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Part 1 CONDITIONAL USE PERMITS

22.56.010 Conditional use defined--Purpose of permit.

 

A “conditional use,” as defined by this Title 22, means a use which because of characteristics peculiar to it, or because of size, technological process or type of equipment, or because of its location with reference to surroundings, street or highway width, traffic generation or other demands on public services, requires special consideration relative to placement at specific locations in the zone or zones where classified to insure proper integration with other existing or permitted uses in the same zone or zones. Pursuant to Part 1 of Chapter 22.56, such use, depending on the characteristics of the individual site and location within the zone where proposed, may be approved without conditions, or approved with conditions to insure proper integration with other existing or permitted uses in the same zone or zones, or such use may be denied. (Ord. 82-0024 § 7, 1982: Ord. 1494 Ch. 5 Art. 1 § 501.1, 1927.)

22.56.020 Application--Filing.

Any person desiring a conditional use permit required by or provided for in this Title 22 may file an application with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by the hearing officer, commission or board of supervisors on an application requesting the same, or substantially the same permit. (Ord. 85-0195 § 11 (part), 1985; Ord. 1494 Ch. 5 Art. 1 § 501.2, 1927.)

22.56.030 Application--Information required.

A. An application for a conditional use permit shall contain the following information:
1. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
2. Evidence that the applicant:
a. Is the owner of the premises involved, or
b. Has written permission of the owner or owners to make such application, or
c. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
d. In the case of a public agency, is negotiating to acquire a portion of the premises involved;
3. Location of subject property (address or vicinity);
4. Legal description of the property involved;
5. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;
6. Indicate the nature, condition and development of adjacent uses, buildings and structures; and
7. Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director, indicating:
a. The area and dimensions of proposed site for the requested use,
b. The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features:
8. Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
9. Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;
10. With each application, the applicant shall also file:
a. Maps in the number prescribed, and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 500 feet from the exterior boundaries of the subject parcel of land,
b. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 500-foot radius,
c. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject parcel of land and as owning property within a distance of 500 feet from the exterior boundaries of the parcel of land to be occupied by the use. One copy of said map shall indicate where such ownerships are located,
d. Proof satisfactory to the director that water will be available in quantities and pressures required by the Water Ordinance, set out at Division 1 of Title 20 of this code, or by a variance granted pursuant to said Division 1. The director may accept as such proof a certificate from the person who is to supply water that he can supply water as required by said Division 1 of Title 20, also stating the amount and pressure, which certificate also shall be signed by the forester and fire warden, or a certificate from the county engineer that such water will be available;
e. The director may waive the filing of one or more of the above items;
11. Such other information as the director may require.
B. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Ord. 90-0134 § 5, 1990; Ord. 1494 Ch. 5 Art. 1 § 501.3, 1927.)

22.56.040 Application--Burden of proof.

In addition to the information required in the application by Section 22.56.030 the applicant shall substantiate to the satisfaction of the hearing officer the following facts:
A. That the requested use at the location will not:
1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or
2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or
3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
C. That the proposed site is adequately served:
1. By highways or streets of sufficient width, and improved as necessary to carry the kind and quantity of traffic such use would generate, and
2. By other public or private service facilities as are required. (Ord. 85-0195 § 16 (part), 1985; Ord. 1494 Ch. 5 Art. 1 § 501.4, 1927.)

22.56.050 Application--Fee and deposit.

When an application is filed, it shall be accompanied by the filing fee and deposit as required in Section 22.60.100. (Ord. 1494 Ch. 5 Art. 1 § 501.5, 1927.)

22.56.060 Application--Denial for lack of information.

The hearing officer may deny, without a public hearing, an application for a conditional use permit if such application does not contain the information required by Sections 22.56.030 and 22.56.040. The hearing officer may permit the applicant to amend such application. (Ord. 85-0195 §§ 13 (part) and 14 (part), 1985; Ord. 1494 Ch. 5 Art. 1 § 501.6, 1927.)

22.56.070 Application--Public hearing required--Exception.

In all cases where an application for a conditional use permit is filed, except where the hearing officer grants the permit pursuant to Section 22.56.080 or the director grants the permit pursuant to Section 22.56.085, the public hearing shall be held pursuant to the procedure provided in Part 4 of Chapter 22.60. (Ord. 2008-0043 § 5, 2008: Ord. 2002-0043 § 6, 2002: Ord. 85-0195 § 21, 1985: Ord. 85-0009 § 7, 1985: Ord. 1494 Ch. 5 Art. 1 § 501.7, 1927.)

22.56.080 Permit--Granted following ex parte consideration--Exceptions.

Where the hearing officer finds that the use requested, subject to such conditions as he deems necessary, will comply with the findings required by Section 22.56.090, he may grant such permit without a public hearing except that this section does not apply to an application for the following:
-- Airports.
-- Amusement and entertainment enterprises and concessions, including all structural devices and contrivances designed and operated for patron participation and pleasure.
-- Circus winter quarters.
-- Colleges and universities.
-- Communication equipment buildings.
-- Correctional institutions.
-- Day nurseries.
-- Earth stations.
-- Electrical distribution substations.
-- Electric transmission substations.
-- Electric generating plants.
-- Golf courses, including the customary clubhouse and appurtenant facilities.
-- Golf driving ranges.
-- Guest ranches.
-- Heliports.
-- Helistops.
-- Hospitals.
-- Institutions for the aged, private.
-- Institutions for children, private.
-- Juvenile halls.
-- Land reclamation projects.
-- Landing strips.
-- Mobilehome parks.
-- Motor recreational facilities for the driving, testing and racing of automobiles, dune buggies, motorcycles, trail bikes or similar vehicles, including appurtenant facilities in conjunction therewith.
-- Nudist camps.
-- Oil wells.
-- Outdoor festivals.
-- Parking buildings.
-- Public utility service centers.
-- Race tracks.
-- Radio and television stations and towers.
-- Recreation clubs, private.
-- Rifle, pistol, skeet or trap ranges.
-- Sewage treatment plants.
(Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 1 § 501.8, 1927.)

22.56.085 Grant or denial of minor conditional use permit by director.

A. Any person filing an application for a conditional use permit may request the director to consider the application in accordance with this section for the following uses:
-- Joint live and work units, as provided in Part 19 of Chapter 22.52.
-- Mixed use developments, as provided in Part 18 of Chapter 22.52.
-- Wind energy conversion system, non-commercial (WECS-N).
B. The purpose of this section is to authorize the director’s ex parte consideration of applications that by their nature are limited in scope and impacts.
C. The director shall cause notice of the application to be mailed by first-class mail, postage pre-paid, to all those addresses on the list required by subsection A.10.c of Section 22.56.030 that are within a distance of 300 feet from the exterior boundaries of the parcel of land to be occupied by the requested use, and to such other persons whose property or interests might, in the director’s judgment, be affected by the request. The notice shall describe the project and also indicate that any individual may request a public hearing on the application by filing a written request with the director within 14 calendar days following the date on the notice.
D. Unless at least two requests for a public hearing have been filed with the director as provided in subsection C of this section, the director may grant such permit without a public hearing if the director finds that the use requested, subject to such conditions deemed necessary, will comply with the findings required by Section 22.56.090 and with any applicable requirements of Chapter 22.52, and if he further finds that the impacts of the use requested on safety, facilities and services, and natural resources are minor in nature.
E. The director shall notify the applicant and any persons who filed a timely request for a hearing of his decision. Any appeal from the director’s decision shall be filed with the hearing officer within 14 days following the date on the notice of director’s decision. The decision of the hearing officer may be appealed to the commission. All appeals shall be filed within the time period set forth in, and shall be subject to all of the other provisions of Part 5 of Chapter 22.60 except that the decision of the commission shall be final and effective on the date of the decision and shall not be subject to further administrative appeal. (Ord. 2008-0035 § 9, 2008; Ord. 2008-0026 § 5, 2008; Ord. 2002-0043 § 7, 2002.)

22.56.090 Application--Grant or denial--Findings and decision at public hearing.

A. The hearing officer shall approve an application for a conditional use permit where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
1. That the proposed use will be consistent with the adopted general plan for the area. Where no general plan has been adopted, this subsection shall not apply;
2. That the requested use at the location proposed will not:
a. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or
b. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or
c. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
3. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
4. That the proposed site is adequately served:
a. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and
b. By other public or private service facilities as are required.
B. The hearing officer shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate such findings to the satisfaction of the hearing officer.(Ord. 85-0195 § 22, 1985; Ord. 85-0009 § 8, 1985; Ord. 82-0024 § 8 (part), 1982; Ord. 1494 Ch. 5 Art. 1 § 501.9, 1927.)

22.56.100 Permit--Additional conditions imposed when.

A. The hearing officer, in approving an application for a conditional use permit, may impose such conditions as he deems necessary to insure that such use will be in accord with the findings required by Section 22.56.090. Conditions imposed by the hearing officer may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:
1. Special yards, open spaces and buffer areas;
2. Fences and walls;
3. Parking facilities, including vehicular ingress and egress and the surfacing or parking areas and driveways to specified standards;
4. Street and highway dedications and improvements, including sidewalks, curbs and gutters;
5. Water supply and fire protection in accordance with the provisions of Division 1 of Title 20 of this code;
6. Landscaping and maintenance of grounds;
7. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;
8. Regulation of operating hours for activities affecting normal neighborhood schedules and functions;
9. Regulation of signs, including outdoor advertising;
10. A specified validation period limiting the time in which development may begin;
11. Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;
12. A site plan indicating all details and data as prescribed in Title 22 of this code:
13. Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this Title 22.
B. The hearing officer may also approve the requested permit contingent upon compliance with applicable provisions of other ordinances. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 1 § 501.12, 1927.)

22.56.110 All zone regulations apply unless permit is granted.

Unless specifically modified by a conditional use permit, all regulations prescribed in the zone in which such conditional use permit is granted shall apply. (Ord. 1494 Ch. 5 Art. 1 § 501.22, 1927.)

22.56.140 Expiration date of unused permits.

A. A permit issued on or after January 21, 1937, which is not used within the time specified in such permit, or, if no time is specified, within two years after the granting of the permit, becomes null, void and of no effect at all:
1. That in all cases the hearing officer may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. In the case of a nonprofit corporation organized to provide low-income housing for the poor or elderly, the hearing officer may grant an additional one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension;
2. Repealed by Ord. 92-0032;
3. That in the case of a permit for a publicly owned use, no time limit shall apply to utilization of such permit provided that the public agency:
a. Within one year of the date of such approval either acquires the property involved or commences legal proceedings for its acquisition, and
b. Immediately after the acquisition of, or the commencement of legal proceedings for the acquisition of the property, posts such property with signs, having an area of not less than 20 square feet nor more than 40 square feet in area per face indicating the agency and the purpose of which it is to be developed. One such sign shall be placed facing and located within 50 feet of each street, highway or parkway bordering the property. Where the property in question is not bounded by a street, highway or parkway the agency shall erect one sign facing the street, highway or parkway nearest the property;
4. That, in the case of a conditional use permit filed and heard concurrently with a land division, the hearing officer shall specify the limits and extensions to be concurrent and consistent with those of the land division.
B. A conditional use permit shall be considered used, within the intent of this section, when construction or other development authorized by such permit has commenced that would be prohibited in the zone if no permit had been granted. (Ord. 92-0032 § 2, 1992; Ord. 85-0195 § 14 (part), 1985; Ord. 85-0009 § 9, 1985; Ord. 82-0003 § 3, 1982; Ord. 1494 Ch. 5 Art. 1 § 501.17, 1927.)

22.56.150 Expiration following cessation of use.

A conditional use permit granted by action of the hearing officer or the commission, shall automatically cease to be of any force and effect if the use for which such conditional use permit was granted has ceased or has been suspended for a consecutive period of two or more years. (Ord. 85-0195 § 10 (part), 1985; Ord. 1494 Ch. 5 Art. 1 § 501.19, 1927.)

22.56.160 Permit does not legalize nuisances.

Neither the provisions of this Part 1 nor the granting of any permit provided for in this Part 1 authorizes or legalizes the maintenance of any public or private nuisance. (Ord. 1494 Ch. 5 Art. 1 § 501.20, 1927.)

22.56.170 Continuing validity of permit.

A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this Title 22 shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land. (Ord. 1494 Ch. 5 Art. 1 § 501.23, 1927.)

22.56.180 Adequate water supply--Criteria.

If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted without a conditional use permit in the same zone, and will not comply with the provisions of Division 1 of Title 20 of this code, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 22.56.090. If the water appeals board grants a variance pursuant to any provision of Chapter 20.12 of said Division 1, permitting the proposed use with the existing or proposed water supply, this section shall not apply. (Ord. 1494 Ch. 1 § 501.11, 1927.)

22.56.195 Alcoholic beverage sales, for either on-site or off-site consumption.

Additional Findings Prerequisite to Permit.
A. This section applies to:
1. Establishments that do not currently, but propose to, sell alcoholic beverages, for either on-site or off-site consumption;
2. Establishments that currently sell alcoholic beverages but which propose to change the type of alcoholic beverages to be sold, by changing the type of retail liquor license within a license classification;
3. Establishments that currently sell alcoholic beverages, if the establishment substantially changes its mode or character of operation, which includes, but is not limited to:
a. A 10-percent increase in the floor area devoted to alcoholic beverage sales or inventory, or
b. A 25-percent increase in facing used for the display of alcoholic beverages; and
4. Establishments which have either been abandoned or discontinued operation for three months.
B. In addition to the findings required pursuant to subsection A of Section 22.56.090, the planning agency shall approve an application for a conditional use permit for alcoholic beverage sales where the information submitted by the applicant, or presented at public hearing, substantiates the following findings:
1. The requested use at the proposed location will not adversely affect the use of a place used exclusively for religious worship, school, park, playground or any similar use within a 600-foot radius; and
2. The requested use at the proposed location is sufficiently buffered in relation to any residential area within the immediate vicinity so as not to adversely affect said area; and
3. The requested use at the proposed location will not result in an undue concentration of similar premises; a separation of not less than 500 feet shall not be construed as undue concentration; provided, however, that the planning agency may find that the public convenience or necessity for an additional facility selling alcoholic beverages for off-site consumption, outweighs the fact that it is located within a 500-foot radius of any other facility selling alcoholic beverages for either on-site or off-site consumption, in which case the shelf space devoted to alcoholic beverages shall be limited to not more than five percent of the total shelf space in the establishment; and
4. The requested use at the proposed location will not adversely affect the economic welfare of the nearby community; and
5. The exterior appearance of the structure will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight, deterioration, or substantially diminish or impair property values within the neighborhood. (Ord. 92-0097 § 4, 1992.)

22.56.196 Medical marijuana dispensaries.

A. Purpose. This section is established to regulate medical marijuana dispensaries in a manner that is safe, that mitigates potential impacts dispensaries may have on surrounding properties and persons, and that is in conformance with the provisions of California Health and Safety Code section 11362.5 through section 11362.83, inclusive, commonly referred to as the Compassionate Use Act of 1996 and the Medical Marijuana Program.
B. Conditional use permit required. The establishment and operation of any medical marijuana dispensary requires a conditional use permit in compliance with the requirements of this section.
C. Application procedure.
1. County department review. In addition to ensuring compliance with the application procedures specified in Sections 22.56.020, 22.56.030, 22.56.040, 22.56.050, and 22.56.085, the director shall send a copy of the application and related materials to the department of health services, sheriff’s department, business license commission, and all other relevant county departments for their review and comment.
2. Disclaimer. A warning and disclaimer shall be put on medical marijuana zoning application forms and shall include the following:
a. A warning that dispensary operators and their employees may be subject to prosecution under federal marijuana laws; and
b. A disclaimer that the county will not accept any legal liability in connection with any approval and/or subsequent operation of a dispensary.
D. Findings. In addition to the findings required in Section 22.56.090, approval of a conditional use permit for a medical marijuana dispensary shall require the following findings:
1. That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community;
2. That the requested use at the proposed location will not adversely affect the use of any property used for a school, playground, park, youth facility, child care facility, place of religious worship, or library;
3. That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area; and
4. That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
E. Conditions of Use. The following standards and requirements shall apply to all medical marijuana dispensaries unless a variance is granted pursuant to Part 2 of Chapter 22.56:
1. Location.
a. Dispensaries shall not be located within a 1,000-foot radius of schools, playgrounds, parks, libraries, places of religious worship, child care facilities, and youth facilities, including but not limited to youth hostels, youth camps, youth clubs, etc., and other similar uses.
b. Dispensaries shall not be located within a 1,000-foot radius of other dispensaries.
2. Signs.
a. Notwithstanding the wall sign standards specified in subsection A of Section 22.52.880, dispensaries shall be limited to one wall sign not to exceed 10 square feet in area.
b. Notwithstanding the building identification sign standards specified in subsection A.3 of Section 22.52.930, dispensaries shall be limited to one building identification sign not to exceed two square feet in area.
c. Notwithstanding the provisions of subsection E of Section 22.52.880 and subsection C of Section 22.52.930, dispensary wall and building identification signs may not be internally or externally lit.
d. All dispensaries shall display on their wall sign or identification sign, the name and emergency contact phone number of the operator or manager in letters at least two inches in height.
e. Dispensaries shall post a legible indoor sign in a conspicuous location containing the following warnings:
i. That the diversion of marijuana for non-medical purposes is a violation of state law;
ii. That the use of medical marijuana may impair a person’s ability to drive a motor vehicle or operate machinery; and
iii. That loitering on and around the dispensary site is prohibited by California Penal Code section 647(e).
3. Hours of Operation. Dispensary operation shall be limited to the hours of 7:00 a.m. to 8:00 p.m.
4. Lighting.
a. Lighting shall adequately illuminate the dispensary, its immediate surrounding area, any accessory uses including storage areas, the parking lot, the dispensary’s front façade, and any adjoining public sidewalk to the director’s satisfaction.
b. Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.
5. Graffiti. The owner(s) of the property on which a dispensary is located shall remove graffiti from the premises within 24 hours of its occurrence.
6. Litter. The owner(s) of a property on which a dispensary is located shall provide for removal of litter twice each day of operation from, and in front of, the premises.
7. Alcohol prohibited. Provision, sale, or consumption of alcoholic beverages on the grounds of the dispensary, both interior and exterior, shall be prohibited.
8. Edibles. Medical marijuana may be provided by a dispensary in an edible form, provided that the edibles meet all applicable county requirements. In addition, any beverage or edible produced, provided, or sold at the facility which contains marijuana shall be so identified, as part of the packaging, with a prominent and clearly legible warning advising that the product contains marijuana and that is to be consumed only with a physician’s recommendation.
9. On-site consumption. Medical marijuana may be consumed on-site only as follows:
a. The smoking of medical marijuana shall be allowed provided that appropriate seating, restrooms, drinking water, ventilation, air purification system, and patient supervision are provided in a separate room or enclosure; and
b. Consumption of edibles by ingestion shall be allowed subject to all applicable county requirements.
10. Devices for inhalation. Dispensaries may provide specific devices, contrivances, instruments, or paraphernalia necessary for inhaling medical marijuana, including, but not limited to, rolling papers and related tools, pipes, water pipes, and vaporizers. The above may only be provided to qualified patients or primary caregivers and only in accordance with California Health and Safety Code section 11364.5.
11. Security. Dispensaries shall provide for security as follows:
a. An adequate and operable security system that includes security cameras and alarms to the satisfaction of the director; and
b. A licensed security guard present at all times during business hours. All security guards must be licensed and possess a valid department of consumer affairs “security guard card” at all times.
12. Cultivation and cuttings. Marijuana shall not be grown at dispensary sites, except that cuttings of the marijuana plant may be kept or maintained on-site for distribution to qualified patients and primary caregivers as follows:
a. The cuttings shall not be utilized by dispensaries as a source for the provision of marijuana for consumption on-site, however, upon provision to a qualified patient or primary caregiver, that person may use the cuttings to cultivate marijuana plants off-site for their own use and they may also return marijuana from the resulting mature plant for distribution by the dispensary.
b. For the purposes of this Section, the term “cutting” shall mean a rootless piece cut from a marijuana plant, which is no more than six inches in length, and which can be used to grow another plant in a different location.
13. Loitering. Dispensaries shall ensure the absence of loitering consistent with California Penal Code section 647(e).
14. Distribution of emergency phone number. Dispensaries shall distribute the name and emergency contact phone number of the operator or manager to anyone who requests it.
15. Minors. It shall be unlawful for any dispensary to provide medical marijuana to any person under the age of 18 unless that person is a qualified patient or is a primary caregiver with a valid identification card in accordance with California State Health and Safety Code section 11362.7.
16. Compliance with other requirements. Dispensaries shall comply with applicable provisions of the California Health and Safety Code section 11362.5 through section 11362.83, inclusive, and with all applicable county requirements.
17. Additional conditions. Prior to approval of any dispensary, the director, hearing officer, or the regional planning commission may impose any other conditions deemed necessary for compliance with the findings specified in subsection D of this section.
18. Release of the county from liability. The owner(s) and permittee(s) of each dispensary shall release the county, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of dispensary owners, operators, employees, or clients for violation of state or federal laws in a form satisfactory to the director.
19. County indemnification. The owner(s) and permittee(s) of each dispensary shall indemnify and hold harmless the county and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to the operations at the dispensary, and for any claims brought by any of their clients for problems, injuries, damages or liabilities of any kind that may arise out of the distribution and/or on- or off-site use of marijuana provided at the dispensary in a form satisfactory to the director.
F. Previously existing dispensaries. Notwithstanding the provisions of Part 10 (Nonconforming Uses, Buildings and Structures) of Chapter 22.56, dispensaries determined not to be operating illegally which were established prior to the effective date of this ordinance, shall be brought into full compliance with the provisions of this section within one year of the effective date of the ordinance establishing this section.
G. Liability. The provisions of this Section shall not be construed to protect dispensary owners, permittees, operators, and employees, or their clients from prosecution pursuant to any laws that may prohibit the cultivation, sale, use, or possession of controlled substances. Moreover, cultivation, sale, possession, distribution, and use of marijuana remain violations of federal law as of the date of adoption of the ordinance creating this section and this section is not intended to, nor does it, protect any of the above described persons from arrest or prosecution under those federal laws. Owners and permittees must assume any and all risk and any and all liability that may arise or result under state and federal criminal laws from operation of a medical marijuana dispensary. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the County of Los Angeles or the County of Los Angeles itself, shall not become a personal liability of such person or the liability of the county. (Ord. 2006-0032 § 4, 2006.)

22.56.200 Building bulk provisions.

The building bulk provisions prescribed in the various zones shall not apply to uses permitted by conditional use permit. In granting a conditional use permit, the hearing officer shall prescribe the height limit, maximum lot coverage or floor-area ratio for the use approved. Where the hearing officer fails to specify said height limit, maximum lot coverage or floor-area ratio, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified. (Ord. 85-0195 § 23, 1985; Ord. 1494 Ch. 5 Art. 1 § 501.10, 1927.)

22.56.205 Density-controlled development--Additional regulations.

A. Unless otherwise specified as a condition of grant, all standards of development of the zone in which a density-controlled development is proposed shall be deemed to be conditions of every conditional use permit granted for such development, whether such conditions are set forth in the conditional use permit or not.
B. In approving a conditional use permit for density controlled development, the hearing officer shall impose conditions pertaining to the following, which may not be modified except by Part 2 of Chapter 22.56:
1. The Preservation of Commonly Owned Areas.
a. The hearing officer shall require the permanent reservation of all commonly owned areas. Such reservation shall be by establishment of a homeowners’ association, maintenance district or other appropriate means or methods to insure to the satisfaction of the commission the permanent reservation and continued perpetual maintenance of required commonly owned areas.
b. As a means to further insure the reservation of commonly owned areas, the hearing officer shall also require that where lots or parcels of land are sold or otherwise separated in ownership, no dwelling unit shall be sold, conveyed or otherwise alienated or encumbered separately from an undivided interest in any commonly owned areas comprising a part of such development. Such undivided interest shall include either:
i. An undivided interest in the commonly owned areas; or
ii. A share in the corporation or voting membership in an association owning the commonly owned area, where approved as provided in this Section 22.56.205.
2. Dwelling Unit Type. The hearing officer shall require that all dwelling units be single-family residences unless a townhouse development is requested and approved.
3. Location, Separation and Height of Buildings. The hearing officer shall impose conditions as he deems necessary to govern the location, separation and height of buildings to insure compatible placement on the proposed site and with relationship to the surrounding area. This provision shall not be deemed to permit approval of a greater height than is permitted in the zone where development is proposed.
C. In addition to conditions imposed pursuant to Section 22.56.100, in approving a density-controlled development, the hearing officer may impose conditions pertaining to the following:
1. Location of Automobile Parking Facilities. Where the hearing officer determined that the proposed development will contain design features offering amenities equal to or better than a development plan incorporating required automobile parking facilities on the same lot or parcel of land, such automobile parking may be located on a separate lot or parcel, provided that such automobile parking facility is:
a. In full compliance with all other provisions of Part 11 of Chapter 22.52; and
b. Located on a separate lot or parcel of land under common ownership; and
c. Conveniently located and easily accessible to the dwelling it is intended to serve; and
d. Not greater than 200 feet from the residence it is intended to serve.
2. Architecture. The hearing officer may impose conditions governing the suitability of architecture as necessary to integrate the proposed development project within the proposed site and the surrounding area, including appearance of the proposed development from surrounding property.
3. Yards. The hearing officer may modify any or all yard requirements of the basic zone wherein a density-controlled development is proposed. In reaching his determination to modify the yard requirements and to what extent the hearing officer shall base its decision on whether such modification will:
a. Encourage design features promoting amenities equal to or better than a development plan incorporating required yards; and
b. Assist in integrating the proposed development in relation to location on the site and its relationship to the surrounding area. Nothing in this subsection shall be construed to prohibit the imposition of yards exceeding the minimum provided in the zone.
4. Landscaping. The hearing officer may require a plan for the landscaping of any or all parts of the development be submitted to and approved by the hearing officer in order to insure that the development will be complementary to, and compatible with, the uses in the surrounding area.
5. Utilities. The hearing officer may require the applicant to submit to the hearing officer, and it may be made a condition of approval for a density-controlled development, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development. (Ord. 85-0195 § 14, 1985; Ord. 82-0003 § 4 (part), 1982.)

22.56.210 Grading project, off-site transport--Requirements for compliance.

Grading projects, off-site transport, requiring a conditional use permit shall comply with the following requirements:
A. A grading permit, when required, shall first be obtained as provided in the Building Code set out at Title 26 of this code before the commencement of any grading project, off-site transport.
B. The application for a conditional use permit shall contain statements setting forth the following information, in addition to that required by Section 22.56.030:
1. The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed from and transported to;
2. The names and addresses of the persons who will be conducting the operations proposed;
3. The ultimate proposed use of the lot or parcel of land;
4. Such other information as the director finds necessary in order to determine whether the application should be granted.
C. The applicant shall submit a map showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets and highways, and the location to which such material is to be imported.
D. All hauling as approved under this section shall be restricted to a route approved by the road commissioner.
E. Compliance shall be made with all applicable requirements of other county departments and other governmental agencies.
F. If any condition of this section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.
G. Neither the provisions of this section nor the granting of any permit provided for in this Part 1 authorizes or legalizes the maintenance of a public or private nuisance. (Ord. 1494 Ch. 5 Art. 1 § 501.14, 1927.)

22.56.215 Hillside management and significant ecological areas--Additional regulations.

A.1. Permit Required. Except as specified in subsection C, prior to the issuance of any building or grading permits, the relocation of two or more property lines between three or more contiguous parcels in a coordinated effort as determined by the Director of Planning regardless of the ownership of the involved parcels and regardless of whether the relocations are applied for concurrently or through multiple or successive applications, approval of a minor land division or subdivision, or the commencement of any construction or enlargement of any building or structure on a lot or parcel which is in or partly in an area designated in the County General Plan and related maps as a significant ecological area or within a hillside management area as specified herein, a conditional use permit shall be applied for and approved as provided by this section.
2. A conditional use permit is required in hillside management areas when:
a. The property contains any area with a natural slope of 25 percent or more in an urban hillside management area proposed to be developed with residential uses at a density exceeding the midpoint of the range of densities established by an adopted areawide, community or specific plan covering the areas in which the proposed development is located. Where there is no adopted areawide, community or specific plan, the applicable density range shall be established by the land use element of the General Plan.
b. The property contains any area with a natural slope of 25 percent or more in a nonurban hillside management area proposed to be developed, with residential uses at a density exceeding the low-density threshold established for such property pursuant to subsection E.
B. Intent and Purpose of Regulations.
1. A conditional use permit is required in order to protect resources contained in significant ecological areas and in hillside management areas as specified in the county General Plan from incompatible development, which may result in or have the potential for environmental degradation and/or destruction of life and property. In extending protection to these environmentally sensitive areas, it is intended further to provide a process whereby the reconciliation of potential conflict within these areas may equitably occur. It is not the purpose to preclude development within these areas but to ensure, to the extent possible, that such development maintains and where possible enhances the remaining biotic resources of the significant ecological areas, and the natural topography, resources and amenities of the hillside management areas, while allowing for limited controlled development therein.
C. Exemptions from Permit. Permit exemptions include:
1. Accessory buildings and structures as defined in this title;
2. Additions or modifications to existing residences; provided, however, that such additions or modifications do not increase the number of families that can be housed in said residences;
3. Individual single-family residences where not more than one such residence is proposed to be built by the same person on contiguous lots or parcels of land. This exemption shall not apply to the relocation of two or more property lines between three or more contiguous parcels as described in subsection A.1. of this section;
4. In hillside management areas only (these provisions shall not apply where the subject property is also within a significant ecological area):
a. Issuance of building permits pursuant to a final map where project grading has commenced in accordance with an approved grading permit,
b. Development proposals which are so designed that all areas within the project which have a natural slope of 25 percent or greater remain in a completely natural state. the director shall make this determination using the proposed development plan, slope maps and any other material he deems necessary;
5. Final maps and development approvals (permits) related thereto which are in substantial conformance with a tentative map approved or extended by the county of Los Angeles since December 31, 1978, except as California state law may otherwise specify;
6. Complete applications for development proposals which were filed for approval prior to February 5, 1981, except at the specific request of the applicant. This exemption shall also apply to the refiling of applications which were denied solely by reason of Sections 65950 through 65967 of the Government Code and were originally filed prior to February 5, 1981. Any development proposals within this exemption still must be consistent with the county of Los Angeles’ adopted General Plan;
7. Property located in both a significant ecological area and a sensitive environmental resource area; provided, however, that this exception applies only to the significant ecological area regulations and does not apply to the provisions related to hillside management.
D. Additional Contents of Application. In addition to the material specified in Section 22.56.030, an application for a conditional use permit for hillside management or significant ecological areas shall contain the following information:
1. In all applications:
a. Panoramic or composite photographs from all major corners of the subject property and from major elevated points within the property;
b. Maps showing the existing topography of the subject property. Commercially available maps may be deemed acceptable:
i. One copy of such map shall identify the locations of all drainage patterns, watercourses and any other physical features which are customarily found on topographical maps prepared by the United States Geological Survey,
ii. A second copy shall delineate all property having a natural slope of 25 to 49.99 percent, and a natural slope of 50 percent or more;
c. A grading plan to a scale satisfactory to the director indicating all proposed grading, including the natural and finished elevations of all slopes to be graded;
d. The following, if the construction of dwelling or other structures are part of the proposed project:
i. Exterior elevation drawings, to a scale satisfactory to the director, indicating proposed building heights and major architectural features, and
ii. Plans for decorative landscaping, showing the location of proposed groundcover areas, shrub mass, and existing and proposed tree locations for common or open space areas not left in a natural state. Such plan shall also include botanical and common names of all planting materials;
2. In hillside management areas, the following additional information:
a. Geology and soil reports indicating active or potentially active faults at and near the proposed site and the stability of the area within the various slope categories used in this section,
b. For proposed residential uses in areas identified as nonurban hillside management areas in the General Plan, the number of acres within the following slope categories, as determined by a licensed civil engineer, licensed land surveyor or a registered geologist:
i. Zero to 24.99 percent natural slope,
ii. 25 to 49.99 percent natural slope,
iii. 50 percent or greater natural slope;
3. In significant ecological areas, the following additional information:
a. Identification and location of the resources constituting the basis for classification of such area as a significant ecological area where not provided by the environmental assessment or the initial study for an environmental document;
b. Proposed natural open areas, buffer areas, or other methods to be used to protect resource areas from the proposed use;
Such other information as the planning director determines to be necessary for adequate evaluation. The planning director may waive one or more of the above items where he deems such item(s) to be unnecessary to process the application.
E. Calculation of Thresholds in Nonurban Hillside Management Areas. Density thresholds for residential uses in nonurban hillside management areas shall be calculated using the analysis of slope categories required by Subsection D2b, as follows:
1. Low-density Threshold. The low-density threshold for a proposed development shall be determined by:
a. Multiplying the number of acres in each of the following slope categories by the density threshold indicated as follows:
i. One dwelling unit per five acres of land within the zero to 24.99 percent natural slope category,
ii. One dwelling unit per 10 acres of land within the 25 to 49.99 percent natural slope category,
iii. One dwelling unit per 20 acres of land within the 50 percent and above natural slope category;
b. The resulting total number of dwelling units obtained by adding all three categories is then divided by the total acreage of the project, obtaining the low-density threshold applicable to such project.
2. Determination if Conditional Use Permit Required. If the density per acre of the proposed development exceeds the low-density threshold of such development obtained in subsection E1 above, a conditional use permit is required.
3. Maximum Density Permitted. The maximum density for a proposed development shall be that permitted by the adopted areawide, community or specific plan for the area in which the proposed development is located. Where there is no adopted areawide, community or specific plan, the maximum density shall be that established by the land use element of the General Plan. However, in no event shall the maximum overall density permitted for a proposed development exceed a total of one dwelling unit per acre for slopes of less than 50 percent, plus one dwelling unit per 20 acres for slopes of 50 percent or greater.
F. Burden of Proof. The application for a conditional use permit-hillside management and significant ecological areas shall substantiate to the hearing officer the following facts:
1. Hillside Management Areas.
a. That the proposed project is located and designed so as to protect the safety of current and future community residents, and will not create significant threats to life and/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard, and
b. That the proposed project is compatible with the natural, biotic, cultural, scenic and open space resources of the area, and
c. That the proposed project is conveniently served by (or provides) neighborhood shopping and commercial facilities, can be provided with essential public services without imposing undue costs on the total community, and is consistent with the objectives and policies of the General Plan, and
d. That the proposed development demonstrates creative and imaginative design, resulting in a visual quality that will complement community character and benefit current and future community residents;
2. Significant Ecological Areas.
a. That the requested development is designed to be highly compatible with the biotic resources present, including the setting aside of appropriate and sufficient undisturbed areas, and
b. That the requested development is designed to maintain water bodies, watercourses, and their tributaries in a natural state, and
c. That the requested development is designed so that wildlife movement corridors (migratory paths) are left in an undisturbed and natural state, and
d. That the requested development retains sufficient natural vegetative cover and/or open spaces to buffer critical resource areas from said requested development, and
e. That where necessary, fences or walls are provided to buffer important habitat areas from development, and
f. That roads and utilities serving the proposed development are located and designed so as not to conflict with critical resources, habitat areas or migratory paths.
G. Hearings. In all cases where formal filing for a conditional use permit-hillside management and significant ecological areas is submitted, a public hearing shall be held pursuant to current procedures. In all cases, however, where a conditional use permit-hillside management and significant ecological areas is filed and processed as a single application with a land division case, such public hearings shall be held concurrently.
H. Director’s Report.
1. In all cases where a public hearing is required, the director shall prepare a report to the hearing officer containing, but not limited to, the following:
a. Detailed review of the applicant’s development proposal, including:
i. Appraisal of measures proposed to avoid or mitigate identified natural hazards, and
ii. Appraisal of measures taken to protect scenic, biotic and other resources, and
iii. Recommended changes in the proposed development necessary or desirable to achieve compliance with the findings required by subsection I of this section and the provisions of the General Plan, and
iv. Recommended conditions to be imposed to insure that the proposed development will be in accord with the findings required by subsection I and the provisions of the General Plan;
b. In cases where the proposed development would impact a significant ecological area and where such information is not included in the environmental document, identification and location of the resources constituting the basis for classification of such area as a significant ecological area.
2. The director, in developing such a report and recommendation, will consult with appropriate agencies and will compile the recommendations and comments of such agencies, including any recommendation of SEATAC. Developments which are located in the Malibu Coastal Zone which are in both a significant ecological area and a sensitive environmental resource area shall be evaluated by the ERB pursuant to the provisions of Part 6 of Chapter 22.44 in lieu of SEATAC to assure the protection of the resources contained in these areas.
I. Findings and Decision. The hearing officer shall not approve an application for a conditional use permit-hillside management and significant ecological areas unless it finds that the proposal is consistent with the General Plan and:
1. In hillside management areas:
a. That the burden of proof set forth in subsection F of this section has been met by the applicant, and
b. That the approval of proposed dwelling units exceeding the number permitted by the low-density threshold for the proposed development in nonurban hillsides or the midpoint of the permitted density range in urban hillsides is based on the ability to mitigate problems of public safety, design and/or environmental considerations, as provided in this section and the General Plan;
2. In significant ecological areas, that the burden of proof set forth in subsection F has been met by the applicant.
J. Conditions. Every conditional use permit-hillside management and significant ecological areas shall be subject to the following conditions. All of the following conditions shall be deemed to be conditions of every conditional use permit-hillside management and significant ecological areas, whether such conditions are set forth in the permit or not. The hearing officer, in granting the conditional use permit-hillside management and significant ecological areas, may impose additional conditions, but may not change or modify any of the following conditions except as otherwise provided herein and/or pursuant to the provisions of Part 2 of Chapter 22.56;
1. Hillside Management Areas.
a. Open Space. Open space shall comprise not less than 25 percent of the net area of a residential development in an urban hillside management area, and not less than 70 percent of the net area of a residential development in a nonurban hillside management area. Subject to the approval of the hearing officer, such open space may include one or more of the following:
i. Undisturbed natural areas,
ii. Open space for passive recreation,
iii. Private yards, provided that certain construction rights are dedicated,
iv. Parks and open recreational areas,
v. Riding, hiking and bicycle trails,
vi. Landscaped areas adjacent to streets and highways,
vii. Greenbelts,
viii. Areas graded for rounding of slopes to contour appearance,
ix. Such other areas as the hearing officer deems appropriate;
b. Landscaping. Where appropriate, a plan for landscaping common or open space areas not to be left in a natural state shall be submitted to and approved by the hearing officer. Where a landscaping plan has not been submitted to the hearing officer as part of this application, said plan shall be submitted to and approved by the director prior to the issuance of any grading or building permit. Appeal of the director’s decision shall be as provided in Section 22.56.1750;
c. Utilities. The applicant shall submit to the hearing officer, and it shall be made a condition of approval, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development. This requirement may be waived where it would cause undue hardship or constitute an unreasonable requirement;
d. Residential Density. The hearing officer shall, as a condition of approval, designate the maximum number of dwelling units permitted in a residential development as follows:
i. In urban hillside management areas, a number between the midpoint and the maximum number of dwelling units permitted by the range of densities established by an adopted areawide, community or specific plan covering the areas in which the proposed development is located. Where there is no adopted areawide, community or specific plan, the applicable density range should be established by the land use policy map of the General Plan, but not to exceed the number permitted by this Title 22;
ii. In nonurban hillside management areas, a number between the low-density threshold and the maximum number of dwelling units established for such property pursuant to subsection E of this section, but not to exceed the number permitted by this title 22;
e. Architectural Features. Where not submitted to the hearing officer as part of this application, exterior elevation drawings indicating building heights and major architectural features shall be submitted to and approved by the director prior to the issuance of any building permit. Appeal of the director’s decision shall be as provided in Section 22.56.1750.
2. Significant Ecological Areas. The hearing officer shall, as a condition of approval, require that the proposed development plan incorporates those measures necessary to protect identified resources and meet the burden of proof described in subsection F of this section. (Ord. 2009-0029 § 1, 2009; Ord. 98-0001 § 1, 1998; Ord. 92-0037 § 7, 1992; Ord. 85-0195 § 14 (part), 1985; Ord. 84-0160 § 1, 1984; Ord. 82-0086 § 1, 1982; Ord. 82-0003 § 1, 1982.)

