The purpose of this Article is to establish procedures for the processing of land use entitlements, including permits and variances and for modification, suspension, or revocation of any permit or variance, and appeals thereto.

Entitlements authorized by this Chapter include the following:

These entitlements, and modifications thereto, are granted based upon determinations, arrived at objectively and involving little or no personal judgment, that the request complies with established standards set forth in this Chapter. Such will be issued by the Planning Director or designee without a public hearing.

(Am. Ord. 4377—1/29/08; Ord. No. 4639, § 9, 12-17-2024)

A Zoning Clearance certifies that a proposed use of land or structures, or construction or demolition of structures, is consistent with the provisions of this Chapter and any applicable conditions of any previously issued entitlement, and the use or structure may be inaugurated. Where no other Planning Division-issued entitlement is required, a Zoning Clearance also serves as an entitlement granted for as long as the subject use or structure is in compliance with the applicable requirements of this Chapter. More than one (1) Zoning Clearance may be required and issued for the same property and one (1) Zoning Clearance may be issued for multiple purposes.

a.

Zoning Clearance, Applicability Of: A Zoning Clearance is required prior to any of the following actions occurring. To be valid, it shall specify for which of the following purposes it is being issued:

(1)

Inauguration of construction or demolition of a structure, unless exempted pursuant to Sections 8105-4 and 8105-5 of this Chapter;

(2)

Inauguration of a use of land, structures, or facilities, including a change of use where a new use replaces an existing one, unless exempted pursuant to Sections 8105-4 and 8105-5 of this Chapter;

(3)

Issuance of a Certificate of Occupancy pursuant to the Ventura County Building Code; and

(4)

Maintenance, alteration, demolition, improvement, construction, and the like of any landmark or component of a historic district. Such work would include building exterior surface modifications, re-roofing, installation of new windows, and the like for which a Zoning Clearance is not otherwise required. Prior to the issuance of a Zoning Clearance pursuant this Section 8111-1.1.1(a)(4), a Certificate of Appropriateness shall be issued pursuant to the Ventura County Cultural Heritage Ordinance.

(5)

Construction or demolition activities and the like at any site of merit, or any site which is potentially eligible to become a designated cultural heritage site, as described in the Ventura County Cultural Heritage Ordinance. Prior to the issuance of a Zoning Clearance pursuant to Section 8111-1.1.1(a)(5), a Certificate of Appropriateness or Certificate of Review, as appropriate, shall be issued pursuant to the Ventura County Cultural Heritage Ordinance.

b.

Zoning Clearance, Issuance of: A Zoning Clearance shall be issued if the proposed use of land, structures, or construction:

(1)

Is permissible under the present zoning on the land and complies with the standards of Division 8, Chapters 1 and 2 of the Ventura County Ordinance Code;

(2)

Is compatible with the policies and land use designations specified in the General Plan;

(3)

Complies with the applicable terms and conditions of any applicable permit or other entitlement granting the use in question, and the decision granting said permit is considered "effective" pursuant to Section 8111-4.4;

(4)

Is not located on the same lot where a violation exists of standards found in said Chapters 1 and 2 or of any Ventura County Ordinance regulating land use, such as the Ventura County Building Code or any grading ordinance, or of the terms of an existing permit covering the lot, unless the Zoning Clearance is necessary for the abatement of the existing violation or authorizes an ADU or JADU pursuant to Section 8107-1.7 of this Chapter;

(5)

Is not being requested by or for the same party that owes the County fees or billings, fines, civil penalties, or forfeitures associated with this Chapter;

(6)

Is consistent with the General Plan, Hazards and Safety Element, Policy HAZ-5.8 (Siting Criteria for Hazardous Waste Generators), as may be amended;

(7)

Is located on a legal lot; however, a Zoning Clearance may be issued on an illegal lot but only in situations when issuing the Zoning Clearance would not constitute an "approval for development" or otherwise require the County's subsequent issuance of a Certificate of Compliance for the illegal lot under the Subdivision Map Act pursuant to Government Code sections 66499.34 and 66499.35 (see Chapter 2, Section 8214-3 of the Ventura County Ordinance Code for guidance);

(8)

Is being undertaken by an owner and/or tenant, who, along with the associated contractors and agents, are in compliance with the Ventura County Business License Tax Ordinance;

(9)

Is determined to be consistent with conditions and requirements established by the Ventura Countywide Stormwater Quality Management Program, Los Angeles Regional Phase I Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System (Los Angeles Regional Phase I MS4 NPDES) Permit No. CAS004004 and the Ventura Stormwater Quality Management Ordinance No. 4450, as these permits and regulations may be amended; and

(10)

Has, in the case of a designated or potentially eligible cultural heritage site been issued a Certificate of Appropriateness or Certificate of Review, or is otherwise authorized to proceed with the project in compliance with the Ventura County Cultural Heritage Ordinance. Any Zoning Clearance requested for a designated cultural heritage site issued a Planned Development Permit pursuant to Section 8107-37 et seq. shall also comply with the provisions of that permit.

c.

Zoning Clearance, Expiration and Extensions of: Zoning Clearances shall expire and may be extended in accordance with the following provisions unless specifically indicated otherwise on the Zoning Clearance or specifically indicated elsewhere in this Chapter:

(1)

Zoning Clearances for which a Building Permit is Required: Zoning Clearances issued to authorize the inauguration of construction or demolition of structures, certificates of occupancy, uses of land, and/or other development (collectively, "Development") for which a building permit is required pursuant to the Ventura County Building Code are valid for one hundred eighty (180) days following issuance of the Zoning Clearance during which time a complete building permit application(s) for all structures and other Development that are subject of the Zoning Clearance (hereafter, "Building Permit Application") must be submitted to the Building and Safety Division ("Effective Period"). The Effective Period may be extended pursuant to subsection (3) below. If a Building Permit Application is not submitted on or before expiration of the Effective Period for any or all of the structures and other Development requiring a building permit, the Zoning Clearance shall expire with respect to those structures and other Development. If a Building Permit Application is submitted prior to expiration of the Effective Period for any or all of the structures and other Development requiring a building permit, the Zoning Clearance shall thereafter expire with respect to those structures and Development if the Building Permit Application expires or requires renewal (i.e., Zoning Clearance shall expire three hundred sixty (360) days from submittal of Building Permit Application even if Building Permit Application is renewed), is withdrawn, or is terminated without the finalized building permit being issued. If a Building Permit Application is timely submitted and a finalized building permit is issued, the Zoning Clearance shall remain valid authorizing the subject structures and other Development that have received all other required local, state, or federal permits, entitlements, and licenses so long as the Development remains consistent with the Chapter or the conditions of a previously issued entitlement. Notwithstanding the foregoing, if only a portion of a Zoning Clearance's structures and other Development receive a finalized building permit that is applied for during the Effective Period, the Zoning Clearance shall only authorize and be effective as to those specific structures and Development, and shall not authorize or be effective as to any other structure or other Development requiring a building permit.

