General Plan

Sections:

25.010          Intent.

25.020          Establishment of district.

25.030          Uses permitted.

25.040          Uses permitted subject to Director Review.

25.050          Uses permitted subject to Use Permit.

25.060          District requirements

25.070          Additional requirements.

25.010     Intent.

The Transient Rental Overlay District (TROD) is intended to provide additional tourism-based economic opportunities and homeowner economic stability by allowing a transient rental district to be overlaid on properties within residential neighborhoods exhibiting support for allowing transient rentals. The land use designation followed by the letters TR (e.g., SFR-TR) would indicate a Transient Rental Overlay District (TROD).

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25.020     Establishment of district.

The transient rental district may be overlaid on any residential neighborhood, parcel, or group of parcels meeting the requirements of 25.060, and having land use designation(s) of SFR, ER, RR, MFR-L or RMH. In addition to the requirements of this chapter, initiation and application of a TROD shall be processed in the same manner as any land use redesignation (see Ch. 48, Amendments).

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25.030     Uses permitted.

The following uses shall be permitted in the TROD, plus such other uses as the Commission finds to be similar and not more obnoxious or detrimental to the public safety, health and welfare:

1. All uses permitted in the underlying land use designation.
2. Where the principal use of the subject parcel(s) is single-family or multifamily residential the residence or any accessory dwelling unit on the parcel(s), may be rented on a transient basis subject to the requirements of 25.070.

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25.040     Uses permitted subject to Director Review.

All uses permitted subject to Director Review in the underlying land use designation with which the TROD is combined shall be permitted, subject to Director Review approval.

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25.050     Uses permitted subject to Use Permit.

All uses permitted subject to use permit in the underlying land use designation with which the TROD is combined shall be permitted, subject to securing a use permit.

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25.060     District requirements.

1. Overlay district area and overlay district formation noticing process:

A TROD may be applied to one or more existing legal parcels, provided that at least one parcel within the district is developed with a single-family or multifamily residence.

Applicants are strongly encouraged to propose districts made up from three or more parcels and to communicate with all adjacent property owners before submitting an application.

Applications for transient overlay districts consisting of one or two parcels or at the discretion of the planning director if greater than two parcels will require an overlay district formation noticing process prior to public hearing. Notice shall be provided to all property owners adjacent to the proposed transient overlay district and include a 20-day period for noticed property owners to request inclusion in the district.                                     

2. Overlay District shape:

New TRODs consisting of more than one parcel and district additions shall be contiguous, compact and orderly in shape as determined by the Planning Commission. Factors used to determine compact and orderly district shape include but are not limited to:

1. Street-frontage sharing;
2. Adjoining yards; and
3. Existing neighborhood separation characteristics such as

1. Subdivision boundaries
2. Major roads
3. Natural features
4. Large undeveloped parcels
5. Commercial or civic land use

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25.070     Additional requirements.

Any person or entity that leases, rents, or otherwise makes available for compensation, a single-family or multifamily residence located within a TROD designated by this chapter, for a period fewer than 30 days, must first obtain a vacation home rental permit and comply with all applicable requirements of that permit, as set forth in Chapter 26, Transient Rental Standards and Enforcement.

Parcels located within conditional development zones (avalanche) shall not be allowed transient rentals during the avalanche season, November 1 through April 15.

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Sections:

31.010          Director Review permit.

31.020          Director Review permit with notice.

31.030          Findings.

31.040          Director action.

31.050          Notice of decision.

31.060          Effect of decision.

31.070          Termination.

31.080          Extensions.

31.090          Revocation.

31.010     Director Review permit.

This procedure allows the Director to issue a permit for planning projects without the delay and expense of a public hearing as long as the project is exempt from CEQA, and is not controversial or environmentally sensitive.

When reviewing a request for Director Review, the Director may require that the applicant submit in such form and type as the Director may specify, additional information as may be deemed relevant to the application.

If the Director determines during the application review that the project is controversial, is environmentally sensitive, or is not Categorically Exempt from CEQA, then a use permit shall be required per Chapter 32.

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31.020     Director Review permit with notice.

Unless the matter has been referred to the Planning Commission per the provisions of 31.010, it shall be the responsibility of the Director to determine if the application warrants notice to contiguous property owners (see Noticing Requirements, Chapter 46). Notice shall be given when the application may have an impact upon contiguous property owners and/or public agencies.

The notice shall be given after filing of application and after determination by the Director that the information submitted by the applicant is sufficient to consider the matter. The notice shall include a brief description of the project and specify the duration of the comment and response period.

The notice shall be designed to ensure that affected parties, including the Planning Commission, are aware of the pending application and are given a chance to comment prior to the Director’s rendering a decision. Such notice shall also state the procedure to obtain a copy of the Director's decision.

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31.030     Findings.

In order to issue a Director Review permit, the Director must find that all of the following are true:

1. All applicable provisions of Land Use Designations and Land Development Regulations are complied with, and the site of the proposed use is adequate in size and shape to accommodate the use and to accommodate all yards, walls and fences, parking, loading, landscaping and other required features;
2. The site for the proposed use relates to streets and highways adequate in width and type to carry the quantity and kind of traffic generated by the proposed use;
3. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located;
4. The proposed use is consistent with the map and text of this General Plan and any applicable area plan;
5. That the improvements as indicated on the development plan are consistent with all adopted standards and policies as set forth in the Land Development Regulations, this General Plan and any applicable area plan; and
6. That the project is exempt from CEQA.