22.56.220 Hotels in Zone R4--Additional conditions.

In addition to conditions imposed pursuant to Section 22.56.100 in approving a conditional use permit for a hotel in Zone R-4, the hearing officer shall specify the following, which shall be made conditions of such grant:
A. The maximum number of guest rooms and/or suites of guest rooms permitted per net acre, subject to the following criteria:
1. Where the hearing officer finds:
a. That the proposed site is served by one or more major or secondary highways, parkways or local streets having a minimum width of 80 feet, and
b. That such highways, parkways or streets are improved as necessary to carry the kind and quantity of traffic to be generated, and
c. That provisions for access and circulation to adequately accommodate such traffic are provided, the commission may approve a maximum of 75 guest rooms per net acre;
2. Where the hearing officer finds that the proposed site is not served by highways, parkways or local streets having a minimum width of 80 feet, the number of guest rooms approved shall not exceed 50 guest rooms per net acre;
3. In computing the allowable number of guest rooms, each guest suite shall be considered the equivalent of two guest rooms;
4. In any case where the hearing officer fails to specify the total number of guest rooms permitted, it shall be deemed to be 50 per net acre;
B. The number and location of guest rooms and/or suites, if any, permitted to have bar sinks and/or gas, electrical or water outlets designed or intended to be used for cooking facilities, subject to the following criteria which also shall be made conditions of grant:
1. That the design of such hotel including lobbies, service areas, dining and kitchen facilities, location and number of elevators, and other features, indicate that the building is intended to be used for transient occupancy as a hotel rather than as dwelling units for permanent occupancy, and
2. That the applicant indicates that he will operate a facility where at least 90 percent of the guest rooms and suites will be rented or hired out to be occupied on a temporary basis by guests staying 30 days or less, and
3. That the applicant indicates that he will register such hotel with the Los Angeles County tax collector as provided by Chapter 4.72 of this code, Transient Occupancy Tax.
4. In any case where the hearing officer fails to specifically approve such bar sinks and/or gas, electrical or water outlets, they shall be deemed to be prohibited. (Ord. 85-0195 §§ 13 (part) and 14 (part), 1985; Ord. 1494 Ch. 5 Art. 1 § 501.26, 1927.)

22.56.225 Wineries--Additional conditions.

A. In approving a conditional use permit for a winery, the hearing officer shall specify the following, which shall be made conditions of such grant in addition to conditions imposed pursuant to Section 22.56.100, except that the hearing officer may modify any of the conditions set forth in subsections (A)(1) through (A)(6) of this section:
1. The winery shall be operated in conjunction with existing vineyards located on the same or adjacent parcels of land owned or leased by the applicant, except that the hearing officer may modify this requirement as long as such parcels are located within five miles of the winery and the winery is not located within one mile of the Santa Monica Mountains National Recreation Area. This distance shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the parcel on which the winery is to be established to the nearest property lines of the vineyards;
2. The subject winery and vineyards shall be located on parcels of land with a combined area of not less than five acres. The area used to calculate this minimum acreage shall not include any portion of a parcel with a slope of 50 percent or more. The applicant shall submit a site plan showing the existing topography of the subject properties and delineate any land with a slope of 50 percent or more;
3. The annual production capacity of the winery shall not exceed 50,000 gallons of wine, of which not less than 50 percent of the wine shall be produced from grapes cultivated on the parcels of land designated on the site plan in satisfaction of subsections (A)(1) and (A)(2) of this section. The annual production capacity and storage limits of the winery shall not exceed those specified in the conditions of the permit;
4. Where approved in the conditional use permit, winery-related incidental visitor-serving uses including, but not limited to, the following may be permitted: (a) the sale of wine produced on the premises; (b) winery tours and wine tasting by appointment only; (c) noncommercial social activities; and (d) noncommercial food service. These visitor-serving uses shall be directly related to and clearly secondary to the winery. Adequate parking, fire protection, water supply, and sanitation facilities for these visitor-serving uses shall be required;
5. Structures for the winery, visitor-serving uses, and/or private waste disposal system shall be located not less than 50 feet from exterior lot lines and 100 feet from any stream banks. They shall be located and designed to minimize adverse impacts to adjoining properties and to minimize water quality impacts to nearby streams, with design features and/or best management practices such as, but not limited to, fences, walls, landscaping, and buffer areas;
6. Amplified sound and/or live music are prohibited;
7. Sound levels of the winery operations and visitor-serving uses shall comply with noise standards for residential properties as specified in Section 12.08.390;
8. Parking and loading shall be provided in accordance with Part 11 of Chapter 22.52;
9. Operating hours of the winery and, where applicable, visitor-serving uses shall be as specified in the conditions of the permit, recognizing the unique requirements of winery operations during the harvest season;
10. Winery operations, visitor-serving uses, and/or private sewage disposal systems shall be conducted in accordance with applicable department of health services, department of public works, and California Regional Water Quality Control Board standards and requirements. In no case shall any waste be treated, stored, or disposed of in a manner that could result in runoff into any surface stream or leach into groundwater; and
11. The conditional use permit shall be contingent upon the applicant obtaining all required permits and complying with all applicable provisions of state and local laws, ordinances, regulations, and policies.
B. In addition to the information required by Section 22.56.030, the application shall contain the following information:
1. Where private waste disposal systems are to be utilized, they shall be adequate to serve the use. The director may accept clearance and/or recommendations from the department of public works, department of health services, and California Regional Water Quality Control Board in satisfaction of this requirement. Such recommendations shall be considered in determining conditions of approval;
2. There shall be sufficient water supply for the use. The director may accept clearance and/or recommendations from the department of public works or the county forester and fire warden in satisfaction of this requirement. Such recommendations shall be considered in determining conditions of approval; and
3. There shall be no adverse soil erosion or sedimentation impacts on water quality from any building, grading, or excavation. Preliminary geologic/soils reports, drainage, and/or grading plans shall be submitted where required by the director of public works. The director may accept clearances and/or recommendations from the department of public works and California Regional Water Quality Control Board in satisfaction of this requirement. Such recommendations shall be considered in determining conditions of approval. (Ord. 2000-0056 § 7, 2000.)

22.56.230 Off-site transport for public construction--Exemptions from permit requirement.

A conditional use permit for grading projects, off-site transport, shall not be required if such use is in conjunction with:
A. Any work of construction or repair by the county or any district of which the board of supervisors of the county is ex officio the governing body; or
B. Construction or repair by the county or such district performed by force account; or
C. Construction, maintenance or repair of any “state water facilities,” as defined in Section 12934 of the State Water Code. (Ord. 1494 Ch. 5 Art. 1 § 501.15, 1927.)

22.56.235 Senior citizens residences--Additional conditions.

In addition to the conditions imposed pursuant to Section 22.56.100, when approving a conditional use permit for a senior citizen residence, the hearing officer or the commission shall specify the following, which shall be made conditions of each grant. Except for the mandatory conditions imposed by subsections A through E, the commission or the hearing officer, in granting the conditional use permit, may change or modify any other of the conditions contained in this section:
A. Not more than two persons, one of whom is not less than 62 years of age or is a person with a disability as defined in this title, shall live in the senior citizen residence at any one time; and
B. The property owner shall furnish and record an agreement in the office of the county recorder of Los Angeles County, as a covenant running with the land for the benefit of the county of Los Angeles, providing that should the senior citizen residence be occupied in a manner not in conformity with subsection A of this section, the building or portion thereof shall be removed or modified to be in conformance with the provisions of Zone R-1 relating to accessory use; and
C. Every three years following the effective date of the permit, the applicant(s) or his successor(s) in interest shall without individual notice or demand from the planning agency provide the director with an affidavit, made under penalty of perjury, indicating that conditions regarding restrictions on occupancy have been complied with. Said affidavit shall indicate the name(s), age(s), and/or the disabling condition (if disabled) of the occupant(s) of the senior citizen residence. Said affidavit shall be signed by the applicant(s) or his successor(s) in interest, and by the subject resident(s). If an affidavit is not provided within one month of the due date, the permit shall be null and void, and the residence shall be removed or modified to be in conformance with the provisions of Zone R-1 relating to accessory use; and
D. The lot or parcel of land on which a senior citizen residence is to be constructed shall contain a single-family residence as the primary use; and
E. A detached senior citizen residence shall be clearly subordinate to the principal dwelling on the lot, and shall contain no more than 1,200 square feet of floor area, and shall be separated from the primary residence as specified by Title 26 (Building Code). An attached senior citizen residence shall not exceed 30 percent of the existing floor area of the primary residence; and
F. A senior citizen residence shall be compatible in terms of external appearance with existing residences in the vicinity of the lot or parcel of land on which it is proposed to be constructed; and
G. The lot or parcel of land on which a senior citizen residence is to be located shall be at least 5,000 square feet in area; and
H. A single-family residence located on a lot or parcel of land on which a senior citizen residence is constructed shall comply with the parking requirements specified in Part 11 of Chapter 22.52; and
I. Where a senior citizen residence is to be constructed, one standard-size automobile parking space, which may be uncovered, shall be created to serve such residence. Such parking space shall not be located in the front or side yards, but may be developed in tandem with parking spaces required to serve the primary residence; and
J. A senior citizen residence shall not be constructed on a lot or parcel of land on which an existing caretaker’s residence or detached living quarters for guests or servants is located; and
K. Mobilehomes which are to be used as a senior citizens residence shall comply with subsections A and B of Section 22.56.890. Mobilehomes on nonpermanent foundations shall also comply with subsection C of said section. (Ord. 92-0079 § 3, 1992: Ord. 89-0060 § 1, 1989; Ord. 85-0195 § 24, 1985; Ord. 83-0006 § 14, 1983.)

22.56.240 Signs.

The sign provisions prescribed in residential, agricultural and watershed (W) zones shall not apply to uses granted by conditional use permit. In granting a conditional use permit, the hearing officer may approve signing which he deems appropriate for such use; provided, however, that no sign or signs may be authorized that would not be permitted in Zone C-1 by the provisions of Part 10 of Chapter 22.52. Where the hearing officer fails to specifically approve such signs, those provisions applicable to principal permitted uses in the specific zone in which the use is located shall be deemed to have been specified. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 1 § 501.24, 1927.)

22.56.245 Sale of beer and wine in conjunction with sale of motor vehicle fuel--Additional conditions.

In addition to the conditions imposed pursuant to Section 22.56.100, the following development standards shall be mandatory conditions of such grant:
A. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler.
B. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
C. No sale of alcoholic beverages shall be made from a drive-in window.
D. No display or sale of beer or wine shall be made from an ice tub.
E. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.
F. If the sale of alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. is granted as a part of the conditional use permit, employees on duty shall be at least 21 years of age in order to sell beer or wine. (Ord. 92-0097 § 8, 1992; Ord. 89-0115 § 1, 1989.)

22.56.250 Temporary war uses.

A. Premises in any zone may be temporarily used for uses necessary to the prosecution of any war in which the United States may be engaged if a conditional use permit for such use is granted pursuant to the provisions of this Part 1, and provided:
1. That the United States is at war declared by the Congress of the United States and engaged in actual physical hostilities; and
2. That such permit shall expire not later than six months after the cessation of such physical hostilities.
B. As used in this section, “cessation of physical hostilities” means a date comparable to November 11, 1918, or August 15, 1945. (Ord. 1494 Ch. 5 Art. 1 § 501.16, 1927.)

22.56.255 Townhouse development--Additional regulations.

A. In approving a conditional use permit for a townhouse development, the hearing officer shall specify conditions pertaining to the following, which may not be modified except by Part 2 of Chapter 22.56:
1. Standards of Zone Apply. The hearing officer shall require that a townhouse development shall be subject to all standards of the zone in which proposed except as otherwise provided in this section and/or in a conditional use permit in which density-controlled development is requested and approved.
2. Number of Townhouses. The hearing officer shall specify the maximum number of townhouses that may be confined within a single building; provided, however, that in the absence of specific approval of a lesser or greater number, not more than six shall be so placed.
3. Distance Between Buildings and/or Structures. The hearing officer shall specify the required distance between buildings and/or structures; provided, however, that in the absence of such specification, the distance between buildings and/or structures in a townhouse development shall not be less than 10 feet.
B. In addition to conditions imposed pursuant to Section 22.56.100, in approving a townhouse development, the hearing officer may impose conditions pertaining to the following:
1. Yards.
a. The hearing officer may modify any or all yard requirements of the basic zone wherein a townhouse development is proposed. In reaching its determination to modify the yard requirements and to what extent, the hearing officer shall base its decision on whether such modification will:
i. Encourage design features promoting amenities equal to or better than a development plan incorporating required yards, and
ii. Assist in integrating the proposed development in relation to location on the site and its relationship to the surrounding area.
b. Nothing in this subsection shall be construed to prohibit the imposition of yards exceeding the minimum provided in the zone.
2. Architecture. The hearing officer may impose conditions governing the suitability of architecture as necessary to integrate the proposed development project within the proposed site and the surrounding area, including appearance of the proposed development from surrounding property. (Ord. 85-0195 § 14 (part), 1985; Ord. 82-0003 § 4 (part), 1982.)

Part 2 VARIANCES

22.56.260 Purpose--Conditions for granting variances.

The variance procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Title 22, develop through the strict literal interpretation and enforcement of such provisions. A variance may be granted to permit modification of:
A. Building line setbacks, yards, open space and buffer areas;
B. Height, lot coverage, density and bulk regulations;
C. Off-street parking spaces, maneuvering areas and driveway width, and paving standards;
D. Landscaping requirements;
E. Wall, fencing and screening requirements;
F. Street and highway dedication and improvement standards;
G. Lot area and width requirements;
H. Operating conditions such as hours or days of operation, number of employees, and equipment limitations;
I. Sign regulations other than outdoor advertising;
J. Distance-separation requirements mandated by this Title 22. (Ord. 82-0024 § 10, 1982; Ord. 1494 Ch. 5 Art. 2 § 502.1, 1927.)

22.56.270 Application--Filing.

Any person desiring any permit required by or provided for in this Title 22 may file an application therefor with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the hearing officer or board of supervisors on an application requesting the same, or substantially the same permit. (Ord. 85-0195 § 11 (part), 1985; Ord. 1494 Ch. 5 Art. 2 § 502.2, 1927.)

22.56.280 Application--Information required.

An application for a variance shall contain the information required by Section 22.56.030. (Ord. 1494 Ch. 5 Art. 2 § 502.3, 1927.)

22.56.290 Application--Burden of proof.

In addition to the information required in the application by Section 22.56.280, the applicant shall substantiate to the satisfaction of the hearing officer the following facts:
A. That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification; and
B. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone; and
C. That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. (Ord. 85-0195 § 16 (part), 1985; Ord. 1494 Ch. 5 Art. 2 § 502.4, 1927.)

22.56.300 Application--Fee.

When an application is filed it shall be accompanied by the filing fee as required by Section 22.60.100. (Ord. 1494 Ch. 5 Art. 2 § 502.5, 1927.)

22.56.310 Application--Denial for lack of information.

The zoning board may recommend denial, and the hearing officer may deny, without a public hearing, an application for a variance if such application does not contain the information required by Sections 22.56.280 and 22.56.290. The hearing officer may permit the applicant to amend such application. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 2 § 502.6, 1927.)

22.56.320 Application--Public hearing required.

In all cases where an application is filed for a variance, the public hearing shall be held pursuant to the procedure provided by Part 4 of Chapter 22.60. (Ord. 2008-0043 § 6, 2008: Ord. 85-0195 § 25, 1985; Ord. 85-0009 § 10, 1985: Ord. 1494 Ch. 5 Art. 2 § 502.7, 1927.)

22.56.330 Application--Grant or denial--Findings required.

A. The hearing officer shall approve an application for a variance where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
1. That because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and
2. That the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and
3. That strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards; and
4. That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.
B. The hearing officer shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate such findings to the satisfaction of the hearing officer. (Ord. 85-0195 § 26, 1985; Ord. 1494 Ch. 5 Art. 2 § 502.8, 1927.)

22.56.340 Imposition of additional conditions authorized when.

The hearing officer in approving an application for a variance, may impose such conditions as he deems necessary to insure that the adjustment will be in accord with the findings required by Section 22.56.330. Conditions imposed by the hearing officer may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including, but not limited to, those specified in Section 22.56.100. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 2 § 502.10, 1927.)

22.56.350 All zone regulations apply unless variance is granted.

Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply. (Ord. 1494 Ch. 5 Art. 2 § 502.15, 1927.)

22.56.360 Adequate water supply--Criteria.

If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of Division 1 of Title 20 of this code, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 22.56.330. (Ord. 1494 Ch. 5 Art. 2 § 502.9, 1927.)

22.56.390 Continuing validity of variances.

A variance that is valid and in effect, and was granted pursuant to the provisions of this Title 22, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land. (Ord. 1494 Ch. 5 Art. 2 § 502.16, 1927.)

22.56.400 Expiration date of unused variances.

A variance which is not used within the time specified in such variance, or, if no time is specified, within one year after the granting of the variance, becomes null and void and of no effect except:
A. That in all cases the hearing officer may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. In the case of a nonprofit corporation organized to provide low-income housing for the poor or elderly, the hearing officer may grant an additional one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension;
B. Repealed by Ord. 92-0032. (Ord. 92-0032 § 3, 1992; Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 2 § 502.11, 1927.)

22.56.410 Variance does not legalize nuisances.

Neither the provisions of this Part 2 nor the granting of any permit provided for in this Part 2 authorizes or legalizes the maintenance of any public or private nuisance. (Ord. 1494 Ch. 5 Art. 2 § 502.13, 1927.)

Part 3 ANIMAL PERMITS[21]

22.56.420 Established--Purpose.

The animal permit is established to permit:
A. The keeping or maintaining as a pet or for the personal use of members of the family residing on the premises of:
1. Wild or domestic animals not specifically classified which will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare; and
2. Domestic or wild animals exceeding the number permitted, or on lots or parcels of land having less than the area required, which will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of such site.
B. Rehabilitation facilities for small wild animals which:
1. Will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare; and
2. Will not be materially detrimental to the use, enjoyment, or valuation of property or other persons located in the vicinity of such site. (Ord. 2006-0019 § 11, 2006; Ord. 1494 Ch. 5 Art. 3 § 503.1, 1927.)

22.56.430 Application--Filing.

Any person desiring an animal permit provided for in this Title 22, may file an application with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or board of supervisors on an application requesting the same, or substantially the same permit. (Ord. 1494 Ch. 5 Art. 3 § 503.2, 1927.)

22.56.440 Application--Information required.

A. An application for an animal permit shall contain the following information:
1. The name and address of the applicant and of all persons owning any or all of the property proposed to be used;
2. Evidence that the applicant:
a. Is the owner of the premises involved, or
b. Has written permission of the owner or owners to make such application;
3. The location of the subject property (address or vicinity);
4. The legal description of the property involved;
5. The type and number of animals requested;
6. A site plan indicating:
a. The area and dimensions of the building or enclosure wherein the animal or animals are to be kept or maintained, as well as the locations and dimensions of all other structures within a distance of 50 feet from the exterior boundaries of such building or enclosure, and
b. Site drainage patterns, where appropriate;
7. A statement specifying plans for waste disposal;
8. a. A list of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property adjacent to the exterior boundaries of the lot on which the animals are to be maintained,
b. Where a public hearing is requested as provided in Section 22.56.480, an additional list of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owning property within a distance of 500 feet from the exterior boundaries of the lots on which the animals are to be maintained shall be submitted;
9. Such other information as the director may require.
B. All of the information submitted by the applicant shall be certified to be correct by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure. (Ord. 1494 Ch. 5 Art. 3 § 503.3, 1927.)

22.56.450 Application--Burden of proof.

In addition to the information required in the application by Section 22.56.440, the applicant shall substantiate to the satisfaction of the director and/or commission the following facts:
A. That the requested animal or animals at the location proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
B. That the proposed site is adequate in size and shape to accommodate the animal or animals requested without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site. (Ord. 1494 Ch. 5 Art. 3 § 503.4, 1927.)

22.56.460 Application--Fee and deposit.

When an application is filed, it shall be accompanied by the filing fee and deposit as required in Section 22.60.100. (Ord. 1494 Ch. 5 Art. 3 § 503.5, 1927.)

22.56.470 Application--Notice requirements.

A. In all cases where an application is filed, the director shall cause a notice indicating the applicant’s request at the location specified to be forwarded by first class mail, postage prepaid, to:
1. All persons whose names and addresses appear on the latest available assessment roll of the county of Los Angeles as owning property adjacent to the exterior boundaries of the property on which such animals are to be maintained; provided, however, that where the closest point that such animal is to be kept or maintained is 500 feet or more from such adjoining property, this subsection shall not apply;
2. A notice addressed to “occupant” or “occupants” in all cases where the mailing address of any owner of property required to be notified under the provisions of subsection A1 is different than the address of such adjacent property;
3. The director of the department of animal control and the director of the department of health services, requesting their technical opinion relative to the ability of the applicant to maintain such animals properly as indicated in the application and site plan;
4. Such other persons whose property might in his judgment be affected by such application or permit.
B. Such notice shall also indicate that any individual opposed to the granting of such permit may express such opposition by written protest to the director within 14 calendar days following the date on the notice. (Ord. 2008-0026 § 6, 2008; Ord. 1494 Ch. 5 Art. 3 § 503.6, 1927.)

22.56.480 Application--Approval or denial--Findings.

A. The director shall approve an application for an animal permit where no protest to the granting of such permit is received within the specified protest period.
B. The director shall deny an application for an animal permit in all cases where:
1. The report of the department of animal care and control or health services indicates that such animals may not reasonably be maintained as specified in the application; or
2. Two protests are indicated. Protests received from both the owner and the occupant of the same property shall be considered to be one protest for purposes of this section.
C. In all cases where the director denies an application, he shall so inform the applicant, in writing, and in such notice shall also inform him that if within 14 days after receipt of such notice he files such additional information as the director may require and pays an additional fee, the amount of which shall be stated in the notice, a public hearing will be scheduled. Such additional fee shall be the difference between the fee paid and the fee for public hearing as specified in Section 22.60.100. (Ord. 2008-0043 § 7, 2008; Ord. 2008-0026 § 7, 2008; Ord. 2006-0019 § 12, 2006; Ord. 85-0195 § 27, 1985; Ord. 1494 Ch. 5 Art. 3 § 503.7, 1927.)

22.56.490 Application--Public hearing.

In all cases where a public hearing is requested, the public hearing shall be held pursuant to the procedure provided in Part 4 of Chapter 22.60. (Ord. 2008-0043 § 8, 2008: Ord. 85-0195 § 28 (part), 1985: Ord. 1494 Ch. 5 Art. 3 § 503.8, 1927.)

22.56.500 Application--Grant or denial--Findings required.

A. The commission shall approve an application for an animal permit where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
1. That the requested animal or animals at the location proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
2. That the proposed site is adequate in size and shape to accommodate the animal or animals requested without material detriment to the use, enjoyment or valuation of property of other persons located in the vicinity of the site.
B. The commission shall deny the application where the information submitted by the applicant and/or presented at public hearings fails to substantiate such findings to the satisfaction of the commission. (Ord. 85-0195 § 28, 1985; Ord. 1494 Ch. 5 Art. 3 § 503.9, 1927.)

22.56.510 Imposition of additional conditions authorized when.

The director or commission, in approving an application for an animal permit:
A. May impose such conditions as are deemed necessary, including those recommended by the departments of animal care and control and health services, to insure that such animals will be kept or maintained in accord with the findings required by Section 22.56.500. Conditions imposed may involve any pertinent factors affecting the keeping or maintenance of the animal or animals for which such permit is requested, including but not limited to those specified in Section 22.56.100.
B. Shall impose the following conditions on applications for rehabilitation facilities for small wild animals:
1. The animals shall be cared for by a licensed rehabilitator who must be a resident of a single-family residence on the subject lot or parcel of land;
2. The animals shall be indigenous to Los Angeles County;
3. The animals shall weigh no more than 30 pounds;
4. Coyotes, bobcats, deer, mountain lions, bears, and other similarly dangerous animals shall not be allowed;
5. The allowable number of animals shall be as follows:
a. For lots with at least 10,000 square feet of area, up to 20 animals;
b. For lots of 7,500 to 9,999 square feet of area, up to 16 animals;
c. For lots of 6,000 to 7,499 square feet of area, up to 12 animals; and
d. For lots of 5,000 to 5,999 square feet of area, up to 6 animals.
The director or commission, after consultation with the departments of animal care and control and health services, may allow a higher number of animals than the number specified above.
6. The facilities shall only be authorized for as long as the applicant maintains a continuously valid permit and Memorandum of Understanding from the California Department of Fish and Game, or in the case of wild migratory birds, a valid permit from the U.S. Department of Fish and Wildlife. (Ord. 2006-0019 § 13, 2006; Ord. 1494 Ch. 5 Art. 3 § 503.10, 1927.)

22.56.520 Appeal procedures.

A. Any person dissatisfied with the action of the director, in cases other than denial of an animal permit as provided in Section 22.56.480, may file an appeal of such action with the commission within the time period set forth in Part 5 of Chapter 22.60. Upon receiving a notice of appeal, the commission shall take one of the following actions:
1. Affirm the action of the director; or
2. Refer the matter back to the director for further review with or without instructions; or
3. Set the matter for public hearing before itself. In such case, the commission’s decision may cover all phases of the matter, including the addition or deletion of any condition.
B. In rendering its decision, the commission shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the director unless it is itself conducting a public hearing on the matter. (Ord. 2008-0026 § 8, 2008: Ord. 1494 Ch. 5 Art. 3 § 503.11, 1927.)

22.56.530 Effective date of permit.

The decision of the director or the commission shall become final and effective as set forth in Part 5 of Chapter 22.60 unless an appeal is timely filed pursuant to said Part 5 of Chapter 22.60. (Ord. 2008-0026 § 9, 2008: Ord. 1494 Ch. 5 Art. 3 § 503.12, 1927.)

Part 4 CEMETERY PERMITS

22.56.540 Cemetery defined.

As used in Title 22 of this code “cemetery” means a place for the permanent interment of dead human bodies, or the cremated remains thereof, including a crematory. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination of one or more thereof. (Ord. 1494 Ch. 5 Art. 4 § 504.1, 1927.)

22.56.550 Cemetery deemed established when.

A. A cemetery shall be deemed to be established or maintained or extended where the interment of one or more dead human bodies or cremated remains is made in or upon any property, whether or not the same has been duly and regularly dedicated for cemetery purposes under the laws of the state of California, and which at the date the ordinance codified in this Part 4 took effect, was not included within the boundaries of a legally existing cemetery.
B. Any person who makes or causes to be made any interment in or upon such property, and any person having the right of possession of any such property who knowingly permits the interment of a dead body or cremated remains therein or thereupon shall be deemed to have established, or maintained, or extended a cemetery within the meaning of the provisions of Title 22 of this code. (Ord. 1494 Ch. 5 Art. 4 § 504.3, 1927.)

22.56.560 Permit required.

A person shall not establish or maintain any cemetery or extend the boundaries of any existing cemetery at any place within the unincorporated territory of the county of Los Angeles without a permit first having been applied for and obtained from the hearing officer. This section does not prevent the maintenance, development and operation within their present boundaries of cemeteries which were legally established on the date the ordinance codified in this Part 4 took effect. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 4 § 504.5, 1927.)

22.56.570 Application--Filing.

Any person desiring to obtain a permit required by this Part 4 shall file a written application therefor with the director. (Ord. 1494 Ch. 5 Art. 4 § 504.7, 1927.)

22.56.580 Application--Information required.

An application for a permit required by this Part 4 shall set forth in separate paragraphs or in exhibits attached thereto the following information:
A. A list, certified to be correct by affidavit or by statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of names and addresses of:
1. All persons owning any part of the property proposed to be used as a cemetery, and
2. All persons owning property within a distance of 500 feet of the boundaries of the subject parcel of land, as shown on the latest available assessment roll of the county of Los Angeles;
B. The names and addresses of the officers and directors of the corporation which will be in charge of the operation of the cemetery;
C. A map showing the exact location, exterior boundaries and legal description of the property which it is proposed to use for a cemetery and the location of all buildings, whether public or private, located within a distance of 500 feet from the exterior boundaries of the subject parcel of land and the location and depth of all wells in said area from which domestic or irrigating water is obtained. The map shall also show the location and names of all roads located within a distance of 500 feet from the exterior boundaries of the said parcel. The map shall further show the elevation in feet above sea level or the highest and lowest points in the said premises, and the width, depth and location of all natural watercourses and artificial drains or conduits for the drainage of stormwater located upon the said parcel and within 2,000 feet from the exterior boundary thereof in any direction;
D. A financial statement of applicant, showing the financial ability of applicant to establish, care for and maintain the proposed cemetery in such a manner as to prevent the same from being a public nuisance;
E. A statement setting forth whether the said cemetery is to be established as a perpetual-care or nonperpetual-care cemetery, and if a perpetual-care fund is to be or has been created, the amount then on hand and the method, scheme or plan of continuing and adding to the same in full details sufficient to show that said cemetery will be maintained so as not to become a public nuisance. (Ord. 90-0134 § 12, 1990: Ord. 1494 Ch. 5 Art. 4 § 504.11, 1927.)