(2)

Zoning Clearances for which a Building Permit is not Required: Zoning Clearances issued to authorize the inauguration of construction or demolition of structures, uses of land, and/or development (collectively, "Development") for which a building permit is not required pursuant to the Ventura County Building Code are valid for one hundred eighty (180) days following issuance of the Zoning Clearance ("Effective Period"). The Effective Period may be extended pursuant to subsection (3) below. If the Development has not received all other required local, state, or federal permits, entitlements, and licenses and/or the Development has not been completed on or before expiration of the Effective Period, the Zoning Clearance shall expire. If the Development has received all other required local, state, or federal permits, entitlements, and licenses and the Development has been completed on or before expiration of the Effective Period, the Zoning Clearance shall remain valid to authorize the specific Development so long as it remains consistent with this Chapter or the conditions of a previously issued entitlement. Notwithstanding the foregoing, if only a portion of a Zoning Clearance's Development has been completed during the Effective Period, the Zoning Clearance shall only authorize and be effective as to the completed Development, and shall not authorize or be effective as to any other Development that has not been completed. For purposes of this Section, "completed" shall mean when the Development is completed to the point where the property owner and/or permittee can use it for its intended purpose without further work to be done or permits, entitlements, or licenses to be obtained.

(3)

Zoning Clearance Extensions: An applicant may file an application requesting an extension of the 180-day Effective Period with the Planning Division on the form provided. The application shall not be accepted for processing and decision unless accompanied by the required fees in accordance with the Board-adopted Fee Schedule, and may only be submitted within thirty (30) days of expiration of the Effective Date. A one-time extension may be granted by the Planning Division for good cause shown extending the Effective Period for up to one hundred eighty (180) days (i.e., the total, extended Effective Period may be up to three hundred sixty (360) days), provided that (a) there are no material changes to the project or its constituent structures or development, (b) the project is consistent with all applicable General Plan policies, entitlements, and development standards of this Chapter in effect at the time the extension is sought, and (c) the project remains subject to the Zoning Clearance permitting requirement, as opposed to a newly enacted discretionary permitting requirement, at the time the extension is sought.

(Am. Ord. 4216—10/24/00; Ord. 4220—12/12/00)

(Ord. No. 4580 § 5, 4-13-2021; Ord. No. 4639, § 9, 12-17-2024)

Various uses and structures as noted in Sections 8105-4 and 8105-5 may be allowed with a Zoning Clearance if the surrounding property owners and/or residents sign "waivers" agreeing with the proposed use or structure. The wording of the waiver shall be determined in accordance with good planning practices by the Planning Director, unless otherwise specified in this Chapter, and shall address such issues as the nature and operation of the use or structure, ordinance provisions to be waived, duration of the waiver, extensions, revocation provisions, and the number of parties required to be notified and to sign. Unless otherwise specified in the waiver, a waiver shall be considered completely signed when signatures have been obtained from all of the property owners of the affected property(s) or their authorized agents, and one (1) adult resident from each legal dwelling unit on the affected property(s).

(Am. Ord. 4123—9/17/96—grammar; Am. Ord. 4216—10/24/00; Ord. No. 4639, § 9, 12-17-2024)

These entitlements and modifications thereto are granted following determinations that require the exercise of judgement or deliberation, as opposed to merely determining that the request complies with a set of standards.

a.

Planned Development (PD) Permit—A Planned Development Permit is a permit based upon a discretionary decision that is required prior to initiation of specified uses and structures which are allowed as a matter of right, but which are subject to site plan review and which may be conditioned in order to assure compliance with the requirements of this Chapter and with the purposes of the applicable zone. Planned Development Permits may be granted by the Planning Director or his/her designee through an administrative hearing process, or by the Planning Commission or Board of Supervisors through a public hearing process.

In the case of a use or development that also contemplates a subdivision of property located within the R-P-D Zone, the Planned Development Permit shall be processed simultaneously with the subdivision application. Where the subdivision application would normally be approved by some authority higher than the authority normally specified for approval of the permit by Article 5, the permit may be approved only by that higher authority. Where the subdivision application would normally be approved by some authority lower than the authority normally specified for approval of the permit by Article 5 or this subsection (a), that lower authority shall defer action on the subdivision application to that higher authority. For the purposes of this Section, the Planning Commission is a higher authority than the Planning Director and the Board of Supervisors is a higher authority than the Planning Commission.

b.

Conditional Use Permit (CUP)—A Conditional Use Permit is a permit based upon a discretionary decision required prior to initiation of particular uses not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned in order to assure compliance with the requirements of this Chapter and with the purposes of the applicable zone. Such permits may be denied on the grounds of unsuitable location, or may be conditioned in order to be approved. Conditional Use Permits may be granted through a public hearing process by the Board of Supervisors, the Planning Commission, or the Planning Director or designee. Except for projects initiated by a County agency or department, applications for Board of Supervisors-approved Conditional Use Permits shall first be reviewed by the Planning Commission.

c.

Emergency Use Authorization (EUA): The Planning Director may authorize, by letter and without a hearing, a use or structure in an emergency situation where delay incident to the normal processing of an application would be physically detrimental to the health, safety, life, or property of the applicant or the public. An Emergency Use Authorization may only be granted in accordance with the following standards:

(1)

If directly related to an earthquake, flood, tsunami, landslide, chemical spill, collision, explosion, or similar disaster or catastrophic physical change that has occurred or is imminent. An Emergency Use Authorization may also be granted under other circumstances if the magnitude of the impacts on the public or the applicant are, or can be expected to be, comparable to those attributed to the disasters and catastrophic changes referenced above.

(2)

An Emergency Use Authorization shall be valid for a period for no more than one hundred eighty (180) days. Where the use or structure is intended to continue beyond one hundred eighty (180) days, application for the appropriate permit shall be made to the appropriate decision-making authority in the usual manner within thirty (30) days after issuance of the Emergency Use Authorization.

(3)

The standards of Sections 8111-1.2.1.1 through 8111-1.2.1.8 of this Chapter as applicable to the location and use.

d.

Major and Minor Modifications—These are discretionary actions which authorize the modification of existing permits and are granted through a process set forth in Section 8111-6.

e.

Continuation Permits for Nonconforming Uses and Structures—A Continuation Permit for Nonconforming Uses and Structures is a Planning Commission-approved discretionary permit for the time extension of nonconforming uses and structures. These permits are subject to the criteria of Section 8113-2 for mobilehomes, and Section 8113-5.4 for other nonconforming uses no longer permitted.

f.