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31.040     Director action.

The Director, based upon available information, shall in writing, grant, grant in modified form, or deny the requested use, or determine that a use permit will be required.

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31.050     Notice of decision.

The Director shall give written notice of the decision to the applicant and engineer, Planning Commission and any other person, so requesting in writing, a copy of the notice of decision. The notice of decision shall set forth the procedure for filing appeals, specify any conditions of the permit, and include a summary of the Director's findings.

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31.060     Effect of decision.

The Director Review permit shall become effective 15 days following the issuance of the Director's decision. During the 15-day period, an appeal may be filed in accordance with Chapter 47. If an appeal is filed, the permit will not be issued until the appeal is considered and a decision is rendered by the Planning Commission.

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31.070     Termination.

A Director Review shall terminate and all rights granted therein shall lapse, and the property affected thereby shall be subject to all the provisions and regulations applicable to the land use designation in which such property is classified at the time of such abandonment, when any of the following occur:

1. There is a failure to commence the exercise of such rights, as determined by the Director, within two years from the date of approval thereof or as specified in the conditions. Exercise of rights shall mean substantial construction or physical alteration of property in reliance with the terms of the Director Review;
2. There is discontinuance for a continuous period of one year, as determined by the Director, of the exercise of the rights granted; or
3. No extension is granted as provided in Section 31.080.

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31.080     Extensions.

If there is a failure to exercise the rights of the Director Review within two years (or as specified in the conditions) of the date of approval, the applicant may apply for an extension for an additional one year. Any request for extension shall be filed at least 60 days prior to the date of expiration and shall be accompanied by the appropriate fee. Upon receipt of the request for extension, the Planning Division shall review the application to determine the extent of review necessary. Conditions of approval for the Director Review may be modified or expanded, including revision of the proposal, if deemed necessary. The Planning Division may also deny the request for extension. Exception to this provision is permitted for those Director Reviews approved concurrently with a tentative parcel or tract map; in those cases the approval period(s) shall be the same as for the tentative map.

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31.090     Revocation.

The Commission may revoke the rights granted by a Director Review and the property affected thereby shall be subject to all of the provisions and regulations of the Land Use Designations and Land Development Regulations applicable as of the effective date of revocation. Such revocation shall include the failure to comply with any condition contained in the Director Review or the violation by the owner or tenant of any provision pertaining to the premises for which such Director Review was granted. Before revocation of any permit, the Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least 10 days in advance of such hearing. The decision of the Commission may be appealed to the Board of Supervisors in accordance with Chapter 47, Appeals, and shall be accompanied by an appropriate filing fee.

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Sections:

33.010          Required findings.

33.020          Application.

33.030          Hearing.

33.040          Action.

33.050          Notice of decision.

33.060          Termination.

33.070          Extensions.

33.080          Revocation.

33.010     Required findings.

A variance from the provisions of the land use designations or land development regulations shall be granted only when all of the following findings can be made:

1. Because of special circumstances (other than monetary hardship) applicable to the property, including its size, shape, topography, location or surroundings, the strict application of the provision of the land use designations or land development regulations deprives such property of privileges (not including the privilege of maintaining a nonconforming use or status) enjoyed by other property in the vicinity and in an identical land use designation; and,
2. The grant of variance will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and in the land use designation in which the property is situated; and,
3. The grant of variance will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is situated; and,
4. The grant of variance will not be in conflict with established map and text of the general and specific plans and policies of the County.

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33.020     Application.

Application for a variance shall be made to the Planning Division and shall be accompanied by the general application form, environmental documents, plans and elevations necessary to show details of the proposed use and/or structure; and shall be accompanied by a fee, no part of which shall be returnable to the applicant. Fees shall not be required for public buildings and uses (see Definition 02.940).

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33.030     Hearing.

A public hearing shall be held after filing of application and after determination by the Community Development director that the information submitted by the applicant is sufficient to consider the matter. After making such determination, the Director shall give notice of the time, place and subject matter of a public hearing at least 10 days prior to the date set therefor, as provided in Chapter 46, Noticing Requirements. Errors in the giving of notice or the failure of any person to receive notice shall not invalidate the proceeding.

Any hearing may be continued by a majority of the members of the Commission present or, in the absence of a quorum, shall be continued by the secretary to a time and place certain, which shall be publicly announced, and no further notice shall be required except as may be required by California Government Code Section 54955 and 54955.1.

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33.040     Action.

The action by the Commission on any application for a variance shall be in the manner prescribed below.

Upon close of the public hearing, the failure of the Commission to grant the variance shall constitute a denial and disapproval for the variance, unless action on the matter is continued to a later date. Refer to Chapter 47, Appeals, for specific procedures for appealing a denial. The Commission shall take action within one year or the application shall be deemed approved as per Chapter 4.5, Article 5, commencing with Section 65956, of the Government Code.

The Commission may designate such conditions in connection with the granting of the variance as it deems necessary to secure compliance with the purpose of the land use designations and the land development regulations, including street dedication, street and drainage improvements and such guarantees as it deems appropriate. Whenever performance of any condition or accomplishment of any development is required by the granting of the variance and the performance or accomplishment is to occur at or after a specified time, the Commission may require the record owner of the land involved to execute a covenant running with the land, in a form approved by the County Counsel, which shall contain the requirements imposed, and it shall be recorded in the office of the County Recorder. The Director shall issue and record releases from such covenants when they are no longer applicable to a property.