22.56.590 Application--Verification and signatures required.

The president and secretary of the corporation which will be in charge of the operation of the proposed cemetery and the owner of the land to be included therein shall sign the application for a permit required by this Part 4. Such persons shall also verify the application as provided by the Code of Civil Procedure of the state of California for the verification of pleadings in civil actions. (Ord. 1494 Ch. 5 Art. 4 § 504.9, 1927.)

22.56.600 Application--Fee and deposit.

At the time of filing any application for a permit required by this Part 4, the applicant shall pay to the director the filing fee and deposit as required by Section 22.60.100. (Ord. 1494 Ch. 5 Art. 4 § 504.13, 1927.)

22.56.610 Application--Public hearings required.

The public hearing on an application for a cemetery permit shall be held pursuant to the procedure provided in Part 4 of Chapter 22.60. (Ord. 2008-0043 § 9, 2008: Ord. 92-0096 § 3, 1992: Ord. 90-0134 § 13 (part), 1990: Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 4 § 504.15, 1927.)

22.56.630 Denial of permit--Conditions.

A permit may be denied if it is found that:
A. The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health, safety, comfort or welfare; or
B. Such establishment, maintenance or extension will or may reasonably be expected to be a public nuisance; or
C. Such establishment, maintenance or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance or fire equipment, and thus interfere with the convenience of the public or the protection of the lives and property of the public; or
D. That the applicant, through the proposed perpetual-care fund or otherwise, cannot demonstrate adequate financial ability to establish and maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance. (Ord. 1494 Ch. 5 Art. 4 § 504.19, 1927.)

22.56.640 Dedication of public highways required when.

Before taking final action, the hearing officer, commission or the board of supervisors may require of the applicant any reasonable dedication of public streets or highways through the premises proposed to be used for the proposed cemetery or extension of an existing cemetery so as to prevent the same from jeopardizing the public safety, comfort or welfare, and if the time required by the hearing officer, or the board of supervisors for compliance with such conditions shall elapse without such conditions having been met, the hearing officer, commission or the board of supervisors may deny the permit. (Ord. 85-0195 § 11 (part), 1985; Ord. 1494 Ch. 5 Art. 4 § 504.21, 1927.)

22.56.650 Repeated applications--Waiting period.

In the event that the hearing officer, commission or the board of supervisors shall have denied its approval of any application heretofore or hereafter made for any permit provided for in this Part 4, no new or further applications for any such permit shall be made to establish or extend a cemetery upon the same premises, or any portion thereof, as described in such previous applications, until the expiration of one year from and after the date of the denial of such approval. (Ord. 85-0195 § 11 (part), 1985; Ord. 1494 Ch. 5 Art. 4 § 504.23, 1927.)

22.56.660 Permit assignment and use limitations.

No permit granted as a result of any such application shall be assignable prior to the actual establishment of such cemetery or extension of any existing cemetery, nor shall, such permit be used by any other person than applicant in the establishment of such cemetery or extension of an existing cemetery. (Ord. 1494 Ch. 5 Art. 4 § 504.25, 1927.)

22.56.680 Reduction in boundaries.

Where an application is filed requesting a cemetery permit for a reduction in boundaries of an existing cemetery never used, the applicant may:
A. Substitute a distance of 700 feet for filing and application requirements as provided in the case of minor expansions by subdivisions D1 through D4 of Section 22.56.670: and
B. Delete the information required by subsections D and E of Section 22.56.580. (Ord. 1494 Ch. 5 Art. 4 § 504.29, 1927.)

Part 5 EXPLOSIVES PERMITS

22.56.690 Definitions.

A. “Explosive” and “explosives,” whenever used in this Title 22, means any substance or combination of substances that is commonly used for the purpose of detonation and which, upon exposure to any external force or condition, is capable of a relatively instantaneous release of gas and heat. These terms shall include, but shall not necessarily be limited to, all of the following:
1. Substances determined to be Class A and Class B explosives, as classified by the United States Department of Transportation;
2. Nitro carbo nitrate substances (blasting agent), as classified by the United States Department of Transportation;
3. Any material designated as an explosive by the State Fire Marshal;
4. Certain Class C explosives, as designated by the United States Department of Transportation, when listed in regulations adopted by the State Fire Marshal.
B. The terms “explosive” and “explosives,” whenever used in this Title 22, shall not include the following:
1. Small arms ammunition of .75 caliber or less when designated as a Class C explosive by the United States Department of Transportation;
2. Fireworks regulated under Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code. (Ord. 1494 Ch. 5 Art. 5 § 505.1, 1927.)

22.56.700 Applicability of Part 5 provisions.

Nothing contained in this Part 5 of Chapter 22.56 shall apply to any explosive in transit in railway cars or other vehicles, or to any explosive awaiting transportation in or delivery from a railway car or other vehicle, or to the transfer of any such explosive from a car of one railway company to a car of a connecting railway company, provided that the car or other vehicle in which said explosive is being transported, or is awaiting transportation or delivery, shall be kept locked or guarded; and provided further that the time during which such explosive is kept waiting transportation or delivery shall not exceed 24 hours. (Ord. 1494 Ch. 5 Art. 5 § 505.12, 1927.)

22.56.710 Storage of explosives--Permit requirements.

No quantity of explosives other than gunpowder in excess of 100 pounds, or gunpowder in excess of 750 pounds, shall be stored or kept in any place, house or building in the county of Los Angeles without a permit therefor from the commission, and unless said explosives are contained in a magazine situated, constructed, operated and maintained in the manner described in Part 1 of Division 11 of the Health and Safety Code. (Ord. 1494 Ch. 5 Art. 5 § 505.2, 1927.)

22.56.720 Permit--Application requirements.

Any person proposing to store or keep any quantity of gunpowder in excess of 750 pounds or any other explosives in excess of 100 pounds in any place, house or building in the unincorporated territory of the county of Los Angeles shall file application for a permit with the director, accompanied by the filing fee as required by Section 22.60.100. Such application shall also verify that the applicant has submitted such data as is required by the county forester and fire warden. (Ord. 1494 Ch. 5 Art. 5 § 505.3, 1927.)

22.56.730 Temporary storage--Permit granted without hearing when.

If the application is for a permit to store explosives for not more than three months and there is no permit in force for that location, the hearing officer may grant the permit without a public hearing provided:
A. That the applicant has submitted such data as is required to the county forester and fire warden for approval prior to consideration by the hearing officer; and
B. That the county forester and fire warden has indicated his approval in writing stating that such explosives may be safely stored at the proposed location. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 5 § 505.5, 1927.)

22.56.740 Application--Public hearing required.

Unless an application is approved pursuant to Section 22.56.730, the public hearing shall be held pursuant to the procedure provided in Part 4 of Chapter 22.60. (Ord. 2008-0043 § 10, 2008: Ord. 85-0195 § 29, 1985; Ord. 85-0009 § 11, 1985: Ord. 1494 Ch. 5 Art. 5 § 505.6, 1927.)

22.56.745 Public notification.

If a public hearing is to be conducted pursuant to Section 22.56.740, all persons shown on the latest available assessment roll of the county of Los Angeles as owning property within a distance of 500 feet from the boundaries of the subject parcel of land shall be notified of said public hearing by first class mail, postage prepaid. (Ord. 90-0134 § 6, 1990.)

22.56.750 Application--Notification to county forester and fire warden.

The director shall immediately notify the county forester and fire warden of every application for a permit to keep or store explosives. Where a public hearing is to be held, the director shall notify the county forester and fire warden of the time and place thereof. (Ord. 1494 Ch. 5 Art. 5 § 505.7, 1927.)

22.56.760 Application--Report by county forester and fire warden.

The county forester and fire warden, within 10 days after receipt of a copy of the application for a permit, shall furnish to the hearing officer a report thereon as to whether or not in his opinion explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the application. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 5 § 505.7, 1927.)

22.56.770 Imposition of additional conditions.

The hearing officer shall consider and may impose such conditions as he deems necessary to protect the public health, safety and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of such proposed use. The hearing officer may also approve the permit contingent upon compliance with applicable provisions of other ordinances. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 5 § 505.11, 1927.)

22.56.780 Approval of permit--Conditions.

A. At the time and place fixed for the hearing on the application, the hearing officer shall hear the same and any protests thereto, and upon the evidence and other matters brought to its attention during the hearing, including the report of the county forester and fire warden, shall approve such permit where the findings indicate that explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.
B. Where no hearing is required, the hearing officer shall make similar findings based upon his investigation or the investigation of his staff, and upon the report of the county forester and fire warden, of the place where it is proposed to keep the explosives. (Ord. 85-0195 § 30, 1985; Ord. 1494 Ch. 5 Art. 5 § 505.10, 1927.)

Part 6 MOBILEHOME PERMITS

22.56.790 Establishment--Purpose.

The mobilehome permit is established to provide for the individual placement of a mobilehome containing one dwelling unit, in lieu of a single-family residence. on a lot or parcel of land where permitted in the zone, subject to the area requirements of the zone, but in no case less than two and one-half acres. It is the intent of this permit to recognize the modern mobilehome as an alternate source of affordable factory-built housing available from the manufacturer with an exterior similar to conventionally constructed housing. Because many mobilehomes continue to be manufactured with an appearance more characteristic of a motor vehicle, however, the mobilehome permit is intended to insure that mobilehomes so placed are compatible with surrounding uses. that the proposed site is suitable, and that property values are protected through the imposition of appropriate regulations and conditions for placement and maintenance of such mobilehomes. (Ord. 1494 Ch. 5 Art. 12 § 512.1, 1927.)

22.56.800 Application--Filing--Repealed filings.

Any person desiring a mobilehome permit, as provided for in this Title 22, may file an application with the director; except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the hearing officer or board of supervisors on an application for the same or substantially the same permit. (Ord. 85-0195 § 11 (part), 1985; Ord. 1494 Ch. 5 Art. 12 § 512.2, 1927.)

22.56.810 Application--Information and documents required.

A. An application for a mobilehome permit shall include the following information and documents:
1. The name and address of the applicant and of all persons owning any or all of the property proposed to be used;
2. Evidence that the applicant:
a. Is the owner of the premises involved, or
b. Has written permission of the owner or owners to make such application;
3. Location of subject property (address or vicinity);
4. Legal description of property involved;
5. A site plan, drawn to a scale satisfactory to and in the number of copies prescribed by the director, indicating:
a. The area and dimensions of the proposed site,
b. The proposed location of the mobilehome,
c. The location and dimensions of all existing and proposed structures, yards, walls, fences, parking, landscaping and other development features; topography shall also be shown where pertinent to the requested permit,
d. The dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site,
e. The location and dimensions of all buildings and structures on adjacent lots or parcels of land to a distance specified by the director;
6. Description of the mobilehome to be placed including:
a. Year manufactured,
b. Model,
c. Make,
d. Motor vehicle license number, if required by state law,
e. The number of the insignia of approval issued by the California Department of Housing and Community Development, or of the housing seal from the Department of Housing and Urban Development,
f. Length, width and square footage; if manufactured in more than one section or unit, so indicate,
g. Photographs of the mobilehome; if a new mobilehome is to be placed for the first time, manufacturer’s literature may be substituted for such required photographs if the director finds it adequate for this purpose,
h. If the exterior appearance of the mobilehome must be altered to comply with the requirements of this permit, architectural and/or engineering data indicating the alterations proposed and the structural feasibility of such alterations;
7. With each application, the applicant shall also file:
a. Maps in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys, and the location and dimensions of all lots or parcels of land within a distance of 500 feet from the exterior boundaries of the parcel of land on which the mobilehome is proposed to be located;
b. One copy of said map shall indicate the uses established on every lot or parcel of land shown within said 500-foot radius;
c. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject parcel of land and as owning property within a distance of 500 feet from the exterior boundaries of the parcel of land on which such mobilehome is proposed. One copy of said map shall indicate where such ownerships are located;
8. Such other information as the director may require. The director may waive the filing of one or more of the above items where unnecessary to process the application, except that the requirements of subsection 7c may not be waived.
B. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Ord. 90-0134 § 7, 1990; Ord. 1494 Ch. 5 Art. 12 § 512.3, 1927.)

22.56.820 Application--Burden of proof.

In addition to the information required in the application by Section 22.56.810, the applicant of a mobilehome permit shall substantiate to the satisfaction of the hearing officer the following facts:
A. That the requested mobilehome has, or is capable of and will be structurally altered to present, an exterior appearance similar to conventionally constructed housing; and
B. That the exterior appearance of such mobilehome, as manufactured or as structurally altered, will be compatible with surrounding uses at the location proposed for its placement, will not be materially detrimental to the public health, safety or general welfare, or the use, enjoyment or valuation of property of other persons located in the vicinity of the proposed site; and
C. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking, landscaping and other developmental features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
D. That the proposed site is adequately served by public and private service facilities as are required. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 12 § 512.4, 1927.)

22.56.830 Application--Fee.

When a mobilehome permit application is filed, it shall be accompanied by the filing fee as required in Section 22.60.100. (Ord. 1494 Ch. 5 Art. 12 § 512.5, 1927.)

22.56.840 Application--Denial for lack of information.

The hearing officer may deny, without a public hearing, an application for a mobilehome permit if such application does not contain the information required by Sections 22.56.810 and 22.56.820. The hearing officer may permit the applicant to amend such application. (Ord. 85-0195 §§ 13 (part) and 14 (part), 1985; Ord. 1494 Ch. 5 Art. 12 § 512.6, 1927.)

22.56.850 Application--Public hearing required.

In all cases where an application for a mobilehome permit is filed, the hearing officer shall hold a public hearing, unless the commission determines to and itself holds a public hearing. In either case, the public hearing shall be held pursuant to the procedure provided in Part 4 of Chapter 22.60. (Ord. 85-0195 § 31 (part), 1985: Ord. 85-0009 § 12, 1985: Ord. 1494 Ch. 5 Art. 12 § 512.7, 1927.)

22.56.860 Application--Conditions for approval.

The hearing officer shall not approve an application for a mobilehome permit in lieu of a single-family residence unless he finds that the burden of proof set forth in Section 22.56.820 has been met by the applicant. (Ord. 85-0195 § 31(part), 1985; Ord. 1494 Ch. 5 Art. 12 § 512.8, 1927.)

22.56.870 Action by commission--Notice requirements.

The hearing officer shall serve notice of its action upon:
A. The applicant, as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested; and
B. All protestants, by first class mail, postage prepaid, who have provided a mailing address and who have either submitted written objections or appeared at the public hearing. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 12 § 512.10, 1927.)

22.56.890 Mobilehome placement conditions and specifications.

Every mobilehome permit shall be subject to the following conditions. All of the following conditions shall be deemed to be conditions of every mobilehome permit granted, whether such conditions are set forth in the mobilehome permit or not. The hearing officer, in granting the mobilehome permit, may impose additional conditions, but may not change or modify any of the following conditions except as otherwise provided by this Part 6 and/or pursuant to the provisions of Part 2 of this Chapter 22.56.
A. Each mobilehome shall have a sloping roof with eave projections of at least 12 inches, constructed with fire-resistant treated wood shake, shingle, asphalt composition roofing, crushed rock, or other material approved by the hearing officer. Such roof must be nonreflective in nature and roll-formed type metal roofing shall not be used.
B. Each mobilehome shall have an exterior siding of wood, metal or other equivalent material approved by the hearing officer. Siding materials used shall be nonreflective in nature.
C. Each mobilehome shall have skirting, constructed of a material designed to correspond to or complement the mobilehome’s exterior siding and design, extending from the exterior wall to the ground and fully screening the mobilehome’s undercarriage from all directions. Where permissible from the standpoint of drainage and other conditions, as an alternative to a berm serving to screen the undercarriage.
D. Each mobilehome shall have a separate enclosed accessory structure of at least 200 square feet for storage where an enclosed garage is not provided.
E. Landscaping necessary to achieve the same standards of development as are characteristic of the surrounding properties, as specified by the hearing officer, shall be provided.
F. Each mobilehome shall have front, side and rear yards of not less than those required for a conventional single-family residence in Zone R-1 (Section 22.20.120).
G. Each mobilehome shall have a concrete slab or a suitably constructed raised platform or deck at least 200 square feet in area.
H. The exterior of such mobilehome and the lot or parcel of land on which said mobilehome is placed shall be maintained in a neat orderly and presentable condition.
I. Each mobilehome shall hear the insignia of approval issued by the California Department of Housing and Community Development, or the housing seal number from the Department, or the Housing and Urban Development.
J. Each mobilehome shall maintain a current California Vehicle License Registration during the length of its placement in lieu of a single-family residence where required by state law.
K. Each mobilehome shall be removed from the site prior to the end of five years unless a different time period is specified by the hearing officer. Where as a condition of approval a mobilehome must be removed from its site at the end of a specified time period, a building permit shall not be applied for, and a mobilehome shall not be placed on a foundation system.
L. The granting of a mobilehome permit shall not relieve the applicant, his assigns or his successors in interest from complying with all other applicable statutes, ordinances, rules and regulations. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 12 § 512.9, 1927.)

22.56.900 Expiration date of unused permits.

A mobilehome permit which is not used within the time specified in the approval, or, if no time is specified, within one year after the granting of such permit, becomes null and void and of no effect except that where an application requesting an extension is filed prior to such expiration date, the hearing officer may extend such time for a period not to exceed one year. For the purposes of interpreting this Part 6, “used” means the placement of a mobilehome in full compliance with the requirements of such permit. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 12 § 512.12, 1927.)

22.56.910 Period of validity--Extension authorized when--Procedures.

A. Filing of Application. An application requesting a time extension for a mobilehome permit where used may be filed with the director prior to the expiration of such permit, except that no application shall be filed or accepted if final action resulting in a denial of a request for such time extension has been taken within one year prior thereto by the director.
B. Contents of Application. An application for such time extension shall contain the following information:
1. The name and address of the applicant and of all persons owning any or all of the property proposed to be used;
2. Evidence that the applicant:
a. Is the owner of the premises involved, or
b. Has written permission of the owner or owners to make such application;
3. Location of subject property (address or vicinity);
4. The administrative file number (case number) identifying the mobilehome permit for which an extension is requested;
5. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a radius of 500 feet from the exterior boundaries of the parcel of land on which the mobilehome is located.
C. Denial of Inadequate Application. The director may deny without further action an application requesting such time extension if such application does not contain the information required by this section. The director may permit the applicant to amend the application.
D. Notification. The director shall cause a notice indicating the applicant’s request to be given to all persons whose names and addresses appear on the verified list of property owners required to be submitted by the applicant.
E. Decision by the Director. The director may approve such time extension where the information submitted by the applicant or obtained by investigation of the staff substantiates the following findings:
1. That two protests to the granting of such time extension have not been received within 20 working days following the date of mailing; and
2. That the exterior of such mobilehome and the surrounding grounds are maintained in a neat, orderly and presentable condition in compliance with all conditions of the permit and other applicable statutes, ordinances, rules and regulations; and
3. That the area in the immediate proximity of the lot or parcel of land on which the mobilehome has been placed has not undergone urbanization or other changed circumstances to such an extent as to make the continued placement of said mobilehome incompatible with surrounding uses.
F. Fees. When an application requesting such extension is filed, it shall be accompanied by the fee required in Section 22.60.100.
G. Notice of Director’s Action.
1. The director shall serve notice of his action upon:
a. The applicant as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested; and
b. All protestants by first class mail, postage prepaid, who have provided a mailing address.
2. Where the director has denied such application, such notice shall also inform the applicant that if within 30 days after receipt of such notice he files such additional fee, the amount of which shall be stated in the notice, a public hearing will be scheduled relative to the refiling of a mobilehome permit before the commission. Such additional fee shall be the difference between the fee paid and the fee for public hearing for a mobilehome permit as specified in Section 22.60.100. (Ord. 90-0134 § 8, 1990; Ord. 85-0195 § 32, 1985; Ord. 1494 Ch. 5 Art. 12 § 512.13, 1927.)

22.56.920 Appeal--From director’s decision--Procedures.

A. In cases other than denial of a time extension pursuant to subsection E of Section 22.56.910, any person aggrieved by the action of the director may file an appeal of such action with the secretary of the commission within 15 calendar days after notice of such action is received by the applicant. Such appeal shall contain the following information:
1. The administrative file number (case number) identifying the matter which is being appealed; and
2. The street address of the premises included in the action of the director or, if no street address, the legal description of the premises.
B. An appeal fee of $25.00 shall accompany the filing. (Ord. 1494 Ch. 5 Art. 12 § 512.14, 1927.)

22.56.930 Appeal--Action by commission--Procedures.

A. Upon receiving a notice of an appeal, the commission shall take one of the following actions:
1. Affirm the action of the director; or
2. Refer the matter back to the director for further review with or without instructions; or
3. Set the matter for public hearing before itself.
B. In rendering its decision, the commission shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the director, unless it is itself conducting a public hearing on the matter.
C. Where the commission sets the matter for public hearing, it shall approve or deny the appeal based on the provisions of subsection E of Section 22.56.910. (Ord. 1494 Ch. 5 Art. 12 § 512.15, 1927.)

22.56.940 Appeal--Action by commission--Notice requirements.

The commission shall serve notice of its action taken pursuant to Section 22.56.930 in the manner specified by Part 4 of Chapter 22.60. (Ord. 1494 Ch. 5 Art. 12 § 512.16, 1927.)

22.56.950 Director’s decision--Effective date.

The decision of the director shall become final and effective 15 calendar days after receipt of notice of action by the applicant provided no appeal has been filed with the commission pursuant to Section 22.56.920. (Ord. 1494 Ch. 5 Art. 12 § 512.17, 1927.)

22.56.960 Effective date when an appeal or time extension is filed.

Where an appeal is filed relative to any mobilehome permit or a time extension granted by the director pursuant to Section 22.56.910, the date of decision by the commission or the board of supervisors of such appeal shall be deemed the date of grant in determining an expiration date. (Ord. 1494 Ch. 5 Art. 12 § 512.18, 1927.)

22.56.970 Expiration on cessation of use.

A mobilehome permit granted by the commission as provided in this Part 6, or a time extension granted by the director pursuant to Section 22.56.910 shall automatically cease to be of any force and effect if the use for which such permit was granted has ceased or has been suspended for a consecutive period of two or more years. (Ord. 1494 Ch. 5 Art. 12 § 512.19, 1927.)

22.56.980 Permit does not legalize nuisances.

Neither the provisions of this Part 6 nor the granting of a mobilehome permit as provided for in this Part 6 authorizes or legalizes the maintenance of any public or private nuisance. (Ord. 1494 Ch. 5 Art. 12 § 512.20, 1927.)

Part 7 PARKING PERMITS

22.56.990 Establishment--Purpose.

A. The parking permit procedure is established to provide an alternative to the parking requirements of Chapter 22.52 in the event that a particular use does not have the need for such requirements.
B. It is the intent to provide more flexibility in the design of particular uses that have special characteristics by reducing the number of parking spaces otherwise required for such uses including:
1. Senior citizens and handicapped persons housing developments where few of the residents will own their own automobiles;
2. Certain uses where parking requirements are based upon floor area of a structure, but bear no relationship to the number of employees, customers, etc., on the premises or the trade conducted;
3. Businesses which provide their employees, customers, or others with positive incentives to use means of transportation other than the automobile.
C. It is the intent to conserve land and promote efficient land use by allowing:
1. The dual or shared use of parking facilities by two or more uses;
2. Tandem parking for nonresidential uses;
3. Compact parking spaces for apartment houses.
D. It is the intent to provide greater flexibility and opportunity to meet the parking requirements by allowing:
1. Off-site parking facilities;
2. The short-term leasing of required parking spaces;
3. Transitional parking for parcels with rear lot lines abutting commercial or industrial zones;
4. Uncovered parking for low and moderate income housing. (Ord. 83-0161 § 63, 1983: Ord. 1494 Ch. 5 Art. 13 § 513.1, 1927.)

22.56.1000 Application--Filing time.

Any persons desiring a parking permit provided for in this Part 7 may file an application with the planning director; provided, that no application shall be filed or accepted if final action has been taken within one year prior thereto by the director, commission or board of supervisors on an application requesting the same or substantially the same, permit. (Ord. 83-0161 § 64, 1983: Ord. 1494 Ch. 5 Art. 13 § 513.2, 1927.)

22.56.1010 Application--Information required.

Application for a parking permit shall contain the following information:
A. Name and address of the applicant and of all persons owning any or all of the property purposed to be used;
B. Evidence that the applicant:
1. Is the owner of the premises involved, or
2. Has written permission of the owner or owners to make such application, or
3. Is or will be the plaintiff in an action of eminent domain to acquire the premises involved or any portion thereof, or
4. In the case of a public agency, is negotiating to acquire a portion of the premises involved;
C. Location of the subject property (address or vicinity);
D. Legal description of the property involved;
E. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure or improvement is to be occupied or used;
F. The nature, condition and development of adjacent uses, buildings and structures;
G. Two site plans, drawn to a scale satisfactory to and in the number of copies prescribed by the director, indicating:
1. The area and dimensions of the proposed site for the requested use, and
2. On the first site plan, the location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features, as if no parking permit is applied for, and
3. On the second site plan, the location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features, including any land area reserved to satisfy normal parking requirements should the use or occupancies change, as if the parking permit were granted;
H. The dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
I. Other permits and approvals secured in compliance with the provisions of other applicable ordinances;
J. With each application the applicant shall also file:
1. Maps, in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 500 feet from the exterior boundaries of the subject parcel of land, and
2. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 500-foot radius, and
3. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject parcel of land and as owning property within a distance of 500 feet from the exterior boundaries of the parcel of land to be occupied by the use. One copy of said map shall indicate where such ownerships are located;
K. A description of the unique characteristics of the proposed use and/or special programs which are proposed which reduce the need for the required number of parking spaces or warrant modification of the parking requirements of Part 11 of Chapter 22.52;
L. A vicinity map showing the location of transit lines, park-and-ride facilities, people-movers, bikeways or other similar facilities which provide alternate transportation modes;
M. When a parking permit is proposed for off-site parking, the filing requirements listed in this section shall apply to all parcels under consideration. In addition, the director shall provide notice of the permit and of any public hearing required for such proposal for all parcels independently using the procedures contained in this Part 7 and in Part 4 of Chapter 22.60 of this Title 22; and
N. Such other information as the director may require;
O. The director may waive the filing of one or more of the above items;
P. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Ord. 90-0134 § 9, 1990: Ord. 83-0161 § 65, 1983; Ord. 1494 Ch. 5 Art. 13 § 513.3, 1927.)

22.56.1020 Application--Burden of proof.

In addition to the information required in the application by Section 22.56.1010, the applicant shall substantiate the following facts:
A. That there will be no need for the number of parking spaces required by Part 11 of Chapter 22.52 because:
1. The age and/or physical condition of the residents is such that the use of automobile is unlikely, or
2. The nature of the use is such that there is a reduced occupancy, or
3. The business or use has established a viable transportation program for its employees and/or customers to use transportation modes other than the single-occupant automobile. Such a program shall include positive incentives such as van pools, transit fare subsidies, commuter travel allowances, car pools or bicycle commuter facilities. Where appropriate, proximity to freeways with high-occupancy vehicle (HOV) lanes, bus routes, park-and-ride facilities, people-movers, rapid transit stations, bikeways, or other similar facilities shall be a factor in this consideration, or
4. Sufficient land area is reserved or an alternative arrangement is approved to insure that the parking requirements may be complied with should the use, occupancy, or transportation program change. Such reservation or alternative may be waived for certain senior citizen and handicapped person housing developments where the director finds that it is unnecessary because of the anticipated permanent nature of such use. If required, the reserved land area shall be so located and developed in such a manner that it can be feasibly converted to parking if needed;
B. That there will be no conflicts arising from special parking arrangements allowing shared facilities, tandem spaces or compact spaces because:
1. Uses sharing parking facilities operate at different times of the day or days of the week, or
2. Parking facilities using tandem spaces will employ valets or will utilize other means to insure a workable plan, or
3. Apartment houses using compact spaces for a portion of the required parking have a management program or homeowners’ association to assure an efficient distribution of all parking spaces;
C. That off-site facilities, leases of less than 20 years, rear lot transitional parking lots and uncovered residential parking spaces will provide the required parking for uses because:
1. Such off-site facilities are controlled through ownership, leasing or other arrangement by the owner of the use for which the site serves and are conveniently accessible to the main use, or
2. Such leases are written in such a way as to prevent multiple leasing of the same spaces or cancellation without providing alternate spaces; such leases shall contain other guarantees assuring continued availability of the spaces, or
3. Such transitional lots are designed to minimize adverse effects on surrounding properties, or
4. Uncovered parking for low and moderate income residential developments will be appropriately screened and compatible with the surrounding neighborhood;
D. That the requested parking permit at the location proposed will not result in traffic congestion, excessive off-site parking, or unauthorized use of parking facilities developed to serve surrounding property;
E. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping and other development features prescribed in this Title 22. (Ord. 83-0161 § 66, 1983; Ord. 1494 Ch. 5 Art. 13 § 513.4, 1927.)

22.56.1030 Application--Fee and deposit.

When an application is filed, it shall be accompanied by the filing fee and deposit as required in Section 22.60.100. (Ord. 1494 Ch. 5 Art. 13 § 513.5, 1927.)

22.56.1050 Application--Notice requirements.

A. In all cases where an application is filed, the director shall cause a notice indicating the applicant’s request at the location specified to be forwarded by first-class mail, postage prepaid, to:
1. All persons whose names and addresses appear on the latest available assessment roll of the county of Los Angeles as owning property within a distance of 500 feet from the exterior boundaries of the property on which the permit is filed. A notice shall also be sent in a similar manner to “occupant” at the site address in those cases where the mailing address of any owner of property required to be notified under the provisions of this subsection differs from the site address of such property. In the case of an apartment house, a notice addressed to “occupant” shall be mailed to each dwelling unit; and
2. Such other persons or groups whose property or interests might, in his judgment, be affected by such application or permit.
B. Such notice shall also indicate that any person, opposed to the granting of such permit may express such opposition by written protest to the director within 14 calendar days following the date on the notice. (Ord. 2008-0026 § 10, 2008: Ord. 83-0161 § 68, 1983.)

22.56.1060 Application--Findings and decision.

A. The director shall approve an application for a parking permit where the following findings are made:
1. That the applicant has met the burden of proof set forth in Section 22.56.1020; and
2. That no written protest to the proposed parking permit has been received within 14 calendar days following the date on the notice sent by the director pursuant to Section 22.56.1050.
B. The director shall deny the application where the information submitted by the applicant fails to substantiate the findings to his satisfaction.
C. The director shall send a notice of his decision to the applicant and any person requesting notification and anyone who has filed a written protest. Such notice shall indicate that an appeal may be filed pursuant to Section 22.56.1065.
D. The decision of the director shall become final and effective on the 15th calendar day following the date on the notice of action taken; provided, that neither a written appeal of the action taken has been filed with the commission on or before the 14th calendar day following the date on the notice, nor a further review by the commission of the director’s decision has been timely initiated by the board of supervisors, or a member of the board of supervisors.
E. In all cases where a written protest has been received, or where the board of supervisors, either individually or collectively, requests, a public hearing shall be scheduled before the hearing officer. In such case, all procedures relative to notification and public hearing set forth in Part 4 of Chapter 22.60 shall be followed. Following a public hearing the hearing officer shall approve or deny the proposed modification, based on the findings required by this section for approval by the director exclusive of written protest. (Ord. 2008-0026 § 11, 2008: Ord. 83-0161 § 69, 1983.)

22.56.1065 Appeal procedures.

Any person dissatisfied with the action of the director or the hearing officer, as applicable, may file an appeal of such action with the commission, and any person dissatisfied with the decision of the commission may file an appeal with the board of supervisors. All such appeals shall be filed within the time period set forth in, and shall be subject to all of the other provisions of Part 5 of Chapter 22.60. (Ord. 2008-0026 § 12, 2008: Ord. 85-0195 § 34, 1985; Ord. 83-0161 § 70, 1983.)

22.56.1067 Request for further review.

In addition to the procedure for initiation of appeals pursuant to Section 22.60.200, within the appeal period, one or more members of the board of supervisors may request further review by the board of supervisors of a commission action on a parking permit. (Ord. 83-0161 § 70.5, 1983.)

22.56.1070 Agreement to develop following termination or approved use.

A. Where a parking permit is approved, the owner of the land shall furnish and record an agreement in the office of the county recorder of Los Angeles County, California, as a covenant running with the land for the benefit of the county of Los Angeles, providing that, should such parking permit terminate, the owner or his successor in interest will develop the parking spaces needed to bring the new use or occupancy into conformance with the requirements of Part 11 of Chapter 22.52 at the time such new use or occupancy is established.
B. Where a parking permit is approved for off-site parking, the agreement shall be recorded on both the lot or parcel of land containing the principal use as well as the lot or parcel of land developed for off-site parking.
C. All agreements shall be reviewed and approved by the planning director and county counsel prior to recordation. (Ord. 83-0161 § 71, 1983: Ord. 1494 Ch. 5 Art. 13 § 513.10, 1927.)

22.56.1080 Decision--Effective date.

The effective date of a decision made on a permit under this Part 7 shall be as set forth in Section 22.60.260. (Ord. 2008-0026 § 13, 2008: Ord. 1494 Ch. 5 Art. 13 § 513.14, 1927.)

22.56.1090 Date of grant when an appeal is filed.

Where an appeal is filed to any parking permit, and the permit is ultimately granted, the date of the decision by the commission or the board of supervisors of such appeal, whichever is later, shall be deemed the date of grant in determining the expiration date. (Ord. 2008-0026 § 14, 2008: Ord. 83-0161 § 72, 1983: Ord. 1494 Ch. 5 Art. 13 § 513.12, 1927.)

22.56.1100 All regulations apply unless permit is granted.

Unless specifically modified by a parking permit, all regulations prescribed in Part 11 of Chapter 22.52 shall apply. (Ord. 1494 Ch. 5 Art. 13 § 513.15, 1927.)