Expansion Permits for Nonconforming Uses—An Expansion Permit for Nonconforming Uses is a Planning Commission-approved discretionary permit for the expansion of existing lawfully permitted uses in the Open Space zone that were made nonconforming by changes to zoning regulations approved on March 2, 2010. Expansion Permits for Nonconforming Uses are subject to the standards in place at the time the use was made nonconforming.

(Ord. No. 4411, § 6, 3-2-2010; Ord. No. 4639, § 9, 12-17-2024)

Planned Development and Conditional Use Permits shall be granted if all billed fees and charges for processing the application request that are due for payment have been paid, and if all of the following standards are met, or if such conditions and limitations, including time limits, as the decision-making authority deems necessary, are imposed to allow the standards to be met. The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the following standards can be met. Specific factual findings shall be made by the decision-making authority to support the conclusion that each of these standards, if applicable, can be satisfied.

a.

The proposed development is consistent with the intent and provisions of the General Plan and of Division 8, Chapters 1 and 2, of the Ventura County Ordinance Code;

b.

The proposed development is compatible with the character of surrounding, legally established development;

c.

The proposed development would not be obnoxious or harmful, or impair the utility of neighboring property or uses;

d.

The proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare;

e.

For Conditional Use Permits only, the proposed development is compatible with existing and potential land uses in the general area where the development is to be located;

f.

The proposed development will occur on a legal lot; and

g.

The proposed development is approved in accordance with CEQA and all other applicable laws.

In analyzing whether the above standards have or have not been met, the decision-making authority shall consult and consider the relevant factors identified in Article 9, Section 8109-0 et seq. of this Chapter. If all applicable standards cannot be satisfied, specific factual findings shall be made by the decision-making authority to support that conclusion.

(Am. Ord. 4123—9/17/96; Ord. No. 4503, 2-7-2017; Ord. No. 4518, § 2, 2-6-2018; Ord. No. 4526, § 4, 7-17-2018; Ord. No. 4639, § 9, 12-17-2024)

Editor's note— Ord. No. 4639, § 9, adopted Dec. 17, 2024, renumbered the former §§ 8111-1.2.1.1a and 8111-1.2.1.1b as §§ 8111-1.2.1.1 and 8111-1.2.1.2 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Conditional Use Permits authorizing outdoor events and assembly uses shall be granted if all billed fees and charges for processing the application that are due for payment have been paid and if all of the following standards are met. An application for a Conditional Use Permit shall not be denied on the basis of the content of protected expression associated with the proposed use. The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the following standards can be met. Specific factual findings shall be made by the decision-making authority to support the conclusion that each of these standards, if applicable, can be satisfied.

a.

The proposed use is compliant with applicable provisions of the General Plan and of Division 8, Chapter 1 of the Ventura County Ordinance Code;

b.

The proposed use can coexist in relative proximity, and is not expected to unduly interfere with, the existing land uses of the surrounding area as determined based on the following land use factors:

(1)

Whether the proposed use would generate off-site noise louder than ambient noise levels by considering: (i) the volume and times of day such noise would be generated; (ii) the proximity of the proposed use to the nearest off-site noise sensitive receptors such as dwellings, schools, hospitals, nursing homes and libraries; (iii) the topography of the surrounding area likely to affect how noise travels; and (iv) the existence of other nearby uses likely to generate off-site noise at similar times; and

(2)

Whether the proposed use would generate vehicular traffic affecting the level of service of a road segment or intersection located within one (1) mile of the proposed use as determined pursuant to Section 27a(1), "Transportation & Circulation - Roads and Highways - Levels of Service (LOS)," of the County's Initial Study Assessment Guidelines (ISAG), as such section may be amended or renumbered;

c.

The proposed use would not be detrimental to public health and safety as determined based on the following land use factors:

(1)

Whether public and private roads and driveways used to access the site of the proposed use can safely accommodate all vehicular traffic associated with the proposed use, including emergency vehicles, and meet all applicable requirements of the Ventura County Fire Code; and

(2)

Whether the proposed use or site of the proposed use would create risk of harm to persons, nearby properties, or the environment based on fire hazards, geologic hazards, flood hazards, hazardous materials, or increased risk of vandalism or trespass that cannot be controlled through reasonable event security.

d.

The proposed use will occur on a legal lot; and

e.

The proposed use is approved in accordance with CEQA and all other applicable laws.

If all standards cannot be satisfied, specific written factual findings shall be made by the decision-making authority to support that conclusion.

(Ord. No. 4526, § 4, 7-17-2018; Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.1b. See editor's note for § 8111-1.2.1.1.

In addition to the general permit approval standards of Section 8111-1.2.1.1, before any permit is issued for any structure or land use which requires a discretionary permit in the AE Zone, the following standards shall be met or be capable of being met with appropriate conditions and limitations being placed on the use:

a.

That the establishment or maintenance of this use will not significantly reduce, restrict or adversely affect agricultural resources or the viability of agricultural operations in the area;

b.

That structures will be sited to minimize conflicts with agriculture, and that other uses will not significantly reduce, restrict or adversely affect agricultural activities on site or in the area, where applicable; and

c.

That the use will be sited to remove as little land from agricultural production (or potential agricultural production) as possible.

(Ord. No. 4639, § 9, 12-17-2024)

Editor's note— Ord. No. 4639, § 9, adopted Dec. 17, 2024, renumbered the former §§ 8111-1.2.1.2—8111-1.2.1.7 as §§ 8111-1.2.1.3 and 8111-1.2.1.8 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

When necessary to ensure consistency with other Planning Division documents such as area plans, conditions which are more restrictive than the standards of this Chapter may be imposed on discretionary permits.

(Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.3. See editor's note for § 8111-1.2.1.3.

In addition to the general permit approval standards of Section 8111-1.2.1.1, development within any overlay zone having specific development standards, pursuant to Article 9 of this Chapter, shall comply with such standards.

(Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.4. See editor's note for § 8111-1.2.1.3.

In addition to the general permit approval standards of Section 8111-1.2.1.1 and permit approval standards for the AE Zone of Section 8111-1.2.1.3, the following additional finding must be made or be capable of being made with conditions and limitations being placed on any proposed development of a hazardous waste collection, treatment and storage facility or a hazardous waste disposal facility:

a.

That the proposed hazardous waste collection, treatment and storage facility or hazardous waste disposal facility is consistent with the General Plan, Hazards and Safety Element, Policy HAZ-5.8 (Siting Criteria for Hazardous Waste Generators), as may be amended.

(Am. Ord. 4214—10/24/00; Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.5. See editor's note for § 8111-1.2.1.3.

In addition to the general permit approval standards of Section 8111-1.2.1.1, the standards of this Section shall apply to any Planned Development Permit for any use or development in the RPD Zone that contemplates a subdivision of the property to which the permit applies. Such a Planned Development Permit may be granted only if an application for the subdivision is approved simultaneously with the granting of the permit.

(Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.6. See editor's note for § 8111-1.2.1.3.