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33.050     Notice of decision.

The Director shall give notice of the decision of the Commission relating to variances. All such notices shall be mailed to the applicant and engineer and any other persons, so requesting in writing within 10 days after the decision is made. The notice shall set forth the procedure for filing appeals.

Variances shall not be issued until after 15 days have elapsed from the granting thereof, and if an appeal is filed as provided in Chapter 47, Appeals, such variance shall not be issued until the decision is made by the Board of Supervisors on such appeal.

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33.060     Termination.

A variance shall terminate and all rights granted therein shall lapse, and the property affected thereby shall be subject to all of the provisions and regulations applicable to the land use designation in which such property is classified at the time of such abandonment, when any of the following occur:

1. There is a failure to commence the exercise of such rights as determined by the Director within two years from the date of approval thereof or as specified in the conditions. If applicable, time shall be tolled during litigation. Exercise of rights shall mean substantial construction or physical alteration of property in reliance with the terms of the variance; or
2. There is discontinuance for a continuous period of two years, as determined by the Director, of the exercise of the rights granted; or
3. No extension is granted as provided in Section 33.070.

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33.070     Extensions.

If there is a failure to exercise the rights of the variance within two years (or as specified in the conditions) of the date of approval, the applicant may apply for an extension for an additional one year. Only one extension may be granted. Any request for extension shall be filed at least 60 days prior to the date of expiration and shall be accompanied by the appropriate fee. Upon receipt of the request for extension, the Planning Division shall review the application to determine the extent of review necessary and schedule it for public hearing. Conditions of approval for the variance may be modified or expanded, including revision of the proposal, if deemed necessary. The Planning Division may also recommend that the Commission deny the request for extension. Exception to this provision is permitted for those variances approved concurrently with a tentative parcel or tract map; in those cases the approval period(s) shall be the same as for the tentative map.

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33.080     Revocation.

The Commission may revoke the rights granted by a variance and the property affected thereby shall be subject to all of the provisions and regulations of land use designations and development requirements applicable as of the effective date of revocation. Such revocation shall include the failure to comply with any condition contained in the variance or the violation by the owner or tenant of any provision of this General Plan pertaining to the premises for which such variance was granted. Before the Commission shall consider revocation of any variance, the Commission shall hold a public hearing thereon after giving written notice thereof to the permittee at least 10 days in advance of such hearing. The decision of the Commission may be appealed to the Board of Supervisors in accordance with Section 47, Appeals, and shall be accompanied by the appropriate filing fee.

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Sections:

          35.010          Purpose and Intent.

          35.020          Definitions.

          35.030          Reclamation Plan Requirements.

          35.040          Amendments.

          35.050          Reclamation Standards.

          35.060          Vested Surface Mining Operations.

          35.070          Idle Mine Status.

          35.080          Annual Inspections.

          35.090          Administration.

          35.100          Surety Requirements.

          35.110          Enforcement.

35.010     Purpose and Intent.

It is the purpose of this chapter to provide standards and procedures for reclamation of resource development activities in Mono County. Specifically, it is the purpose of this chapter to implement the policies of this General Plan pertaining to reclamation of energy-related projects, mining projects, and other resource development activities and to fulfill the legislative mandate contained in the Surface Mining and Reclamation Act (SMARA) and the corresponding sections of the California Code of Regulations. It is the intent of the Board of Supervisors to provide for the reclamation of disturbed lands, and to eliminate hazards to public health, safety, and welfare.

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35.020     Definitions.

Definitions and applicable provisions contained in SMARA and in the corresponding sections of the California Code of Regulations are incorporated herein by reference. The following definitions are also applicable to the provisions of this chapter:

“Abandoned or Abandonment” means the cessation of resource development activities prior to completion of required reclamation or to cease resource development activities whether or not actual reclamation has commenced, or both. Mere non-use shall not in and of itself constitute abandonment; provided, however, non-use for more than 12 consecutive months without filing an interim management plan shall create a rebuttable presumption of intent to abandon. Regarding geothermal well abandonment, it is the discontinued, non-operative condition of a well as determined and defined by the California Division of Oil and Gas on non-federal lands and by the Bureau of Land Management on federal lands.

“Expansion of resource development activities” means any substantial increase in the size or scope of a resource development activity. Expansion includes, without limitation, any resource development activities beyond the boundaries defined in an approved reclamation plan.

"Idle" means to curtail for a period of one year or more, surface mining operations by more than 90% of the operation's previous maximum annual mineral production, with the written intent to resume those surface mining operations at a future date.

"Mined lands" means the surface, subsurface, and groundwater of an area in which resource development activities will be, are being, or have been conducted, including those private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property that result from, or are used in, resource development activities are situated.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

"Operator" means any person who is engaged in resource development activities himself, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface resource development activities as an employee, with wages as his sole compensation.

"Reclamation" means the combined processes of land treatment that minimize water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from resource development activities, including surface effects incidental to underground mines, so that disturbed lands are reclaimed to a usable condition that is readily adaptable for alternate land uses and creates no danger to public health and safety. The process may extend to affected lands surrounding disturbed lands, and may require grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

"Reclamation Plan" means the plan approved by the County for reclaiming the lands disturbed by resource development or exploration activities.

