticed public hearing on the proposed Amendment.

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) and Government Code Section 65090.

The Board may approve, modify, or deny the recommendation of the Commission.

(1)

The Board shall adopt an Amendment by resolution which shall be adopted by the affirmative vote of not less than a majority of the total membership of the Board.

(2)

Any substantial modification of the proposed Amendment by the Board not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation.

(a)

The Commission shall not be required to hold a public hearing on the referral.

(b)

The failure of the Commission to report within the 45 calendar days following the referral, or within the time set by the Board, shall be deemed a recommendation for approval.

The Board shall adopt a resolution approving or conditionally approving the Amendment only if the Board first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments) below.

Development Code and Zoning Map Amendments.

Commission hearing and action.

In compliance with Government Code Section 65855 the Commission's recommendation shall include the reasons for the recommendation, and the relationship of the proposed Amendment to the Comprehensive Plan and applicable Specific Plans.

Board hearing and action.

Following the receipt of the Commission's recommendation:

(1)

Development Code Amendments. The Board shall hold at least one noticed public hearing on the proposed Amendment.

(2)

Zoning Map Amendments. The Board shall hold at least one noticed public hearing on the proposed Amendment except that if the Commission recommends denial of the Zoning Map Amendment then the Board shall not be required to hold a public hearing or take any further action on the matter unless:

(a)

An aggrieved party appeals the action of the Commission in compliance with Chapter 35.102 (Appeals), or

(b)

An interested party requests a hearing by filing a written request with the Clerk of the Board within the five calendar days after the Commission files its recommendation with the Board.

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) and Government Code Section 65090.

The Board may approve, modify or deny the recommendation of the Commission.

(1)

The Board shall adopt a Development Code or Zoning Map Amendment by ordinance which shall be adopted by the affirmative vote of not less than a majority of its total voting members.

(2)

(a)

The Commission shall not be required to hold a public hearing on the referral.

(b)

The failure of the Commission to report within the 40 calendar days after the referral, or within the time set by the Board, shall be deemed a recommendation for approval.

The Board shall adopt a ordinance approving or conditionally approving the Amendment only if the Board first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments) and Section 35.104.080 (Rezoning Requirements for Specific Zones), below, as applicable.

Compliance with Measure A96 required.

Vote required for onshore support facility for offshore oil and gas activity. Any legislative approval by the Board (e.g., Comprehensive Plan, Development Code or Zoning Map Amendment) which would authorize or allow the construction, development, installation, or expansion of any onshore support facility for offshore oil and gas activity on the South Coast of the County (from Point Arguello to the Ventura County border) and outside the South Coast Consolidation Areas is subject to a vote by the voters of the County in a regular election in compliance with Section 35.52.020 (Voter Approval - Facilities on South Coast That Support Offshore Oil and Gas Activities).

Measure A96 to terminate in 2021. This voter approval requirement was added to this Development Code in compliance with the Measure A96 voter approval initiative, passed by the voters of the County on March 26, 1996, is in effect for 25 years, terminating in 2021.

35.104.060 - Findings Required for Approval of Amendments

An application for an Amendment to the Comprehensive Plan, Development Code or Zoning Map may be approved only if the review authority first makes all of the following findings, as applicable to the type of Amendment.

Findings for Comprehensive Plan, Development Code and Zoning Map Amendments.

The request is in the interests of the general community welfare.

The request is consistent with the Comprehensive Plan, the requirements of the State planning and zoning laws, and this Development Code.

The request is consistent with good zoning and planning practices.

Additional finding for Comprehensive Plan Amendments.

If the request is for an amendment to the Comprehensive Plan, then the review authority shall also find that the request is deemed to be in the public interest.

35.104.070 - Effective Dates

Comprehensive Plan, Development Code or Zoning Map. A Comprehensive Plan, Development Code or Zoning Map Amendment shall become effective on the 31st day following the adoption an ordinance or resolution, as applicable, by the Board.

35.104.080 - Rezone Requirements for Specific Zones

The approval of a rezoning to apply one of the zones listed in this Section shall require compliance with the requirements of this Section applicable to the specific zone.

AH overlay zone.

Limitation on rezones. The AH overlay zone may be applied to property only in conjunction with the preparation and adoption of a Community Plan or together with a County initiated Amendment to the Comprehensive Plan.

Designation of allowed number of units. The approval of a rezoning to the AH overlay zone shall include designation of the maximum density allowed on the site by the overlay.

Findings required for rezoning. The approval of a rezoning to apply the AH overlay zone to property shall require that the Commission and Board first make all of the following findings in addition to those required in compliance with Section 35.104.060 (Findings Required for Approval of Amendment) above:

The site is located within an Urban area as designated on the Comprehensive Plan maps.

The site has a residential land use designation or would be appropriate for residential use if a Comprehensive Plan Amendment is being concurrently processed (e.g., underutilized commercial land surrounded by residential land or other compatible land use).

The site has a primary zone that allows residential uses and requires a Development Plan for the use. This may also be achieved through a rezone.