Where a proposed project requiring a discretionary permit is located on the same lot as a designated cultural heritage site, a Certificate of Appropriateness or Certificate of Review shall have been issued pursuant to the Ventura County Cultural Heritage Ordinance for the project in question prior to its approval.

(Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.7. See editor's note for § 8111-1.2.1.3.

Variances are adjustments in the regulations and development standards contained in this Chapter. Variances are based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, building lot coverage, lot area and width, signs, off-street parking, landscaping and wall, fencing and screening standards. Variances shall be processed in accordance with the provisions of this Article. Variances may not be granted to authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the property. Except for administrative variances, variance requests shall be heard by the Planning Commission through a public hearing process.

(Am. Ord. 4123—9/17/96; Ord. No. 4618, § 6, 7-25-2023)

The sole purpose of any variance shall be to enable a property owner to make reasonable use of his or her property in the manner in which other property of like character in the same vicinity and zone can be used. For the purposes of this Section, vicinity includes both incorporated and unincorporated areas if the property in question is within the sphere of influence of an incorporated area.

(Am. Ord. 4123—9/17/96)

Before any variance may be granted, the applicant shall establish, and the decision-making authority must determine, that all of the following standards are met:

a.

That there are special circumstances or exceptional characteristics applicable to the subject property with regard to size, shape, topography, location or surroundings, which do not apply generally to comparable properties in the same vicinity and zone; and

b.

That granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone; and

c.

That strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and

d.

That the granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties.

(Am. Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the above standards can be met.

(Am. Ord. 4123—9/17/96)

A request for a minor variance from certain types of zoning regulations may be approved by the Planning Director as an administrative variance, if the standards of Section 8111-1.2.2.2 above are met. The procedures of Section 8111-3 of this Chapter shall be followed. An administrative variance may be granted only in the following situations:

a.

To allow a decrease not exceeding twenty (20) percent in required minimum setbacks;

b.

To allow walls, fences or hedges to exceed height limit regulations by a maximum of one (1) foot in setback areas, except in a sight triangle; and

c.

To allow an increase not exceeding ten (10) percent for maximum building lot coverage, or sign area or height.

(Am. Ord. 4123—9/17/96; Ord. No. 4407, § 8, 10-20-2009; Ord. No. 4639, § 9, 12-17-2024)

Any variance is considered to run with the land. An expiration date may be imposed at the time the variance is granted.

(Am. Ord. 4123—9/17/96)

A ministerial or discretionary Tree Permit is required, pursuant to Section 8107-25 et seq., for the alteration of protected trees, in all applicable base zones and overlay zones; see also Article 9 of this Chapter. Ministerial Tree Permits shall be processed in the same manner as Zoning Clearances, and discretionary Tree Permits shall be processed in the same manner as Conditional Use Permits. A Tree Permit may be issued for the alteration of one or more protected trees as appropriate.

(Ord. No. 4639, § 9, 12-17-2024)

A ministerial or discretionary Film Permit is required, pursuant to Sections 8105-4 and 8105-5 and is subject to the standards of Section 8107-11. Ministerial Film Permits shall be processed in the same manner as Zoning Clearances, and discretionary Film Permits shall be processed in the same manner as Conditional Use Permits.

(Rep./Add Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

Application requests shall be filed with the Planning Division. No application request shall be accepted for filing and processing unless it conforms to the requirements of this Chapter; contains in a full, true and correct form the required materials and information prescribed by the forms supplied by the Ventura County Planning Division; and is accompanied by the appropriate fees in accordance with the Board-adopted fee schedule. The County staff may refer any application request to an independent and qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the County. The costs for all such consultant work shall be borne by the applicant and are independent of the fees paid to the Planning Division for processing of the requests.

(Am. Ord. 4123—9/17/96)

Applications may be filed as provided in the following sections:

a.

Who May Apply—An application for a permit, ordinance amendment or variance may be filed by the owner of the property or his/her authorized agent, by a lessee who holds a lease with terms that permit the use applied for, or by any duly constituted government authority or agent thereof. Regardless of who is the applicant, the property owner shall sign the application.

(Am. Ord. 4123—9/17/96)

b.

Co-applicants—All holders or owners of any other interests of record in the affected property shall be notified in writing of the permit application and invited to join as co-applicant.

c.

Modification, Suspension and Revocation—An application for modification, suspension or revocation of any variance or permit may be filed by any person listed in the preceding section, or by any person or political entity aggrieved; or by an official department, board or commission of the county affected.

d.

Amendments to this Chapter—An application to amend this Chapter shall be proposed in accordance with Article 15.

e.

Appeals—An appeal concerning any order, requirement, permit, determination or decision made in the administration or enforcement of this Chapter may be filed in accordance with Section 8111-7.

f.

Processing Applications Where Violations Occur—No application request for a new entitlement or time extension of an existing entitlement whose initial term has expired shall be accepted if a violation of Chapter 1 or Chapter 2 exists on the lot, unless the acceptance of the application is necessary to abate the existing violation.

(Am. Ord. 4123—9/17/96—grammar)

g.

Nullification of Applications When Violations Are Discovered—Where a violation is discovered on a lot where an application request has been accepted or is being processed after being deemed complete, said application shall become null and void and returned to the applicant. All new applications shall comply with the provisions of this Chapter including, but not limited to, the filing of Late Filing Fees and the submission of full, true and correct information.

h.

Completeness of Application—Not later than 30 calendar days after the Planning Division has accepted an application under this Chapter, the applicant shall be notified in writing as to whether the application is complete or incomplete, except in the case of zone changes, which are legislative acts and thus are not subject to the 30-day limit. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons for such determination and of the information needed to make the application complete.

(1)

Review of Supplemental Information—If any application is deemed incomplete and the applicant subsequently submits the required information, the application is then treated as if it were a new filing, and the 30-day review period begins on the day that the supplemental information is submitted.

(2)

Termination of Incomplete Application—Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six months from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this six-month period may be granted by the Planning Director on written request by the applicant showing good cause.

The form and content of all applications shall be determined by the Planning Division. Additional information may be required to be submitted with an application request such as site plans and elevations (in color, with building materials identified), sample floor plans and samples of exterior finishing materials as deemed appropriate by the Planning Director for complete review of the request. If the project is proposed to be developed in phases, the sequence of such phases shall also be shown. For applications to develop oil or gas resources, see Section 8107-5.6 for additional requirements.

The names of all persons entitled to notice pursuant to Section 8111-4 shall be obtained by the applicant and filed with the application. The omission by the applicant of the name and address of any such person is grounds for denial or revocation of the permit, variance, or amendment, or such other action as the Planning Commission or Planning Director may choose to take in regard thereto. Names and addresses of property owners shall be obtained from the last equalized assessment roll, or from such other records of the assessor or tax collector as may contain more recent addresses.