"Resource Development Activities" means projects that propose to utilize or develop natural resources. Resource development activities include, but are not limited to, the following: a) geothermal exploration and development projects; b) surface mining operations; c) hydroelectric, wind or solar power facilities; d) oil and gas exploration and development projects; and e) timber production.

"SMARA" means the Surface Mining and Reclamation Act of 1975 as amended (Section 2710 et seq. of the Public Resources Code) and the corresponding sections of the California Code of Regulations, Title 14.

"State Geologist" means the individual holding that office created by Sec. 667, Article 3, Chapter 2 of Division 1 of the Public Resources Code, or his designee.

"Surface Mining Operations": All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface operations shall include, but are not limited to:

1. In-place distillation or retorting or leaching;
2. The production and disposal of mining waste; and
3. Prospecting and exploratory activities.

In addition, borrow pitting, stream bed skimming, segregation and stockpiling of mined materials (and recovery of same) are also deemed to be surface mining operations unless specifically excluded in conformance to other regulatory provisions.

"Vested Surface Mining Operation" means a person shall be deemed to have obtained "vested" rights when sufficient documentation has been submitted to the Community Development director and County Counsel to indicate that prior to January 1, 1976, he or she has, in good faith and in reliance on a permit or other authorization, if a permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials therefor. The operator may also be required to submit documentation indicating that no substantial changes have occurred in the operation since January 1, 1976, except for those changes that were in conformance to applicable regulations in effect at the time of the change. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work and materials.

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35.030     Reclamation Plan Requirements.

1. Filing:
   1. Submittal: Reclamation plans shall be submitted to Economic Development Department (for energy-related projects) or to the Planning Division, on forms supplied by the applicable department. Reclamation plan submittals must be complete, containing all information required by the applicable department to justify findings for approval or disapproval, and for surface mining operations, all information required in conformance to applicable provisions of SMARA.
   2. Acceptance: Reclamation plan submittals shall not be deemed complete or accepted for filing and processing time limits shall not begin to run until the Economic Development or Community Development director or his delegate accepts the submittal as complete.
2. Procedure:
   1. Processing: Within 30 days after receipt of a reclamation plan submittal, the Economic Development or Community Development director or his delegate shall review the submittal and shall notify the applicant or his designated representative, in writing, concerning any deficiencies.
      
      1. Reclamation plan submittals shall be deemed complete, unless the applicant or his designated representative has been notified in writing that the submittal is incomplete prior to the expiration of the 30-day review period.
      2. Complete reclamation plan submittals shall be accepted and processed in accordance with applicable provisions of the County Code, CEQA and when applicable SMARA. Acceptance of a reclamation plan submittal by the Economic Development Department or Planning Division shall not constitute an indication of project approval.
   2. Simultaneous Processing: In the event that an application for a use permit and a reclamation plan pertaining to the same project are submitted for approval at the same time, review and processing of the reclamation plan may occur simultaneously with that of the resource use permit application. The issuance of a use permit shall be predicated on the approval of a reclamation plan in conformance to this chapter.
   3. Approval: The Planning Commission may approve or conditionally approve a reclamation plan only when all of the following findings can be made:
      
      1. That the reclamation plan complies with the provisions of CEQA;
      2. That the reclamation plan is consistent with the objectives and policies set forth in this General Plan and any applicable area or specific plans;
      3. That appropriate conditions have been imposed to ensure and verify that the site during and after reclamation will not cause a public hazard, nor be detrimental to the public health, safety, or welfare;
      4. That an approved end use has been identified and that the reclamation of the site shall be finally completed as soon as is feasible, considering the particular circumstances of the site to be reclaimed, and that the plan provides for concurrent reclamation, where appropriate and feasible;
      5. That the reclamation plan conforms to minimum verifiable performance standards established in this chapter and, in the case of surface mining operations, meets or exceeds the minimum, verifiable statewide reclamation standards adopted by the state Mining and Geology Board, and in the case of geothermal well abandonment, conforms to the requirements and guidelines of the California Division of Oil and Gas on non-federal lands, and the Bureau of Land Management on federal lands;
      6. That the estimated cost of the reclamation reasonably approximates the probable cost of performing the reclamation work as proposed in the plan and that adequate surety (consistent with applicable provisions of SMARA for surface mining operations) will be posted to ensure completion of the required reclamation; and
      7. That the person or entity responsible for reclamation plan compliance has a public liability insurance policy in force for the duration of the reclamation that provides for personal injury and property protection in an amount adequate to compensate all persons injured or for property damaged as a result of the proposed reclamation activities.

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35.040     Amendments.