The site is served by a municipal sanitary district.

The site is of adequate size and shape to allow the reasonable development of housing.

The site is near major travel corridors or services.

The site is within reasonable walking distance to transit lines, employment centers, schools, and commercial areas.

Residential development can be sited to avoid major environmental hazards and/or constraints (e.g., airport noise and safety zones, archaeological resources, sensitive habitat areas, steep slopes and other geologic hazards, streams and creeks).

Residential development of the site at the maximum density proposed is consistent with all applicable policies and provisions of the Comprehensive Plan.

DR, MHP, OT-R, C-V, SC, PI, M-RP, M-1, M-2, MU, and PU zones. An application for a rezoning to the DR, MHP, OT-R, C-V, SC, PI, M-RP, M-1, M-2, MU, and PU zones shall include a Preliminary Development Plan or Final Development Plan in compliance with Section 35.82.080 (Development Plans) unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan may be incorporated into the rezoning ordinance.

HWMF overlay zone. An application for a rezoning to the HWMF overlay zone shall include a Preliminary or Final Development Plan in compliance with Section 35.82.080 (Development Plans) which shall include all of the site area, unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan shall be incorporated into the rezoning ordinance.

Findings required for rezoning. The approval of a rezoning to apply the HWMF overlay zone to property shall require that the Commission and Board first make all of the following findings:

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.

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).

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.

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

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

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

NTS zone. An application for a rezoning to the NTS zone shall include a Final Development Plan in compliance with Section 35.82.080 (Development Plans). An application to rezone to the NTS zone shall not be approved without concurrent approval of a Final Development Plan in compliance with Section 35.82.080 (Development Plans) and the requirements of this Subsection D.

Applicability. This zone shall only be applied at the time application is made and lawfully considered to amend the Comprehensive Plan for purposes of applying the NTS land use designation. In no event may the NTS zone be applied to land located outside of the boundaries of the Official Map of Naples or lots that are contiguous to the boundaries of the Official Map which are owned by parties holding fee title to one or more of the Official Map lots, provided further that any such rezoning must be consistent with the intent of Coastal Land Use Plan Policy 2-13, and the agriculture and resource protection policies of the Comprehensive Plan including the Coastal Land Use Plan.

Timing. A rezone in compliance with the Subsection to apply the NTS zone may occur when the owner of property within the Official Map requests reevaluation of the existing land use designation and zoning district in compliance with Coastal Land Use Policy 2-13.

Application requirements. An application for a rezoning to the NTS zone shall, at a minimum, contain the following:

Feasibility study. Consistent with Coastal Land Use Plan Policy 2-13 for land use designation on lots depicted on the Official Map, an application for a rezoning to the NTS zone for lots located within the Official Map shall require the preparation of a feasibility study for transfer of development rights before or concurrently with the processing of a rezone application to apply the NTS zone.

(1)

Following the completion of a feasibility study for transfer of development rights for any or all of the lots comprising the Official Map, the requirements of Subsection D.3.a may be satisfied by preparing a new feasibility study, updating previous studies or otherwise demonstrating the continued adequacy of previous studies.

Development Plan application. An application for a rezoning to the NTS zone shall include a Preliminary or Final Development Plan in compliance with Section 35.82.080 (Development Plans) including all of the site area proposed for rezoning.

Open Space and Habitat Management Plan. A preliminary Open Space and Habitat Management Plan in compliance with Subsection 35.26.060 shall be submitted in conjunction with an application to rezone to the Naples Town Site zone.

Concurrent approval. An application for a rezoning to the NTS zone shall not be approved without concurrent approval of a Final Development Plan in compliance with Section 35.82.080 (Development Plans).

PRD zone. An application for a rezoning to the PRD zone shall include a Preliminary or Final Development Plan in compliance with Section 35.82.080 (Development Plans), unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan may be incorporated into the rezoning ordinance.

Minimum site area. A site shall be a minimum of 10 acres to be rezoned to the PRD zone, all of which shall be included in the Preliminary or Final Development Plan.

Findings required for rezoning. The approval of a rezoning to apply the PRD zone to property shall require that the Commission and Board first make all of the following findings:

That the property is of the type and character which is appropriate for a planned residential development in compliance with the specific purpose and intent stated within Subsection 35.23.020.F (Planned Residential Development).

That the property is within an Urban area as designated on the Comprehensive Plan maps.

That the overall estimated population density which will result upon full development of the property under the PRD zone in accordance with the Preliminary or Final Development Plan is appropriate for such area and will not have a detrimental effect upon surrounding areas nor exceed the capacity of service and utility facilities in such surrounding areas.

The proposed development as shown on the Preliminary or Final Development Plan will be in conformance with the applicable policies of the Comprehensive Plan and this Development Code.

SLP zone. An application for a rezoning to the SLP zone shall include a Preliminary Development Plan or Final Development Plan in compliance with Section 35.82.080 (Development Plans) unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan may be incorporated into the rezoning ordinance.