22.56.1110 Imposition of additional conditions.

In approving an application for a parking permit, additional conditions may be imposed as deemed necessary to insure that the permit will be in accord with the findings required by Section 22.56.1060. Conditions imposed may include those in Section 22.56.100 and, in addition, the following conditions shall be imposed, where applicable, unless specifically waived or modified:
A. The required parking spaces for senior citizens and handicapped persons may be reduced to not less than one space for each four dwelling units;
B. Where reduced occupancy is a primary consideration in the approval of a parking permit, the maximum occupant load for such use shall be established;
C. Where special programs are proposed to reduce the parking requirement, they shall be reviewed annually to determine their effectiveness. In the event that such programs are terminated or unsuccessful, the property owner shall supply the required parking;
D. The required parking spaces for all uses other than a senior citizens and handicapped housing development may be reduced to not less than 50 percent of the parking spaces required by Part 11 of Chapter 22.52;
E. Where land is required to be reserved to insure that sufficient area is available to meet the parking requirements, restrictions shall be imposed on such land so that it can feasibly be converted to parking if needed;
F. Where shared parking facilities are approved, operating conditions such as hours or days of operation shall be established for each use sharing the facility;
G. Where tandem parking is proposed for nonresidential uses, there shall be valets or other persons employed to assist in the parking of automobiles. The ratio of valets to parking spaces shall be established. The parking of automobiles by valets on public streets shall be prohibited. Each tandem parking space shall be eight feet wide; the length of the space shall be 18 feet for each automobile parked in tandem. Parking bays shall contain only two parking spaces where access is available from only one end. Bays of four parking spaces may be permitted where access is available from both ends.
H. Where compact parking is proposed for apartments, no more than 40 percent of the required spaces shall be for compact automobiles. A program to manage the distribution of parking spaces shall be approved and operated by the apartment management or a homeowners’ association.
I. If off-site automobile parking facilities are proposed, such facilities must be within 400 feet from any entrance of the use to which they are accessory. Parking for employees shall be located within 1,320 feet from the entrance to such use. Directions to such facilities shall be clearly posted at the principal use.
J. Where leasing of parking facilities is proposed for any period less than 20 years, the applicant shall guarantee that the leased spaces are available for his sole use, the lease shall be recorded in the office of the county recorder, and the applicant shall demonstrate that he has the ability to provide the required number of spaces should the lease be cancelled or terminated. Except for the term of the lease, the provisions of subsection A of Section 22.52.1020 relating to leases shall apply. A copy of such lease shall be submitted to the planning director and county counsel for review and approval. Other conditions including, but not limited to, requiring title reports, covenants and bonding may also be imposed where necessary to insure the continued availability of leased parking spaces.
K. Where transitional parking is proposed for lots whose rear lot line adjoins or is separated only by an alley from a commercial or industrial zone, no access is permitted from the parking facility to the street on which the lot fronts. The parking facility shall be developed in accordance with the standards of Part 11 of Chapter 22.52 and Section 22.20.090, unless specifically waived or modified by the parking permit. The hours and days of operation shall be established to prevent conflicts with adjoining less restrictive uses, and the facility shall be secured to prevent unauthorized use during times when the facility is closed.
L. Where uncovered parking is proposed for low and moderate income housing, the following setback and screening provisions, shall be complied with:
1. Uncovered parking spaces shall not be located in the required front, side, corner side or rear yards except in those places where garages or carports are permitted in accordance with Part 2 of Chapter 22.48.
2. Uncovered parking spaces shall be screened by a six-foot high solid fence or wall or by a three-foot wide planting strip along the sides of the parking space if the space is located within 10 feet of any property line.
a. Landscaping material in the planting strip shall consist of evergreen trees and/or shrubs of such size, spacing and character that they form an opaque screen five to six feet high within two years of planting. This landscaping must be continuously maintained.
b. Such buffering by walls, fences or landscaping is optional where the lots or parcels of land adjoining the uncovered parking area are developed with parking facilities, either covered or uncovered.
3. Uncovered parking spaces will be permitted only for those units actually designated for low or moderate income housing.
M. In the event that any applicant and/or property owner is unable to comply with the provisions of the parking permit, the use for which permit has been granted shall be terminated, reduced, or removed unless some other alternative method to provide the required parking is approved by the director.
N. The parking permit shall be granted for a specified term where deemed appropriate. (Ord. 83-0161 § 73, 1983: Ord. 1494 Ch. 5 Art. 13 § 513.9, 1927.)

22.56.1120 Continuing validity of permit.

A parking permit that is valid and in effect, and was granted pursuant to the provisions of this Title 22, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land. (Ord. 1494 Ch. 5 Art. 13 § 513.16, 1927.)

22.56.1130 Termination on cessation of use or occupancy.

An approved parking permit shall terminate and cease to be in effect at the same time the principal use or occupancy for which such permit is granted terminates. (Ord. 1494 Ch. 5 Art. 13 § 513.11, 1927.)

22.56.1140 Permit does not legalize nuisances.

Neither the provisions of this Part 7 nor the granting of any permit provided for in this Part 7 authorizes or legalizes the maintenance of any public or private nuisance. (Ord. 1494 Ch. 5 Art. 13 § 513.13, 1927.)

Part 8 SUBDIVISION DIRECTIONAL SIGNS

22.56.1150 Definitions.

As used in this Part 8 of Chapter 22.56:
A. “Subdivision development” means a subdivision located wholly or partially within the county, a final map of which was recorded prior to the date on which an application for a conditional use permit for a subdivision directional sign pursuant to the provisions of this Part 8 was filed.
B. “Subdivision directional sign” means a temporary single or double-faced sign used for the purpose of providing travel directions to one subdivision development offered for public sale for the first time. (Ord. 1494 Ch. 5 Art. 6 §§ 506.1 and 506.2, 1927.)

22.56.1160 Permit requirements generally.

A. Except as otherwise provided in this Part 8, all procedure relative to application, notification, public hearing and appeals governing conditional use permits for subdivision directional signs shall be the same as for other conditional use permits provided in Part 1 of this chapter.
B. Each application shall be for one subdivision directional sign only. (Ord. 1494 Ch. 5 Art. 6 § 506.3, 1927.)

22.56.1170 Application--Additional information required.

In addition to the information required by Section 22.56.030, an application for a subdivision directional sign shall contain the following information;
A. An exact quotation of the message to be placed upon the sign;
B. A list of all previously approved subdivision directional signs for the same subdivision development, whether existing or not;
C. The name of the owner of the sign and the owner of the and on which the sign is to be placed;
D. The signatures of both the owner of the sign and the applicant, or their designated representative. Such designated representative shall be appointed only as a result of a letter of authorization and a copy of such letter shall be attached to the application. (Ord. 1494 Ch. 5 Art. 6 § 506.4, 1927.)

22.56.1180 Application--Fee.

When an application is filed it shall be accompanied by the filing fee as required by Section 22.60.100. (Ord. 1494 Ch. 5 Art. 6 § 506.5, 1927.)

22.56.1190 Approval--Term and conditions.

A. In addition to the requirements of Section 22.56.090, the hearing officer shall find that such subdivision directional sign will comply with the development standards required by Section 22.56.1210.
B. Approval of such sign may be for a period of not to exceed one year; provided, however, that the hearing officer, where evidence is submitted to its satisfaction that a continuing need for travel directions to the subdivision development for which such sign was approved exists, may extend such permit for not more than one year if the applicant files a request for such extension prior to the expiration of his original permit. Only one extension may be granted. (Ord. 85-0195 § 35, 1985; Ord. 1494 Ch. 5 Art. 6 § 506.8, 1927.)

22.56.1200 Hearing officer approval--Filing of deposit and agreement.

A. The hearing officer shall require as a condition of approval with each application the deposit of the sum of $175.00 or savings and loan certificates in the same amount as provided in Chapter 4.36 of this code, and an agreement signed by the applicant, the owner of the sign and the owner of the property on which the sign is to be placed, by which such persons agree that the county may enter upon the land upon which the sign is located and remove it, if such sign is not removed and the site thereof restored to a neat and orderly condition within five days after the termination of the permit. The said applicant and owners also shall agree that if such sign is not so removed by them within said five days and the site restored, the county may retain the deposit or savings and loan certificates as liquidated damages.
B. Any applicant may, in lieu of filing a separate deposit with each application, file a single cash deposit or savings and loan certificates in the amount of $ 3,000.00 to cover all of his applications for subdivision directional signs approved pursuant to this Part 8. A rider showing the administrative file number (permit number) and such other information as may be necessary to readily identify each application covered by such deposit shall be filed. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 6 § 406.10, 1927.)

22.56.1210 Development standards.

All subdivision directional signs shall comply with the following regulations:
A. The written and illustrative messages shall be the same as quoted in the application and as shown on the plot plan except as otherwise permitted by the hearing officer, and shall be limited to necessary travel directions, the name of the land development project to which it pertains, a characteristic trademark or insignia, and other such information describing the character of the development as may be specifically approved by the hearing officer; provided, however, that such information shall be auxiliary to the sign’s primary purpose of providing travel directions. The sign shall not contain any other advertising.
B. Such signs shall not exceed a height or width in excess of 20 feet and shall not have an area in excess of 180 square feet per face.
C. An unobstructed open space shall be maintained to a height of eight feet below the sign except for structural supports. Where topographic features create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with the provisions of this subsection, the hearing officer may, without notice or hearing, modify this requirement.
D. The sign shall be located not less than 500 feet from any other subdivision directional sign.
E. No additions, tags, streamers or appurtenances may be added to an approved sign.
F. Not more than four single- or double-faced signs pertaining to the same subdivision development may be used at the same time.
G. Such signs shall be used and located within four miles from the exterior boundary of the subdivision development to which they relate.
H. Such signs shall not be located within the right-of-way of any highway, parkway, street or alley or along established and existing freeways which have been designated as freeway routes by the Division of Highways of the state of California or along scenic highways.
I. Identification shall be placed on such sign indicating the permit number, sign, owner and expiration date.
J. Where the distance between the faces of a double-faced sign is more than 24 inches, such faces shall be considered two separate signs.
K. All exposed backs of such signs visible to the public shall be suitably covered in order to conceal the structure and be properly maintained. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 6 § 506.9, 1927.)

22.56.1220 Combining signs for separate developments--Conditions.

The hearing officer may, where an applicant concurrently files applications for conditional use permits for subdivision directional signs pertaining to more than one subdivision development, modify the standards contained in subsections C and D of Section 22.56.1210 to permit the grouping or combining of two or more signs providing travel directions to different developments. Such two or more separate signs may be grouped together in one structure or may be consolidated into one sign where in the hearing officer’s opinion such grouping or combining helps to reduce visual clutter and distraction. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 6 § 506.12, 1927.)

22.56.1230 Removal or relocation of signs required when.

If a highway, parkway, street or alley is widened so that the location of the sign is included in the right-of-way, the owner, at no expense to the county shall either remove such sign or relocate it outside of the new right-of-way. (Ord. 1494 Ch. 5 Art. 6 § 506.11, 1927.)

Part 9 SURFACE MINING PERMITS

22.56.1240 Establishment--Purpose.

A. The surface mining permit is established to regulate surface mining and reclamation of mined lands in compliance with the California Surface Mining and Reclamation Act of 1975, Division 11, Chapter 9, Public Resources Code, beginning with Section 2710.
B. It is the intent in regulating surface mining activities to insure that:
1. The production and conservation of minerals is encouraged while addressing concerns relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment during and after mining operations; and
2. Adverse effects on the environment, including air pollution, impedence of groundwater movement and water quality degradation, damage to wildlife habitat, flooding, erosion and excessive noise are prevented or mitigated; and
3. Mined lands are returned to a usable condition readily adaptable for alternative land uses, with no residual hazards to public health or safety; and
4. Consistency is achieved with the mineral resources management policies of the Los Angeles County General Plan. (Ord. 92-0032 § 4, 1992: Ord. 1494 Ch. 5 Art. 11 § 511.1, 1927.)

22.56.1250 Permit and reclamation plan required.

Except as specified in Section 22.56.1260, a person shall not use any property within the unincorporated area of Los Angeles County for surface mining operations unless a surface mining permit is first obtained and a reclamation plan is approved as provided by this Part 9 of Chapter 22.56. (Ord. 1494 Ch. 5 Art. 11 § 511.2, 1927.)

22.56.1260 Exemptions to Part 9 requirements.

The provisions of this Part 9 are not applicable to any of the following activities or situations:
A. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or other natural disaster;
B. Surface mining operations that are required by federal law in order to protect a mining claim if such operations are conducted solely for that purpose;
C. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less;
D. Any surface mining operation for which a valid, unexpired zone exception was granted prior to November 23, 1970, or for which a valid conditional use permit is in full force and effect, or which was lawfully established in Zone Q, provided that such operation shall remain in compliance with and subject to all limitations and conditions imposed by such former grant or zone, and provided further that all reclamation plans, interim management plans and financial assurances shall be obtained or provided as required by this Title 22 and the Public Resources Code, Division 2, Chapter 9 beginning with Section 2710. (Ord. 92-0032 § 5, 1992: Ord. 82-0106 § 4, 1982; Ord. 1494 Ch. 5 Art. 11 § 511.3, 1927.)

22.56.1270 Application--Information and documents required.

An application for a surface mining permit shall include the following information and documents:
A. The names and addresses of the applicant and the mining operator, if different, and of any persons designated by the applicant as his agents for service of process;
B. The names and addresses of all persons owning a possessory and/or mineral interest in any or all of the property to be used for mining operations;
C. The location of the subject property (address or vicinity);
D. The legal description of the property involved;
E. The nature and extent of the proposed surface-mining operations, including the anticipated quantity and type of minerals to be extracted, the method of extraction and processing, and the equipment to be used;
F. The nature, condition and development of adjacent uses, buildings and structures;
G. A site plan, drawn to a scale satisfactory to and in the number of copies prescribed by the director, indicating:
1. The area and dimensions of the proposed mining site,
2. The location and dimensions of all topographic features of such lands,
3. The location and dimensions of all existing and proposed buildings and structures, including roads, railroads, fences, gates, walls, parking and loading facilities, and signs, on the site,
4. The location and dimensions of proposed processing, storage and ponding areas,
5. The location of all existing and proposed roads intended to provide access to major or secondary highways and parkways,
6. The location, width and grade of all easements or rights-of-way on or adjacent to the property,
7. The location of al areas on the property subject to inundation or flood hazard and the locations, width and directions of flow of all watercourses and flood control channels which may be affected by the mining operations,
8. Existing elevations of the site in contours of 25-foot intervals,
9. Typical cross-sections showing the extent of overburden, extent of mineral deposits, and the existing groundwater level;
H. The proposed date for the commencement of and an estimated time schedule for the completion of mining operations. If the mining operation is to be accomplished in phases, the time schedule shall indicate the estimated beginning and completion of such operations for each phase;
I. The operating practices proposed to be used to minimize noise, dust, air contaminants and vibration;
J. The methods to be used to prevent pollution of surface or underground water;
K. A detailed description of the manner in which mining wastes and related contaminants will be controlled and disposed of during mining operations;
L. The disposition of overburden or top soils;
M. A reclamation plan, as provided in this Part 9, for all lands covered by this permit;
N. Such other information as the director and/or commission may require. The director may waive the filing of one or more of the above items where unnecessary to process the application. (Ord. 1494 Ch. 5 Art. 11 § 511.6, 1927.)

22.56.1280 Application--Filing time--Plans for existing operations.

A. Any person desiring a surface mining permit as provided for in this Title 22 may file an application with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the hearing officer or board of supervisors on an application for the same or substantially the same permit. In all cases, the required reclamation plan shall accompany the surface mining permit application.
B. In any case of existing surface mining operations as described in subsection D of Section 22.56.1260, the required reclamation plan may be filed with the director without an application for a surface mining permit. Such reclamation plans shall be filed no later than one year from January 26, 1980, the effective date of the ordinance codified in this provision. (Ord. 85-0195 § 11 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.5, 1927.)

22.56.1290 Reclamation plan--Information and documents required.

A. The reclamation plan shall be applicable to a specific property or properties and shall be based upon the character of the surrounding area and such characteristics of the property as the type of overburden, vegetation, soil stability, topography, geology, climate, stream characteristics and principal mineral commodities.
B. All reclamation plans shall contain the following information and documents:
1. The estimated time schedule for the beginning and completion of reclamation activities. If the mining operation is to be accomplished in phases, the time schedule shall indicate the estimated beginning and completion of reclamation activities for each phase;
2. An estimate of the cost of completion of reclamation activities, computed at current cost at the time proposed in the time schedule submitted for completion of the reclamation plan;
3. A description of the existing vegetation at and surrounding the site;
4. A general description of the geology of the surrounding area and a detailed description of the geology at the reclamation site;
5. A description of the proposed use or potential uses of land after reclamation, and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;
6. A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including:
a. The manner in which mining wastes and related contaminants will be controlled and disposed of;
b. The manner in which affected streambed channels and streambanks will be rehabilitated to a condition minimizing erosion and sedimentation;
7. An assessment of the effect of implementation of the reclamation plan on future mining in the area;
8. A statement by the applicant that he accepts responsibility for reclaiming mined lands in accordance with the approved reclamation plan;
9. A statement by the applicant that he accepts responsibility for all completed reclamation work for a period of two years or such greater period as deemed necessary by the hearing officer to assure the permanency of all features of the reclamation plan. This subsection shall not apply to normal maintenance and repairs unrelated to the reclamation work on public facilities where dedicated to and accepted by the county of Los Angeles;
10. Such other information as the hearing officer and/or director may require. The director may waive the filing of one or more of the above items where unnecessary to process the application.
C. Where reclamation plans are not filed as a part of a surface mining permit, such plan shall be accompanied by an application for separate reclamation plan approval which contains the following information:
1. The names and addresses of the applicant and the mining operator, if different, and of any persons designated by the applicant as his agents for service of process;
2. The names and addresses of all persons owning a possessory and/or mineral interest in any or all of the property to be used for mining operations;
3. A statement indicating the reason under Section 22.56.1260 why a surface mining permit is not required. Include any identifying conditional use permit or zone exception case numbers.
4. The requirements of subsections C, D, E, F, G and H of Section 22.56.1270. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.7, 1927.)

22.56.1300 Application--Burden of proof.

In addition to the information required in the application by Section 22.56.1270, the applicant of a surface mining permit shall substantiate to the satisfaction of the hearing officer the following facts:
A. That the requested surface mining operation conducted at the location proposed will not adversely affect the health, safety or welfare of persons residing in the surrounding area or otherwise endanger or constitute a menace to the public health, safety or general welfare; and
B. That adverse ecological effects resulting from surface mining operations will be prevented or minimized; and
C. That the proposed site is adequately served by streets or highways of sufficient width and improved as necessary to facilitate the kind and quantity of traffic surface-mining operations will or could generate; and
D. That the proposed site for surface mining operations is consistent with the General Plan for Los Angeles County. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.8, 1927.)

22.56.1310 Application or plan--Fee and deposit.

When a surface mining permit application or reclamation plan is filed, it shall be accompanied by the filing fee and deposit as required in Section 22.60.100. (Ord. 1494 Ch. 5 Art. 11 § 511.9, 1927.)

22.56.1320 Application or plan--Denial for lack of information.

The hearing officer may deny, without a public hearing, an application for a surface mining permit and/or a reclamation plan if such application or plan does not contain the information required by Sections 22.56.1270, 22.56.1290 and 22.56.1300. The hearing officer may permit the applicant to amend such application. (Ord. 85-0195 § 13 and 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.10, 1927.)

22.56.1330 Application or plan--Public hearing required.

In all cases where an application for a surface mining permit and/or reclamation plan is filed, the public hearing shall be held pursuant to the procedure provided in Part 4 of Chapter 22.60. (Ord. 2008-0043 § 11, 2008: Ord. 85-0195 § 36, 1985: Ord. 85-0009 § 13, 1985: Ord. 14944 Ch. 5 Art. 11 § 511.11, 1927.)

22.56.1340 Application of plan--Notification of filing.

The director of planning shall furnish a copy of each submitted application for a surface mining permit, reclamation plan and proposal for financial assurance to the State Geologist and the Director of Public Works. The director of planning shall notify the State Department of Transportation of a request for a surface mining permit, if notification of the Department of Transportation is required pursuant to Section 2770.5 of the Public Resources Code. (Ord. 92-0032 § 6, 1992: Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.12, 1927.)

22.56.1350 Application or plan--Protection of proprietary information.

Applications for surface mining permits, reclamation plans and other documents submitted pursuant to this Part 9 are public records, unless it can be demonstrated to the satisfaction of the hearing officer that the release of such information, or part thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. The hearing officer shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the State Geologist and to persons authorized in writing by both the mining operator and the applicant or his successor in interest. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.13, 1927.)

22.56.1360 Application--Findings prerequisite to approval.

A. The hearing officer shall not approve an application for a surface mining permit unless he finds that the burden of proof set forth in Section 22.56.1300 and the requirements for reclamation plan approval set forth in Section 22.56.1410 have been met by the applicant.
B. Repealed by Ord. 92-0032. (Ord. 92-0032 § 7, 1992: Ord. 85-0195 §§ 14 (part), 37, 1985; Ord. 1494 Ch. 5 Art. 11 § 511.14, 1927.)

22.56.1365 Annual report.

The mine operator shall submit annually to the director of public works copies of all reports required pursuant to Section 2207 of the Public Resources Code. (Ord. 92-0032 § 8, 1992.)

22.56.1370 Imposition of additional conditions authorized when.

In approving an application for a surface mining permit, the hearing officer may impose such conditions as it deems necessary to insure that the permit will be in accord with the findings required by Section 22.56.1360 and the requirements of Section 22.56.1380. These conditions may involve any pertinent factors affecting the establishment, operation and maintenance of surface mining operations including but not limited to:
A. Off-street parking for equipment and for the cars of employees;
B. Screening and/or landscaping to assure integration with surrounding areas;
C. Regulation of signs;
D. The surfacing of parking areas and roads;
E. Days of operation;
F. The following factors for which standards are established in Section 22.56.1380:
1. Setbacks,
2. Hours of operation,
3. Fencing,
4. Grading benches,
5. Regulation of noise, dust, bright lights, smoke, vibrations, dirt and odors. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.15, 1927.)

22.56.1380 Development standards for mining operations.

Unless the hearing officer deems otherwise, and so specifies in the permit, surface mining operations shall comply with Section 3503 of Title 14 of the California Code of Regulations and be conducted in accordance with the following requirements:
A. Slopes.
1. No excavation shall be permitted that creates a temporary slope steeper than one foot horizontally to one foot vertically. The county engineer or the chief engineer of the Flood Control District, whichever agency has jurisdiction, may require that excavations be made with a cut face more flat in slope than the above slope requirements if he deems it necessary for slope stability and public safety at any time.
2. Temporary slopes shall not be created that will interfere with the construction of finished slopes conforming to the requirements of the reclamation plan.
3. Slopes affecting off-site property shall meet the requirements of Chapter 70 of Title 26 of the County Code.
B. Erosion and Sedimentation Control.
1. Measures shall be taken to prevent erosion of adjacent lands by waters discharged from the site of mining operations and the off-site discharge of sediment. Such measures may include the revegetation of slopes and the construction of properly designed retarding basins, settling ponds and other water treatment facilities, ditches and diking.
2. No discharge of sediment into off-site bodies of water shall be permitted that will result in higher concentrations of silt than existed in such water prior to surface mining operations.
3. Stockpiles of overburden and minerals shall be managed to minimize water and wind erosion.
4. The removal of vegetation and overburden in advance of surface mining shall be kept to a minimum.
C. Water Quality Control. Mining operations shall be conducted in accordance with applicable standards of the Regional Water Quality Control Board or any other agency with jurisdiction over water quality.
D. Protection of Fish and Wildlife Habitat. All reasonable and practicable measures shall be taken to protect the habitats of fish and wildlife during surface mining operations.
E. Runoff and Flood Control. Surface mining operations shall be conducted in such a manner as to prevent or minimize flooding and/or alteration of the natural drainage system.
F. Setbacks.
1. No surface mining operation or structure shall be located within 50 feet of any public street or highway or any lot or parcel of land in other than the applicant’s ownership unless the written consent of the owner in fee of such property is first secured and recorded in the Los Angeles County recorder’s office, and except where the contiguous property is currently or intermittently being mined in the same manner.
2. No surface mining operation or structure shall be located within 100 feet of any stream bed, flood control channel, reservoir, water conservation facility, area within an adopted Flood Protection District or area designated as an Area of Special Flood Hazard, without first obtaining the approval of the chief engineer of the Los Angeles County Flood Control District or the county engineer, whichever agency has jurisdiction. Where approval is requested, a comprehensive flood-hazard analysis evaluating the effect surface-mining operations will have on drainage and erosion on adjacent property shall also be submitted.
G. Insurance Requirements.
1. Before commencing surface mining operations, the owner or operator shall secure insurance to the extent of $100,000.00 against liability in tort arising from the production, activities or operations incidental thereto conducted or carried on under or by virtue of any law or ordinance, and such insurance shall be kept in full force and effect during the period of such operations.
2. This insurance requirement is separate and independent from any bonding requirement which may be required by the hearing officer to assure the completion of the operator’s reclamation plan as required in Section 22.56.1410 of this Part 9.
H. Control of Dust, Vibrations, Smoke, Dirt, Odors and Bright Lights.
1. All activities of mining and processing minerals shall be conducted in a manner such that dust, vibrations, smoke, dirt, odors and bright lights do not exceed levels compatible with uses of adjacent lands.
2. All private roads shall be wetted while being used, or shall be oiled or hard-surfaced and maintained in order to prevent the emanation of dust. All private access roads leading off any public street or highway shall be paved with asphalt or concrete surfacing not less than three inches in thickness for the first 50 feet of said access road.
I. Boundary Markers. The outer boundaries of all property used or intended to be used for surface mining operations shall be posted within 90 days following the effective date of such mining permit, and permanently thereafter, with signs displaying the message “SURFACE MINING” in letters not less than four inches in height, and in letters not less than one inch in height, the message “This property may be used at any time for the extracting and processing of rock, sand, gravel, decomposed granite, clay and similar materials, by Ordinance No. 1494, County of Los Angeles.” Such signs shall be posted not more than 500 feet apart, with signs placed at each change in direction of boundary lines of the property, and displayed in such a manner as to give reasonable notice to passersby of the message contained thereon.
J. Hours of Operation. All operations shall be restricted to the hours between 6:00 a.m. and 10:00 p.m., except in cases of public emergency, or whenever any reasonable or necessary repairs to equipment are required to be made.
K. Salvage of Topsoil. Unless otherwise specified in the reclamation plan, all topsoil removed in surface mining operations shall be stored at the site of mining operations and shall be used in future reclamation of the site.
L. Benches. Benches shall be provided wherever necessary to control drainage on slopes, or to provide for access, or for public safety as determined by the hearing officer on the recommendation of the county engineer.
M. Fencing. Prior to the commencement of any surface mining operation, the area to be used for such operations shall be enclosed with a fence as required by Chapter 11.48 of this code. Such fencing may be limited to the area currently being used for such operations; provided, however, that the operation shall be continuously enclosed as excavation progresses.
N. Explosives. Storage of explosives for use in surface mining operations shall be subject to Part 5 of this Chapter 22.56. (Ord. 92-0032 § 9, 1992; Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.16, 1927.)

22.56.1390 Uses authorized by permit.

Where a surface mining permit has been obtained pursuant to this Part 9 and while such permit is in full force and effect in conformity with the conditions of such permit, said property shall be used exclusively for surface mining operations and the following specific uses:
A. The stockpiling of rock, sand and gravel, and other minerals, including the installation, maintenance or operation of rock-crushing plants or apparatus:
B. Batching plants or mixing plants for either portland cement or asphaltic concrete, except where specifically prohibited as a condition of such permit;
C. Any use permitted in the zone, subject to the limitations and conditions set forth therein, provided the hearing officer specifically authorizes such use in the permit;
D. Accessory uses to mining operations and processing of minerals. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.4, 1927.)

22.56.1400 Idle mine operations.

A. Within 90 days of a surface mining operation becoming idle, as defined in this Title 22 and in Section 2727.1 of the Public Resources Code, the mine operator shall submit an interim management plan to the director of planning for review and approval as required in Section 2770(h) of the Public Resources Code.
B. Before submitting the plan to the director of planning for review, the mine operator shall request an inspection of the site by the department of public works. Upon notification of the results of the inspection, the operator shall submit a plan indicating what measures will be necessary for the protection of adjacent properties, environmental resources and the general public for review and approval.
C. The interim management plan shall be reviewed and acted upon in accord with the procedures set forth in Section 2770 of the Public Resources Code and upon adoption shall be an amendment to the approved reclamation plan.
D. Required financial assurances shall remain in effect during the period the surface mining operation is idle. Posting shall be maintained as provided in subsection I of Section 22.56.1380.
E. The interim management plan may remain in effect for a period not to exceed five years, at which time the director of planning in accordance with Section 2770 of the Public Resources Code shall do one of the following:
1. Renew the interim management plan for a period not to exceed five years, if the director of planning finds that the surface mining operator has complied fully with the interim management study;
2. Require the surface mining operator to commence reclamation in accordance with the approved reclamation plan.
F. Notwithstanding any provision of this Title 22 or of an entitlement granted pursuant to this Title 22, unless review of an interim management plan is pending before the hearing officer or the Regional Planning Commission or an appeal is pending before the board of supervisors, a surface mining operation which after January 1, 1991, remains idle for over one year after becoming idle without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan. (Ord. 92-0032 § 10, 1992; Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.17, 1927.)

22.56.1410 Reclamation plan--Findings prerequisite to approval.

A.1. The hearing officer shall approve a reclamation plan if the hearing officer finds, based upon substantial evidence in the record, that the plan conforms to the requirements of Sections 2772, 2773 and 2773.1 of the Public Resources Code, Section 3501 and 3503 of Title 14 of the Code of Regulations and the provisions of this Title 22 and, further, that the mined lands will be reclaimed so that they are readily adaptable for uses consistent with the general plan.
2. Should the hearing officer take an action which is at variance with a recommendation or objection raised by the State Geologist, the hearing officer’s findings shall address, in detail, why the specific comment or objection was not accepted.
B. In approving a reclamation plan, the hearing officer:
1. Shall require such changes to the plan and impose such conditions as are necessary to conform the plan to requirements of the applicable state and County Codes, including provision of financial assurances and annual adjustments of such assurances as required by said act and regulations;
2. Shall establish a schedule for beginning and completion of all reclamation activities, which schedule shall, at the discretion of the hearing officer, be based upon times certain or upon milestone events, or a combination of both;
3. Shall establish a schedule for annual inspections of reclamation activities pursuant to the provisions of Section 2772(b) of the Public Resources Code;
4. Shall establish a schedule for periodic review of the reclamation plan at intervals of not less than 10 years, said review to be conducted as provided in Section 22.56.1440;
5. Shall require as a condition of approval financial assurances in accordance with Section 2773.1 of the Public Resources Code;
6. Shall require that the mine operator file a covenant against the property with the county recorder containing the following statement before commencing operation of a new surface mine or, in the case of an existing mine as described in subsection D of Section 22.56.1260, within 30 days following notice of approval:
This property is subject to Reclamation Plan (enter case number), requiring, together with other conditions, the completion of a reclamation program before use of the property for a purpose other than surface mining, except as otherwise provided in said plan. Agents of the County of Los Angeles and the State of California may enter upon such land to enforce reclamation plan and to effect reclamation, subject to compliance with applicable provisions of law.
The hearing officer may require modification of the reclamation plan or impose such conditions that the hearing officer deems necessary to insure that the plan is in accord with the requirements of Section 22.56.1420. (Ord. 92-0032 § 12, 1992.)

22.56.1415 Financial assurances.

A. Each mine operator shall provide and maintain financial assurances for completion of reclamation of disturbed lands in compliance with the approved reclamation plan and Section 2773.1 of the Public Resources Code and the administrative regulations adopted pursuant to said Section 2773.1.
B. At the time of each annual inspection, and as provided by Section 2770 of the Public Resources Code, the director of public works shall establish the amount of financial assurance required pursuant to the approved reclamation plan and state law and regulations.
C. In the case of a new mine or of an idle mine which is to be reactivated after not having been worked since January 1, 1976, the financial assurance shall be tendered to the county before commencement of mining operations. The director of public works shall establish the amount of such assurance based upon the estimated amount of disturbed lands after the first full year of mining.
D. The director of public works shall notify the mine operator of the amount of assurance in person or by certified mail, with copies sent to the director of planning and the State Geologist.
E. For ongoing mining operations the assurance shall be tendered to the county within 60 days of receipt by the mine operator of notice of the amount of the assurance from the director of public works.
F. Forfeiture of the financial assurances shall be subject to the provisions of Section 2772.1 of the Public Resources Code and all proceeds from the forfeited financial assurances shall be used to conduct and complete reclamation in accordance with the approved reclamation plan. (Ord. 92-0032 § 13, 1992.)