1. Minor Amendments to an Approved Reclamation Plan:
   1. Minor amendment: Minor changes to an approved reclamation plan may be approved by the Economic Development director or the Community Development director, using the Director Review with Notice process, in accordance with the following provisions.
   2. Processing: Requests for approval of a minor amendment shall be submitted on forms provided by the Economic Development or Planning Division, along with the applicable fees. Within 30 days of receipt of such a request, the applicable Director shall determine whether or not the application should be considered a minor amendment. The applicable Director shall approve or deny the request and notify the applicant in writing within 10 days of his decision. The decision of the Director as to whether the request should be approved or denied shall be final, unless an appeal is filed. If it is determined that the request is not a minor amendment, the request may be processed as a major amendment.
   3. Requests for a minor amendment may be approved only if the applicable Director is able to make all of the following findings:
      
      1. That the proposed change involves only minor changes in dimensions, volumes or timing of the reclamation plan and will not affect the basic character or implementation of the reclamation plan;
      2. No substantial adverse environmental damage, either on site or off site, will result from the proposed change and the proposed change is consistent with adopted environmental determinations; and
      3. That the proposed change will not be detrimental to the public health, safety and welfare and is compatible with the objectives and policies of this General Plan, applicable area or specific plans or approved end land use of the site.
2. Major Amendments to an Approved Reclamation Plan:
   1. Major amendment: Major amendments to approved reclamation plans may be approved by the Planning Commission subject to the following provisions.
   2. Processing: Applications for proposed amendments shall be submitted on forms provided by the Economic Development or Planning Division and shall include such data as may be required to complete an environmental assessment. Applications shall include the required filing fee, and shall be noticed and scheduled for public hearing before the Planning Commission in the same manner as the original reclamation plan submittal.
   3. Amendments may be approved by the Planning Commission only if all of the following findings can be made:
      
      1. The proposed amendments are necessary or desirable to assure a more practical recovery of the resource or to avoid multiple future disturbances of surface land or waters; and
      2. No substantial adverse environmental damage, either on-site or off-site, will result from the proposed change, and the proposed change is consistent with adopted environmental determinations; and
      3. The security required to be filed by the applicant with the County is adequate or additional security has been filed to guarantee compliance with the revised reclamation plan; and
      4. The reclamation plan, as amended, will continue to meet the requirements of this chapter and will be conducted in conformity to all applicable laws, ordinances, and regulations of all agencies with jurisdiction over the resource development project; and
      5. The approval of the amendment will not be detrimental to the public health, safety, or welfare and is compatible with the objectives and policies of this General Plan, applicable area or specific plans or approved end land use of the site.

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35.050     Reclamation Standards.

1. All reclamation plans must conform to all applicable provisions of the following minimum verifiable standards. The standards shall apply to each project to the extent that they are consistent with required mitigation for the project (as identified in the environmental documents for the project), provided that such mitigation is at least as stringent as the standards, and they are consistent with the approved or actual subsequent use or uses of the reclaimed site.
2. Where an applicant demonstrates to the satisfaction of the County that an exception to the standards specified in this chapter is necessary based upon the approved end use, the Planning Commission may approve a different standard for inclusion in the approved reclamation plan. Where the County allows such an exception, the approved reclamation plan shall specify verifiable, site-specific standards for reclamation.
3. When substantial amendments are proposed to reclamation plans that were approved prior to January 1, 1992, the standards set forth in this chapter shall be applied by the County in approving or denying the amended reclamation plan.
4. The standards in this chapter shall not apply to projects:
   1. that completed reclamation prior to January 1, 1992, in conformance to an approved reclamation plan; or
   2. for which a reclamation plan has been approved prior to January 1, 1992.
5. The following definitions, in addition to those in Section 35.020 of this chapter, shall govern the interpretation of these standards:

"Arid" means landscapes with an average annual precipitation of five inches or less;

"Indigenous Plants" means plants occurring naturally in an area, not introduced;

"Native Species" means plant species indigenous to California, using pre-European as the historic time reference;

"Vegetative Cover" means the vertical projection of the crown or shoot area of a species to the ground surface expressed as a percentage of the reference area (percentage can be greater than 100%);

"Vegetative Density" means the number of individuals or stems of each species rooted within the given reference area;

"Vegetative Species-Richness" means the number of different plant species within the given reference area; and

"Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of these regulations, wetlands must have one or more of the following attributes: 1) at least periodically, the land supports predominantly hydrophytes; 2) the substrate is predominantly undrained hydric soil; and 3) the substrate is non-soil and is saturated with water or covered by shallow water at some time during the growing season of each year.

Wildlife Habitat.

Wildlife and wildlife habitat shall be protected in accordance with the following standards:

1. Rare, threatened or endangered species or species of special concern, as defined by the California Department of Fish and Game, US Forest Service (USFS), Bureau of Land Management (BLM), or the US Fish and Wildlife Service, and their respective habitat shall be conserved as prescribed by the federal Endangered Species Act of 1973, 16 U.S.C. section 1531, and the California Endangered Species Act, Fish and Game Code section 1900, et seq. If avoidance cannot be achieved through the available alternatives, mitigation shall be proposed in accordance with the rules and regulations of the California Department of Fish and Game, USFS, BLM, the US Fish and Wildlife Service, the US Army Corps of Engineers and other applicable agencies.
2. Wildlife habitat shall be established on disturbed lands in a condition similar to or better than that which existed before the lands were disturbed, unless the proposed end use precludes its use as wildlife habitat or the approved reclamation plan establishes a different habitat type than that which existed prior to disturbance.
3. Wetland habitat shall be avoided. Any wetland habitat impacted as a consequence of resource development activities shall be mitigated at a minimum of a 1:1 ratio for wetland habitat acreage and wetland habitat value.

Backfilling, Regrading, Slope Stability, and Recontouring.