Applications and proposed uses shall be reviewed for the appropriate environmental document and also by various County departments as well as interested parties such as cities and special districts which are involved in the review and conditioning of projects.

(Ord. No. 4518, § 3, 2-6-2018; Ord. No. 4526, § 4, 7-17-2018)

Any application request proposing an activity which is defined as a "project" in the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Chapter 7.5, section 2621 et seq.) shall be reviewed by the County Geologist in accordance with the requirements of said Act and the policies and criteria established by the State Mining and Geology Board pursuant to said Act.

(Ord. No. 4639, § 9, 12-17-2024)

All projects will be reviewed for location over or near any abandoned or idle-deserted oil or gas well, based on maps provided by the California Geologic Energy Management (CalGEM). In addition, applicants shall notify the County and CalGEM immediately when such wells are encountered in site preparation or construction. Applicants shall bear the cost of reabandonment if required prior to project approval. The County will notify CalGEM of the location of any proposed project that is found to be over or near any such well(s).

(Ord. No. 4639, § 9, 12-17-2024)

All projects will be reviewed for location over or near any abandoned water wells in conjunction with Division 4, Chapter 8, Article 1, of the Ventura County Ordinance Code. Applicants shall immediately notify the Public Works Agency, Groundwater Resources Section, when such wells are encountered in site preparation or construction. Applicants shall bear the cost of abandonment, if required, prior to project approval. The Planning Division will notify the Public Works Agency of the location of any proposed project that is found to be over or near any such well(s).

(Ord. No. 4639, § 9, 12-17-2024)

No person obtains any right or privilege to use land or structures for any purpose or in any manner described in an application request merely by virtue of the County's acceptance of an application or approval of the subject request.

Zoning Clearances and all licenses issued therefrom, and all other entitlements, shall be null and void for any of the following causes, once the applicant has been notified of such nullification:

a.

The application request that was submitted was not in full, true and correct form. Examples of such inadequate submittals are failures to show all existing uses, structures, facilities and improvements, which have been authorized by Division 8, Chapters 1 and 2 of the Ventura County Ordinance Code, or which were commenced without required authorization.

b.

The entitlement issued does not comply with the terms and conditions of the permit originally granting the use under Division 8, Chapters 1 and 2, of the Ventura County Ordinance Code.

c.

The entitlement was issued erroneously.

(Am. Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

Except as otherwise specified in this Chapter, the decision-making authority may impose a penal and/or performance surety requirement on any discretionary entitlement as a condition of approval of such entitlement. The sureties shall be provided in a form acceptable to the County Counsel.

a.

The required amount of the surety(s) may be increased periodically by the Planning Director in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the surety is maintained over the life of the permit, and to assure that performance sureties continue to reflect the actual anticipated costs for completing a required task. No surety shall be released until after all of the applicable conditions of the permit have been met.

b.

In the event of any failure by the permittee to perform or comply with any term or condition of a discretionary entitlement, the decision-making authority may, after notice to the permittee and after a public hearing, determine by resolution the amount of the penalty or other surety forfeiture, and declare all or part of the surety forfeited. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the County of Ventura. The forfeiture of any surety shall not insulate the permittee from liability in excess of the sum of the surety for damages or injury, nor from expense or liability suffered by the County of Ventura from any breach by the permittee of any term or condition of the permit or of any applicable ordinance or of the surety.

c.

The permittee shall maintain the minimum specified amount of a surety throughout the life of the entitlement. Within thirty (30) days of any forfeiture of a surety, the permittee shall restore the surety to the required level.

(Ord. No. 4639, § 9, 12-17-2024)

Each application request for any purpose subject to the regulations of Division 8, Chapters 1 and 2 of the Ventura County Ordinance Code, except appeals, shall be accompanied by payment of all required processing fees and all outstanding fees, charges, and penalties billed by and owed to the County under Division 8, Chapters 1 and 2 of said Code by the applicant or by persons, partnerships, corporations or other entities owned or controlled by the applicant or owning or controlling the applicant. Furthermore, each application request for any purpose, including appeals and requests for presubmittal review, shall be accompanied by the fee specified in the Board-adopted Fee Schedule before it is accepted for filing and processing.

(Ord. No. 4639, § 9, 12-17-2024)

Exemptions, in whole or in part, from application filing fees may be authorized as set forth in the Board-adopted Fee Schedule.

(Ord. No. 4639, § 9, 12-17-2024)

Where a use actually commences, or construction to that end is commenced, prior to the granting of required County entitlements, a late filing fee for said entitlements shall be collected, in addition to the required processing fees, provided that the County has given written notification to the property owner of the violation. If applications for the entitlements needed to remedy the violation have been filed within thirty (30) days of the issuance of said notification and deemed complete within ninety (90) days of said notification, the late filing fee shall be waived. However, if applications for the required entitlements needed to remedy the violation have not been filed within thirty (30) days of the issuance of said notification, the late filing fee shall be paid by the applicant prior to or at the time of the submittal of the application for the required entitlements. The late filing fee shall be equal to the filing fee or initial deposit of each application request necessary to legalize the violation as set forth in the Board-adopted Fee Schedule, but shall not individually exceed one thousand dollars ($1,000.00.) Payment of a late filing fee does not constitute a vested right and shall not relieve persons from fully complying with the requirements of this Chapter, nor from any other penalties prescribed herein.

(Am. Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

Once a project has been acted upon and inaugurated or the application is either withdrawn or closed, the applicant shall be billed for the balance of fees and charges up to the ceiling amount as specified by the Board-adopted Fee Schedule. Should final costs be less than the deposit fee, the unused portion of the deposit shall be refunded to the applicant. Upon written request to the Operations Division of the Resource Management Agency, an accounting of all fees and charges billed to the applicant shall be made available. An applicant may request, or the County may require, incremental billing for processing costs of an application request. All fees and charges shall be due and payable within thirty (30) days of the date of any billing invoice. If billed fees and charges are not paid within thirty (30) days of the invoice date, a penalty charge of five (5) percent of the unpaid balance will be added to the balance due. Each month thereafter, an interest charge of two (2) percent of the unpaid balance shall be added and compounded until the bill is paid in full. Whenever fees and charges are not paid as prescribed, the County shall pursue collection of said fees and charges in a diligent manner, and the permit/entitlement is subject to revocation.

(Ord. No. 4639, § 9, 12-17-2024)

While the County may choose not to stop processing an application for which the applicable billed fees and charges have not been paid, the County may, after a hearing, deny such application based on the applicant's failure to pay said fees and charges. Such fees and charges shall include those costs associated in processing any environmental documents that might be required as a result of an application.