Minimum site area. Rezoning to apply the SLP zone shall require that the site shall be a minimum of one acre provided that this minimum land area is adequate to meet the requirements of the SLP zone.

Findings required for rezoning. The approval of a rezoning to apply the SLP zone to property shall require that the Commission and Board first make all of the following findings:

That the proposed SLP development provides affordable housing opportunities, consistent with the stated purpose and intent of the SLP district.

That the SLP is located within an Urban Area, as designated in the Comprehensive Plan, and within reasonable access to employment opportunities, public transportation, commercial centers, and schools.

REC zone. An application for a rezoning to the REC zone shall include a Preliminary or Final Development Plan in compliance with Section 35.82.080 (Development Plans) which shall include all of the site area unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan may be incorporated into the rezoning ordinance.

Minimum site area. A site shall be a minimum of one acre to be rezoned to the REC zone, all of which shall be included in the Preliminary or Final Development Plan.

Findings required for rezoning. Except for existing public or private outdoor recreation areas as designated on the Comprehensive Plan maps, the approval of a rezoning to apply the REC zone to property shall require that the Commission and Board first make all of the following findings:

The level of facility development will be in conformance with the environmental carrying capacity of the area to be rezoned, (i.e., the proposed recreational activities are of the kind, intensity, and location to ensure protection of environmentally sensitive habitat resources).

The proposal will conform with all applicable policies of the Comprehensive Plan, including the Parks, Recreational and Trails (non-motorized) maps.

The proposed recreational activities are compatible with land uses on adjacent lots.

35.106.010 - Purpose and Intent

This Chapter establishes the minimum requirements for providing notice of a public hearing and other required noticing, and public hearing provisions and procedures.

35.106.020 - Notice of Public Hearing and Review Authority Action

Minimum requirements. Except for decisions on applications for Reasonable Accommodation processed in compliance with Chapter 35.37 (Reasonable Accommodation) that are under the jurisdiction of the Director and are not processed in conjunction with a discretionary application, Design Review processed in compliance with Section 35.82.070 (Design Review), Emergency Permits processed in compliance with Section 35.82.090 (Emergency Permits), Land Use Permits processed in compliance with Section 35.82.110 (Land Use Permits), Zoning Clearances processed in compliance with Section 35.82.210 (Zoning Clearances), and Time Extensions that are under the jurisdiction of the Director, notice shall be given by the Department in compliance with Government Code Sections 65090-65096 for all other applications that require a noticed public hearing or notice of review authority action. Each notice shall comply with the following minimum requirements.

By the Department. Notice shall be given by the Department in compliance with the following:

Newspaper publication. Notice shall be published in at least one newspaper of general circulation within the County and circulated in the area affected by the project at least 10 days before the scheduled public hearing or action by the review authority.

Mailed notice.

(1)

Notice of filing of an application. Notice of the filing of an application shall be mailed within the 15 calendar days following the Department's determination in compliance with Section 35.80.050 (Initial Application Review) that an application is complete for processing to:

(a)

Any person who has filed a written request for notice and has supplied the Department with self-addressed stamped envelopes.

(b)

The applicant.

(c)

The owner of the subject lot, if different from the applicant.

(d)

Owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

(e)

Residents of property located within a 300-foot radius of the exterior boundaries of the subject lot of an application for a commercial or noncommercial telecommunications facility, and additions thereto, allowed in compliance with Chapter 35.44 (Telecommunications Facilities).

(f)

Owners and residents of property located within a 1,000-foot radius of the exterior boundaries of the subject facility lease area of an application for a commercial telecommunications facility, and additions thereto, allowed in compliance with Section 35.44.010 (Commercial Telecommunication Facilities), if the subject lease area is located on a lot with a residential zone designation and the application includes a new freestanding antenna that is visible from the surrounding area.

(g)

Owners and residents of property located within a 1,000-foot radius of the exterior boundaries of the subject facility lease area of an application for a commercial telecommunications facility, and additions thereto, allowed in compliance with Section 35.44.010 (Commercial Telecommunication Facilities), if the subject lease area is located within 1,000 feet of a lot with a residential zone designation and the application includes a new freestanding antenna that is visible from the surrounding area.

(2)

Notice of public hearing or review authority action. Notice of public hearing or review authority action shall be mailed at least 10 days before the scheduled hearing or action to all parties required to receive notice in compliance with Subsection A.1.b.(1), above.

(3)

Optional notice to more than 1,000 owners of property. If the number of owners to whom notice would be mailed or delivered in compliance with this Section is greater than 1,000, the County may instead provide the notice required by Subsections A.1.a and A.1.b.(2), above, by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County at least 10 days before the scheduled hearing or action.

Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

Contents of notice. The contents of the notice shall be in compliance with Section 35.106.080 (Contents of Notice) below.

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

By the applicant. Notice shall be given by the applicant in compliance with the following:

Posted notice.

(1)

The applicant shall conspicuously post a notice at a minimum of one location on the subject lot with at least one notice posted in a location that can be viewed from the nearest public street. If the subject lot is a through lot, then the applicant shall conspicuously post a notice adjacent to each street frontage in a location that can be viewed from the street.