Backfilling, regrading, slope stabilization, and recontouring shall conform to the following standards:

1. Where backfilling is proposed for urban uses (e.g., roads, building sites, or other improvements sensitive to settlement), the fill material shall be compacted in accordance with the Uniform Building Code, the Mono County Grading Ordinance, or other methods approved by the County as appropriate for the approved end use;
2. Where backfilling is required for resource conservation purposes (e.g., agriculture, fish and wildlife habitat, and wild land conservation), fill material shall be backfilled to the standards required for the resource conservation use involved;
3. Piles or dumps of waste material, such as mining waste, shall be stockpiled in such a manner as to facilitate phased reclamation. They shall be segregated from topsoil and topsoil substitutes or growth media salvaged for use in reclamation;
4. Final reclaimed fill slopes, including permanent piles or dumps of mine waste rock and overburden, shall not exceed 2:1 (horizontal:vertical), except where site-specific geologic and engineering analyses demonstrate that the proposed final slope will have a minimum slope stability factor of safety that is suitable for the approved  end use, and when the proposed final slope can be successfully revegetated;
5. At closure, all fill slopes, including permanent piles or dumps of mine waste and overburden, shall conform to the surrounding topography and/or approved end use;
6. Cut slopes, including final high walls and quarry faces, shall have a minimum slope stability factor of safety that is suitable for the proposed end use and that conforms to the surrounding topography and/or approved end use; and
7. Permanent placement of piles or dumps of waste material, such as mining waste and overburden, shall not occur within wetlands unless mitigation accepted by the lead agency has been approved to offset wetland impacts and/or losses.

Revegetation.

Revegetation shall be part of the approved plan, unless it is not consistent with the approved end use.

1. A vegetative cover suitable for the approved end use and capable of self-regeneration without continued dependence on irrigation, soil amendments or fertilizer shall be established on disturbed lands unless an artificially maintained landscape is consistent with the approved reclamation plan. Vegetative cover-density and species-richness shall be, where appropriate, sufficient to stabilize the surface against effects of long-term erosion and shall be similar to naturally occurring habitats in the surrounding area. The vegetative density, cover and species-richness of naturally occurring habitats shall be documented in baseline studies carried out prior to the initiation of resource development activities.
2. Test plots conducted simultaneously with resource development activities shall be required to determine the most appropriate planting procedures to be followed to ensure successful implementation of the proposed revegetation plan. The County may waive the requirement to conduct test plots when the success of the proposed revegetation plan can be documented from experience with similar species and conditions or by relying on competent professional advice based on experience with the species to be planted.
3. Where resource development activities result in compaction of the soil, ripping, disking, or other means shall be used in areas to be revegetated to eliminate compaction and to establish a suitable root zone in preparation for planting.
4. Prior to closure, all access roads, haul roads, and other traffic routes to be reclaimed shall be stripped of any remaining road base materials, prepared in accordance with section G below, covered with suitable growth media or topsoil, and revegetated.
5. Soil analysis shall be required to determine the presence or absence of elements essential for plant growth and to determine those soluble elements that may be toxic to plants, if the soil has been chemically altered, or if the growth media consists of other than the native topsoil. If soil analysis suggests that fertility levels or soil constituents are inadequate to successfully implement the revegetation program, fertilizer or other soil amendments may be incorporated into the soil. When native plant materials are used, preference shall be given to slow-release fertilizers, including mineral and organic materials that mimic natural sources, and shall be added in amounts similar to those found in reference soils under natural vegetation of the type being reclaimed.
6. Temporary access for exploration or other short-term uses on arid lands shall not disrupt the soil surface except where necessary to gain safe access. Barriers shall be installed when necessary to prevent unauthorized vehicular traffic from interfering with the reclamation of temporary access routes.
7. Indigenous plant species shall be used for revegetation, except when introduced species are necessary to meet the end uses specified in the approved reclamation plan. Areas to be developed for industrial, commercial or residential uses shall be revegetated for the interim period, as necessary, to control erosion. In this circumstance, non-indigenous plant species may be used if they are not noxious weeds and if they are species known not to displace indigenous species in the area.
8. Planting shall be conducted during the most favorable period of the year for plant establishment.
9. Soil stabilizing practices shall be used where necessary to control erosion and for successful plant establishment. Irrigation may be used when necessary to establish vegetation.
10. If irrigation is used, the operator must demonstrate that the vegetation has been self-sustaining without irrigation for up to five years prior to release of the financial assurances by the County, unless an artificially maintained landscape is consistent with the end use.
11. Weeds, as defined by the Soil Conservation Service, or the county Agricultural Commissioner, or the California Native Plant Society, shall be managed: 1) when they threaten the success of the proposed revegetation; 2) to prevent spreading to nearby areas; and 3) to eliminate fire hazard.
12. Protection measures, such as fencing of revegetated areas and/or the placement of cages over individual plants, shall be used in areas where grazing, trampling, herbivory, or other causes threaten the success of the proposed revegetation. Fencing shall be maintained until revegetation efforts are successfully completed and the County authorizes removal.
13. Success of revegetation shall be judged based upon the effectiveness of the vegetation for the approved end use, and by comparing the quantified measures of vegetative cover, density, and species-richness of the reclaimed lands to similar parameters of naturally occurring vegetation in the area. Either baseline data or data from nearby reference areas may be used as the standard for comparison. Quantitative standards for success and the location(s) of the reference area(s) shall be set forth in the approved reclamation plan. Comparisons shall be made until performance standards are met provided that, during the last two years, there has been no human intervention, including for example, irrigation, fertilization, or weeding. Standards for success shall be based on expected local recovery rates. Valid sampling techniques for measuring success shall be specified in the approved reclamation plan. Sample sizes must be sufficient to produce at least an 80% confidence level.