(Ord. No. 4639, § 9, 12-17-2024)

Unless otherwise provided in the conditions of the permit, permits being processed for renewal shall remain in full force and effect until the renewal request is acted on, or up to twenty-four (24) months maximum or all administrative appeals have been exhausted, provided that: 1) the renewal application was accepted as complete by the Planning Division prior to the expiration of the permit; and 2) the permittee is in compliance with all terms and conditions of the original permit at the time of the application for renewal. All the terms and conditions of the original permit must be followed at all times. At the sole discretion of the Planning Director, the 24 month period may be extended if the protracted time frame for permit processing was substantially beyond the control of the applicant.

If an application requesting a discretionary entitlement under Chapter 1 or Chapter 2 of the Ventura County Ordinance Code, and/or a County legislative action, and/or any other County discretionary permit or approval (collectively, "discretionary approval") is required for a project that includes a request for one or more other discretionary approvals, all applications seeking the discretionary approvals for the project as a whole shall be consolidated for CEQA review, public noticing, public hearing, and/or final decision in accordance with all substantive and procedural requirements applicable to each of the project's constituent discretionary approvals to the extent not in conflict with state law. All discretionary approvals shall be consolidated and considered for final decision by the highest-ranking County decision-making authority (i.e., Planning Director, Planning Commission, or Board of Supervisors) as designated for any of the project's discretionary approvals. If a conflict exists between the procedural or substantive requirements applicable to the project's discretionary approvals, such conflicts shall be harmonized and resolved at the discretion of the Planning Director in consultation with County Counsel in accordance with state law.

(Ord. No. 4639, § 9, 12-17-2024)

a.

The owner of the subject property, or the owner's duly authorized agent;

b.

The applicant, if different from the owner of the subject property;

c.

Each local agency whose ability to provide essential services or facilities to the project may be significantly affected by the project; and

d.

The owners of all real property situated within a radius of three hundred (300) feet of the exterior boundaries of the Assessor's Parcel(s) which is the subject of the application. If the 300-foot radius does not include fifteen (15) or more parcels of real property, the radius shall be expanded until the owners of at least fifteen (15) parcels will be notified. Names and addresses shall be obtained from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one-eighth page advertisement published at least twenty (20) days prior to the hearing of a zoning ordinance amendment and at least ten (10) days prior to any other required hearing in a newspaper of general circulation may be substituted for the direct mailing.

(Ord. No. 4473, 6-2-2015; Ord. No. 4639, § 9, 12-17-2024)

The decision-making authority(s) shall hold at least one (1) public hearing on any duly filed application that requires a discretionary decision except for Permit and Variance Adjustments, requests for a Fair Housing Reasonable Accommodation, or as otherwise specifically provided in this Chapter. Public hearings shall be conducted in such a manner as to allow the applicant and all other interested parties to be heard and present their positions on the case in question, and shall have a record of the decision kept, along with the findings made which supported the decision. Administrative hearings shall be conducted by the Planning Director or designee.

(Ord. No. 4639, § 9, 12-17-2024)

A quorum for a hearing before the Planning Commission or Board of Supervisors shall consist of three (3) members. The approval of any discretionary entitlement, or other matters brought before either body, requires the concurrence of at least three (3) of its members. The secretary for the appropriate decision-making authority shall enter the decision in the minutes or records of the meeting.

(Ord. No. 4639, § 9, 12-17-2024)

A decision-making authority may refer a matter back to the preceding hearing body for further report, information or study.

If it is necessary to continue the hearing or decision on any matter before the decision-making authority, the person presiding at the hearing shall, before adjournment thereof, publicly announce the date, time and place to which the matter will be continued. Except for the posting of an agenda containing the continued matter in a public place at least 72 hours before the continued hearing, no further notice need be given.

Not more than forty (40) calendar days following the termination of hearings on an application request requiring a discretionary entitlement or decision, the final decision-making authority shall render its decision either by the adoption of a Resolution (for applications decided by the Planning Commission) or by the issuance of a Determination Letter (for applications decided by the Planning Director or designee). A Resolution or Determination Letter rendering a decision on an application request shall recite such conditions and limitations deemed necessary by the decision-making authority and shall require that all conditions requiring recordation of an interest in property, and other conditions as appropriate, shall be satisfied prior to issuance of a Zoning Clearance for the inauguration of any discretionary entitlement.

(Ord. No. 4639, § 9, 12-17-2024)

For the Planning Commission:

a.

May result in significant adverse environmental impacts which cannot be mitigated to less than significant levels; or

b.

Involves significant public controversy; or

c.

May be in conflict with County policies, or would necessitate the establishment of new policies; or

d.

May be precedent setting; or

e.

Should be deferred for any other cause deemed justifiable by the Planning Director.

For the Board of Supervisors:

a.

Was heard by the Board of Supervisors as the original decision making body; or

b.

Was last heard on appeal by the Board of Supervisors and the issue involves, or is related to, one of the points of appeal; or

c.

Involves interpretation or new policy making on a substantial issue that clearly requires Board of Supervisors involvement; or

d.

Should be deferred for any other cause deemed justifiable by the Planning Director.

(Am. Ord. 4216—10/24/00; Ord. No. 4639, § 9, 12-17-2024)

The decision-making authority hearing a discretionary matter may approve, deny or modify, wholly or partly, the request being reviewed. The decision-making authority may impose such reasonable conditions necessary to ensure that the project satisfies the applicable standards of permit approval. In the absence of any provision to the contrary in a decision granting a request, said request is granted as set forth in the application. All conditions and restrictions applied to a decision on an application request not appealed shall automatically continue to govern and limit the subject use or structure unless the action of the decision-making authority clearly indicates otherwise.

(Ord. No. 4526, § 4, 7-17-2018; Ord. No. 4639, § 9, 12-17-2024)

Not later than four (4) calendar days following the effective date of a decision, the Planning Division shall cause the decision-making authority's decision to be mailed to the applicant or appellant in resolution or letter form, in care of the address appearing on the application or such other address designated in writing by the applicant or appellant. In addition, the authority and/or agency whose decision is the subject of an appeal shall also be notified of the decision.

(Ord. No. 4639, § 9, 12-17-2024)

The filing of an appeal shall automatically stay all proceedings in furtherance of the subject request. Neither the applicant nor any enforcement agency may rely on an authority's decision until the expiration of the decision's appeal period or until the appeal has been resolved, whichever occurs later. (See also Section 8111-7 of this Chapter.)

(Ord. No. 4639, § 9, 12-17-2024)

The Planning Director shall be responsible for preparing the resolutions or letters mentioned in this Article and any other paper or document required by the Planning Commission or the Board of Supervisors in order to discharge their duties and responsibilities under this Article and Chapter.

(Am. Ord. 4123—9/17/96)

Unless otherwise specified in this Ordinance Code or in the permit conditions, any permit hereafter granted that requires a Zoning Clearance becomes null and void if a Zoning Clearance is not obtained by the permittee within the time specified in such permit. If no date is specified, the permit shall expire one year from the date of issuance unless a Zoning Clearance has been issued. After expiration of a permit, the property affected thereby shall be subject to the regulations of the applicable zone classification and all other provisions of this Chapter. The permittee is solely responsible for the timely renewal of a permit; the County has no obligation to notify the permittee of the imminent expiration of the permit.