(2)

The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide, except that for the following applications the notice shall be a minimum of two feet tall by three feet wide:

(a)

Applications for development that are under the jurisdiction of the Commission and requires the approval of a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

(b)

Applications for development that are under the jurisdiction of the Commission and requires the approval of a Development Plan in compliance with Section 35.82.080 (Development Plans), not including applications for Development Plans required solely in compliance with Subsection 35.21.030.C, Subsection 35.22.030.C.1, Subsection 35.23.030.C.1, and Subsection 35.25.030.D.1.a.

(c)

Applications for legislative actions under the jurisdiction of the Board as the designated review authority in compliance with Table 8-1 (Review Authority) of Chapter 35.80 (Permit Application Filing and Processing).

(3)

Said notice shall be posted by the applicant:

(a)

At least 10 days before the scheduled public hearing or review authority action if the application is determined to be exempt from the requirements of the California Environmental Quality Act.

(b)

If the application is determined to subject to the requirements of the California Environmental Quality Act, on or before the beginning of the first public comment period on the document prepared in compliance with the California Environmental Quality Act.

(4)

The notice shall be required to be continuously posted from the date required by Subsection A.2.a.(3) above until at least 10 days following an action of the review authority to approve, conditionally approve, or deny the application, including an action on an appeal of the decision of the review authority.

(5)

The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other required documentation with the Department no later than 10 days before the scheduled initial public hearing or action by the review authority. Failure of the applicant to comply with this Section may result in postponement of the public hearing or action by the review authority.

35.106.050 - Land Use Permits

Minimum requirements. Notice of an application and pending action or action on a Land Use Permit application shall be given in compliance with the following:

By the Department. Notice shall be given by the Department in compliance with the following:

Mailed notice. Mailed notice shall be provided to:

(1)

All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

(2)

All residents located within a 300-foot radius of the exterior boundaries of the subject lot of an application for a commercial telecommunication facility, and additions thereto, as may be allowed in compliance with Subsection 35.44.010.C.1.

(3)

Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and:

(1)

If the application is subject to Design Review in compliance with Section 35.82.070 (Design Review), at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review, or;

(2)

If the application is not subject to Design Review in compliance with Section 35.82.070 (Design Review), at least 10 days before an action by the Director to issue a Land Use Permit.

The notice shall be continuously posted from the date required by Subsection A.1.c, above, until at least 10 days following an action of the Director to approve, conditionally approve, or deny the Land Use Permit.

By the applicant. Notice shall be given by the applicant in compliance with the following:

Posted notice. The applicant shall conspicuously post a notice at a minimum of one location on the subject lot with at least one notice posted in a location that can be viewed from the nearest public street. If the subject lot is a through lot, then the applicant shall conspicuously post a notice adjacent to each street frontage in a location that can be viewed from the street.

The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide.

Said notice shall be posted by the applicant no later than 15 days following the filing of a complete application with the Department and:

(1)

(2)

If the application is not subject to Design Review in compliance with Section 35.82.070 (Design Review), at least 10 days before an action by the Director to issue a Land Use Permit.

The notice shall be required to be continuously posted from the date required by Subsection A.2.c, above and shall remain posted for a minimum of 10 days following an action of the Director to approve, conditionally approve, or deny the Land Use Permit.

The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other documentation required by the Director with the Department prior to the action by the Director to issue the Land Use Permit. Failure of the applicant to comply with this Section may result in postponement of the action by the Director.

35.106.060 - Design Review

Minimum Requirements. Notice of applications for Design Review shall be given in compliance with the following:

By the Department. Notice shall be given by the Department in compliance with the following:

Mailed notice. Mailed notice shall be provided to:

(1)

All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

(2)

Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

(3)

The names and addresses used for such notice shall be those appearing on the equalized County assessment roll, as updated from time to time.

Posted notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review.

The notice shall be required to be continuously posted from the date required by Subsection A.1.c above, until at least 10 days following final action by the Board of Architectural Review.

The contents of the notice shall be in compliance with Section 35.106.080 (Contents of Notice) below.

By the applicant. Except for applications for Design Review that are submitted in association with an application that is noticed in compliance with Section 35.106.020 (Notice of Public Hearing and Review Authority Action), notice shall be given by the applicant in compliance with the following:

Posted notice. The applicant shall conspicuously post a notice at a minimum of one location on the subject lot with at least one notice posted in a location that can be viewed from the nearest street. If the subject lot is a through lot, then the applicant shall conspicuously post a notice adjacent to each street frontage in a location that can be viewed from the street.

The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide.

The notice shall be posted by the applicant no later than 15 days following the filing of a complete application to the Department and at least 10 days before the initial review by the Board of Architectural Review, including conceptual review.

The notice shall be required to be continuously posted from the date required by Subsection A.2.c above, until at least 10 days following an action by the Board of Architectural Review to grant final approval.