22.56.1420 Reclamation activities--Specifications.

Unless otherwise specified in the approved reclamation plan, the reclamation of mined lands shall be carried out in accordance with the following requirements:
A. Concurrent Reclamation.
1. The reclamation of mined lands shall occur as soon as practical following completion of mining operations at successive locations within the mining site as required by the schedule in the approved reclamation plan.
2. The reclamation of lands affected by surface mining operations shall be completed within one year of the completion of mining operations on such lands.
B. Disposal of Overburden and Mining Waste.
1. Permanent piles or dumps of overburden and waste rock placed on the land shall be made stable, shall not restrict natural drainage without provision for diversion, and shall have an overall smooth or even profile subject to the satisfaction of the county engineer or the chief engineer of the Los Angeles County Flood Control District, whichever agency has jurisdiction. Where practical, such permanent piles or dumps shall be located in the least visible location at the mining site.
2. Old equipment and inert mining wastes shall be removed or buried subject to the approval of the hearing officer.
3. Toxic materials shall be removed from the site or permanently protected to prevent leaching into the underlying groundwater, to the satisfaction of the Los Angeles County health department.
4. Overburden and mining waste placed beneath the existing or potential groundwater level which will reduce the transmissivity or area through which water may flow shall be confined to an area approved by the county engineer.
C. Revegetation.
1. All permanently exposed lands that have been denuded by mining operations shall be revegetated to provide ground cover sufficient to control erosion from such lands.
2. All plantings shall be established and maintained in good horticultural condition. The revegetation shall be able to survive under natural conditions, with native species used whenever possible.
3. Revegetation methods shall take into account the topography and existing growth patterns and mixes of flora present at and adjacent to the site of mining operations in order to create a more natural appearance. Plantings shall avoid rigid, geometric patterns and shall utilize natural scatterings.
D. Resoiling.
1. Resoiling measures shall take into consideration the quality of soils which may be required to sustain plant life pursuant to any revegetation that the hearing officer may require in its approval of the applicant’s reclamation plan.
2. Coarse, hard material shall be graded and covered with a layer of finer material or weathered waste. A soil layer shall then be placed on this prepared surface. Where quantities of available soils are inadequate to provide cover, native materials shall be upgraded to the extent feasible for this purpose.
E. Final Slopes.
1. Final slopes shall be engineered and contoured so as to be geologically stable, to control the drainage therefrom, and to blend with the surrounding topography where practical. On the advice of the county engineer, the hearing officer may require the establishment of terrace drains to control drainage and erosion.
2. Final slopes shall not be steeper than two feet horizontal to one foot vertical (2:1) unless the applicant can demonstrate to the hearing officer satisfaction that a steeper slope will not:
a. Reduce the effectiveness of revegetation and erosion control measures where they are necessary; and
b. Be incompatible with the alternate future uses approved by the commission for the site; and
c. Be hazardous to persons that may utilize the site under the alternate future uses approved for the site.
F. Drainage, Erosion and Sediment Control.
1. Any temporary stream or watershed diversion shall be restored to its state prior to any surface mining activities unless the hearing officer deems otherwise based on recommendations from the chief engineer of the Los Angeles County Flood Control District.
2. Stream bed channels and stream banks affected by surface mining shall be rehabilitated to a condition which would minimize erosion and sedimentation.
3. Revegetation and regrading techniques shall be designed and executed so as to minimize erosion and sedimentation. Drainage shall be provided to natural outlets or interior basins designed for water storage, with such basins subject to the approval of the chief engineer of the Los Angeles County Flood Control District or the county engineer, whichever agency has jurisdiction. In addition, final excavation shall eliminate potholes and similar catchments so as to prevent potential breeding areas for mosquitoes.
4. The final grading and drainage of the site shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations.
5. Silt basins which will store water during periods or surface runoff shall be equipped with sediment control and removal facilities and protected spillways designed to minimize erosion when such basins have outlet to lower ground.
6. No condition shall remain after reclamation which will or could lead to degradation of groundwater quality below applicable standards to the Regional Water Quality Control Board or any other agency with jurisdiction over water quality.
G. Backfilling and Grading.
1. Subject to the approval of the county engineer, backfilled and graded areas shall be compacted to avoid excessive settlement and to the degree necessary to accommodate anticipated future uses.
2. Materials used in the refilling shall be of a quality suitable to prevent contamination and/or pollution of groundwater. If materials for backfilling and grading are obtained from an area other than the site of surface mining operations, such materials shall be included and the approximate quantities identified in the applicant’s reclamation plan.
H. Reservoirs, ponds, lakes or any body of water created as a feature of the reclamation plan shall be approved by the chief engineer of the Los Angeles County Flood Control District and by the Los Angeles County health department. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.19, 1927.)

22.56.1430 Establishment of new principal use--Restrictions.

No new principal use shall be established on any property for which a reclamation plan has been approved unless all reclamation required therein has been completed, except as otherwise provided herein. Where concurrent reclamation is approved pursuant to subsection A of Section 22.56.1420, the hearing officer may approve the establishment of a new principal use upon completion of each phase of the reclamation plan. (Ord. 1494 Ch. 5 Art. 11 § 511.26, 1927.)

22.56.1435 Administration and inspections.

A. The director of public works shall conduct such inspections of idle and active surface mines as are required by the terms or conditions of any entitlement, regulation or law, including this Title 22 and the Public Resources Code, Division 2, Chapter 9, beginning with Section 2710, and shall make such additional inspections as the director of public works deems necessary to enforce the terms or conditions of any such entitlement, regulation or the applicable state and County Codes.
B. The department of public works shall report its findings to the mine operator and to the State Geologist, as required by law, and shall report to the director of planning or to other persons or agencies where the director of public works deems it necessary to make such additional notification. (Ord. 92-0032 § 14, 1992.)

22.56.1440 Periodic review of permit conditions and reclamation plan.

The periodic review of the conditions contained in surface mining permits and approved reclamation plans, as provided in Sections 22.56.1370 and 22.56.1420, respectively, shall be conducted by the hearing officer in accordance with the schedule adopted at the time such permits or plans were approved. The hearing officer, in his review, shall hold one or more public hearings pursuant to the procedure provided in Part 4 of this Chapter 22.60, and shall consider such new or changed circumstances as physical development near the mining site and improved technological innovations in the field of reclamation which may significantly improve the reclamation process. Modified permits or reclamation plans shall be binding upon the operator and all successors, heirs and assigns of the applicant. (Ord. 85-0195 § 14 (part) and 39, 1985; Ord. 1494 Ch. 5 Art. 11 § 511.21, 1927.)

22.56.1450 Reclamation plan--Amendments.

Amendments to an approved reclamation plan, including attendant time schedules, may be submitted to the hearing officer at any time, detailing proposed changes from the original plan. Amendments to an approved reclamation plan shall be approved in the manner prescribed for approval of a reclamation plan. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 11 § 511.20, 1927.)

22.56.1460 Fees.

The applicant/operator shall pay to the county the actual cost incurred by the department of public works in conducting inspections and/or reviews pursuant to the provisions of this Part 9. Such cost shall be computed using actual hours expended by staff multiplied by the most current applicable hourly rates, approved by the county auditor-controller, that are available at the time that costs are assessed. (Ord. 92-0032 § 15, 1992.)

22.56.1470 Appeal procedure.

An applicant whose request for a surface mining permit to conduct mining operations has been denied, or any person who is aggrieved by the granting of a permit to conduct mining operations in an area of statewide or regional significance may, within 15 days following denial of an appeal, also appeal to the State Mining and Geology Board as provided in Section 2775 of the California Surface Mining and Reclamation Act of 1975. (Ord. 85-0195 § 40, 1985: Ord. 1494 Ch. 5 Art. 11 § 511.23, 1927.)

22.56.1490 Expiration date.

The hearing officer may establish an expiration date for a surface mining permit. Where no expiration date is specified in the permit, the permit shall terminate and cease to be in effect at the time a new principal use is established on the subject property or upon being deemed abandoned, as provided in Section 22.56.1400, whichever occurs first. (Ord. 92-0032 § 17, 1992.)

Part 10 NONCONFORMING USES, BUILDINGS AND STRUCTURES

22.56.1500 Definitions.

As used in Part 10 of this Chapter 22.56 the expressions “Type I, Type II, Type III, Type IV and Type V building” are used as defined in Part V, Chapter 17 of Ordinance 2225, the County Building Code, set out in Title 26 of this code. (Ord. 1494 Ch. 5 Art. 9 § 509.3, 1927.)

22.56.1510 Regulations applicable.

The following regulations shall apply to all nonconforming uses and to all buildings or structures nonconforming due to use and/or standards as specified herein:
A. Continuation. A nonconforming use or a building or structure nonconforming due to use and/or standards may be continuously maintained provided there is no alteration, enlargement or addition to any building or structure; no increase in occupant load; nor any enlargement of area, space or volume occupied by or devoted to such use, except as otherwise provided in this Title 22.
B. Additions to a Nonconforming Use or a Building or Structure Nonconforming Due to Use and/or Standards. This section does not authorize the extension, expansion, or enlargement of the area of land or the area within a building or structure devoted to a nonconforming use, or the alteration, enlargement of, or addition to a building or structure nonconforming due to use and/or standards, or permit the addition of land, buildings, or structures used in conjunction with a nonconforming use or a building or structure nonconforming due to use and/or standards except:
1. To the extent required by a subsequently enacted or subsequently adopted law, ordinance or regulation, and the director so finds. Such additions as are permitted by this subsection shall not be construed to extend the termination date of the subject nonconforming use, or a building or a structure nonconforming due to use.
2. Additions may be made to a building nonconforming due to use and/or standards which is designed for and used as a residence without requiring any additional parking space or driveway paving; provided, that such additions neither increase the number of dwelling units in such structure, nor occupy the only portion of an area which can be used for required parking space or access thereto. Notwithstanding the foregoing, a second unit in compliance with Part 16 of Chapter 22.52 may be developed on a lot or parcel of land containing a single-family residence nonconforming due to standards, provided that where the single-family residence is nonconforming due to parking standards, sufficient parking shall be provided to ensure that both the single-family residence and the second unit comply with the applicable provisions of Section 22.52.1180.
C. Additions to a Building or Structure Nonconforming Due to Standards. Additions may be made to a building or structure nonconforming due to standards which is not in violation of any provisions of this Title 22 and is nonconforming only because it does not meet the following standards of development as provided herein:
1. Yards, provided such addition or expansion is developed pursuant to the yard requirements of this title;
2. Building height limits, but not including floor area ratio or maximum lot coverage provisions, provided such addition or expansion is developed pursuant to the height requirements of this title;
3. Parking facilities including width of access and paving, improvement, number of spaces and landscaping of parking areas; provided, that parking spaces for such addition, increase in occupant load or expansion shall be developed pursuant to the provisions of Part 11 of Chapter 22.52. Such addition or expansion shall not occupy the only portion of an area which can be used for the required parking space or access thereto. Where the number of parking spaces provided prior to such addition is sufficient to comply with said Part 11 of Chapter 22.52 after such expansion, the existing development of such parking facilities shall be deemed to comply with this subsection;
4. Such additions as are permitted by this subsection shall not be construed to authorize the modification of any provision of this title nor extend the termination date of the subject nonconforming use.
D. Conforming Uses in a Building or Structure Nonconforming Due to Standards Other Than Parking. A building or structure nonconforming due to standards other than parking may be occupied by any use permitted in the zone in which it is located, subject to the limitations and conditions governing such use as specified in the zone.
E. Conforming Uses in a Building or Structure Nonconforming Due to Parking. A building or structure nonconforming due to parking standards may be occupied by any use permitted in the zone in which it is located subject to the limitations and conditions governing such use as specified in the zone; provided, that:
1. The use has the same or lesser parking requirement as the existing or previous use; or
2. If the use has a greater requirement than the existing or previous use, a sufficient number of additional parking spaces is developed to accommodate the increased amount of space required by the new use.
F. Buildings or structures, for which a valid building permit has been issued prior to the effective date, or operative date where later, of the ordinance codified herein, or any amendments thereto, making such building or structure nonconforming due to use and/or standards, may be completed and used in accordance with the provisions of this title, provided:
1. That such construction or the proposed use of such building or structure under construction is not in violation of any other ordinance or law at said effective or operative date; and
2. That such building or structure is completed within:
a. One year from said effective or operative date, if two stories or less in height and not more than 70,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 70,000 square feet,
b. One and one-half years from said effective or operative date, if three to six stories in height and not more than 100,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 100,000 square feet,
c. Two years from said effective or operative date if seven stories or more in height and not more than 150,000 square feet in floor area except that one additional month shall be permitted for 15,000 square feet in excess of said 150,000 square feet;
3. That such building or structure is completed in accordance with the plans and specifications on which such building permit was issued.
G. Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use and/or Standards. Any building or structure nonconforming due to use and/or standards which is damaged or partially destroyed may be restored to the condition in which it was immediately prior to the occurrence of such damage or destruction, provided:
1. That the cost of reconstruction does not exceed 50 percent of the total market value of the building or structure as determined by:
a. The current assessment roll immediately prior to the time of damage or destruction, or
b. A narrative appraisal prepared by a certified member of a recognized professional appraiser’s organization; provided, that such appraisal is first submitted to and approved by the director. Submission of an appraisal shall be at the option of the applicant. In verifying the accuracy of the appraisal submitted, the director may request additional supporting information from the applicant and/or conduct his own investigation including a request for technical assistance from any source which is his opinion can contribute information necessary to complete such evaluation. Further, the director may also obtain an independent narrative appraisal of the applicant’s property in order to verify the accuracy of the appraisal submitted by the applicant. Where a discrepancy exists between the applicant’s appraisal and the appraisal prepared pursuant to the director’s request the director may at his discretion determined the market value of the applicant’s property based on the evidence submitted and his decision is final; provided, that the applicant shall first have the opportunity to file additional information to substantiate the accuracy of the appraisal submitted by him. Where the director undertakes his own investigation and/or requests that an independent appraisal be prepared as provided herein, the applicant shall pay to the county the actual cost of conducting such investigation and/or the appraisal. Value shall be determined by the use of the assessment roll in all instances where an appraisal prepared pursuant to this subsection is not approved by the director. Such costs shall not include the land or any factor other than the building or structure itself; and
2. That all reconstruction shall be started within one year from the date of damage and be pursued diligently to completion.
H. Maintenance of Buildings or Structures Nonconforming Due to Use. When maintenance or routine repairs within any 12-month period exceed 25 percent of the current market value of a building or structure nonconforming due to use, or a building or structure nonconforming due to standards which is subject to termination by operation of law as specified in subsection B of Section 22.56.1520, such building or structure shall be made to conform to the requirements for new buildings or structures as specified by this Title 22. This provision does not apply to additions permitted by this part or to Section 22.52.160. Market value shall be determined by the method specified in subsection G of this section.
I. Limitation on Additional Development. No new use, building or structure shall be developed on any lot or parcel of land containing a nonconforming use or a building or structure nonconforming due to use and/or standards unless the following conditions prevail:
1. That each existing and proposed use, building or structure, including appurtenant structures, improvements and open space, will be located on a lot or parcel of land having the required area as provided in Part 2 of Chapter 22.52; and
2. That such lot or parcel of land can be divided into smaller lots or parcels of land each of which when considered as a separate lot or parcel of land will contain not less than the required area; and
3. That each such lot or parcel of land so divided into smaller lots or parcels of land will comply with the requirements of this title as to the number and location of structures.
J. The provisions of this section shall not be construed to extend the termination date of such nonconforming uses, buildings and structures. (Ord. 2004-0012 § 10, 2004; Ord. 83-0161 §§ 74--76, 1983; Ord. 1494 Ch. 5 Art. 9 § 509.1, 1927.)

22.56.1520 Public uses—Additions and alterations authorized when.

Any publicly owned nonconforming use or building or structure nonconforming due to use and/or standards, including but not limited to, schools, colleges, parks, libraries, fire stations, sheriff stations and other public sites, may be added to, extended, or altered if such additions, extensions, or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this Title 22 pertaining to nonconforming due to use and/or standards shall be construed to require the termination, discontinuance or removal of such uses, buildings or structures except as provided in Section 22.56.1770. (Ord. 1494 Ch. 5 Art. 9 § 509.4, 1927.)

22.56.1530 Public utilities--Additions and alterations authorized when.

Any building or structure of a public utility made nonconforming by the provisions of this Title 22, including equipment or other facilities necessary for operating purposes, but excluding offices, service centers or yards, may be added to, extended or altered; provided, there is no change in use or enlargement of the original site established prior to the time such approval was required. Nothing in this title pertaining to nonconforming uses or buildings and structures nonconforming due to use and/or standards shall be constructed to require the termination, discontinuance or removal of such uses, buildings or structures except as provided in Section 22.56.1770. (Ord. 1494 Ch. 5 Art. 9 § 509.5, 1927.)

22.56.1540 Termination conditions and time limits.

The following regulations shall apply to all nonconforming uses and buildings and structures nonconforming due to use, and to buildings and structures nonconforming due to standards as specified in this section.
A. Termination by Discontinuance. Discontinuance of a nonconforming use or of the use of a building or structure nonconforming due to use and/or standards as indicated herein shall immediately terminate the right to operate or use such nonconforming use, building or structure, except when extended as otherwise provided in this Title 22:
1. Changing a nonconforming use to a conforming use;
2. Removal of a building or structure nonconforming due to use and/or standards;
3. Discontinuance of a nonconforming use or use of a building or structure nonconforming due to use for a consecutive period of two or more years;
4. Discontinuance of the use of a building or structure nonconforming due to standards, in those cases where such building or structure is subject to termination by operation of law as specified in subsection B2, for a consecutive period of two or more years.
B. Termination by Operation of Law. Nonconforming uses and buildings or structures nonconforming due to use, and those buildings or structures nonconforming due to standards enumerated in this section, shall be discontinued and removed from their sites within the time specified in this section, except when extended or revoked as otherwise provided in this title:
1. In the case of nonconforming uses and buildings or structures nonconforming due to use:
a. Where the property is unimproved, one year,
b. Where the property is unimproved except for buildings or structures of a type for which Ordinance 2225 (set out at Title 26 of this code) does not require a building permit, three years,
c. Where the property is unimproved except for buildings or structures which contain less than 100 square feet of gross floor area, or where such buildings or structures have a total market value of $500.00 or less as reflected by the current assessment roll, three years,
d. Outdoor advertising signs and structures, five years,
e. Where a nonconforming use is carried on in a conforming structure, five years except where the provisions of subsection c apply,
f. In other cases, 20 years from the effective date or operative date where later of the ordinance or amendment thereto establishing said nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by the Building Code (set out at Title 26 of this Code), will be as follows:
i. Type IV and Type V buildings used as:
(A). Three-family dwellings, apartment houses and other buildings used for residential occupancy, 35 years,
(B). Stores and factories, 25 years,
(C). Any other building not herein enumerated, 25 years,
ii. Type III buildings used as:
(A). Three-family dwellings, apartment houses, offices and hotels, 40 years,
(B). Structures with stores below and residences, offices or a hotel above, 40 years,
(C). Warehouses, stores and garages, 40 years,
(D). Factories and industrial buildings, 40 years,
iii. Type I and Type II buildings used as:
(A). Three-family dwellings, apartment houses, offices and hotels, 50 years,
(B). Theaters, warehouses, stores and garages, 50 years,
iv. Factories and industrial buildings, 50 years,
g. Where the property is developed as a mobilehome park, which is constituted only of spaces rented to mobilehomes, then the length of time shall be as specified by this subsection B1 except where an extension has been approved pursuant to subsection L of Section 22.52.500;
2. In the case of buildings or structures nonconforming due to standards, signs as follows:
a. Signs as prohibited by Section 22.52.990, 90 days,
b. All other signs and sign structures except outdoor advertising signs, 10 years.
C. Exception. The termination periods enumerated in this section shall not apply to one-family and two-family dwellings. (Ord. 92-0001 § 1, 1992: Ord. 84-0047 § 3, 1984; Ord. 1494 Ch. 5 Art. 9 § 509.2, 1927.)

22.56.1550 Review of amortization schedule or substitution of use.

A. Request for Review.
1. An application may be filed with the director:
a. Requesting extension of the time within which a nonconforming use or building or structure nonconforming due to use, or due to standards where applicable, must be discontinued and removed from its site as specified in subsection B of Section 22.56.1540 or subsection A of Section 22.64.050, or
b. Requesting substitution of another use permitted in the zone in which the nonconforming use is first permitted where a building or structure is vacant despite efforts to insure continuation of a nonconforming use and is so constructed that it may not reasonably be converted to or used for a use permitted in the zone in which it is located, or
c. Requesting repairs of one-family and two-family dwellings in excess of those provided for in subsection G of Section 22.56.1510;
2. The director may accept such filing either before or after the date of expiration of such nonconforming use, building or structure.
B. Application and Procedure. Except as specifically provided in this section, the application and all procedure relative to notification, public hearing and appeals shall be the same as for a conditional use permit. In the instance where final action was taken to deny a nonconforming use, building or structure review prior to amendment of the facts required for approval adopted by Ordinance 12271, effective December 26, 1980, the one-year restriction on reapplication shall not apply.
C. Burden of Proof. In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the hearing board the following facts:
1. That to require cessation of such use, building or structure would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and/or
2. That such use, building or structure does not now and will not during the extension period requested:
a. Adversely affect the health, peace or welfare of persons residing or working in the surrounding area, or
b. Be materially detrimental to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site, or
c. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.
D. Findings and Decision. The hearing officer shall not approve an application for a nonconforming use, building or structure review unless he finds the burden of proof set forth in subsection C of this section has been met by the applicant.
E. Conditions. The hearing officer, in approving an application for a nonconforming use and structure review may impose conditions he deems necessary to insure that the approval will be in accord with the findings required. Conditions imposed by the hearing officer may involve any pertinent factors affecting the establishment, operations, and maintenance of the uses, buildings or structures requested including, but not limited to those specified in Section 22.56.100. (Ord. 92-0001 § 2, 1992; Ord. 85-0195 § 41, 1985: Ord. 1494 Ch. 5 Art. 9 § 509.6, 1927.)

Part 11 CONDITIONAL USE PERMITS--MODIFICATION OR ELIMINATION OF CONDITIONS

22.56.1600 Intent and purpose.

This Part 11 is established to provide procedures and requirements for the modification or elimination of certain conditions of a previously approved conditional use permit without the filing of an application for a new conditional use permit, where such modification or elimination of conditions will not result in a substantial alteration or material deviation from the terms and conditions of the previously approved conditional use permit and is necessary to allow the reasonable operation and use previously granted. (Ord. 99-0070 § 1 (part), 1999.)

22.56.1610 Application--Filing and payment of fee.

Any person desiring to modify or eliminate any condition(s) of a previously approved conditional use permit may file an application with the director, except that no application shall be filed or accepted within one year of final action on the same or substantially the same application or within one year of final action on the conditional use permit. The application shall contain the information required by Section 22.56.030, and it shall be accompanied by a filing fee as required by Section 22.60.100. (Ord. 99-0070 § 1 (part), 1999.)

22.56.1620 Application--Notice requirements.

A. Upon the filing of an application to modify or eliminate any condition(s) of a previously approved conditional use permit, the director shall cause notice of the application to be mailed by first class mail, postage prepaid, to all addresses on the list required by subsection A10c of Section 22.56.030, and to such other persons whose property or interests might, in the director’s judgment, be affected by the request.
B. The director shall also cause notice of the application to be published once in a newspaper of general circulation in the county of Los Angeles available in the community in which the subject property is located.
C. The applicant shall post notice of the application on the subject property in accordance with the specifications of subsections A through E of Section 22.60.175.
D. The notice shall indicate the nature of the requested application, the case number, and such other information which the director deems necessary to inform interested persons of the request. The notice shall indicate that any person may oppose the granting of the application by written protest to the director within 15 days after receipt of such notice. Protests received from the owner and any occupant of the same real property shall be considered to be one protest. (Ord. 99-0070 § 1 (part), 1999.)

22.56.1630 Grant or denial of application.

A. The hearing officer shall approve an application to modify or eliminate any condition(s) of a previously approved conditional use permit only upon a finding by the hearing officer that (1) not more than one protest to the granting of the application is received within the specified protest period; and (2) the information submitted by the applicant substantiates the following findings:
1. That the burden of proof for the conditional use permit as modified has been satisfied as required by Section 22.56.040,
2. That approval of the application will not substantially alter or materially deviate from the terms and conditions imposed in the granting of the previously approved conditional use permit, and
3. That approval of the application is necessary to allow the reasonable operation and use granted in the conditional use permit.
B. In all other cases the hearing officer shall deny the application.
C. In approving an application, the hearing officer may impose additional condition(s) deemed necessary to insure that the modification or elimination of any condition will be in accord with the requirements of subsection A of the section.
D. Notwithstanding the foregoing, the hearing officer shall not modify or eliminate a condition specified as mandatory in this Title 22 or a condition which may only be modified pursuant to the provisions of Part 2 of Chapter 22.56. (Ord. 99-0070 § 1 (part), 1999.)

22.56.1640 Notification of decision.

The director shall provide notice of the hearing officer’s action to the applicant and to any person who filed a written protest accompanied by a mailing address. Such notice shall be made by first class mail, postage prepaid, or may be hand delivered when appropriate. If the application is denied, such notice shall also inform the applicant that the Zoning Ordinance permits the filing of an application for a new conditional use permit to request the modification or elimination of any condition(s) of a previously approved conditional use permit. The additional fee required for the filing of such application shall be the difference between the fees initially paid and the fee required for a conditional use permit, if such application is filed within one year after the hearing officer’s denial. (Ord. 99-0070 § 1 (part), 1999.)

22.56.1650 Appeal procedures.

Any person dissatisfied with the action of the hearing officer may file an appeal of such action with the commission within the time period set forth in, and subject to all of the other provisions of Part 5 of Chapter 22.60. (Ord. 2008-0026 § 15, 2008: Ord. 99-0070 § 1 (part), 1999.)

22.56.1655 Effective date of decision.

A. The decision of the hearing officer shall become final and effective as set forth in Part 5 of Chapter 22.60 unless an appeal is timely filed with the commission.
B. The decision of the commission on an appeal shall be final and effective on the date of decision and shall not be subject to further administrative appeal. (Ord. 2008-0026 § 16, 2008: Ord. 99-0070 § 1 (part), 1999.)

Part 12 DIRECTOR’S REVIEW--PROCEDURES

22.56.1660 Establishment--Purpose.

A. Director’s review is established to facilitate substantiation and corroboration of facts and testimony vital to the administration of Title 22 of this code and is required or may be used for:
1. Determination of whether or not a proposed development will properly comply with the provisions and development standards prescribed in this title or as prescribed by the hearing officer, commission or director;
2. Consideration of lot line adjustments;
3. Indication of compliance, or plans and intentions to comply with the regulations and standards prescribed in this title.
B. Where a site plan is required in an application for a permit, variance, nonconforming use or structure review, said site plan shall be considered a part of said application and shall not require separate approval under the provisions of this Part 12. (Ord. 87-0038 § 3, 1987: Ord. 85-0195 § 42, 1985; Ord. 1494 Ch. 5 Art. 8 § 508.1, 1927.)

22.56.1670 Director--Powers designated.

The director may:
A. Require a site plan for any use, development of land, structure, building or modification of standards that involves the approval of the director;
B. Require such other forms and documents as are necessary to determine compliance with the provisions of this title or any conditions that may be specified in granting an approval of the requested use, development or modification;
C. Require such supplemental information or material as may be necessary, including revised or corrected copies of any site plan or other document previously presented. (Ord. 1494 Ch. 5 Art. 8 § 508.2, 1927.)

22.56.1680 Application for review--Information and documents required.

Any application for director’s review shall contain the following information and such other information and documents as are required by the director:
A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B. Evidence that the applicant:
1. Is the owner of the premises involved, or
2. Has written permission of the owner or owners to make such application, or
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4. In the case of a public agency, is negotiating to acquire a portion of the premises involved;
C. Location of subject property (address or vicinity);
D. Legal description of property;
E. Proposed facility or use;
F. A site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director, indicating the use, location and size of all buildings and structures, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features;
G. Such other data, including plans, drawings, diagrams or pictures, as may be required to determine compliance with the provisions of this Title 22;
H. A fee for a site plan review as specified in subsection A of Section 22.60.100. (Ord. 82-0130 § 5, 1982; Ord. 81-0005 § 9, 1981; Ord. 1494 Ch. 5 Art. 8 § 508.3, 1927.)

22.56.1690 Determination--Principles and standards for consideration.

The director, in acting upon any site plan offered for review as provided in this title, shall either approve, approve with conditions, or deny the proposed use, development or modification as requested in the application and as indicated in the required site plan based on the following principles and standards:
A. That the use, development of land and/or application of development standards is in compliance with all applicable provisions of this Title 22;
B. That the use, development of land and/or application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice;
C. That the use, development of land and/or application of development standards is suitable from the standpoint of functional developmental design. (Ord. 1494 Ch. 5 Art. 8 § 508.4, 1927.)

22.56.1700 Director’s review--Hearing officer review where concurrently filed.

When an application is filed for a permit or variance concurrently with an application for a use subject to director’s review and approval as provided by this title, the hearing officer may consider and approve such application for director’s review and approval concurrently with such permit or variance. The hearing officer in making their findings shall consider each case individually as if separately filed. (Ord. 85-0195 § 14 (part), 1985; Ord. 81-0005 § 13, 1981.)

22.56.1710 Grading project, off-site transport--Public construction exceptions.

Director’s review and approval for grading project, off-site transport shall not be required if such use is in conjunction with:
A. Any work of construction or repair by the county or any district of which the board of supervisors of the county is ex officio the governing body; or
B. Construction or repair by the county or such district performed by force account; or
C. Construction, maintenance or repair of any “state water facilities,” as defined in Section 12934 of the State Water Code. (Ord. 1494 Ch. 5 Art. 8 § 508.10, 1927.)

22.56.1720 Time limit for decision.

If the director takes no action on a site plan within 90 days from the date of filing, it shall constitute a denial of such site plan. (Ord. 81-0005 § 11 (part), 1981; Ord. 1494 Ch. 5 Art. 8 § 508.6, 1927.)

22.56.1730 Notification requirements.

The director shall notify the applicant of a request for a site plan approval of the action taken on the application, by first class mail, postage prepaid, or other means deemed appropriate by the commission. Such notification may also be hand delivered to the applicant when appropriate. (Ord. 81-0005 § 11 (part), 1981; Ord. 1494 Ch. 5 Art. 8 § 508.7, 1927.)

22.56.1740 Director’s review--Expiration where not used.

An approved site plan which is not used within the time specified in the approval, or if no time is specified, within one year after the granting of such approval, becomes null and void and of no effect, except that where an application requesting an extension is filed prior to such expiration date, the director may extend such time for a period of not to exceed one year. (Ord. 81-0005 § 12 (part), 1981.)

22.56.1750 Appeal procedure.

An appeal may be made by the applicant in the event that he is dissatisfied with the action taken by the director on a site plan. Such appeal shall be filed with the commission. The appeal shall be filed within the time period set forth in, and shall be subject to all of the other provisions of Part 5 of Chapter 22.60, except that the decision of the commission shall be final and effective on the date of the decision and shall not be subject to further administrative appeal. (Ord. 2008-0026 § 17, 2008: Ord. 1494 Ch. 5 Art. 8 § 508.8, 1927.)

22.56.1751 Portable outdoor advertising signs.

The director shall, upon approval of a site plan for the maintenance of portable outdoor advertising signs, issue an official site approval card for each approved sign and require as a condition of such approval that the card be visible and attached to the sign or its trailer during its placement at the specified location. (Ord. 81-0005 § 10, 1981; Ord. 1494 Ch. 5 Art. 8 § 508.5, 1927.)

22.56.1752 Grading project, off-site transport--Conditions for compliance.

Grading projects, off-site transport, subject to director’s review and approval shall comply with the following requirements:
A. A grading permit, when required, shall first be obtained as provided in the Building Code, set out at Title 26 of this code, before the commencement of any grading project.
B. The application to the director shall contain statements setting forth the following information in addition to that required by Section 22.56.1680:
1. The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed from and transported to;
2. The names and addresses of the person or persons who will be conducting the operations proposed;
3. The ultimate proposed use of the lot or parcel of land;
4. Such other information as the director finds necessary in order to determine whether the application should be granted.
C. The applicant shall submit a map showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets and highways, and the location to which such material is to be imported.
D. All hauling as approved under this section shall be restricted to a route approved by the road commissioner.
E. Compliance shall be made with all applicable requirements of other county departments and other governmental agencies.
F. If any condition of this section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.
G. Neither the provisions of this section nor approval provided for in this Part 12 authorizes or legalizes the maintenance of a public or private nuisance. (Ord. 81-0005 § 12 (part), 1981; Ord. 1494 Ch. 5 Art. 8 § 508.9, 1927.)

22.56.1753 Grading project, off-site transport--Public construction exceptions.

Director’s review and approval for grading project, off-site transport, shall not be required if such use is in conjunction with:
A. Any work of construction or repair by the county or any district of which the board of supervisors of the county is ex officio the governing body; or
B. Construction or repair by the county or such district performed by force account; or
C. Construction, maintenance or repair of any “state water facilities,” as defined in Section 12934 of the State Water Code. (Ord. 81-0005 § 12 (part), 1981; Ord. 1494 Ch. 5 Art. 8 § 508.10, 1927.)

22.56.1754 Director’s review--Accessory live entertainment.

A. Live entertainment shall comply with all of the following standards and limitations which shall be considered mandatory conditions for approval as an accessory use:
1. That the principal use shall provide the total number of automobile parking spaces required by Section 22.52.1110; and
2. That access and egress to such automobile parking facilities shall be located so as to attenuate or eliminate the impact of traffic on residential development in the immediate vicinity; and
3. That such automobile parking facilities shall provide all walls required by subsection D of Section 22.52.1060; and
4. That such automobile parking facilities shall be in accordance with the provision for lighting contained in subsection F of Section 22.52.1060; and
5. That such automobile parking facilities shall comply with all of the other requirements contained in Part 11 of Chapter 22.52; and
6. That the principal use shall not be a nonconforming use in the zone wherein it is located. A principal use legally operating pursuant to a variance or in a building or structure, nonconforming due to standards, shall not be deemed to comply with the above specified requirements for purposes of this section, unless and until the principal use is in compliance with subsections A1, A2, A3 and A4 of this section.
B. The director shall approve an application for accessory live entertainment in all cases where the application and site plans submitted by the applicant indicate to the satisfaction of the director that they are in full compliance with this section.
C. In all cases where the site plans submitted by the applicant indicate that said plans are not or cannot be in full compliance with this section, the director shall deny such application and shall inform the applicant in writing of such action. Said notices of denial shall also inform the applicant that the Zoning Ordinance contains provisions permitting the filing of a conditional use permit regulating accessory live entertainment in a legally existing bar, cocktail lounge or restaurant where the requirements of Section 22.56.1754 have not or cannot be met. (Ord. 81-0005 § 14, 1981.)

22.56.1755 Single-family residence development standards--Findings for modification.

The director shall approve, with or without conditions, a request for modification of the development standards contained in Section 22.20.105 where:
A. The findings contained in Section 22.56.1690 can be made; and
B. The finding that such modification would not be materially detrimental to the use, enjoyment, or value of property of other persons which is located in the vicinity of the residential site can be made; and
C. Any of the following findings can be made:
1. That such modification would be architecturally compatible with existing residences in the surrounding neighborhood, or
2. That a proposed alteration or addition to an existing single-family residence will be a continuation of its existing architectural style, or
3. That such modification is needed for safety reasons to comply with other applicable codes, laws, ordinances, rules, and regulations, or
4. That the site of the proposed single-family residence is sufficiently remote or screened so as to preclude the proposed modification from having a detrimental effect upon the surrounding area. (Ord. 82-0130 § 6, 1982.)