Drainage, Diversion Structures, Waterways, and Erosion Control.

1. Reclamation activities shall be conducted to protect on-site and downstream beneficial uses of water in accordance with the Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., and the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq.
2. The quality of water, recharge potential, and storage capacity of groundwater aquifers shall not be diminished, except as allowed in the approved reclamation plan.
3. Erosion and sedimentation shall be controlled during all phases of construction, operation, reclamation, and closure of an operation to minimize siltation of lakes and watercourses, as required by the Lahontan Regional Water Quality Control Board, the State Water Resources Control Board, and the Mono County Grading Ordinance.
4. Surface runoff and drainage shall be controlled by berms, silt fences, sediment ponds, revegetation, hay bales, or other erosion control measures, to ensure that surrounding land and water resources are protected from erosion, gullying, sedimentation, and contamination. Erosion control methods shall be designed to handle runoff from not less than the 20-year/one-hour intensity storm event.
5. Where natural drainages are covered, restricted, rerouted or otherwise impacted, mitigating alternatives shall be proposed and specifically approved in the reclamation plan to assure that runoff shall not cause increased erosion or sedimentation.
6. When stream diversions are required, they shall be constructed in accordance with:
   1. applicable stream and lake alteration agreements between the operator and the California Department of Fish and Game; and
   2. the requirements of the Federal Clean Water Act, Sections 301 (33 U.S.C. Section 1311) and 404 (33 U.S.C. Section 1344) and/or section 10 of the Rivers and Harbors Act.
7. When no longer needed to achieve the purpose for which they were authorized, all temporary stream channel diversions shall be removed and the affected land reclaimed.

Prime Agricultural Land Reclamation.

In addition to the standards for topsoil salvage, maintenance, and redistribution, the following standards shall apply to operations on prime agricultural lands where the approved end use is agriculture:

1. Resource development activities that will operate on prime agricultural lands, as defined by the US Soil Conservation Service, shall return all disturbed areas to a fertility level as specified in the approved reclamation plan;
2. When distinct soil horizons are present, topsoil shall be salvaged and segregated by defined A, B and C soil horizons. Upon reconstruction of the soil, the sequence of horizons shall have the A atop the B, the B atop the C, and the C atop graded overburden;
3. Reclamation shall be deemed complete when productive capability of the affected land is equivalent to or exceeds, for two consecutive crop years, that of the pre-disturbance condition or similar crop production in the area. Productivity rates, based on reference areas described in the approved reclamation plan, shall be specified in the approved reclamation plan; and
4. Use of fertilizers or other soil amendments shall not cause contamination of surface or groundwater.

Other Agricultural Land.

The following standards shall apply to agricultural lands, other than prime agricultural lands, when the approved end use is agriculture.

1. In addition to the standards for topsoil salvage, maintenance, and redistribution, non-prime agricultural lands shall be reclaimed so as to be capable of sustaining economically viable production of crops commonly grown in the surrounding areas.

Building, Structure and Equipment Removal.

1. All equipment, supplies, and other materials shall be stored in designated areas (as shown in the approved reclamation plan). All waste shall be disposed of in accordance with state and local health and safety ordinances.
2. All buildings, structures, and equipment shall be dismantled and removed prior to final site closure except those buildings, structures, and equipment approved in the reclamation plan as necessary for the end use.

Stream Protection, Including Surface and Groundwater.

1. Surface and groundwater shall be protected from siltation and pollutants that may diminish water quality as required by the Federal Clean Water Act, sections 301 et seq. (33 U.S.C. section 1311), 404 et seq. (33 U.S.C. section 1344), the Porter-Cologne Act, section 13000 et seq., the county Grading Ordinance, the Lahontan Regional Quality Control Board or the State Water Resources Control Board.                                                                                                 
2. In-stream surface mining operations shall be conducted in compliance with Section 1603 of the California Fish and Game Code, section 404 of the Clean Water Act, and section 10 of the Rivers and Harbors Act.
3. Surface mining activities in stream or river channels shall be regulated to control channel degradation in order to prevent undermining of bridge supports, exposure of pipelines or other structures buried within the channel, loss of spawning habitat, lowering of groundwater levels, destruction of riparian vegetation, and increased stream bank erosion (exceptions may be specified in the approved reclamation plan). Changes in channel elevations and bank erosion shall be evaluated annually using records of annual extraction quantities and bench marked annual cross sections and/or sequential aerial photographs to determine appropriate extraction locations and rates.
4. In accordance with requirements of the California Department of Fish and Wildlife, in-stream mining activities shall not cause fish to become entrapped in pools or in off-channel pits, nor shall they restrict spawning or migratory activities.

Topsoil Salvage, Maintenance and Redistribution.