The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other required documentation with the Department no later 10 days before the scheduled date of the initial review by the Board of Architectural Review, including conceptual review. Failure of the applicant to comply with this Chapter may result in postponement of the review by the Board of Architectural Review.

35.106.070 - Emergency Permits

Minimum requirements. Notice of the application for an Emergency Permit shall be given in compliance with the following:

The Department shall provide mailed notice of applications for Emergency Permits to all owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

The names and addresses used for such notice shall be those appearing on the equalized County assessment roll, as updated from time to time.

The Department shall also conspicuously post a notice in three locations on the subject lot.

The mailing or posting of notice is not required to precede the actual commencement of the emergency work.

35.106.075 - Time Extensions Under the Jurisdiction of the Director

Minimum requirements. Notice of the application and pending action on an application for a Time Extension under the jurisdiction of the Director shall be given in compliance with the following.

By the Department. Notice shall be given by the Department in compliance with the following:

Newspaper publication. If the Director is the decision-maker on an application because the requirement for a hearing on the application has been waived in compliance with this Article, then notice shall be published in at least one newspaper of general circulation within the County and circulated in the area affected by the project at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

Mailed notice.

(1)

Except as provided in Subsection A.1.g, below, mailed notice shall be provided to:

(a)

All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

(b)

All residents of property located within a 300-foot radius of the exterior boundaries of the subject lot of an application for a commercial telecommunication facility, and additions thereto, allowed in compliance with Subsection 35.44.010.C.1.

(c)

Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

(2)

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

(3)

Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsection A.1.a.(1), above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

(a)

The notice shall be published no later than 15 days following the filing of a complete application with the Department and at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

(b)

Mailed notice shall continue to be sent to all relevant parties in compliance with Subsection A.1.a.(1), above, where mail delivery is available to addresses appearing on the equalized County assessment roll.

Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

The posted notice shall be required to be continuously posted from the date required by Subsection A.1.c, above, and shall remain posted for a minimum of 10 days following an action of the Director to approve, conditionally approve, or deny the application.

The contents of the notice shall be in compliance with Section 35.106.080 (Contents of Notice).

35.106.080 - Contents of Notice

Notice for all projects. The following shall be included in all notices required to be provided in compliance with this Section not including notices that are required to be posted by applicant.

The date of filing of the application and the name of the applicant.

The Department case number assigned to the application.

The name of the Department staff person assigned to review the application and their postal mail address, electronic mail address, and telephone number.

A description of the project and its location.

Notice for projects that require a public hearing or discretionary review authority action. The following shall be included in all notices for projects that require a public hearing or discretionary action by a review authority not including notices that are required to be posted by applicant.

All information required by Subsection A (Notice for all projects) above.

The place, date, and general time of the hearing at which the project will be heard by the review authority, if the action requires a public hearing. If the project does not require a public hearing, then only the date of pending action of the review authority is required.

A general description of the County procedures concerning the conduct of public hearings and actions, including the submission of public comments either in writing or orally before the hearing or decision, and requirements regarding the procedure to appeal the decision.

Notice for projects that do not require a public hearing or discretionary review authority action. The following shall be included in all notices for projects that do not require a public hearing or discretionary action by a review authority not including notices that are required to be posted by applicant.

All information required by Subsection A (Notice for all projects), above.

A general description of the County procedures concerning the review of the application, including:

How to participate in the review of the application;

How to receive notification of any pending review in compliance with Section 35.82.070 (Design Review) if applicable, or action to approve, conditionally approve, or deny the application;

How to submit comments either in writing or orally before review by the Board of Architectural Review if applicable, or action to approve, conditionally approve, or deny the application; and

Requirements regarding the procedure to appeal the decision of the Board of Architectural Review if applicable, or action by the Director to approve, conditionally approve, or deny the application.

If applicable, the date of the pending action on the application and the date of expiration of the appeal period.

35.106.090 - Reserved

Editor's note— Ord. No. 5238, § 20, adopted February 11, 2025, repealed the former Section 35.106.090 in its entirety, which pertained to notice of pending exemption from permits and derived from original codification.

35.106.100 - Failure to Receive Notice

The failure of any person or entity to receive notice given in compliance with this Chapter or in compliance with State law (Government Code Sections 65090-65096) shall not invalidate the actions of the Department or the applicable review authority.

35.106.110 - Hearing Procedure

Held at noticed time and place. A public hearing shall be held at the date, time, and place for which notice was given.

Hearing may be continued.

Any public hearing may be continued from time to time without further notice; provided, the chairperson of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

If an announcement of a continued date, time, and place is not given, notice of further hearings shall be provided in compliance with this Chapter.

Deferral of final decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

35.108.010 - Purpose and Intent

This Chapter establishes provisions which are intended to ensure compliance with the requirements of this Development Code and any conditions of a Conditional Certificate of Conformance, Conditional Use Permit, Development Plan, Emergency Permit, Land Use Permit, Modification, Sign Certificate of Conformance, Variance, Zoning Clearance or any other permit, to promote the County's planning efforts, and for the protection of the public health, safety, and welfare of the County.