22.56.1756 Lot line adjustments.

A. A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created, shall conform to the provisions of this section.
B. In addition to the principles and standards contained in Section 22.56.1690, a lot line adjustment shall also comply with the following:
1. The lot design, frontage, access and similar standards shall be consistent with applicable provisions contained in Title 21.
2. Any change in access, lot configuration or orientation of structures, easements or utilities to lot lines will not, in the opinion of the director, result in any burden on public services or materially affect the property rights of any adjacent owners.
3. The parcels to be adjusted are eligible for unconditional certificates of compliance under the provisions of the Subdivision Map Act and this title.
4. The adjusted parcel configurations will be in accord with established neighborhood lot design patterns and will not violate any statute, ordinance, regulation or good planning practice.
5. If any of the parcels to be adjusted are improved with a structure requiring a building permit, the applicant shall provide an inspection report from the building and safety division of the department of public works certifying that changes in lot lines will not violate any ordinances or regulations administered by that department. The department of public works shall collect any fees required for this service.
6. If the subject property lies within the boundaries of the coastal zone, as defined in Section 30103 of the Public Resources Code, a coastal development permit shall be required pursuant to Part 17 Chapter 22.56 of this Title 22.
C. If the adjustment is approved, the director shall record a certificate of compliance containing the descriptions of the parcels as they will exist after adjustment. If the request is denied, the director shall report this in writing to the applicant, citing the reasons for denial.
D. The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded by the applicant. (Ord. 89-0147 § 2, 1989; Ord. 87-0038 § 4, 1987.)

22.56.1757 Director’s review--Large family child care homes.

A. An application for a large family child care home shall contain the information as required in Section 22.56.1680, except that the applicant need not comply with subsection B of that section, and shall substantiate to the satisfaction of the director the applicable findings required by subsections C.1. and C.2. of this section.
B. The director shall cause notice of the proposed use to be mailed, as specified in subsection C.3. of this section. The notice shall describe the proposed facility and the proposed modification(s) to the standards cited in Section 22.20.021, as well as state that any person opposed to the granting of such modification may submit a written protest to the director within the prescribed 15-day period.
C. The director may, without public hearing, approve a modification of the requirements contained in subsections A.1. and A.2. of Section 22.20.021 where he finds:
1. For a modification of the requirements contained in subsection A.1. of Section 22.20.021, that said modification will not result in traffic congestion, excessive off-site parking, or unauthorized use of parking facilities developed to serve surrounding property.
2. For a modification of the requirements contained in subsection A.2. of Section 22.20.021, that said modification will not result in traffic congestion and that the proposed facility is necessary to serve the needs of children not met in existing nearby large family child care homes.
3. That no written protest to the proposed modification has been received within 15 working days following the date of mailing by the director of notice of the proposed modification by first class mail to all owners and occupants of the subject property and of all properties within a comparable proximity to the proposed facility as those properties described in subsection A.2. of Section 22.20.021, as determined by the director.
D. In all cases where a timely written protest to the proposed modification has been received a public hearing shall be scheduled before the hearing officer. Notification shall be as provided for in subsection C.3. All procedures relative to public hearing and appeal shall be the same as for a conditional use permit. Following a public hearing, the hearing officer shall approve or deny the proposed modification, based on the findings required by this section for approval by the director exclusive of written protest. (Ord. 2004-0030 § 22, 2004: Ord. 91-0022 § 4, 1991.)

22.56.1758 Domestic violence shelters--Standards.

In addition to the standards described in Section 22.56.1690, domestic violence shelters shall comply with all of the following standards and limitations:
A. That not more than 30 adult residents, not including staff, be allowed at one time, if such shelter is located on a lot or parcel of land of less than two acres; and
B. That the number of required vehicle storage spaces, plus adequate access thereto, shall be determined by the director for each shelter, in an amount adequate to prevent excessive on-street parking, and with such factors as the number of adult beds to be provided by the shelter, the anticipated number of employees on the largest shift, and the distance from the closest transit stop taken into consideration. In no case shall the number of required vehicle storage spaces be less than the number of such spaces required for an adult residential facility specified by subsection D of Section 22.52.1120. The required parking may be located within 500 feet of the exterior boundary of the lot or parcel of land on which the shelter is sited;
C. That the land uses and developments in the immediate vicinity of the subject site will not constitute an immediate or potential hazard to occupants of the shelter. (Ord. 88-0005 § 3, 1988.)

22.56.1759 Domestic violence shelters--Compliance with standards.

In all cases where the site plans submitted by the applicant indicate that such plans are not, or cannot be, in full compliance with Section 22.56.1758, the director shall deny such application, and shall inform the applicant in writing of such action. Said notice of denial shall also inform the applicant that the zoning ordinance contains provisions permitting the application for a conditional use permit for adult residential facilities. (Ord. 88-0005 § 4, 1988.)

22.56.1760 Homeless shelters--Principles and standards.

In addition to the principles and standards described in Section 22.56.1690, homeless shelters shall comply with the following standards:
A. That there is not an over-concentration of homeless shelters in the surrounding area; and
B. That not more than 30 persons, exclusive of staff, will be permitted on the site, if the proposed shelter is located on a lot or parcel of land of less than one acre; and
C. That the land uses and developments in the immediate vicinity of the site will not constitute an immediate or potential hazard to occupants of the shelter; and
D. That the number and arrangement of parking spaces to be provided on the subject property are sufficient to mitigate any adverse impacts on persons or properties in the surrounding area; and
E. That the proposed shelter is capable of and will meet all operation and maintenance standards set forth in Title 25 of the California Code of Regulations, relating to shelters. (Ord. 91-0062 § 3, 1991.)

22.56.1761 Director’s review--Historic vehicle collection--Standards and conditions.

A. In addition to the principles and standards contained in Section 22.56.1690, the director shall ensure that an application for an historic vehicle collection shall also comply with all of the following standards and conditions:
1. That all such vehicles and parts kept or maintained on the premises constitute an historic vehicle collection as defined in this title; and
2. That all such vehicles and parts are legally owned by the applicant proposing to keep or maintain an historic vehicle collection; and
3. That the area proposed on the lot or parcel of land for the collection of such vehicles occupies or constitutes less than 10 percent of the total area of said lot or parcel of land; and
4. That said collection is kept or maintained so as not to constitute a health or safety hazard; and
5. That said collection is fully screened from ordinary public view by means of a fence, trees, shrubbery or opaque covering determined to be suitable by the director, or by other appropriate means determined to be suitable by the director; and
6. That no portion of an historic vehicle collection is located within five feet of any building or structure, or within any required yard area, unless otherwise permitted by the director; and
7. That site plans for the keeping and maintenance of the historic vehicle collection have been submitted to and approved by the director; and
8. That the person proposing to keep or maintain an historic vehicle collection has signed a covenant and agreement indicating that he or she has read and understands the standards and conditions enumerated above and such other conditions that the director may impose, and will faithfully abide by each and every one of said standards and conditions.
B. In those cases where the site plans submitted by the applicant desiring to establish an historic vehicle collection indicate that said plans are not, or cannot be, in full compliance with subsection A of this section, the director shall deny such application and shall inform the applicant in writing of such action. Said notice of denial shall also inform the applicant that the Zoning Ordinance contains provisions permitting the filing of a conditional use permit for an historic vehicle collection which is not in full compliance with the requirements of this section. (Ord. 91-0065 § 7, 1991.)

22.56.1762 Director’s review--Procedure for minor deviations in required parking requirements--When permitted.

A. Notwithstanding provisions in Title 22 to the contrary, without a public hearing, the director may approve an application for a site plan review requesting a minor deviation in required parking requirements of said Title 22, provided that:
1. A reduction of less than 30 percent in the number of vehicle parking spaces required by this Title 22 is proposed or, in the case of an eating establishment selling food for off-site consumption, no less than one vehicle parking space for each 250 square feet is proposed in accordance with subsection A2 of Section 22.52.1110;
2. The principles and standards contained in Section 22.56.1690 have been met to the satisfaction of the director; and,
3. Notice of said application has been given as provided herein below and no written protest to said application has been received as of the date set forth in the notice for the receipt of written protests.
B. The director shall cause a notice of the application to be mailed by first class mail, postage prepaid, to all persons whose names and addresses are shown on the latest available assessment roll of the county of Los Angeles as owning property within a distance of 500 feet from the exterior boundaries of the parcel of land under consideration and to such other persons whose property or interests might, in the director’s judgment, be affected by the application.
C. The applicant shall post notice of the application on the subject property for a period of at least 15 days in accordance with the specifications of subsections A through E of Section 22.60.175.
D. The notice of the application required by subsections B and C shall indicate the nature of the requested application, the case number, and such other information that the director deems necessary to inform interested persons of the request. The notice shall also indicate that any person may oppose the granting of the application by written protest to the director received on or before the date set forth in the notice for the receipt of written protests. The notice shall be mailed and posted at least 30 days prior to such date.
E. The procedure set forth in this section shall not apply where an application for a site plan review has been concurrently filed with an application for a permit, variance or other discretionary approval under Title 22, or for a zone change, development agreement, or subdivision.
F. When an application is filed hereunder, it shall be accompanied by the filing fee and deposit required in Section 22.60.100. (Ord. 2001-0071 § 2, 2001.)

22.56.1763 Director’s review--Winery--Standards and conditions.

A. Notice Requirements.
1. In all cases where an application is filed, the director shall cause a notice indicating the applicant’s request at the location specified to be forwarded by first-class mail, postage prepaid, to:
a. All persons whose names and addresses appear on the latest available assessment roll of the county of Los Angeles as owning property adjacent to the exterior boundaries of the property on which the winery is to be established; provided, however, that where the closest point that the winery is to be established is 500 feet or more from such adjoining property, this subsection shall not apply;
b. A notice addressed to “occupant” or “occupants” in all cases where the mailing address of any owner of property required to be notified under the provisions of subsection (A)(1)(a) is different from the address of such adjacent property; and
c. Such other persons whose property in the director’s judgment might be affected by such application or permit.
2. Such notice shall also indicate that any individual opposed to the granting of the approval may express such opposition by written protest to the director within 15 days after receipt of such notice.
B. In addition to the principles and standards contained in Section 22.56.1690, a winery shall also comply with all of the following standards and conditions:
1. The winery shall be operated in conjunction with existing vineyards located on the same or adjacent parcels of land owned or leased by the applicant, except that the director may modify this requirement as long as such parcels are located within one mile of the winery. This distance shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the parcel on which the winery is to be established to the nearest property lines of the vineyards;
2. The subject winery and vineyards shall be located on parcels of land with a combined area of not less than five acres. The area used to calculate this minimum acreage shall not include any portion of a parcel with a slope of 50 percent or more;
3. The annual production capacity of the winery shall not exceed 5,000 gallons of wine, of which not less than 50 percent of the wine shall be processed from grapes cultivated on the parcels of land designated on the site plan in satisfaction of subsections (B)(1) and (B)(2) of this section. The annual production capacity and storage limits of the winery shall not exceed those specified in the conditions of the approval;
4. Winery-related incidental visitor-serving uses, such as, but not limited to, the sale of wine, winery tours, wine tasting, events, and food service, are prohibited;
5. Structures for the winery and/or private waste disposal system shall be located not less than 50 feet from exterior lot lines and 100 feet from any stream banks. They shall be located and designed to minimize adverse impacts to adjoining properties and to minimize water quality impacts to nearby streams, with design features and/or best management practices such as, but not limited to, fences, walls, landscaping, and buffer areas;
6. Amplified sound and/or live music are prohibited;
7. Sound levels of the winery shall comply with noise standards for residential properties as specified in Section 12.08.390;
8. Parking and loading shall be provided in accordance with Part 11 of Chapter 22.52;
9. Operating hours of the winery shall be between 7 a.m. to 7 p.m., except that during the harvest season operating hours shall be as specified by the director;
10. Signage that advertises the winery is prohibited; and
11. The site plan approval shall be contingent upon the applicant obtaining all required permits and approvals and complying with all applicable provisions of state and local laws, ordinances, regulations, and policies.
C. The application to the director shall provide the following information in addition to that required by Section 22.56.1680:
1. Site plan showing the existing topography of the subject property and delineating any land having a slope of 50 percent or more;
2. Photographs of existing vineyards, as designated on the site plan, and the total area of said vineyards;
3. Plans for the proposed crushing, processing, bottling, and storage facilities, and where applicable, private waste disposal and parking facilities; and
4. Estimate of: (a) annual production capacity; (b) quantity of grapes cultivated on the parcels of land designated on the site plan; (c) quantity and source of grapes to be imported from other areas; and (d) wine storage capacity.
D. The application shall also contain the information required in subsection B of Section 22.56.225.
E. The director shall deny the application in all cases where:
1. Two protests to the granting of the application are received. Protests received from both the owner and the occupant of the same property shall be considered to be one protest for purposes of this section; or
2. Where the applicant has not met all required standards and conditions of the site plan approval.
F. In all cases where the director denies an application, the director shall so inform the applicant in writing of such action. Said notice of denial shall also inform the applicant that the zoning ordinance contains provisions permitting the filing of a conditional use permit for a winery which is not in full compliance with the requirements of this section. (Ord. 2000-0056 § 8, 2000.)

22.56.1764 Director’s review--Shared water wells.

A. Application. In addition to submitting the information required by Section 22.56.1680, an applicant for a shared water well shall submit the following for purposes of a director’s review:
1. The legal description of each lot that will share the well.
2. A detailed statement of:
a. The number and location of the dwelling units that will share the well and each of their existing and proposed uses. For purposes of determining the number of dwelling units that will share the well:
i. A primary unit, second unit, caretaker’s residence (either conventional or mobile home), and a senior citizens residence shall each be considered one dwelling unit; and
ii. A detached living quarters for use by temporary guests or domestic staff, and an attached living quarters for guests or domestic staff without a kitchen shall not be considered a dwelling unit.
b. The amount of water that will be available to each dwelling unit that will share the well and the intended uses for the water.
3. A list, certified by affidavit or statement under penalty of perjury, of the names and addresses of all persons who are shown on the latest available assessment roll of the County of Los Angeles as owners of the lots that will share the well and as owning property within a distance of 1,000 feet from the exterior boundaries of these lots.
4. Two sets of mailing labels for the above-stated owners.
5. A map drawn to a scale specified by the director indicating where all such ownerships are located.
6. Site plan. For each lot containing a dwelling unit that will share the well, a site plan containing a depiction of the following:
a. The lot’s property lines.
b. The rights-of-way of all public and private streets adjoining the lot.
c. The location of all existing and proposed dwelling units and other structures and land uses on the lot.
d. The location and depth of all existing and proposed infrastructure for water and sewers on the lot, including, but not limited to, the infrastructure for:
i. Existing wells, including abandoned wells;
ii. Newly proposed wells; and
iii. Existing and proposed sewage and/or waste disposal systems.
e. Existing and proposed easements covering any portion of the lot.
7. Water test results. Test results for boring, chemical constituent, and bacteriology showing, to the satisfaction of the county department of health services, the adequacy of groundwater depth, well yield, water flow, and water quality to service the dwelling units that will share the well.
8. Access easement. An access easement prepared by a licensed attorney, licensed surveyor, or registered civil engineer, showing, to the satisfaction of the county departments of health services, fire, and public works, that access to the shared water well, and its related pumps, tanks, and pipes, has been granted to the owners of the dwelling units that will share the well.
9. Covenant. A covenant prepared by a licensed attorney, signed by the owners of all of the dwelling units that will share the well, setting forth, to the satisfaction of the county departments of health services, fire, and public works:
a. The information described in subsections A.1 and A.2 of this Section.
b. The procedures for modifying and amending the covenant.
c. That the owner of the lot that contains the shared water well has agreed to:
i. Ensure a continuous flow of water to all dwelling units that will share the well;
ii. Submit a bacteriology report to the county department of health services every three years following the director’s approval of the shared well, prepared by a registered civil engineer, registered engineering geologist, or certified hydrologist with hydrology-related experience, describing the quality of the water from the shared water well; and
iii. Submit a report to the county department of health services and/or other appropriate county department every three years following the director’s approval of the shared well, prepared by a California-registered geologist or registered engineer holding a valid class A general engineering contractor C-57 or C-61(D-21) license, certifying that the shared water well is fully operational.
d. That each owner of a lot that will share the well has agreed to ensure that the water from the shared water well will be used exclusively to serve those dwelling units described in the application for the shared well.
e. That the applicant will obtain all necessary permits and approvals from the county departments of health services, fire, and public works.
10. Documentation regarding assumption of risk. A document prepared by a licensed attorney, and satisfactory to the county, demonstrating that all owners of the dwelling units that will share the well and all successors, assigns, and tenants of such owners agree to assume all risks, waive all liability, covenant not to sue, and indemnify the county, its agents, officers, and employees for any damages resulting from the county’s approval of and/or imposition of conditions on the application and/or the subsequent use of the shared water well by such persons.
11. Any other information the director deems necessary to make a determination on the pending application.
12. In his/her review, the director may waive any of the requirements set forth in subsections A.1 through A.10 above, provided he/she obtains an approval for such waiver from the county departments of health services, fire, and public works.
B. Environmental Review. An application for a director’s review for a shared water well shall be considered a discretionary project as that term is defined in the California Environmental Quality Act, California Public Resources Code, Division 13.
C. Application Processing Procedures.
1. Notice. The director shall send a written notice that an application for a shared water well has been filed to all property owners shown on the list described in subsection A.3, above, and to such other persons who, in the director’s judgment, might be affected by the proposal, including, but not limited to, members of interested homeowners’ associations and civic organizations. The notice shall be sent by first-class mail, postage prepaid, and shall describe the proposal, informing the recipient that written comments may be submitted to the director for consideration within 15 days after receipt of such notice.
2. Distribution of the application. The director shall send copies of the application and all of its related materials to the county departments of health services, fire, and public works for their formal review and conceptual approval.
3. Director’s decision.
a. Notwithstanding the principals and standards in Section 22.56.1690 that otherwise apply to a director’s review, the director may approve an application for a shared water well if he/she finds that the shared water well:
i. Will not be materially detrimental to the affected aquifer/water table level(s);
ii. Will not be materially detrimental to the use, enjoyment, or value of the properties adjacent to the properties where the subject dwelling units are located;
iii. Will not induce significant growth in the area surrounding the shared water well; and
iv. Will not have a significant adverse effect on public services, facilities, and roads in the area surrounding the shared water well.
b. The director may impose any such condition on the application that he/she deems appropriate to ensure that the use of the shared water well will be consistent with these findings and will further the objectives of all other provisions of this section, including, but not limited to, conditions requiring that:
i. Prior to the construction of the shared well, the applicant shall obtain all necessary permits and approvals from the county departments of health services, fire, and public works; and
ii. Prior to the use of the shared well, the documents described in subsections A.8, A.9, and A.10, above, shall be recorded in the office of the county department of registrar-recorder/county clerk and that such recorded documents shall constitute covenants running with the land for the benefit of the county.
c. In making a decision on the application, the director shall consider any written comments that he/she receives from the persons notified pursuant to subsections C.1 and C.2, above.
4. Notice of director’s decision. Notice of the director’s decision shall be sent by first-class mail, postage prepaid, to the applicant, to all persons who submitted written comments on the application, and to any other person requesting notification of the director’s decision, including, but not limited to, members of interested homeowners’ associations and civic organizations. Such notice shall inform the recipient that the director’s decision may be appealed in accordance with the provisions of subsection C.5 below.
5. Appeal of director’s decision. The decision of the director may be appealed pursuant to the provisions of Chapter 22.60, Part 5, where, for purposes of those provisions, the director’s decision shall be treated like a hearing officer’s decision. Notwithstanding sections 22.60.170 and 22.60.240.B, the appellate body may, in its discretion, set the matter for a public hearing pursuant to Chapter 22.60, Part 4. (Ord. 2005-0055 § 4, 2005.)

Part 13 MODIFICATIONS AND REVOCATIONS

22.56.1780 Grounds for modifications or revocations--Hearing officer authority.

After a public hearing as provided for in this Part 13, the hearing officer may revoke or modify any nonconforming use, or revoke or modify any permit, variance or other approval which has been granted by the hearing officer, the board of supervisors or the commission, pursuant to either the provisions of this Title 22 or of any ordinance superseded by this title on any one or more of the following grounds:
A. That such approval was obtained by fraud;
B. That the use for which such approval was granted is not being exercised;
C.1. That the use for which such approval was granted has ceased or has been suspended for one year or more;
2. This subsection does not apply to a surface mining operation for which a valid permit is in full force and effect or for which a valid, unexpired zone exception was granted prior to November 23, 1970, or which was lawfully established in former Zone Q, provided such operation complies with the requirements of Section 22.56.1400 for intermittent mining operations and if from the cessation of use the outer boundaries of the premises have been continuously posted with signs as described in subsection I of Section 22.56.1380;
D. Except in case of a dedicated cemetery, that any person making use of or relying upon the permit, variance or other approval is violating or has violated any conditions of such permit, variance or other approval, or that the use for which the permit, variance or other approval was granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation;
E. Except in the case of a dedicated cemetery, that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be as nuisance.
F. In all cases where the director determines that it is in the public interest or where the board of supervisors, either individually or collectively, requests, a public hearing shall be scheduled before the commission. In such case all procedures relative to notification, public hearing and appeal shall be the same as for a conditional use permit. Following a public hearing the commission shall approve or deny the proposed modifications and/or revocation, based on the findings required by this section. (Ord. 91-0062 § 4 (part), 1991; Ord. 86-0145 § 2, 1986; Ord. 85-0195 § 43, 1985; Ord. 1494 Ch. 5 Art. 10 § 510.1, 1927.)

22.56.1782 Nonconforming uses and structures--Additional grounds.

In addition to the grounds for revocation or modification contained in Section 22.56.1780, a nonconforming use or structure may be revoked or modified after a public hearing if the hearing officer finds:
A. That the condition of the improvements, if any, on the property are such that to require the property to be used only for these uses permitted in the zone where it is located would not impair the constitutional rights of any person;
B. That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person. (Ord. 91-0062 §§ 4 (part), 5, 1991; Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 10 § 510.2, 1927.)

22.56.1784 Commercial or industrial uses.

A. It is the purpose of this section to provide a just and equitable method to be cumulative with any other remedy available for the abatement of certain nuisance activities. These include existing land uses which have become public nuisances or are being operated or maintained in violation of any other provision of law.
B. Regardless of any other provision of this title to the contrary, the planning commission may recommend to the board of supervisors the modification, discontinuance or removal of a commercial or industrial use if the commission finds that as operated or maintained, such use:
1. Jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding area; or
2. Constitutes a public nuisance; or
3. Has resulted in repeated nuisance activities including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, loud noises in late night or early morning hours, traffic violations, curfew violations, lewd conduct or police detentions and arrests; or
4. Violates any provision of any county, state, or federal regulation, ordinance or statute.
C. The planning commission shall give notice to the record owner and the lessee of the real property affected to appear at a public hearing at a time and place fixed by the planning commission, and show cause why the use, building, or structure should not be modified, discontinued, or removed as the case may be.
D. After such notice and hearing as are required by Part 4 of Chapter 22.60, the planning commission shall recommend approval or denial of the modification or discontinuance, or removal of the subject use, building or structure. As part of any such recommendation, the planning commission shall recommend such conditions as the commission deems appropriate, including those necessary to protect the surrounding property or neighborhood, to eliminate, lessen, or prevent any detrimental effect thereon, or assure compliance with other applicable provisions of law. Conditions imposed may include the establishment of amortization schedules, and may affect the establishment, maintenance, or operation of the subject commercial or industrial use and any related uses, buildings or structures.
E. Any such recommendation will be supported by written findings, including a finding that the action does not impair the constitutional rights of any person. However, the planning commission may recommend that a use be discontinued or a building or structure removed only upon finding that (1) prior governmental efforts to cause the owner or lessee to eliminate the problems associated with the premises have failed (examples include formal action by law enforcement, building and safety, or zoning officials); and (2) that the owner or lessee has failed to demonstrate, to the satisfaction of the planning commission, the willingness and ability to eliminate the problems associated with the premises.
F. The commission shall serve a notice of its action in the manner prescribed by Section 22.60.190.
G. After receipt of the commission’s recommendation, the board of supervisors shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Part 4 of Chapter 22.60; provided, however, that if the planning commission has recommended against the approval of a modification, the board shall not be required to take further action and the action of the commission shall become final unless an interested party requests a hearing by the board of supervisors by filing a written request with the executive officer of the board within five days after the commission files its recommendation with the board of supervisors.
H. The board of supervisors may approve, modify or disapprove the recommendation of the commission, and its action to modify or revoke shall be supported by the written findings prescribed in subsection E of this section.
I. The board of supervisors shall serve a notice of its action in the manner prescribed by Section 22.60.190.
J. It shall be unlawful to violate or fail to comply with any requirement or condition imposed by final action of the board of supervisors pursuant to this section. Such violation or failure to comply shall constitute a violation of this title and shall be subject to the same penalties as any other violation of this title.
K. Hearings on modifications or revocations undertaken pursuant to this section may be initiated:
1. If the board of supervisors instructs the commission to set the matter for a hearing and recommendation; or
2. Upon the initiative of the commission. (Ord. 95-0059 § 1, 1995.)

22.56.1785 Hearings--Initiation.

Hearings on revocations or modifications of permits, variances or nonconforming uses or structures may be initiated:
A. If the board of supervisors instructs the hearing officer or the commission to set the matter for a public hearing; or
B. Upon the initiative of the commission. (Ord. 91-0062 § 4 (part), 1991; Ord. 85-0195 §§ 10 (part) and 11 (part), 1985; Ord. 1494 Ch. 5 Art. 10 § 510.3, 1927.)

22.56.1790 Hearings--Notice requirements.

Notice of a public hearing on a revocation or modification shall be provided as follows:
A. To the same persons and in the same manner as required for a public hearing before the hearing officer pursuant to Section 22.60.174; and
B. By such other additional means that the hearing officer deems necessary. (Ord. 85-0195 § 14 (part), 1985; Ord. 85-0009 § 16, 1985; Ord. 1494 Ch. 5 Art. 10 § 510.4, 1927.)

22.56.1800 Hearings--Continuance.

If for any reason the testimony of any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may, before adjournment or recess, publicly announce the time and place at which said hearing will be continued, and no further notice thereof shall be required. (Ord. 1494 Ch. 5 Art. 10 § 570.5, 1927.)

22.56.1810 Notice of action taken by hearing officer.

Notice of the action taken by the hearing officer shall be provided in accordance with the provisions of Section 22.60.190. (Ord. 85-0195 § 14 (part), 1985; Ord. 1494 Ch. 5 Art. 10 § 510.6, 1927.)

Part 14 TEMPORARY USE PERMITS

22.56.1830 Purpose.

The temporary use permit is established to recognize that certain temporary activities may be appropriate at specific locations but would be inappropriate on a permanent basis. The intent in establishing the temporary use permit procedure is to provide a mechanism to regulate specified short-term land use activities to avoid or mitigate adverse effects or incompatibility between such short-term land uses activities and the surrounding area where these temporary activities are proposed. (Ord. 99-0071 § 7, 1999: Ord. 1494 Ch. 5 Art. 14 § 514.1, 1927.)

22.56.1835 List of temporary uses.

The following temporary uses may be established with a valid temporary use permit:
-- Carnivals, exhibitions, fairs, festivals, pageants and religious observances sponsored by a public agency or a religious, fraternal, educational or service organization directly engaged in civic, charitable or public service endeavors conducted for no more than six weekends or seven days during any 12-month period except where a longer time period is approved pursuant to Section 22.56.1885. “Weekend” means Saturday and Sunday, but national holidays observed on a Friday or Monday may be included. This provision shall not include outdoor festivals and tent revival meetings.
-- Movie on-location filming for a period of time to be determined by the Director.
-- Outside display or sales of goods, equipment, merchandise or exhibits, in a commercial zone, conducted not more than once during any 30-day period nor more than four times during any 12-month period with each time not exceeding one weekend or three consecutive calendar days, provided that all goods, equipment and merchandise are the same as those sold or held for sale within the business on the lot or parcel of land where the outside display and sales are proposed. This provision shall not permit the outside storage of goods, equipment, merchandise or exhibits except as otherwise may be provided by this Title 22. (Ord. 99-0071 § 8, 1999: Ord. 88-0022 § 1, 1988: Ord. 83-0069 § 1, 1983; Ord. 83-0007 § 6, 1983.)

22.56.1840 Application--Filing.

Any person desiring a temporary use permit as provided for in this Title 22 may file an application with the director, except that no application shall be filed or accepted if final action has been taken within six months prior thereto by either the director or the hearing officer to deny an application for the same or substantially the same permit. (Ord. 1494 Ch. 5 Art. 14 § 514.2, 1927.)

22.56.1850 Application--Contents.

A. An application for a temporary use permit shall include the following information and documents:
1. The name and address of the applicant and the operator of the temporary use, if different, and of any persons designated by the applicant as his agents for service of process;
2. The name and address of all persons owning a possessory interest in any or all of the property to be used for the temporary use;
3. Evidence that the applicant of a temporary use permit:
a. Is the owner of the lot or parcel of land involved, or
b. Has written permission of the owner or owners to make such application;
4. The location of the subject property (address of vicinity);
5. The legal description of the property involved;
6. The legal name of the organization that is conducting or sponsoring such temporary use and such other material as may be necessary to determine eligibility to file;
7. The precise nature of the temporary use requested;
8. A site plan of the proposed temporary use drawn to a scale satisfactory to, and in the number of copies prescribed by the director, indicating:
a. The area and dimensions of the proposed temporary use site,
b. The location, area and hours of operation for each activity associated with the temporary use permit,
c. The locations and dimensions of all existing and proposed temporary buildings and structures including roads, streets, highways, parking and loading facilities, and signs, on the site where the temporary use is requested,
d. The location of all existing roads intended to provide access to major or secondary highways and parkways,
e. The location and method of computation of the total sign area for all temporary signage proposed,
f. Where necessary to process an application, the location of alternative parking;
9. The operating practices proposed to be used by the operator to mitigate noise, dust, air, contaminants, garbage, and vibration associated with and as a result of the proposed temporary use;
10. Evidence that other permits and approvals required in compliance with the provisions of other applicable ordinances have been applied for or secured;
11. Such other information as the director may require.
B. An application for a temporary use permit filed pursuant to Section 22.56.1885 shall include, in addition to the information required by subsection A above, the following material:
1. A map showing all property ownership within a 500-foot radius from the boundaries of the parcel of land proposed to be used;
2. Two sets of mailing labels for all ownerships shown on the map required above and for all occupants, as necessary to comply with Section 22.56.1885 A1b;
3. A map showing all land uses within a 500-foot radius from the boundaries of the parcel of land proposed to be used.
C. The director may waive the filing of one or more of the above items where unnecessary to process the application of a temporary use permit. (Ord. 99-0071 § 9, 1999; Ord. 90-0134 § 10, 1990; Ord. 83-0069 § 2, 1983; Ord. 1494 Ch. 5 Art. 15 § 514.3, 1927.)

22.56.1860 Burden of proof.

In addition to the information required in the application by Section 22.56.1850, the applicant of a temporary use permit shall substantiate to the satisfaction of the director the following facts:
A. That the operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
B. That the proposed site is adequate in size and shape to accommodate such temporary use without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and
C. That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate; and
D. That, with respect to an application for outside display or sales, all goods, equipment and merchandise shall be the same as those sold or held for sale within the business on the lot or parcel of land where the outside display and sales are proposed.
(Ord. 99-0071 § 10, 1999: Ord. 1494 Ch. 5 Art. 14 § 514.4, 1927.)

22.56.1870 Fees required.

When a temporary use permit application is filed, it shall be accompanied by the filing fee as required in Section 22.60.100. (Ord. 1494 Ch. 5 Art. 14 § 514.5, 1927.)

22.56.1880 Director’s findings and determination.

A. The director shall not approve an application for a temporary use permit unless he finds that the burden of proof set forth in Section 22.56.1860 has been met by the applicant. In addition, the director shall also find:
1. That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the director in any case where such temporary use is proposed for a period longer than one weekend or three consecutive days;
2. That approval of a temporary use permit will not result in the use of a lot or parcel of land for a cumulative time period in excess of the maximum time period such temporary use may be authorized during any 12-month period, except where a longer period is specifically approved in accordance with the provisions of Section 22.56.1885;
3. That, with respect to an application for the outside display or sales of goods, equipment, merchandise or exhibits, not more than 20 percent of the area designated for parking required by Part 11 of Chapter 22.52 for the established business shall be used in connection with the outside display or sales.
B. The director shall deny an application for a temporary use permit where the information submitted by the applicant and/or obtained by investigation of the staff fails to substantiate such findings. (Ord. 99-0071 § 11, 1999: Ord. 83-0069 § 3, 1983; Ord. 1494 Ch. 5 Art. 14 § 514.6, 1927.)

22.56.1885 Procedure for extended time periods.

Where an application for a temporary use permit for an extended time period is filed, these procedures shall be followed:
A. Notification.
1. The director shall cause a notice indicating the applicant’s request at the location specified to be forwarded to:
a. The applicant by registered or certified mail, postage prepaid, return receipt requested;
b. All persons whose names and addresses appear on the latest available assessment roll of the county of Los Angeles as owning property within a distance of 500 feet from the exterior boundaries of the parcel of land on which the permit is filed, by first class mail, postage prepaid. A notice shall also be sent in a similar manner to “occupant” at the site address in those cases where the mailing address of any owner of property required to be notified under the provisions of this subsection differs from the site address of such property; and
c. Such other persons whose property might, in his judgment, be affected by such application or permit, by first class mail, postage prepaid.
2. Such notice shall also indicate that any individual opposed to the granting of such permit may file a written protest with the director within 15 days after receipt of such notice by the applicant.
B. Action.
1. The director shall, without public hearing, approve an application for a temporary use permit for an extended time period when:
a. The applicant has met the burden of proof set forth in Section 22.56.1860 and the director can make the findings required by Section 22.56.1880; and
b. A written protest to the proposed temporary use permit has been received within 15 days after receipt of the notice by the applicant, and the director determines that the concerns raised in such protest are not of general community interest and can be adequately mitigated through the imposition of conditions.
2. The director shall deny the application without public hearing where the information submitted by the applicant fails to substantiate the burden of proof and the required findings.
3. In all cases where a written protest has been received and the director determines that the concerns raised are of general community interest, the applicant shall be notified in writing. Such notification will also inform the applicant that within 30 days after receipt of such notice he may request a public hearing before the director by filing any additional information that the director may require and by paying an additional fee, the amount of which shall be stated in the notice. At the expiration of the 30-day period:
a. The director shall deny an application where the applicant has not requested a public hearing; or
b. A public hearing shall be scheduled before the director. All procedures relative to notification, publication and conducting the public hearing shall be the same as for a conditional use permit. Following a public hearing the director shall approve or deny the proposed application, based on the findings required by this Part 14.
4. The director shall send a notice of the action to the applicant, any person requesting notification, and anyone who has filed a written protest. Such notice shall:
a. Indicate that an appeal may be filed with the commission pursuant to this section; and
b. Be sent in accordance with the provisions of subsection A1 of this section.
5. The decision of the director shall become final and effective as set forth in Part 5 of Chapter 22.60 unless an appeal is timely filed.
C. Appeal. Any person dissatisfied with the action of the director, may file an appeal with the commission within the time period set forth in, and subject to all the other provisions of Part 5 of Chapter 22.60, except that the decision of the commission shall be final and shall not be subject to further administrative appeal.
D. Date of Grant. Where an appeal is filed on a temporary use permit for an extended time period, and the permit is ultimately granted, the date of decision by the commission on such appeal shall be deemed the date of grant in determining said expiration date.
E. Notwithstanding the above provisions, a temporary use permit for the outside display or sales of goods, equipment, merchandise or exhibits in commercial zones shall not be authorized for an extended time period. (Ord. 2008-0026 § 18, 2008; Ord. 99-0071 § 12, 1999; Ord. 90-0134 § 11, 1990; Ord. 85-0009 § 17, 1985; Ord. 83-0069 § 4, 1983.)