An application request may be denied with prejudice on the grounds that two (2) or more similar application requests have been denied by the appropriate decision-making authority in the past two (2) years, or that other good cause exists for limiting the filing of applications with respect to the property. If such denial becomes effective, no further application for the denied request shall be filed in whole or in part for the ensuing eighteen (18) months except as otherwise specified at the time of the denial, or unless there is a substantial change in the application.

(Ord. No. 4639, § 9, 12-17-2024)

An application for modification of a permit or variance pursuant to this Section may be filed by any person or entity listed in Section 8111-2.2. Any change of an approved discretionary permit is also a discretionary decision and is considered to fall into one (1) of the categories noted below, except as specified in Section 8107-45.10 regarding wireless communication facilities and Section 8106-8.2.9 regarding landscape plans. For all of the following situations, any adjustments or modifications to permits or variances issued without a previously approved environmental document shall be reviewed for its incremental impact on the environment, and subject to the appropriate process.

(Ord. No. 4470, § 5, 3-24-2015; Ord. No. 4577 § 6, 3-9-2021)

Any change that would not alter any of the required approval findings stated or referenced in Sections 8111-1.2.1.1 through 1.2.1.8 or Section 8111-1.2.2.2, nor any findings contained in the environmental document prepared for the entitlement, and would not have any adverse impact on surrounding properties, may be deemed a permit or variance adjustment and acted upon by the Planning Director or designee without a hearing. Such changes may include, but are not limited to, the following:

a.

A cumulative increase or decrease of not more than ten (10) percent in gross floor area; permit area; the area of walls, fences, or similar structures used as screening; height; parking area; landscaping area; or total area of on-site identification signs; provided that any resulting increase in parking space requirements will be accommodated onsite or offsite as described in Section 8108-3.3.1.

b.

Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style.

c.

A change in use where the new use requires the same or a lesser permit than the existing use; or the establishment of a new use in an unoccupied building that has been granted a permit; provided, in both cases, that any resulting increase in parking space requirements will be accommodated onsite or offsite as described in Section 8108-3.3.1.

(Am. Ord. 4123—9/17/96; Am. Ord. 4144—7/22/97; Ord. No. 4407, § 8, 10-20-2009; Ord. No. 4470, § 5, 3-24-2015; Ord. No. 4639, § 9, 12-17-2024)

Any proposed change that exceeds the criteria of a Permit Adjustment as described above, but is not extensive enough to be considered a substantial or fundamental change in land use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the permit, shall be deemed a minor modification and be acted upon by the Planning Director or the Planning Director's designee through an administrative public hearing process.

Any proposed modification which is considered to be a substantial change in land use relative to the original permit, and/or would alter the findings contained in the environmental document prepared for the permit, shall be deemed a major modification and be acted upon by the decision-making authority which approved the original permit.

Any ministerial or discretionary entitlement heretofore or hereafter granted may be modified or revoked, or its use suspended, by the same decision-making authority and procedure which would normally approve the entitlement under this Chapter. An application for such modification, suspension or revocation may be filed by any person or entity listed in Section 8111-2.2(c) or by any other aggrieved person. The applicant for such modification, suspension or revocation shall have the burden of proving one (1) or more of the following causes:

a.

That any term or condition of the entitlement has not been complied with;

b.

That the property subject to the entitlement, or any portion thereof, is or has been used or maintained in violation of any statute, ordinance, law or regulation;

c.

That the use for which the entitlement was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned;

d.

That the use for which the entitlement was granted has been so exercised as to constitute a public nuisance;

e.

That the permittee has failed to pay any fees, charges, fines, or penalties associated with processing or enforcing a violation associated with the entitlement; or

f.

That the permittee has failed to comply with any enforcement requirement established in Article 14 of this Chapter.

(Ord. No. 4526, § 4, 7-17-2018; Ord. No. 4639, § 9, 12-17-2024)

Whenever a violation of this Chapter or permit condition is determined to exist on a lot subject to a discretionary permit, the conditions of approval of said permit shall be automatically modified to include the following additional condition:

a.

The permittee shall be required to submit to the Planning Division, and thereafter maintain for the duration of the permit, a deposit equal to the applicable amount specified in the current Board-adopted Fee Schedule to cover the County's cost for periodic condition compliance reviews of the operation and site pursuant to Section 8114-3.4 of this Chapter.

A copy of the modified permit shall be provided to the permittee by the Planning Director or designee after the permittee has exhausted his or her administrative appeal remedies associated with the determination that a violation exists.

(Ord. No. 4639, § 9, 12-17-2024)

The failure of the Planning Director, Planning Commission or Board of Supervisors to revoke a variance or permit, or to suspend its use, whenever cause therefor exists or occurs, does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use.

No person shall carry on any of the operations authorized to be performed under the terms and conditions of any ministerial or discretionary entitlement during any period of suspension thereof, or after the revocation thereof, or pending a judgement of court upon any application for writ taken to review the decision or order of the final appeal body in the County in suspending or revoking such entitlement; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit was ordered by the applicable County entity, or such operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property.

(Ord. No. 4639, § 9, 12-17-2024)

Unless otherwise provided in this Chapter, an appeal shall be processed in the same manner as other discretionary application requests set forth in this Article and in accordance with the following:

An application for an appeal concerning any order, requirement, permit or decision made in the administration of this Chapter may be filed by an aggrieved party within ten calendar days after the alleged decision-making error, or on the following work day if the tenth day falls on a weekend or holiday. Included within this Section are appeals of the Planning Director's refusal to accept or process an application until the applicant paid all outstanding fees and charges in accordance with Sections 8111-2.1, 8111-2.9 and 8201-5. In hearing and deciding such an appeal of the Planning Director's refusal, the Planning Commission shall consider the correctness of the amount of the outstanding debt or charge and whether the debt or charge is owed by the appellant, if such issues are raised by the appellant. Decisions made regarding enforcement reports, which are not a part of this Chapter, are not appealable. The filing of an appeal shall automatically stay all proceedings in furtherance of the subject request. (See also Section 8111-4.5)

All appeals shall be filed with the Planning Division on the appropriate application forms and be addressed to the decision-making authority hearing the appeal. The appropriate decision-making authorities, unless otherwise stipulated here in this Article, are as follows:

(a)

Appeals of Administrative Decisions (by the Planning Director or designee) shall be heard by the Planning Commission, except that Zoning Clearances for Accessory Dwelling Units are final decisions and are not subject to appeal.

(b)

Appeals of Planning Commission decisions shall be heard by the Board of Supervisors.