35.108.020 - Investigation

The Director is hereby authorized to investigate all reported or apparent violations of any of the provisions of this Development Code. If a violation is determined to exist or to be impending, the Director is hereby authorized to take the measures as the Director deems necessary or expedient to enforce and secure compliance with the provisions of this Development Code.

Cooperation of other officials. The Director may request, and shall receive, the assistance and cooperation of other officials of the County to assist in the discharge of their duties.

Right of entry and inspection.

Director may enter any structure or premise. With the consent of the owner or occupant, the Director may enter at all reasonable times any structure or premise in the County for the purpose of carrying out any act necessary to perform any duty imposed by this Development Code.

Provision of identification. Upon request the Director shall provide adequate identification.

Use of inspection warrant. An inspection warrant may be obtained if entry is refused.

Liability.

The Director or any other person charged with the enforcement of this Development Code, if acting in good faith and within the course and scope of their employment, shall not be liable personally, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of their duties.

Any suit brought against the Director, because of the act or omission performed in the enforcement of any provision of this Development Code, shall be defended by the County Counsel.

Prima facie evidence of lodging. Advertising that offers a property as a lodging, including a short-term rental or a homestay, shall constitute prima facie evidence of the operation of a lodging on the property. The burden of proof shall be on the owner, operator, or lessee of record to establish:

If the lodging has a valid permit in place, that the subject property is being operated consistent with the permits; or

If the lodging is not permitted, that the subject property is not being used as a lodging.

(Ord. No. 5238, § 21, 2-11-2025)

35.108.030 - Work Stoppage

Where any construction work is being done in conflict with the provisions of this Development Code, the Director may order the work stopped by giving notice in writing and serving the notice and order on any person engaged in doing or causing the work to be done. Upon receipt of the notice, any person, their agents, employees, or servants, shall immediately stop the work until recommencement is authorized by the Director.

35.108.040 - Referral for Legal Action

If unable to otherwise enforce the terms of this Development Code, the Director shall refer the matter to the District Attorney and/or County Counsel for appropriate legal action.

35.108.050 - Legal Remedies

Civil actions.

Public nuisance. Any structure which is altered, constructed, converted, enlarged, erected, maintained, moved, or setup in conflict with the provisions of this Development Code, and any use of any land, premise, or structure conducted, established, maintained, or operated in conflict with the provisions of this Development Code, shall be and the same is hereby declared to be unlawful and a public nuisance.

Injunctive relief. Whenever, in the judgment of the Director, any corporation, firm, or person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this Development Code or any permit, order, regulation, or rule issued in compliance with this Development Code, and at the request of the Director, the District Attorney, or the County Counsel may make application to the Superior Court for an order enjoining the act or practice, or for an order directing compliance, and upon a showing by the Department that the corporation, firm, or person has engaged in or is about to engage in the act or practice, a permanent or temporary injunction, restraining order, or other order may be granted.

Abatement. In the event that any corporation, firm, or person shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the Director may request the District Attorney or County Counsel to apply to the Superior Court for an order authorizing the Department to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of the undertaking.

Civil Remedies and penalties.

Civil penalties. Any person, whether acting as agent, employee, principal, or otherwise, who willfully violates the provisions of this Development Code or any permit, order, regulation, or rule issued in compliance with this Development Code, shall be liable for a civil penalty not to exceed $25,000.00 for each day that the violation continues to exist.

Costs and damages. Any person, whether acting as agent, employee, principal, or otherwise, violating any provisions of this Development Code or any permit, order, regulation, or rule issued in compliance with this Development Code, shall be liable to the County for the costs incurred and the damages suffered by the County, its agents, and agencies as a direct and proximate result of the violation.

Procedure. In determining the amount of the civil penalty to impose, the court may consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by the defendant.

Criminal actions and penalties.

Infractions. Any corporation, firm, or person, whether acting as agent, employee, principal, or otherwise, violating any provisions of this Development Code, or any permit, order, regulation, or rule issued in compliance with this Development Code, shall be guilty of an infraction, and upon conviction thereof, shall be punishable by:

A fine not exceeding $100.00 for a first violation;

A fine not exceeding $200.00 for a second violation of the same provision within a 12-month period; and

A fine not exceeding $500.00 for each additional violation of the same provision within a 12-month period.

Misdemeanors.

Any offense which would otherwise be an infraction may, at the discretion of the District Attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this Development Code within the 12 month period immediately preceding the commission of the offense or has been convicted of three or more violations of any of the provisions of this Development Code within the 24-month period immediately preceding the commission of the offense.

Upon conviction of a misdemeanor the punishment shall be a fine of not less than $500.00 nor more than $25,000.00 or imprisonment in the County jail for a period not to exceed 60 days or by both the fine and imprisonment, except that where the prior convictions are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury, the punishment shall be a fine of not less than $1,000.00 nor more than $25,000.00 or by imprisonment in the County jail for a period not to exceed 180 days or by both the fine and imprisonment.