22.56.1890 Conditions of issuance.

A. In approving an application for a temporary use permit, the director may impose such conditions as he deems necessary to insure that the permit will be in accord with the findings required by Sections 22.56.1860 and 22.56.1880. These conditions may involve any pertinent factors affecting the operation of such temporary event or use including but not limited to:
1. Requirement of temporary parking facilities including vehicular access and egress;
2. Regulation of nuisance factors such as but not limited to prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, garbage and heat;
3. Regulation of temporary buildings, structures and facilities including placement, height and size, limitations on commercial rides or other equipment permitted, the location of open spaces including buffer areas and other yards, and signs;
4. Regulation of operating hours and days including limitation of the duration of such temporary use to a shorter or longer time period than the maximum period authorized;
5. Requirement of a performance bond or other surety device to assure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within one week following such event and the property restored to a neat condition. The director may designate a different time period and/or require clean up of additional surrounding property at his discretion;
6. Requirement of a site plan indicating all details and data as prescribed in this Title 22;
7. Requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other ordinances;
8. Such other conditions as will make possible the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this title.
B. In addition to such other conditions as the director may impose, it shall also be deemed a condition of every temporary use permit, whether such condition is set forth in the temporary use permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto or enlargement of any permanent building, structure or facility.
C. Notwithstanding provisions in this Title 22 to the contrary, the director in approving a temporary use permit for the outside display or sales of goods, equipment, merchandise or exhibits may permit a temporary banner limited in time for the duration granted in the permit at any location on the subject property deemed appropriate, but in no event shall the director authorize a banner that exceeds 40 square feet of total sign area. (Ord. 99-0071 § 13, 1999; Ord. 83-0069 § 5, 1983; Ord. 1494 Ch. 5 Art. 14 § 514.7, 1927.)

22.56.1900 Parking facilities--Conditions.

A. In the granting of a temporary use permit, the director may authorize temporary use of parking and related facilities established to serve permanent uses as follows; provided, that such temporary usage is specifically recognized in the permit:
1. Joint usage of required automobile parking facilities established to serve a permanent use, provided the owner or occupant of the permanent use or his authorized legal representative submits written consent, and it is determined by the director that such joint utilization will not have a substantially detrimental effect on the surrounding area;
2. Temporary occupation by a temporary use of a portion of parking facilities or structures established to serve a permanent use provided the owner or occupant of such use or his authorized legal representative submits written consent, and it is determined that such joint utilization will not have a substantially detrimental effect on the surrounding area.
B. The temporary reduction in required parking for such permanent use shall not be construed to require a variance with respect to parking requirements of this Title 22. (Ord. 1494 Ch. 5 Art. 14 § 514.8, 1927.)

22.56.1910 Notice service procedure.

For applications other than those processed in accordance with Section 22.56.1885, the director shall serve notice of his action upon the applicant as required by law for the service of summons, or by registered or certified mail, postage prepaid, return receipt requested. Such notification may also be hand-delivered to the applicant, when appropriate, at the director’s discretion. (Ord. 83-0069 § 6, 1983: Ord. 1494 Ch. 5 Art. 14 § 514.9, 1927.)

22.56.1920 Certain uses on county property--Board authority.

Where the following temporary uses are proposed on property owned by or held under the control of the county, the department, district or agency delegated authority to administer such activity by the board of supervisors may assume jurisdiction and approve the temporary use subject to limitations and conditions as are deemed appropriate by said department, district or agency:
-- Carnivals, exhibitions, fairs, festivals, pageants, and religious observances.
-- Movie on-location filming.
(Ord. 83-0007 § 7, 1983; Ord. 1494 Ch. 5 Art. 14 § 514.10, 1927.)

22.56.1925 Movie on-location filming.

A. Notwithstanding the other provisions of this Part 14, applications for movie on-location filming permits shall be filed with the filming permit coordination office which shall approve such application for a time period not to exceed the time period specified in this Title 22 where it finds that the findings set forth in Section 22.56.1860 and subsection A1 of Section 22.56.1880 have been met by the applicant. In addition, in lieu of subsection A2 of Section 22.56.1880, the filming permit office shall also find that such approval will not result in a frequency of usage likely to create incompatibility between such temporary use and the surrounding area. Where an application is denied due to frequency of usage, the filming permit office shall specify the minimum time period between approvals which, in its opinion, is necessary to prevent such incompatibility.
B. In interpreting the other provisions of this Part 14 in relation to movie on-location filming, the filming permit office shall be substituted for the director, and the provisions of Sections 22.56.1840 and 22.56.1870 shall not apply. (Ord. 90-0093 § 10, 1990: Ord. 83-0007 § 8, 1983.)

Part 16 OAK TREE PERMITS

22.56.2050 Established--Purpose.

The oak tree permit is established (a) to recognize oak trees as significant historical, aesthetic and ecological resources, and as one of the most picturesque trees in Los Angeles County, lending beauty and charm to the natural and manmade landscape, enhancing the value of property, and the character of the communities in which they exist; and (b) to create favorable conditions for the preservation and propagation of this unique, threatened plant heritage, particularly those trees which may be classified as heritage oak trees, for the benefit of current and future residents of Los Angeles County. It is the intent of the oak tree permit to maintain and enhance the general health, safety and welfare by assisting in counteracting air pollution and in minimizing soil erosion and other related environmental damage. The oak tree permit is also intended to preserve and enhance property values by conserving and adding to the distinctive and unique aesthetic character of many areas of Los Angeles County in which oak trees are indigenous. The stated objective of the oak tree permit is to preserve and maintain healthy oak trees in the development process. (Ord. 88-0157 § 1, 1988: Ord. 82-0168 § 2 (part), 1982.)

22.56.2060 Damaging or removing oak trees prohibited--Permit requirements.

A. Except as otherwise provided in Section 22.56.2070, a person shall not cut, destroy, remove, relocate, inflict damage or encroach into a protected zone of any tree of the oak genus which is (a) 25 inches or more in circumference (eight inches in diameter) as measured four and one-half feet above mean natural grade; in the case of an oak with more than one trunk, whose combined circumference of any two trunks is at least 38 inches (12 inches in diameter) as measured four and one half feet above mean natural grade, on any lot or parcel of land within the unincorporated area of Los Angeles County, or (b) any tree that has been provided as a replacement tree, pursuant to Section 22.56.2180, on any lot or parcel of land within the unincorporated area of Los Angeles County, unless an oak tree permit is first obtained as provided by this Part 16.
B. “Damage,” as used in this Part 16, includes any act causing or tending to cause injury to the root system or other parts of a tree, including, but not limited to, burning, application of toxic substances, operation of equipment or machinery, or by paving, changing the natural grade, trenching or excavating within the protected zone of an oak tree.
C. “Protected zone,” as used in this Part 16, shall mean that area within the dripline of an oak tree and extending therefrom to a point at least five feet outside the dripline, or 15 feet from the trunks of a tree, whichever distance is greater. (Ord. 88-0157 § 2, 1988: Ord. 82-0168 § 2 (part), 1982.)

22.56.2070 Exemptions from Part 16 applicability.

The provisions of this Part 16 shall not apply to:
A. Any permit, variance or tentative map for a subdivision, including a minor land division, approved prior to the effective date of the ordinance codified in this Part 16 by the board of supervisors, regional planning commission or the planning director;
B. Cases of emergency caused by an oak tree being in a hazardous or dangerous condition, or being irretrievably damaged or destroyed through flood, fire, wind or lightning, as determined after visual inspection by a licensed forester with the department of forestry and fire warden;
C. Emergency or routine maintenance by a public utility necessary to protect or maintain an electric power or communication line or other property of a public utility;
D. Tree maintenance, limited to medium pruning of branches not to exceed two inches in diameter in accordance with guidelines published by the National Arborists Association, (see Class II), intended to insure the continued health of a protected tree;
E. Trees planted, grown and/or held for sale by a licensed nursery;
F. Trees within existing road rights-of-way where pruning is necessary to obtain adequate line-of-sight distances and/or to keep street and sidewalk easements clear of obstructions, or to remove or relocate trees causing damage to roadway improvements or other public facilities and infrastructure within existing road rights-of-way, as required by the Director of Public Works. (Ord. 93-0018 § 1, 1993; Ord. 88-0157 § 3, 1988; Ord. 82-0168 § 2 (part), 1982.)

22.56.2080 Application--Filing--Repeated filings.

Any person desiring an oak tree permit, as provided for in this Title 22, may file an application with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by the hearing officer or director or the commission on an application requesting the same or substantially the same permit. (Ord. 85-0195 § 12 (part), 1985; Ord. 82-0168 § 2 (part), 1982.)

22.56.2090 Application--Information and documents required.

An application for an oak tree permit shall include the following information and documents:
A. The name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B. Evidence that the applicant:
1. Is the owner of the premises involved, or
2. Has written permission of the owner or owners to make such application;
C. Location of subject property (address or vicinity);
D. Legal description of the property involved;
E.1. A site plan drawn to a scale satisfactory to, and in the number of copies prescribed by the director, indicating the location and dimension of all of the following existing and proposed features on the subject property:
a. Lot lines,
b. Streets, highways, access and other major public or private easements,
c. Buildings and/or structures, delineating roof and other projections,
d. Yards,
e. Walls and fences,
f. Parking and other paved areas,
g. Proposed areas to be landscaped and/or irrigated,
h. Proposed construction, excavation, grading and/or landfill. Where a change in grade is proposed, the change in grade within the protected zone of each plotted tree shall be specified,
i. The location of all oak trees subject to this Part 16 proposed to be removed and/or relocated, or within 200 feet of proposed construction, grading, landfill or other activity. Each tree shall be assigned an identification number on the plan, and a corresponding permanent identifying tag shall be affixed to the north side of each tree in the manner prescribed by Section 22.56.2180. These identifications shall be utilized in the oak tree report and for physical identification on the property where required. The protected zone shall be shown for each plotted tree,
j. Location and size of all proposed replacement trees,
k. Proposed and existing land uses,
l. Location of all surface drainage systems,
m. Other development features which the director deems necessary to process the application,
2. Where a concurrent application for a permit, variance, zone change, tentative map for a subdivision, including a minor land division or other approval, is filed providing the information required by this subsection E, the director may waive such site plan where he deems it unnecessary to process the application;
F.1. An oak tree report, prepared by an individual with expertise acceptable to the director and county forester and fire warden, and certified to be true and correct, which is acceptable to the director and county forester and fire warden, of each tree shown on the site plan required by subsection E of this section, which shall contain the following information:
a. The name, address and telephone number during business hours of the preparer,
b. Evaluation of the physical structure of each tree as follows:
i. The circumference and diameter of the trunk, measured four and one-half feet above natural grade,
ii. The diameter of the tree’s canopy, plus five feet, establishing the protected zone,
iii. Aesthetic assessment of the tree, considering factors such as but not limited to symmetry, broken branches, unbalanced crown, excessive horizontal branching,
iv. Recommendations to remedy structural problems where required,
c. Evaluation of the health of each tree as follows:
i. Evidence of disease, such as slime flux, heart rot, crown rot, armillaria root fungus, exfoliation, leaf scorch and exudations,
ii. Identification of insect pests, such as galls, twig girdler, borers, termites, pit scale and plant parasites,
iii. Evaluation of vigor, such as new tip growth, leaf color, abnormal bark, deadwood and thinning of crown,
iv. Health rating based on the archetype tree of the same species,
v. Recommendations to improve tree health, such as insect or disease control, pruning and fertilization,
d. Evaluation of the applicant’s proposal as it impacts each tree shown on the site plan, including suggested mitigating and/ or future maintenance measures where required and the anticipated effectiveness thereof,
e. Identification of those trees shown on the site plan which may be classified as heritage oak trees. Heritage oak trees are either of the following: any oak tree measuring 36 inches or more in diameter, measured four and one-half feet above the natural grade; any oak tree having significant historical or cultural importance to the community, notwithstanding that the tree diameter is less than 36 inches,
f. Identification of any oak tree officially identified by a county resource conservation district.
2. The requirement for an oak tree report may be waived by the director where a single tree is proposed for removal in conjunction with the use of a single-family residence listed as a permitted use in the zone, and/or such information is deemed unnecessary for processing the applications;
G. The applicant shall provide an oak tree information manual prepared by and available from the forester and fire warden to the purchasers and any homeowners’ association. (Ord. 88-0157 § 4, 1988: Ord. 82-0168 § 2 (part), 1982.)

22.56.2100 Application--Burden of proof.

A. In addition to the information required in the application by Section 22.56.2090, the application shall substantiate to the satisfaction of the director the following facts:
1. That the proposed construction of proposed use will be accomplished without endangering the health of the remaining trees subject to this Part 16, if any, on the subject property; and
2. That the removal or relocation of the oak tree(s) proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated; and
3. That in addition to the above facts, at least one of the following findings apply:
a. That the removal or relocation of the oak tree(s) proposed is necessary as continued existence at present location(s) frustrates the planned improvement or proposed use of the subject property to such an extent that:
i. Alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or
ii. Placement of such tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorized, or
b. That the oak tree(s) proposed for removal or relocation interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than removal of the tree(s), or
c. That the condition of the oak tree(s) proposed for removal with reference to seriously debilitating disease or danger or falling is such that it cannot be remedied through reasonable preservation procedures and practices;
4. That the removal of the oak tree(s) proposed will not be contrary to or be in substantial conflict with the intent and purpose of the oak tree permit procedure;
B. For purposes of interpreting this section, it shall be specified that while relocation is not prohibited by this Part 16, it is a voluntary alternative offering sufficient potential danger to the health of a tree as to require the same findings as removal. (Ord. 88-0157 § 5, 1988; Ord. 82-0168 § 2 (part), 1982.)

22.56.2110 Application--Filing fee.

When an application for an oak tree permit is filed, it shall be accompanied by the filing fee as required in Section 22.60.100. (Ord. 82-0168 § 2 (part), 1982.)

22.56.2120 Application--Denial for lack of information.

The director may deny without further action an application requesting an oak tree permit if such application does not contain the information required by this Part 16. The director may permit the applicant to amend the application. (Ord. 82-1068 § 2 (part), 1982.)

22.56.2130 Application--Notice requirements.

Notification pertaining to an application for an oak tree permit shall be provided as follows:
A. Where an application for a permit, variance, zone change or tentative map for a subdivision, including a minor land division, is concurrently filed, notice that an oak tree permit will also be considered shall be included in required legal notices for such permit, variance, zone change or tentative subdivision map;
B.1. Where no concurrent application is filed as provided in subsection A of this section and except as otherwise expressly provided in subsection C, the director not less than 20 days before the date of public hearing shall cause notice of such filing to be published once in a newspaper of general circulation in the county of Los Angeles available in the community in which such oak tree permit is proposed.
2. Such notices shall include the statement: “Notice of Oak Tree Permit Filing.” Also included shall be information indicating the location of the subject property (address or vicinity), legal description of the property involved, the applicant’s request, and the time and place of the proposed public hearing. The notice shall also provide the address and telephone number of the department of regional planning, and state that the department may be contacted for further information;
C. Notwithstanding the other provisions of this section, publishing shall not be required where removal or relocation of not more than one tree is proposed in conjunction with the use of a single-family residence listed as a permitted use in the zone. (Ord. 88-0157 § 6, 1988: Ord. 82-0168 § 2 (part), 1982.)

22.56.2140 Review of oak tree report by county forester and fire warden.

A. On receipt of an application for an oak tree permit, the director shall refer a copy of the applicant’s oak tree report as required by Section 22.56.2090 to the county forester and fire warden. The county forester and fire warden shall review said report for the accuracy of statements contained therein, and shall make inspections on the project site. Such inspections shall determine the health of all such trees on the project site and such other factors as may be necessary and proper to complete his review, a copy of which shall be submitted in writing to the director and/or commission within 15 days after receipt from the director;
B. The county forester and fire warden may at his option also suggest conditions for use by the hearing officer or the director or commission pursuant to Section 22.56.2180.
C. When the county forester determines that replacement or relocation on the project site of oak trees proposed for removal is inappropriate, the forester may recommend that the applicant pay into the oak forests special fund the amount equivalent to the oak resource value of the trees described in the oak tree report. The oak resource value shall be calculated by the applicant and approved by the county forester according to the most current edition of the International Society of Arboriculture’s “Guide to Establishing Values for Trees and Shrubs.”
D. Funds collected shall be used for the following purposes:
1. Establishing and planting new trees on public lands;
2. Maintaining existing oak trees on public lands;
3. Purchasing prime oak woodlands;
4. Purchasing sensitive oak trees of cultural or historic significance.
E. Not more than seven percent of the funds collected may be used to study and identify appropriate programs for accomplishing the preceding four purposes. (Ord. 93-0017 § 1, 1993: Ord. 88-0157 § 7, 1988: Ord. 85-0195 § 12 (part), 1985; Ord. 82-0168 § 2 (part), 1982.)

22.56.2150 Application--Commission consideration when concurrently filed.

When an application for a permit, variance, zone change or tentative map for a subdivision, including a minor land division, is concurrently filed with an application for an oak tree permit as provided by this Title 22, the hearing officer or the commission shall consider and approve such application for an oak tree permit concurrently with such other approvals. The hearing officer or the commission, in making their findings, shall consider each case individually as if separately filed. (Ord. 85-0195 § 10 (part), 1985; Ord. 82-0168 § 2 (part), 1982.)

22.56.2160 Application--Public hearing required when.

Where no concurrent consideration is conducted by the hearing officer or the commission pursuant to Section 22.56.2150, a public hearing shall be held pursuant to the procedure provided in Part 4 of Chapter 22.60 subject to the notice requirements of subsection B of Section 22.56.2130; provided, however, that no hearing shall be required for a filing in conjunction with the use of a single-family residence when publishing is not required by said subsection C of Section 22.56.2130. (Ord. 2008-0043 § 12, 2008: Ord. 85-0195 § 10 (part), 1985; Ord. 82-0168 § 2 (part), 1982.)

22.56.2170 Application--Grant or denial conditions.

The hearing officer or the director or commission shall approve an application for an oak tree permit where the information submitted by the applicant and/or brought to their attention during public hearing, including the report of the county forester and fire warden, substantiates that the burden of proof set forth in Section 22.56.2100 has been met. The hearing officer or the director or commission shall deny such application where the information submitted fails to substantiate such findings. (Ord. 85-0195 § 12 (part), 1985; Ord. 82-0168 § 2 (part), 1982.)

22.56.2180 Additional conditions imposed when.

The hearing officer or the director or commission, in approving an application for an oak tree permit, shall impose such conditions as are deemed necessary to insure that the permit will be in accord with the findings required by Section 22.56.2100. These conditions may involve, but are not limited to, the following:
A. The replacement of oak trees proposed for removal or relocation with trees of a suitable type, size, number, location and date of planting. In determining whether replacement should be required, the hearing officer or the director or commission shall consider but is not limited to the following factors:
1. The vegetative character of the surrounding area,
2. The number of oak trees subject to this Part 16 which are proposed to be removed in relation to the number of such trees currently existing on the subject property,
3. The anticipated effectiveness of the replacement of oak trees, as determined by the oak tree report submitted by the applicant and evaluated by the county forester and fire warden,
4. The development plans submitted by the applicant for the proposed construction or the proposed use of the subject property,
5. The relocation of trees approved for removal shall not be deemed a mitigating factor in determining the need for replacement trees,
6.a. Required replacement trees shall consist exclusively of indigenous oak trees and shall be in the ratio of at least two to one. Each replacement tree shall be at least a 15-gallon size specimen and measure at least one inch in diameter one foot above the base. The hearing officer, director or commission may, in lieu of this requirement, require the substitution of one larger container specimen for each oak tree to be replaced, where, in its opinion, the substitution is feasible and conditions warrant such greater substitution,
b. Replacement trees shall be properly cared for and maintained for a period of two years and replaced by the applicant or permittee if mortality occurs within that period,
c. Where feasible replacement trees should consist exclusively of indigenous oak trees and certified as being grown from a seed source collected in Los Angeles or Ventura Counties,
d. Replacement trees shall be planted and maintained on the subject property and, if feasible, in the same general area where the trees were removed. The process of replacement of oak trees shall be supervised in the field by a person who, in the opinion of the county forester and fire warden, has expertise in the planting, care and maintenance of oak trees;
B. A plan for protecting oak trees on the subject property during and after development, such as, but not limited to, the following requirements:
1. The installation of chain link fencing not less than four feet in height around the protected zone of trees shown on the site plan. Said fencing shall be in place and inspected by the forester and fire warden prior to commencement of any activity on the subject property. Said fencing shall remain in place throughout the entire period of development and shall not be removed without written authorization from the director or the forester and fire warden,
2. Where grading or any other similar activity is specifically approved within the protected zone, the applicant shall provide an individual with special expertise acceptable to the director to supervise all excavation or grading proposed within the protected zones and to further supervise, monitor and certify to the county forester and fire warden the implementation of all conditions imposed in connection with the applicant’s oak tree permit,
3. That any excavation or grading allowed within the protected zone or within 15 feet of the trunk of a tree, whichever distance is greater, be limited to hand tools or small hand-power equipment,
4. That trees on other portions of the subject property not included within the site plan also be protected with chain link fencing thus restricting storage, machinery storage or access during construction,
5. That the trees on the site plan be physically identified by number on a tag affixed to the north side of the tree in a manner preserving the health and viability of the tree. The tag shall be composed of a noncorrosive all-weather material and shall be permanently affixed to the tree. The tree shall be similarly designated on the site plan in a manner acceptable to the director,
6. That corrective measures for trees noted on the oak tree report as requiring remedial action be taken, including pest control, pruning, fertilizing and similar actions,
7. That, to the extent feasible as determined by the director, utility trenching shall avoid encroaching into the protected zone on its path to and from any structure,
8. At the start of grading operations and throughout the entire period of development, no person shall perform any work for which an oak tree permit is required unless a copy of the oak tree report, location map, fencing plans, and approved oak tree permit and conditions are in the possession of a responsible person and also available at the site. (Ord. 93-0018 § 2, 1993; Ord. 88-0157 § 8, 1988: Ord. 85-0195 § 12 (part), 1985; Ord. 82-0168 § 2 (part), 1982.)

22.56.2190 Notice of action--Method of service.

A. The director shall serve notice of action upon:
1. The applicant, as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested; and
2. All protestants testifying at the public hearing who have provided a mailing address, by first class mail, postage prepaid.
B. Where the hearing officer or the commission has concurrently considered a permit, variance, zone change or tentative map for a subdivision, including a minor land division, notice shall be included in the notice of action required for such concurrent actions. (Ord. 85-0195 § 10 (part), 1985; Ord. 82-0168 § 2 (part), 1982.)

22.56.2200 Appeal--From director’s decision--Procedures.

Any person dissatisfied with the action of the director may file an appeal of such action with the secretary of the commission within the time period set forth in, and subject to all of the other provisions of, Part 5 of Chapter 22.60. (Ord. 2008-0026 § 19, 2008: Ord. 96-0026 § 8, 1996: Ord. 82-0168 § 2 (part), 1982.)

22.56.2220 Appeal--Hearing procedures.

In all cases where the commission sets the matter for public hearing, it shall be held pursuant to the procedure provided for public hearings in Part 4 of Chapter 22.60. (Ord. 85-0195 § 46, 1985: Ord. 82-0168 § 2 (part), 1982.)

22.56.2240 Effective dates of decisions.

The decision of:
A. The director shall become final and effective as set forth in Part 5 of Chapter 22.60 unless an appeal is timely filed pursuant to the provisions of said Part 5 of Chapter 22.60;
B. The commission shall be final and effective on the date of decision. Appeal of an oak tree permit to the board of supervisors is only allowed where an oak tree permit is concurrently considered with a permit, variance, zone change or tentative map for a subdivision, including a minor land division, and such oak tree permit shall be appealable only as a part of an appeal on the concurrent entitlement. Said appeal must be made within the applicable time period and shall be subject to the applicable procedures established for appealing the concurrent entitlement. (Ord. 2008-0026 § 22, 2008: Ord. 82-0168 § 2 (part), 1982.)

22.56.2250 Expiration date for unused permits.

An approved oak tree permit which is not used within the time specified in the approval or, if no time is specified, within one year after the granting of such approval, becomes null and void and of no effect; except that, where an application requesting an extension is filed prior to such expiration date, the director may extend such time for a period of not to exceed one year. (Ord. 82-0168 § 2 (part), 1982.)

22.56.2260 Enforcement.

In interpreting the provisions of Section 22.04.090 as they apply to this Part 16, each individual tree cut, destroyed, removed, relocated or damaged in violation of these provisions shall be deemed a separate offense. (Ord. 82-0168 § 2(part), 1982.)

Part 17 COASTAL DEVELOPMENT PERMITS

22.56.2270 Established--Purpose.

The coastal development permit is established to ensure that any development, public or private, within the coastal zone conforms to the policies and programs of the county of Los Angeles local coastal program land use plans and implementation program in accordance with Division 20 of the Public Resources Code. As used in this Part 17, the word “commission” by itself refers to the county of Los Angeles Regional Planning Commission; references to the State of California Coastal Commission are indicated by the words “Coastal Commission.” (Ord. 89-0147 § 1 (part), 1989.)

22.56.2280 Permit required.

A. In addition to obtaining any other permits required by law, any person wishing to perform or undertake any development in the coastal zone, other than either a power facility subject to the provisions of Public Resources Code Section 25500, a development subject to the provisions of Public Resources Code Section 30519(b) or a development specifically exempted by this Part 17, shall obtain a coastal development permit.
B. A determination on whether a development is exempt or has been categorically excluded from the coastal development permit requirements shall be made by the director at the time an application is submitted for development within the coastal zone. Any dispute arising from the director’s determination shall be resolved pursuant to the procedure described in Section 22.56.2370.
C. The processing of a coastal development permit shall be subject to the provisions of Chapter 4.5 (Section 65920 et seq.) Division I, Title 7 of the Government Code. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2290 Exemptions and categorical exclusions.

A. Exemptions: The provisions of this Part 17 shall not apply to:
1. Additions to single-family residences consistent with the provisions of Section 13250, Title 14, California Code of Regulations.
2. Improvements to any structure other than a single family residence or public works facility consistent with the provisions of Section 13253, Title 14, California Code of Regulations.
3. Repair or maintenance activities that are consistent with the provisions of Section 13252, Title 14, California Code of Regulations.
4. The installation, testing and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to Division 20, the California Coastal Act, of the Public Resources Code; provided, however, that the director may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources. All repair, maintenance and utility hookups shall be consistent with the provisions adopted by the California Coastal Commission on September 5, 1978.
5. The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform to applicable existing zoning requirements; shall be for the same use as the destroyed structure, shall not exceed either the floor area, height or bulk of the destroyed structure by more than 10 percent; and shall be sited in the same location on the affected property as the destroyed structure.
6. Any activity anywhere in the coastal zone that involves the conversion of any existing multiple-unit residential structure to a time-share project, estate or use, as defined in Section 11003.5 of the California Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this division, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multiple-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate or use for the purposes of this subsection.
7. Maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.
B. Categorical Exclusions. (Reserved)
C. As used in this section, “disaster” means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owners; “bulk” means total interior cubic volume as measured from the exterior surface of the structure; and “structure” includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.
D. A determination on whether a development is exempt shall be made by the director at the time an application for development within the coastal zone is submitted. Any dispute arising from the director’s determination shall be resolved pursuant to the procedure described in Section 22.56.2370. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2300 Application--Filing.

Any person desiring a coastal development permit required or provided for in this Title 22 may file an application with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the hearing officer, Commission or board of supervisors on an application requesting the same or substantially the same permit. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2310 Application--Information required.

An application for a coastal development permit shall contain the following information, accuracy of which is the responsibility of the applicant:
A. Names and addresses of the applicant and of all persons owning any or all of the property proposed to be used.
B. Evidence that the applicant meets the following criteria:
1. Is the owner of the premises involved; or
2. Has written permission of the owner or owners to make such application; or
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof; or
4. In the case of a public agency, is negotiating to acquire a portion of the premises involved.
C. Location of the subject property by address and/or vicinity.
D. Legal description of the property involved.
E. Nature of the requested use, indicating the business, occupation or purpose for which such building, structure or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used.
F. Indication of the nature, condition and development of adjacent uses, buildings and structures.
G. A site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating the following:
1. The area and dimensions of the proposed site for the requested use.
2. The location and dimensions of all existing and proposed structures, yards, walls, fences, parking and loading facilities, landscaping and other development features.
3. The dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use.
4. Existing and/or proposed public access to and along the shoreline for projects proposed between the first through public road and the sea.
H. Architectural drawings showing the following:
1. Elevations of all sides of building(s).
2. Roof plan of proposed building(s).
3. Indication of colors and materials for all exterior surfaces.
I. Indication of other permits and approvals secured or to be secured in compliance with the provisions of Title 22 and other applicable ordinances and laws, including the California Environmental Quality Act.
J. Maps in the number prescribed, and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of such proposed use. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 700-foot radius.
K. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the parcel of land on which the development is proposed. In addition, the list shall include the names and addresses of persons residing within 100 feet of said parcel; if the names of the residents are not known, they shall be listed as “occupants”. One copy of the map described in subsection (J) of this section shall indicate where such ownerships and residents are located.
L. Proof satisfactory to the director that water for fire protection will be available in quantities and pressures required by the Water Ordinance, set out at Division 1 of Title 20 of this code, or by a variance granted pursuant to said Division 1. The director may accept as such proof a certificate from the person who is to supply water that water can be supplied as required by said Division 1 of Title 20, also stating the amount and pressure, which certificate also shall be signed by the forester and fire warden, or a certificate from the department of public works that such water will be available.
M. The director may waive the filing of one or more of the above items if he finds that the nature of the development is unrelated to the required item and may require additional information. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2320 Application--Burden of proof.

In addition to the information required in the application by Section 22.56.2310, the applicant shall substantiate to the satisfaction of the county the following facts:
A. That the proposed development is in conformity with the certified local coastal program; and, where applicable,
B. That any development, located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone, is in conformity with the public access and public recreation policies of Chapter 3 of Division 20 of the Public Resources Code. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2330 Application--Filing fee.

When an application for a coastal development permit is filed, it shall be accompanied by the filing fee as required in Section 22.60.100. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2340 Application--Denial for lack of information.

The hearing officer may deny, without a public hearing, an application for a coastal development permit if such application does not contain the information required by Sections 22.56.2310 and 22.56.2320 and any other pertinent sections. The hearing officer may accept the original file with the supplementary in information when refiled by the applicant. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2350 Application--Concurrent filing.

A coastal development permit shall be considered concurrently with the granting of any other tentative maps or permits required by Titles 21 or 22 of this code. A coastal development permit shall be considered subsequent to the granting of required tentative maps or other permits which were approved prior to the effective date of this section. Where a coastal development permit is being considered concurrently with other permits or maps that do not have a public hearing requirement, a public hearing for such concurrent cases shall be held if the coastal development permit is subject to Section 22.56.2380. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2360 Determination of jurisdiction.

A. A determination on whether a coastal development permit is in the county’s or Coastal Commission’s jurisdiction shall be made by the director at the time an application for a coastal development permit has been submitted. The county’s jurisdiction over coastal development permits does not include tidelands, submerged lands, public trust lands, certain ports, state university or state college lands as described in Section 30519 of the Public Resources Code. In making such determination the director may refer to the “Post-LCP Certification Permit and Appeals Jurisdictional Map” adopted by the Coastal Commission. A coastal development permit within the county’s jurisdiction shall be processed pursuant to the provisions of this Part 17 and applicable provisions of the Coastal Act. Any such permit not within the county’s jurisdiction shall be referred to the Coastal Commission for processing.
B. For a coastal development permit within the county’s jurisdiction, the director shall also determine if such permit is appealable to the Coastal Commission. In making this determination, the director shall use the criteria contained in Section 22.56.2450. The director may also use the “Post-LCP Certification Permit and Appeals Jurisdictional Map”.
C. Any dispute arising from the director’s determination of jurisdiction or appealability shall be resolved pursuant to the procedure described in Section 22.56.2370. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2370 Resolving determination disputes.

A. If the director’s determination made pursuant to Sections 22.56.2280, 22.56.2290 or 22.56.2360 is challenged by the applicant or interested person, or if the local government wishes to have a Coastal Commission determination as to the appropriate determination, the director shall notify the Coastal Commission by telephone of the dispute and shall request an opinion of the Coastal Commission’s Executive Director.
B. Processing of such coastal development permit shall be suspended pending a final determination by the Executive Director or Coastal Commission. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2380 Public hearings.

A. A coastal development permit which may be appealed to the Coastal Commission pursuant to Section 22.56.2450 shall have a public hearing before the hearing officer or regional planning commission.
B. A public hearing for a coastal development permit may be continued to another day pursuant to Section 22.60.178. If the public hearing is continued to a date uncertain, new notice of the continued public hearing shall be provided in accordance with Section 22.56.2400. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2390 Director’s action on non-appealable permits.