(c)

Appeals relating solely to requests under this Chapter for waivers or modifications of policies of the Board of Supervisors need only be heard by the Board of Supervisors.

(Am. Ord. 4282—5/20/03)

(Ord. No. 4519, § 7, 2-27-2018)

The appeal period for appeals to County decision-making authorities shall end ten (10) calendar days after the decision being appealed is rendered pursuant to Section 8111-4 of this Chapter, or on the following workday if the tenth day falls on a weekend or holiday.

(Ord. No. 4639, § 9, 12-17-2024)

Upon receipt of a complete appeal application form and any required fees, the Planning Division shall establish a date, time and place for the hearing. Notice shall be given in the same manner as required for the original request, and shall also be given to the applicant and appellant, as the case may be.

The decision-making authority shall either approve, deny, or approve with modifications, the entitlement application or other matter on appeal.

(Ord. No. 4639, § 9, 12-17-2024)

Notwithstanding any other provisions of this Article:

a.

No public hearings shall be conducted on applications for accessory dwelling units under Sections 8105-4, 8105-5, 8107-1.7, 8108-4.7, and Section 8119-1.2 (Old Town Saticoy Development Code).

b.

Decisions of the Planning Director or designee on accessory dwelling units are final County decisions when rendered and are not subject to appeal.

(Add Ord. 4282—5/20/03; Ord. No. 4407, § 8, 10-20-2009; Ord. No. 4519, § 7, 2-27-2018; Ord. No. 4615, § 5, 2-7-2023; Ord. No. 4639, § 9, 12-17-2024)

The permittee and successors in interest shall be initially responsible for compliance with all applicable regulations and permit conditions. Should the permittee fail to comply with applicable requirements of this Chapter and permit conditions, the property owner and successors in interest shall be responsible for such compliance.

(Ord. No. 4639, § 9, 12-17-2024)

The inauguration of a use, construction of a structure, grading, or other preliminary site work, authorized or unauthorized, to establish a use for which an entitlement has been granted, shall constitute acceptance by the permittee and property owner of the conditions imposed on entitlements issued for such use or structure.

As a condition of approval for all discretionary entitlements, prior to issuance of a Zoning Clearance for construction and/or use inauguration of the subject permit, a "Notice of Land Use Entitlement" form provided by the Planning Division along with the applicable permit conditions shall be recorded in the chain of title for the subject property with the County Recorder to provide constructive notice of the permit and its conditions of approval.

(Add Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

a.

Pursuant to the Federal Fair Housing Act, and the California Fair Employment and Housing Act (the Acts), it is the policy of the County to provide individuals with disabilities reasonable accommodations in land use and zoning rules, policies, practices and procedures that may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling or housing opportunity. Requests for reasonable accommodation shall be processed in accordance with this Section.

b.

Reasonable accommodations may include, but are not limited to, setback area encroachments for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways that would not otherwise comply with required landscaping or open space area provisions; and building addition(s) necessary to afford the applicant an equal opportunity to use and enjoy a dwelling or housing opportunity.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

a.

An applicant may initiate a "Reasonable Accommodation Request" either orally or in writing. Although not required by the Acts, the Planning Division has created a Reasonable Accommodation Request application to streamline the process. While the County recommends that applicants utilize this application, the County will not require applicants to use a particular form or medium to initiate a Reasonable Accommodation Request.

b.

If the project for which the request is being made requires a discretionary decision, the County recommends that the applicant file the Reasonable Accommodation Request application concurrently with the application for discretionary approval. In this case, the review period for the Reasonable Accommodation Request shall be the same as the application review period for the discretionary decision.

c.

Although the applicant may be represented by an agent, the applicant must qualify as a protected individual under the Acts. The Acts require the reasonable accommodation process to be iterative and interactive. To ensure that the process is accessible to the applicant, Planning Division staff will assist applicants with submitting Reasonable Accommodation Requests or processing any appeals associated with such requests.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

Upon receipt of a Reasonable Accommodation Request, the Planning Director or designee shall review the request and make a determination whether to approve or deny it, in whole or in part. All references to the Planning Director in this Section 8111-9 shall include their designee. If additional information is needed to make a determination, the Planning Director shall request the necessary information from the applicant, in writing. The applicant shall provide the information prior to the Planning Director acting upon and/or making a determination on the Reasonable Accommodation Request.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

The Planning Director shall consider the following criteria in making a determination on a Reasonable Accommodation Request:

a.

The applicant seeking the accommodation(s) is a qualified individual protected under the Acts.

b.

When housing is the subject of the Reasonable Accommodation Request, the housing will be used by a qualified individual protected under the Acts.

c.

As applicable, the requested accommodation is necessary to make a dwelling or housing opportunity available to a qualified individual protected under the Acts.

d.

The requested accommodation(s) would not impose an undue financial or administrative burden on the County.

e.

The requested accommodation would not require a fundamental alteration in any County program, policy, practice, ordinance, and/or procedure, including zoning ordinances.

f.

The requested accommodation will not result in a direct and significant threat to the health or safety of other persons or substantial physical damage to the property of others.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

The Planning Director may impose conditions on the approval of a Reasonable Accommodation Request, which may include, but are not limited to, any or all of the following:

a.

Periodic inspection of the affected premises by the County's Code Compliance Division to verify compliance with this Section and any applicable conditions of approval;

b.

Removal of the improvements by the applicant when the accommodation is no longer necessary to afford the applicant an equal opportunity to use and enjoy the dwelling unit(s) or housing opportunity, if removal would not constitute an unreasonable financial burden;

c.

Expiration of the approval when the accommodation is no longer necessary to afford the applicant an equal opportunity to use and enjoy the dwelling unit or housing opportunity; and/or

d.

A requirement that the applicant advise the Planning Division if the applicant no longer qualifies as an individual with a disability under the Acts or if the accommodation granted is no longer reasonable or necessary to afford the applicant an equal opportunity to use and enjoy a dwelling unit(s) or housing opportunity.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

a.

Except as provided in Section 8111-9.2, not more than forty-five (45) days after receiving a completed Reasonable Accommodation Request, the Planning Director shall issue a written determination and shall set forth in detail the basis for the determination, the findings on the criteria set forth in Section 8111-9.4, and the conditions of approval. The determination shall be sent to the applicant by certified mail and shall give notice of the applicant's right to appeal as set forth in Section 8111-9.7.

b.

Upon the request of the Planning Director to the applicant to provide additional information pursuant to Section 8111-9.3, the 45-day determination period shall be stopped. Once the applicant provides the Planning Director the information requested, a new 45-day period shall begin.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

Within ten (10) calendar days of the date of the Planning Director's written determination, the applicant may file an appeal of the determination pursuant to Section 8111-7 of this Chapter. Appeals of decisions on Reasonable Accommodation Requests will be heard by the Planning Commission.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

Any grant of accommodation shall be personal to the applicant and shall not run with the land.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)