Violations. Each and every day during any portion of which any violation of this Development Code or any permit, order, regulation, or rule issued in compliance with this Development Code, is committed, continued, or permitted by the corporation, firm, or person shall be deemed a separate and distinct offense.

35.108.060 - Cumulative Remedies and Penalties

The remedies or penalties provided by this Development Code are cumulative to each other and to the remedies or penalties available under all other laws of this State.

35.108.070 - Recovery of Costs

Purpose and intent.

Purpose. This Section establishes procedures for the recovery of administrative costs, including staff time expended for items such as reports, site inspections, summaries, telephone contacts, correspondence with the owner and any concerned citizens or officials, and related travel time that reasonably relates to the enforcement of the provisions of this Development Code.

Intent. The intent of this Section is to recoup administrative costs reasonably related to enforcement.

Maintenance of records by Department.

The Department shall maintain records of all administrative costs incurred by responsible County departments associated with the processing of violations and enforcement of this Development Code and shall recover the costs from the property owner in compliance with this Section.

Staff time shall be calculated at an hourly rate in compliance with the Board's Fee Resolution.

Notice of violation.

Upon investigation and a determination that a violation of any of the provisions of this Development Code is found to exist, the Director shall notify the record owner or any person having possession or control of the subject property by mail of the existence of the violation, the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on objections to the notice.

The notice shall contain the following information:

The address of the property in violation.

The section of the Development Code violated.

A description of the violation.

An advisory that administrative costs will be assessed upon conclusion of the enforcement action.

An advisory that all administrative costs will be billed at an hourly rate to the owner of record and/or responsible party within a summary (billing statement) of administrative costs in compliance with the Board's Fee Resolution.

An advisory of the current hourly rate in effect.

An advisory that any permit sought or required to cure the violation is subject to the assessment of an additional penalty processing fee established in compliance with the Board's Fee Resolution

An advisory of the right to appeal the administrative costs in compliance with Subsection D (Summary of costs (administrative fees)) below, within 10 days of service of the billing statement.

Summary of costs (administrative fees).

At the conclusion of the enforcement action, the Director shall send a summary of costs/billing statement associated with enforcement to the owner of the subject property and/or the responsible party by certified mail.

The summary/billing statement shall include the following information:

An advisory of the right to file an appeal of the administrative costs.

A requirement to submit the written appeal within 10 days of the date of the summary/billing statement.

An advisory that failure to appeal the administrative fees will eliminate the right to object to the fees and that the owner and/or responsible party will be liable to the County for the assessed charges.

An advisory that assessed costs can be recovered in a civil action.

An advisory that the assessed costs can be recovered by recording a lien against the property that is the subject of the enforcement activity and that the amount of the lien may be collected at the same time and in the same manner as property taxes are collected.

Hearing on objections. Any property owner, or other person having possession and control thereof, who receives a summary of costs/billing statement in compliance with this Section shall have the right to a hearing before the Director on their objections to the proposed costs in compliance with the following procedures.

A request for a hearing shall be filed with the Department within 10 days of the service by certified mail of the Department's summary of costs/billing statement.

Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine the validity of the objections.

In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include the following:

Whether the present owner created the violation;

Whether there is a present ability to correct the violation;

Whether the owner moved promptly to correct the violation;

The degree of cooperation provided by the owner; and

Whether reasonable minds can differ as to whether a violation exists.

The Director's decision shall be appealable to the Board in compliance with Chapter 35.102 (Appeals).

In the event that (a) no request for hearing is timely filed or, (b) after a hearing the Director affirms the validity of the costs and an appeal to the Board is not filed in a timely manner, the property owner or person in control and possession shall be liable to the County in the amount stated in the summary/billing statement or any lesser amount as determined by the Director.

If the costs have not been paid within 45 days of notice thereof, these costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity.

Except for liens recorded against a property (1) containing an owner-occupied residential dwelling unit or (2) to recover costs associated with an enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a Building Permit, the amount of the proposed lien may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, before the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this Section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.

The amount of any cost shall not exceed the actual cost incurred performing the inspections and enforcement activity; the actual cost may include permit fees, fines, late charges, and interest.

The owner of the property that is the subject of the enforcement activity shall be provided with written notice of the proposed lien, including a description of the basis for the costs comprising the lien, a minimum of 45 days after notice to pay the costs. The notice shall also inform the owner of the ability to appeal the imposition of the proposed lien to the Board regarding the amount of the proposed lien. The notice shall be mailed by certified mail to the last known address of the owner of the property.

The Board may delegate the holding of the hearing required by this Section to a hearing board designated by the Board. The hearing board may be the Housing Appeals Board established in compliance with Health and Safety Code Section 17920.5 or any other body designated by the Board. The hearing board or body shall make a written recommendation to the Board which shall include factual findings based on evidence introduced at the hearing. The Board may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the Board. Notice in writing of the de novo hearing shall be provided to the owner of the property that is the subject of the enforcement activity at least 10 days before the scheduled hearing.