A coastal development permit which is not subject to appeal to the Coastal Commission shall be acted on by the director who shall cause notices to be sent in accordance with Section 22.56.2400. The director’s decision to approve or deny a permit shall be based on the findings contained in Section 22.56.2410. After the director’s decisions, notices shall be sent pursuant to Section 22.56.2430. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2400 Notice requirements.

A. The director shall provide notice by first class mail for a coastal development permit at least 20 calendar days prior to the public hearing or decision on the application to:
1. The applicant, property owners and residents whose names and addresses appear on the verified list of persons required to be submitted by Section 22.56.2310 and other pertinent sections;
2. The California Coastal Commission; and
3. Any person who has requested to be noticed of such permit.
B. The notice for a coastal development permit shall contain the following information:
1. A statement that the development is within the coastal zone;
2. The date of filing and name of the applicant;
3. The number assigned to the application;
4. The location and description of the development; and
5. In addition, a notice for a coastal development permit which requires a public hearing shall also contain the following:
a. The date, time and place of the public hearing,
b. A statement that written comments may be submitted to the director prior to the hearing and that oral comments may be made or written material may be submitted at the public hearing, and
c. A brief description of the procedures concerning the conduct of the hearing, the action likely to occur and that the notice will be given after the action, and
d. A description of the procedure for filing an appeal with the county and California Coastal Commission.
6. In addition, a notice for a coastal development permit which does not require a public hearing shall contain the following:
a. The date the director will make a decision on the application,
b. A statement that written or oral comments may be submitted to the director during the 20 day period between the time that the notice is mailed and the date of the director’s decision; this period would allow sufficient time for the submission of comments by mail prior to the director’s decision, and
c. A description of the procedure for filing an appeal with the county. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2410 Approval or denial findings.

A. An application for a coastal development permit shall be approved where the information submitted by the applicant, discovered during the staff investigation process and/or presented at a public hearing substantiates to the satisfaction of the county the following findings:
1. That the proposed development is in conformity with the certified local coastal program; and, where applicable,
2. That any development, located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone, is in conformity with the public access and public recreation policies of Chapter 3 of Division 20 or the Public Resources Code.
B. An application shall be denied where the information submitted by the applicant and/or presented at a public hearing fails to substantiate the above-mentioned findings to the satisfaction of the county. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2420 Condition of approval.

The county, in approving an application for a coastal development permit, may impose such conditions as are deemed necessary to insure that such use will be in accord with the findings required by Sections 22.56.2320 and 22.56.2410. The land owner and applicant shall record with the office of the Los Angeles County Recorder an affidavit accepting and agreeing to implement all conditions of permit approval. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2430 Notice of action and county appeal rights.

A. The director shall notify by first class mail the applicant, any person who specifically required notice of such action of the decision made on an application for a coastal development permit and any person who participated at the public hearing.
B. The notice shall contain the following information:
1. That a coastal development permit decided by the director with no public hearing may be appealed by filing an appeal with the secretary of the regional planning commission. The decision of the regional planning commission shall be based on the findings of Section 22.56.2410 and shall be final.
2. That a coastal development permit decided by the hearing officer or regional planning commission after a public hearing may be appealed or called for review by following the procedure contained in Part 5 of Chapter 22.60.
C. An appeal may be filed by any interested person dissatisfied with a decision on a coastal development permit within:
1. Fourteen calendar days following the date on the notice of action for a coastal development permit that is not appealable to the Coastal Commission;
2. Ten business days from the date of receipt by the executive director of the Coastal Commission of the notice of the county’s final action for a coastal development permit that is appealable to the Coastal Commission. (Ord. 2008-0026 § 23, 2008; Ord. 89-0147 § 1 (part), 1989.)

22.56.2440 Notice of final decision.

Within seven calendar days of a final decision on a coastal development permit, the director shall provide notice of such decision by first class mail to the applicant, the Coastal Commission and to any persons who specifically requested notice of such decision by submitted an self-addressed stamped envelope to the planning department. A decision shall be considered final when all local appeals have been exhausted and the effective dates contained in Section 22.60.260 and Section 22.56.2490 have been reached. Such notice shall include written findings, conditions of approval and the procedures for appeal of the decision, if applicable pursuant to Section 22.56.2450, to the Coastal Commission. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2450 Appeals to the Coastal Commission.

A. A coastal development permit may be appealed to the California Coastal Commission for only the following types of development:
1. Approvals of developments which are located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance. The appeal jurisdiction described in Section 30603 of the Public Resources Code is shown on the “Post-LCP Certification Permit and Appeals Jurisdiction Map”;
2. Approvals of developments not included within subsection (A)(1) of this section that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of any coastal bluff. The appeal jurisdiction described in Section 30603 of the Public Resources Code is shown on the “Post-LCP Certification Permit and Appeals Jurisdiction Map”;
3. Approvals of developments that are not designated as principal permitted uses in this Title 22; and
4. Any development which constitutes a major public works project or a major energy facility. The phrase “major public works project or a major energy facility” shall mean facilities that cost more than $100,000. An energy facility means any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other source of energy.
B. The grounds for an appeal of a development described in subsection (A)(1) shall be limited to one or more of the following allegations:
1. The development fails to provide adequate physical access or public or private commercial use or interferes with such uses.
2. The development fails to protect public views from any public road or from a recreational area to and along the coast.
3. The development is not compatible with the established physical scale of the area.
4. The development may significantly alter existing natural landforms.
5. The development does not comply with shoreline erosion and geologic setback requirements.
C. The grounds for an appeal of a development described in subsections (A)(2), (A)(3) or (A)(4) shall be limited to an allegation that the development does not conform to the certified local program.
D. An appeal of the county’s decision on a coastal development permit application may be filed by an applicant or any aggrieved person who exhausted local appeals or any two members of the Coastal Commission. The appeal must contain the following information:
1. The name and address of the permit applicant and appellant;
2. The date of the local government action;
3. A description of the development;
4. The name of the governing body having jurisdiction over the project area;
5. The names and addresses of al persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;
6. The names and address of all other persons known by the appellant to have an interest in the matter on appeal;
7. The specific grounds for appeal;
8. A statement of facts on which the appeal is based;
9. A summary of the significant questions raised by the appeal.
The filing of the notice of appeal should also contain information which the local government has specifically requested or required.
E. The appeal must be received in the Coastal Commission district office with jurisdiction over the local government on or before the tenth working day after receipt of the notice of the permit decision by the Executive Director.
F. The appellant shall notify the applicant, any persons known to be interested in the application and the local government of the filing of the appeal. Notification shall be by delivering a copy of the completed notice of appeal to the domicile, office or mailing address of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Commission. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2460 Effect of appeal to the Coastal Commission.

Upon receipt in the Coastal Commission office of a timely appeal by a qualified appellant, the Executive Director of the Coastal Commission shall notify the permit applicant and the county that the operation and effect of the development permit has been stayed pending Coastal Commission action on the appeal. Upon receipt of a notice of appeal the county shall refrain from issuing a development permit for the proposed development and shall within five working days, deliver to the Executive Director all relevant documents and materials used by the county in its consideration of the coastal development permit application. If the Coastal Commission fails to receive the documents and materials, they shall set the matter for hearing and the hearing shall be left open until all relevant materials are received. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2470 De novo review by the Coastal Commission.

Where the appellant has exhausted county appeals a de novo review of the project by the Coastal Commission shall occur only after the county decision has become final. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2480 Appeal by two Coastal Commissioners.

A. Where a coastal development permit is appealed by two Coastal Commissioners, such appeal shall be transmitted to the appropriate county appellate body, either the regional planning commission or board of supervisors, who shall follow the procedures of Part 5 of Chapter 22.60 and this Part 17. If the appellate body modifies or reverses the previous decision, the Coastal Commissioners shall file a new appeal from the decision if they are still dissatisfied. During the period of county appellate body review, the Coastal Commissioners’ appeal will be suspended from the Coastal Commission appeal process pursuant to Section 13573 of the California Coastal Commission administrative regulations.
B. Where review by all county appellate bodies has left the originally appealed action unchanged, the Coastal Commissioners’ appeal will be no longer suspended and the appeal may then be brought before the Coastal Commission. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2490 Effective date of permit.

A. A coastal development permit which is not appealable to the Coastal Commission shall have the following effective dates:
1. The decision of the director shall become effective on the 15th calendar day following the date on the notice of action taken, unless timely appealed to the commission pursuant to the provisions of Part 5 of Chapter 22.60.
2. The decision of the commission is final and shall become effective on the date of its decision.
B. A coastal development permit which is appealable to the Coastal Commission shall become effective at the close of business on the tenth business day following the date of receipt of the notice of the County’s final action on the permit by the Executive Director of the Coastal Commission, unless an appeal is filed prior to the effective date and time. If an appeal has been filed, the operation and effect of the coastal development permit shall be stayed pending Coastal Commission action on the appeal. The effective date of the Coastal Commission decision will be the date of decision by the Coastal Commission. (Ord. 2008-0026 § 24, 2008: Ord. 89-0147 § 1 (part), 1989.)

22.56.2500 Expiration of unused permits.

Unused coastal development permits shall expire based on the following schedule:
A. A permit which is not used within the time specified in such permit, or, if no time is specified, within two years after the granting of the permit, becomes null and void and of no effect with the exception of the following:
1. In all cases, the hearing officer may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. In the case of a non-profit corporation organized to provide low-income housing for the poor or elderly, the hearing officer may grant an additional one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension.
2. In the case of a coastal development permit heard concurrently with a land division, conditional use permit, variance or other permit authorized in this Title 22, the hearing officer shall specify time limits and extensions to be concurrent and consistent with those of the land division, variance or permits.
B. A coastal development permit shall be considered used, within the intent of this section, when construction or other development authorized by such permit has commenced that would be prohibited if no permit had been granted. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2510 Expiration following cessation of use.

A coastal development permit granted by action of the hearing officer, planning commission or board of supervisors shall automatically cease to be of any force and effect if the use for which such coastal development permit was granted has ceased or has been suspended for a consecutive period of two or more years. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2520 Continuing validity of permit.

A coastal development permit that is valid and in effect and was granted pursuant to the provisions of this chapter shall adhere to the land and continue to be valid upon change of ownership of the land or any existing building or structure on said land. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2530 Amendments to permits.

A. An amendment may be made to a coastal development permit previously approved by the county by filing a written application with the director. Such application shall contain a description of the proposed amendment, the reason for the amendment, together with maps, drawings or other material appropriate to the request. A filing fee as required by Section 22.60.100 shall accompany a request for an amendment.
B. An application for an amendment shall be rejected if, in the director’s opinion, the proposed amendment would lessen or void the effect of the permit unless the applicant presents newly discovered material information which could not, with reasonable diligence, have been discovered and produced before the permit was granted.
C. For those applications accepted, the director shall determine whether the proposed amendment represents an immaterial or material change to the permit.
1. For applications representing immaterial changes, the director shall prepare a written notice which contains the information required by subsection (B) of Section 22.56.2400, a description of the proposed amendment and a statement informing persons of the opportunity to submit written objection of the determination to the director within 10 days of the date the notices were posted at the subject property and mailed to interested persons. The director shall cause notices to be posted conspicuously along the exterior property line of the proposed development, not more than 300 feet apart and at each change of direction of the property line. The director shall also mail notices to all persons who testified at a public hearing on the permit or who submitted written testimony on the permit, and such other persons as the director has reason to know may be interested in the application. If no written objection is received by the director within 10 days of posting and mailing, the director’s determination shall be conclusive and the proposed amendment approved.
2. For applications representing material changes, applications which have objects to determinations of immateriality, or amendments to conditions affecting coastal resource protection or coastal access, the director shall refer such applications to the regional planning commission for a public hearing. The director shall mail notices in accordance with the procedures of Section 22.56.2400 to all persons who testified at the public hearing on the permit, who submitted written testimony on the permit, who objected to the director’s determination of immateriality, or such other persons as the director has reason to know may be interested in the application.
3. The regional planning commission, unless the proposed amendment has been found to be immaterial, shall determine and make appropriate findings by a majority vote of the membership present whether the proposed development with the proposed amendment is consistent with the California Coastal Act and the certified local coastal program. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2540 Revocation of coastal development permits.

In addition to the provisions pertaining to revocations contained in Part 13 of Chapter 22.56, the following shall apply to coastal development permits:
A. Grounds for revocation of a permit may also include:
1. Intentional inclusion of inaccurate, erroneous or incomplete information where the county finds that accurate and complete information would have caused additional or different conditions to be required on a permit or denial of an application:
2. Failure to comply with the notice provisions of Section 22.56.2400, where the views of the person not notified were not otherwise made known to the county and could have caused the county to require additional or different conditions on a permit or deny an application.
B. Initiation of proceedings to revoke a permit may be made by any person who did not have an opportunity to fully participate in the original permit proceeding because of the reasons stated in subsection A of this section and who applies to the director specifying the particular grounds for revocation. The director shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings. The director may initiate revocation proceedings when the grounds for revocation have been established.
C. Where the director determines that grounds exist for revocation of a permit, the operation of the permit shall be automatically suspended until the denial of the request for revocation. The director shall notify the permittee by mailing a copy of the request for revocation and a summary of the procedures contained in this section and in Part 13 of Chapter 22.56, to the address shown in the permit application. The director shall advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the California Coastal Act and subject to the penalties contained therein. (Ord. 89-0147 § 1 (part), 1989.)

22.56.2550 Enforcement.

In addition to the enforcement provisions contained in this Title 22, the provisions of Chapter 9 of Division 20 of the Public Resources Code shall also apply with respect to violations and enforcement. (Ord. 89-0147 § 1 (part), 1989.)

Part 18 HOUSING PERMITS

22.56.2600 Purpose.

The housing permit is established to facilitate the increased production of affordable housing and senior citizen housing through the implementation of the provisions of Part 17 of Chapter 22.52 relating to density bonuses and affordable housing incentives. The definitions contained in Section 22.52.1820 shall apply to this Part 18. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2610 Applicability.

Any person desiring to obtain a housing permit pursuant to this Part 18, that requires either an administrative review (administrative housing permit) or a discretionary review (discretionary housing permit), and that meets the applicable requirements of Part 17 of Chapter 22.52, shall file a written application with the director, accompanied by the applicable fee(s) as required herein. All qualified projects with housing set-asides shall adhere to the applicable requirements of this Part 18. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2620 General application requirements.

An applicant for a housing permit shall submit an application containing the following information:
A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used.
B. Evidence that the applicant is one of the following;
1. Is the owner of the premises involved;
2. Has written permission of the owner or owners to make such application;
3. In the case of an entity with eminent domain powers, is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof; or
4. In the case of a public agency, is negotiating to acquire a portion of the premises involved.
C. Location of the subject property (address or vicinity, and Assessor’s parcel number(s)).
D. Legal description of the property involved.
E. Nature of the requested use, indicating the purpose for which such building, structure or improvements is to be erected, constructed, altered, enlarged, moved, occupied, or used.
F. Nature, condition, and development of adjacent uses, buildings, and structures.
G. Project drawings to a scale satisfactory to and in the number of copies prescribed by the director, including;
1. A site plan indicating the area and dimensions of the proposed site for the requested use, fences, parking and loading facilities, landscaping, and other development features; and
2. Building elevations and floor plans.
H. Dimensions and state of improvement of the adjoining streets, highways, and alleys providing access to the proposed site of the requested use.
I. Indication of other permits and approvals secured for the subject property in compliance with the provisions of other applicable ordinances.
J. Proof satisfactory to the director that water will be available in quantities and pressures required by the Water Ordinance, set out at Division 1 of Title 20 of this code, or by a variance granted pursuant to said Division 1. The director may accept as such proof a certificate from the person who is to supply water that the person can supply water as required by said Division 1 of Title 20, also stating the amount and pressure, which certificate also shall be signed by the forester and fire warden, or a certificate from the county engineer that such water will be available.
K. Supplemental forms, as may be required, including the following information:
1. Project summary, which includes location, number, and type of dwelling units, including housing set-aside units, and the number of bedrooms in each unit; and
2. Total number of dwelling units proposed (before application of a density bonus);
3. Amount of the density bonus (expressed as both a percentage of the total number of dwelling units proposed and as a whole number of additional units) and/or the types of incentives requested; and
4. Grand total number of dwelling units, including bonus units after application of a density bonus.
L. Photographs of the entire site and surrounding properties.
M. Additional application materials, as applicable, pursuant to Sections 22.56.2690 and 22.56.2800. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2630 Covenant and agreement.

A covenant and agreement, or other similar mechanism, acceptable to the CDC, shall be recorded with the county recorder to ensure the continuing availability of housing set-aside units and child care facilities, as applicable, for the use restriction periods specified in Part 17 of Chapter 22.52. The agreement shall contain remedies for violations of the covenant, including, but not limited to, monetary penalties. The covenant and agreement shall be recorded with the county recorder prior to the issuance of a certificate of occupancy by the Department of Public Works (“DPW”).
A. The covenant and agreement shall include the following:
1. A description of the total number of units, including the housing set-aside;
2. A description of the household income group(s) to be accommodated by the qualified project;
3. The location, sizes (sq. ft.), and number of bedrooms of the housing set-aside units, and market-rate units, if applicable;
4. A description of remedies, including monetary penalties, for breach of the agreement;
5. Rental housing developments. When housing set-asides are rental units, the covenant and agreement shall also include the following:
a. The rules and procedures for qualifying tenants, filling vacancies, and maintaining housing set-asides, and where applicable, establishing affordable rents; and
b. Provisions requiring owners to comply with monitoring procedures, as described in Section 22.56.2640;
6. For-sale developments. When housing set-asides are for-sale units, the covenant and agreement shall also include the following:
a. The rules and procedures for qualifying buyers, and where applicable, establishing affordable housing costs and affordable sales prices;
b. Provisions restricting the housing set-aside units to be owner-occupied;
c. Provisions requiring owners to comply with monitoring procedures, as described in Section 22.56.2640;
d. For very low, lower, and moderate (single-family) income housing set-asides, provisions restricting the sale and resale of the housing set-aside units to eligible buyers during the applicable term of affordability, using a resale formula, as determined by the executive director of the CDC, to determine the resale price; and
e. For moderate income housing set-asides (common interest development), provisions restricting the initial sale to eligible buyers, and requiring entering into an equity-sharing agreement with the county that states the following terms:
i. Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation. The county shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of section 33334.2 of the Health and Safety Code.
ii. The county’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
iii. The county’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale; and
7. Child care facilities. When the qualified project includes a child care facility, the covenant and agreement shall also include the following:
a. The rules and procedures for qualifying children, filling vacancies, and maintaining a percentage of use by qualified households;
b. The minimum amount of time in which a child care facility must remain in operation; and
c. The minimum required percentage of children of very low, lower, or moderate income households who attend the child care facility.
B. Release of the covenant and agreement. Under certain circumstances, and after consultation with the executive director of the CDC, the covenant and agreement may be terminated by the director of planning after making written findings as to the need for releasing the covenant and/or agreement. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2640 Monitoring.

The monitoring of affordable housing set-aside units shall be administered by the CDC. The CDC shall be responsible for verifying income eligibility, monitoring sales of affordable housing set-aside units to qualified buyers, conducting periodic site inspections and administering the annual registration/certification of affordable housing set-aside units approved pursuant to this Part 18 for the duration of the required term as specified in Section 22.52.1830.
A. Registration/certification. Property owners shall register their affordable housing set-aside units with the CDC according to the following schedule:
1. Rental units. Prior to the granting of a certificate of occupancy by DPW for any unit in the qualified project, the owner shall register each affordable set-aside unit and certify annually with the CDC thereafter, on or before January 1 of each year, that affordable housing set-aside unit(s) remain in conformance with the terms of the housing permit.
2. For-sale units.
a. For very low, lower, and moderate (single-family) income housing set-asides, prior to the granting of a certificate of occupancy by DPW for any unit in the qualified project, the owner shall register each affordable housing set-aside unit, at the time of sale and certify annually with the CDC thereafter, on or before January 1 of each year, that the affordable housing set-aside unit(s) remain in conformance with the terms of the housing permit.
b. For moderate income housing set-asides (common interest development), prior to the granting of a certificate of occupancy by DPW for any unit in the qualified project, the owner shall register each affordable housing set-aside unit, at the time of sale and certify annually with the CDC thereafter, on or before January 1 of each year, that the affordable housing set-aside unit(s) remain in conformance with the terms of the housing permit.
B. Fees. In addition to the applicable review fee(s), as described in Section 22.60.100, the applicant for a housing permit that is granted approval by the county shall be required to deposit monitoring/inspection fees with the CDC at the time that the housing permit is accepted by the applicant and before a certificate of occupancy is issued by DPW for any unit in the qualified project. The monitoring/inspection deposits shall be $125 per affordable housing set-aside unit per year, and the applicant shall provide the total cumulative amount for the term of the grant, to be deposited into a trust fund from which actual costs are deducted by the CDC to defray the ongoing monitoring costs. On or before April 1 of each year, the CDC shall provide an annual report to the director of planning that describes the following:
1. The location and status of each affordable housing set-aside unit approved in accordance with Part 17 of Chapter 22.52 and Part 18 of Chapter 22.56; and
2. The results of the registration/certification of each affordable housing set-aside unit and a notification to the director of any necessary zoning enforcement action to maintain the housing set-aside units consistent with Part 17 of Chapter 22.52.
C. Enforcement and noncompliance. In the event of noncompliance, the owner of the housing set-aside units shall be subject to the enforcement procedures described in Part 6 of Chapter 22.60. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2650 All zone and district regulations apply unless permit is granted.

Unless specifically modified by a housing permit, all regulations prescribed in the zone or the community standards district in which such housing permit is granted shall apply. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2660 Development standards prescribed by permit.

In granting a housing permit, the director or commission shall prescribe the height limit, stories, yards, maximum lot coverage, gross structural area, parking, and other development standards for the use approved. Where the director or commission fails to specify said height limit, stories, yards, maximum lot coverage, gross structural area, density, parking, or other development standards, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2670 Continuing validity of housing permits.

A housing permit that is valid and in effect, and was granted pursuant to the provisions of this Title 22, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2680 Housing permit does not legalize nuisances.

Neither the provisions of this Part 18 nor the granting of any permit provided for in this Part 18 authorizes or legalizes the maintenance of any public or private nuisance. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2690 Application—Administrative review.

An administrative housing permit is subject to a ministerial review that does not require a public hearing. In addition to the general application requirements described in Section 22.56.2620, an application for an administrative housing permit shall contain the following information, as applicable:
A. A real estate development pro forma, or other financial information satisfactory to the director or commission, as applicable.
B. Environmental documentation, including:
1. Information that the proposed project has no specific, adverse impact upon health, safety, or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; and
2. Information that the proposed project has no adverse impact on any real property that is listed in the California Register of Historical Resources.
C. On-menu incentives. An applicant that requests an on-menu incentive in accordance with Table C of Section 22.52.1840 (B), shall also provide a statement that confirms that the proposed project is not in or on any of the following:
1. A Very High Fire Hazard Severity Zone as defined in Section 223-V of Title 32 of the county code;
2. An area that is not served by a public sewer system;
3. An area that is not served by a public water system;
4. A significant ecological area as defined in Section 22.08.190;
5. An environmentally sensitive habitat area, as shown on the sensitive environmental resources map of the Malibu Land Use Plan; and
6. On land having a natural slope of 25 percent or more.
D. Off-menu incentives. An applicant that requests an off-menu incentive, in accordance with Section 22.52.1840(C) or (D)(2), shall also provide the following:
1. Maps in the number prescribed, and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys, and the location and dimensions of all lots or parcels of land adjacent to the exterior boundaries of the subject parcel of land. One copy of said map shall indicate the uses established on every lot and parcel of land adjacent to the exterior boundaries of the subject parcel of land;
2. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county as owners of the subject parcel of land and as owning property adjacent to the exterior boundaries of the parcel of land to be occupied by the use. One copy of said map shall indicate where such ownerships are located;
3. A list of names and addresses of the local town council, and/or similar local community association(s) as applicable;
4. The director may waive the filing of one or more of the above items; and
5. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2700 Commission review where concurrent—Administrative review.

When an application is filed for a permit, variance, or other discretionary land use entitlement concurrently with an application for an administrative housing permit as provided by this title, the commission may consider and approve such application for an administrative housing permit concurrently with such permit, variance, or other discretionary land use entitlement. The commission shall make the required findings for each entitlement as if separately filed. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2710 Fee and deposit—Administrative review.

A. Fees. When an application for an administrative housing permit is filed, it shall be accompanied by the filing fee required by Section 22.60.100(A) for either of the following:
1. Housing Permit, Administrative; and
2. Housing Permit, Administrative, with Off-Menu Incentives;
B. In addition, the director shall refer an administrative housing permit application to the CDC for review, pursuant to this Part 18, and the applicant shall pay directly to the CDC the housing permit evaluation fees, as required in Section 22.60.100(B). (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2720 Denial for lack of information—Administrative review.

The director may deny an application for an administrative housing permit if such application does not contain the information required by Sections 22.56.2620 and 22.56.2690, as applicable. The director may permit the applicant to amend such application to provide the missing information. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2730 Findings and determination—Administrative review.

An application for an administrative housing permit that meets all the requirements for qualified projects shall be approved unless the director makes one or more of the following findings, as applicable:
A. When an incentive is requested:
1. That the incentive is not required in order to provide for affordable housing costs or affordable rents, or
2. That the incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, lower, or moderate income households.
B. When an additional density bonus or incentive for the provision of a childcare facility is requested:
1. That the additional density bonus or incentive for a child care facility does not significantly contribute to the economic feasibility of the construction of the child care facility;
2. That the additional incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, lower or moderate income households; or
3. That the community has adequate child care facilities. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2740 Notification—Administrative review.

A. The director shall notify the applicant of the action taken on the application, by first class mail, postage prepaid, or other means deemed appropriate by the director. Such notification may also be hand-delivered to the applicant when appropriate.
B. Off-menu incentives. Where applicable, when an applicant requests an off-menu incentive, the director shall also notify the commission, adjacent property owners, and the local town council, or similar local community association(s), of the action taken on the application, by first class mail, postage prepaid, or other means deemed appropriate by the director. The notice shall specify that the project is subject to an administrative housing permit and that the incentives are not subject to a discretionary review. The notice shall also specify that the bases for which an appeal can be filed by the applicant or any interested person or the matter called up for review by the commission are limited to the criteria contained in Section 22.56.2730 and that the permissible grounds upon which the commission may act in such appeal or call for review as described in Section 22.56.2760 are also limited to such criteria. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2750 Effective date--Administrative review.

Notwithstanding the provisions of Section 22.60.260, the following effective dates apply to administrative housing permits:
A. Unless otherwise stated, the decision of the director shall become effective on the 15th calendar day following the date of the decision.
B. Off-menu incentives. Where applicable, when an applicant requests an off-menu incentive, the decision of the director shall become effective on the 21st calendar day following the date of the decision, unless appealed by the applicant or any interested person or called up for review by the commission prior to that date. (Ord. 2008-0026 § 25, 2008: Ord. 2006-0063 § 25 (part), 2006.)

22.56.2760 Appeals--Administrative review.

A. Off-menu incentives.
1. When an off-menu incentive is requested, an appeal to the commission may be made by any interested person dissatisfied with the action taken by the director on an administrative housing permit, and/or the project may be called up for review by the commission. Such appeal shall be filed with the commission, or be called up for review by the commission, within 20 calendar days following the date of the decision. The appeal shall be accompanied by the fee required by Section 22.60.230. Appeals that do not address the findings and determinations made by the director, as described in Section 22.56.2730, shall not be accepted.
2. Notice of appeal. A notice of appeal shall be sent to the commission, adjacent property owners, local town council, and/or similar local community association(s). In the event that the matter is called up for review by the commission, a notice of call for review shall be sent to the local town council, and/or similar local community association(s).
B. Decision. The commission shall review the record of the decision and shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the commission shall state the specific reasons for modification or reversal. In rendering its decision, the commission shall not consider any argument or evidence of any kind other than the record of the matter received from the director or appellants, which shall solely be based on the findings and determination of the director, as described in Section 22.56.2730. The decision of the commission shall be final.
C. Time limit for decision and notice. Decisions on appeals or calls for review shall be rendered within 90 days of the end of the appeal period. The secretary of the commission shall mail notice of the decision within five working days after the date of the decision to the applicant and other persons required to be notified pursuant to Section 22.56.2740.
D. Failure to act. If the commission fails to act upon an appeal or call for review within the time limits prescribed in this Section, the applicant’s project shall be deemed approved, except that the applicant, at their sole discretion, may elect to waive the time limit in order to obtain a written decision by the commission. (Ord. 2008-0026 § 26, 2008; Ord. 2006-0063 § 25 (part), 2006.)

22.56.2770 Effective date when an appeal is filed—Administrative review.

Where an appeal is filed for an administrative housing permit, the date of decision by the commission on such appeal shall be deemed the date of grant in determining any applicable expiration date for the permit. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2780 Time expiration—Administrative review.

An administrative housing permit that is not used within two years after the granting of the permit, becomes null, void, and of no effect, except that the director may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. The director may grant an additional (second) one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2790 Requirements imposed by the director—Administrative review.

A. The director, in approving an application for an administrative housing permit, shall require the applicant to enter into and record a covenant and agreement, as described in Section 22.56.2630, with the county to ensure the affordability and/or age restrictions, and where applicable, require a monitoring fee pursuant to Section 22.56.2640.
B. The administrative housing permit will not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed at the planning department their affidavit stating that they are aware of, and agree to accept, all of the requirements of the permit. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2800 Application—Discretionary review.

As described in this section, a discretionary housing permit is subject to a discretionary review and requires a public hearing before the commission.
A. In addition to the general application requirements described in Section 22.56.2620, an application for a discretionary housing permit shall contain the following information:
1. Maps in the number prescribed, and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys, and the location and dimensions of all lots or parcels of land within a distance of 500 feet from the exterior boundaries of the subject parcel of land;
2. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 500 foot radius;
3. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county as owners of the subject parcel of land and as owning property within a distance of 500 feet from the exterior boundaries of the parcel of land to be occupied by the use. One copy of said map shall indicate where such ownerships are located;
4. Such other information as the director may require;
5. The director may waive the filing of one or more of the above items; and
6. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2810 Fee and deposit—Discretionary review.

A. Fees. When an application for a discretionary housing permit is filed, it shall be accompanied by the filing fee required by Section 22.60.100(A) for the following:
1. Housing Permit, Discretionary. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2820 Burden of proof—Discretionary review.

A. In addition to providing the information required in the application by Section 22.56.2800 and meeting the requirements for qualified projects, an applicant for a discretionary housing permit shall substantiate to the satisfaction of the commission the following facts:
1. That the requested use at the location will not:
a. Adversely affect the health, peace, comfort, or welfare or persons residing or working in the surrounding area;
b. Be detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; or
c. Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.
2. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area.
3. That the proposed site is adequately served:
a. By highways or streets of sufficient width, and improved as necessary to carry the kind and quantity of traffic such use would generate; and
b. By other public or private service facilities as are required.
4. That the proposed project at the location proposed has been designed to be complimentary to the surrounding area in terms of land use patterns and design.
5. That the proposed project will assist in satisfying housing needs, and is viable in terms of continuing availability to meet such housing needs.
B. Waivers or modifications to development standards. An applicant that requests waivers or modifications to development standards, in accordance with Section 22.52.1860, shall also substantiate to the satisfaction of the commission that any requests for waivers or modifications to development standards are necessary to make the housing units economically feasible. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2830 Denial for lack of information—Discretionary review.

The director may deny, without a public hearing, an application for a discretionary housing permit if such application does not contain the information required by Sections 22.56.2620 and 22.56.2800. The director may permit the applicant to amend such application to provide the missing information. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2840 Public hearing and notice required--Discretionary review.

In all cases where an application for a discretionary housing permit is filed, the public hearing shall be held pursuant to the procedure provided in Part 4 of Chapter 22.60. (Ord. 2008-0043 § 13, 2008: Ord. 2006-0063 § 25 (part), 2006.)

22.56.2850 Findings and determination—Discretionary review.

A. The commission shall approve an application for a discretionary housing permit, in accordance with this section, where the information submitted by the applicant and/or presented at the public hearing substantiates the following findings:
1. That the proposed use will be consistent with the adopted general plan for the area.
2. That the proposed use meets the burden of proof as described in Section 22.56.2820.
B. Waivers or modifications of development standards. The commission shall approve a request for waiver or modifications of development standards, in accordance with this section, where the information submitted by the applicant and/or presented at the public hearing substantiates the finding that any requests for waivers or modifications of development standards do not have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
C. The commission shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to substantiate such findings to the satisfaction of the commission. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2860 Effective date—Discretionary review.

Notwithstanding the provisions of Section 22.60.260, in all cases where an application for a discretionary housing permit is filed, the decision of the commission shall become effective 15 days after the receipt of the notice of decision by the applicant, unless appealed to or called up for review by the Board of Supervisors prior to that date. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2870 Additional conditions imposed when—Discretionary review.

A. The commission, in approving an application for a discretionary housing permit, may impose such conditions as it deems necessary to ensure that such use will be in accord with the findings required by Section 22.56.2850.
1. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation, and maintenance of the requested use.
2. The commission, in approving an application for a discretionary housing permit, shall condition the applicant to enter into and record a covenant and agreement with the county, as described in Section 22.56.2630, to ensure the affordability and/or age restrictions of the housing set-asides, and where applicable, require a monitoring fee pursuant to Section 22.56.2640.
B. The commission may also approve the requested discretionary housing permit contingent upon compliance with applicable provisions of other ordinances.
C. The discretionary housing permit will not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed with the director their affidavit stating that they are aware of, and agree to accept, all of the conditions of the discretionary housing permit. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2880 Appeals—Discretionary review.

A. An appeal may be made by any interested person dissatisfied with the action taken by the commission, as described in Part 5 of Chapter 22.60.
B. Waivers or modification of development standards. Reasons for which appeals for waivers or modifications of development standards are based shall be in accordance with Section 22.56.2850. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2890 Effective date when an appeal is filed—Discretionary review.

Where an appeal is filed for any discretionary housing permit, the date of decision by the board of supervisors on such appeal shall be deemed the date of grant in determining any applicable expiration date for the permit. (Ord. 2006-0063 § 25 (part), 2006.)

22.56.2900 Time expiration—Discretionary review.

A discretionary housing permit that is not used within two years after the granting of the permit, becomes null, void, and of no effect, except that the director may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. The director may grant an additional (second) one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension. (Ord. 2006-0063 § 25 (part), 2006.)

 

 

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