If the Board determines that the proposed lien authorized in compliance with Subsection 6.a., above shall become a lien, the Board may also cause a notice of the lien to be recorded. This lien shall attach upon recordation in the Office of the County Recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the property, identify the last known address of the record owner or possessor, identify the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.

35.108.080 - Processing Fee Penalty Assessment

Any person who shall alter, construct, enlarge, erect, maintain, or move any structure, or institute a use for which a permit is required by this Development Code without first having obtained the permit, shall, if subsequently granted a permit for that structure or use, or any related structure or use on the property, first pay an additional penalty permit processing fee for after the fact authorization of development, in compliance with the Board's current Fee Resolution.

35.108.090 - Penalty for Violations of Conditions

Compliance with conditions required. If any portion of a privilege authorized by a Conditional Certificate of Conformance, Conditional Use Permit, Development Plan, Emergency Permit, Land Use Permit, Modification, Sign Certificate of Conformance, Variance, or any other permit approved in compliance with this Development Code is utilized, the conditions of said permit shall immediately become effective and shall be strictly complied with.

Violation of conditions subject to penalty. The violation of any valid condition imposed by the review authority in connection with the granting of any Conditional Certificate of Conformance, Conditional Use Permit, Development Plan, Emergency Permit, Land Use Permit, Modification, Sign Certificate of Conformance, Variance, or any other permit approved in compliance with this Development Code, shall constitute a violation and shall be subject to the same penalties as defined in this Chapter.

Temporary suspension of compliance in order to protect public health and/or to Support Economic Recovery from the impacts of COVID-19. In order to protect public health and support the reopening of the Santa Barbara County in a manner that effectively limits the spread of COVID-19 by allowing for the use of outdoor areas to ensure that physical distancing and/or other public health requirements can be met and to provide other forms of relief to support economic recovery from the impacts of COVID-19, the following provisions apply for the temporary time period specified below.

Temporary time period. Subsections 35.84.040.A.1, 35.84.030.D.8, 35.84.040.F, 35.101.020.B, and 35.108.090.C (ordinance amendments related to COVID-19) shall take effect on June 16, 2020 and shall expire the earlier of 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 by ordinance amendment.

The expiration date of these temporary amendments may be extended or revised by the Board of Supervisors by adoption of future ordinance amendments. Unless otherwise extended or amended by the Board, upon expiration this ordinance, shall be repealed and shall be of no further force or effect.

Development standards. For approved projects, this section authorizes the temporary suspension of compliance with the project description and/or conditions of approval related to the following standards provided the requirements of Subsection C.3, below, are met:

Setbacks.

Site coverage maximums.

Minimum open space.

Parking and loading standards.

Signs.

The requirement that uses shall occur within a completely enclosed building.

Limitations on food service at wineries and tasting rooms.

Restrictions on uses in the right of way.

Other development standards as determined to be necessary by the Director for the protection of public health related to COVID-19 and/or to support economic recovery from the impacts of COVID-19.

Requirements. To be eligible for the temporary suspension of compliance, all of the following requirements must be met:

The temporary changes to an approved project that render the project unable to strictly comply with its project description, conditions of approval, and/or the development standards listed in Subsection C.2, above, are necessary to ensure physical distancing, and/or comply with other public health requirements put in place by federal, State, or local public health officials to limit the spread of COVID-19, and/or support economic recovery from the impacts of COVID-19.

The owner/applicant must follow all applicable State and local directives regarding reopening of businesses or community entities during the COVID-19 pandemic response, including certification or attestation and COVID-19 protection plan. Public health restrictions related to COVID-19 are subject to rapid change and nothing in this Subsection C is intended, nor shall it be construed, to allow approved projects to operate in violation of any federal, State, or local public health orders, rules or regulations.

The project otherwise complies with its project description, conditions of approval, applicable development standards, and Comprehensive Plan policies.

The approved project is non-residential.

The use does not occur within environmentally sensitive habitat. No native vegetation or environmentally sensitive habitat would be removed to accommodate the use of outdoor areas.

No permanent structures are proposed, constructed, or erected (temporary coverings, such as canopies or umbrellas, to shade occupants from the sun and/or weather are allowed).

Enforcement.

If oa completed checklist, revised site plan, photos, and description of proposal are not submitted pursuant to Subsection 35.84.040.A.1, or upon submittal the Director determines, in the Director's sole discretion, that the requirements of Subsection C.3, above, are not satisfied, the Director may notify the owner/applicant that the suspension of compliance to protect public health and/or support economic recovery from the impacts of COVID-19 are not applicable and the Director may initiate enforcement action. The Director's action is not subject to appeal.

If a completed checklist, revised site plan, photos, and description of proposal are submitted pursuant to Section 35.84.040.A.1 and the requirements of Subsection C.3, above, are met, as determined in the sole discretion of the Director, strict compliance to the applicable portions of the project description, conditions of approval, and/or the development standards listed in Subsection 2, above, is not required and the temporary changes to the project shall not constitute a violation subject to penalties, for the time period specified in Subsection C.1, above. The Director's action is not subject to appeal.

(Ord. No. 5180, § 3, 5-16-2023)