When the approved reclamation plan calls for revegetation or cultivation of disturbed lands, the following performance standards shall apply to topsoil salvage, maintenance, and redistribution activities:

1. All salvageable topsoil suitable for revegetation shall be removed as a separate layer from areas to be disturbed. Topsoil and vegetation removal shall not precede development activities by more than one year, unless a longer time period is approved by the County.
2. Topsoil resources shall be mapped prior to stripping and the location of topsoil stockpiles shall be shown on a map in the reclamation plan. If the amount of topsoil needed to cover all surfaces to be revegetated is not available on site, other suitable material capable of sustaining vegetation (such as subsoil) shall be removed as a separate layer for use as a suitable growth media. Topsoil and suitable growth media shall be maintained in separate stockpiles. Test plots may be required to determine the suitability of growth media for revegetation purposes.
3. Soil salvage operations and phases of reclamation shall be carried out in accordance with a schedule that: 1) is set forth in the approved reclamation plan; 2) minimizes the area disturbed; and 3) is designed to achieve maximum revegetation success allowable under the mining plan.
4. Topsoil and suitable growth media shall be used to phase reclamation as soon as can be accommodated by the operations schedule presented in the approved reclamation plan. Topsoil and suitable growth media that cannot be utilized immediately for reclamation shall be stockpiled in an area where it will not be disturbed until needed for reclamation. Topsoil and suitable growth media stockpiles shall be clearly identified to distinguish them from waste dumps. Topsoil and suitable growth media stockpiles shall be planted with a vegetative cover or shall be protected by other equally effective measures to prevent water and wind erosion and to discourage weeds. Relocation of topsoil or suitable growth media stockpiles for purposes other than reclamation shall require prior written approval from the County.
5. Topsoil and suitable growth media shall be redistributed in a manner that results in a stable, uniform thickness consistent with the approved end use, site configuration, and drainage patterns.

Tailing and Waste Management.

1. State Water Resources Control Board mine waste disposal regulations in Article 7 of Chapter 15 of Title 23, California Code of Regulations, shall govern mine waste and tailings, and mine waste disposal units shall be reclaimed in conformance to this article.
2. Geothermal drilling waste and cuttings shall be disposed of in a manner approved by the Lahontan Regional Water Quality Control Board.

Closure of Surface Openings.

1. Except those used solely for blasting or those that will be mined through within one year, all drill holes, water wells, and monitoring wells shall be completed or abandoned in accordance with each of the following:
   1. Water Code Sections 13700 et seq. and 13800 et seq.;
   2. The applicable local ordinance adopted pursuant to Water Code Section 13803;
   3. The applicable Department of Water Resources report issued pursuant to Water Code Section 13800; and
   4. Subdivisions (1) and (2) of Section 2511 (g) of Chapter 15 of Title 23 regarding discharge of waste to land.
2. Prior to closure, all portals, shafts, tunnels, or other surface openings to underground workings shall be gated or otherwise protected from public entry in order to eliminate any threat to public safety and to preserve access for wildlife habitat.
3. All geothermal wells shall be completed or abandoned in accordance with the California Division of Oil and Gas if located on non-federal land or with the Bureau of Land Management if located on federal land.

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35.060     Vested Surface Mining Operations.

1. Reclamation Plan:
   1. Reclamation Plan: The reclamation plan required pursuant to this chapter shall apply to "vested" surface mining operations conducted after January 1, 1976.
      
      1. Where a person with a "vested" right has continued surface mining operations in the same area subsequent to January 1, 1976, he shall obtain approval of a reclamation plan, in conformance to applicable provisions of this chapter, covering the mined lands disturbed by such subsequent surface mining operations. In those cases where an overlap exists (in the horizontal or vertical sense) between pre and post January 1, 1976, surface mining operations, the reclamation plan shall call for reclamation proportional to that disturbance caused by the surface mining operation after January 1, 1976.

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35.070     Idle Mine Status.

1. Interim management plan:
   1. Filing: Unless specified in the use permit, within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Division for review and approval, an "interim management plan.” The interim management plan shall describe, in detail, measures the operator will implement to maintain the site in compliance with conditions specified in the use permit and with standards specified in the approved reclamation plan.
   2. Term of plan: The interim management plan may remain in effect for a period not to exceed five years, at which time the County shall do one of the following:
      
      1. Renew the interim management plan for an additional period not to exceed five years, provided the County finds that the operator has complied fully with the interim management plan; or,
      2. Require the operator to commence reclamation in accordance with the approved reclamation plan.
   3. Financial assurances: Financial assurances required by this chapter shall remain in effect during the period the operation is idle.
   4. Interim management plan approval: The receipt of an interim management plan shall be considered and processed as an amendment to the approved reclamation plan in accordance with applicable provisions of this chapter. As specified in SMARA, the review and approval of an interim management plan for a surface mining operation shall not be considered a project under CEQA.
   5. The operator of a resource development activity that has been abandoned for a period of more than 12 months shall be subject to revocation of the approved use permit and be required to commence reclamation in accordance with the approved plan.

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35.080     Annual Inspections.

1. Inspections:
   1. Inspections Required: Resource development activities shall comply with the following inspection and reporting requirements:
      
      1. The operator shall file a request for annual inspection with the county Compliance Officer at least once in each calendar year. Requests for annual inspections shall be accompanied by the appropriate filing fee and, for surface mining operations, shall coincide with the dates for annual SMARA inspections. All such requests shall include a written report prepared by a qualified registered professional that identifies to what extent the reclamation at the site conforms or deviates from the approved reclamation plan.
      2. The Compliance Officer shall inspect or cause to be inspected the site within 30 working days of receipt of the written report, filing fee, and application for inspection. Unless otherwise agreed, failure to inspect within 30 working days shall be deemed acceptance of the report and a finding that the resource development operation is in compliance with the reclamation plan.

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35.090     Administration.

1. Appeals:

Appeals of any decision pertaining to reclamation plans may be made in conformance to the provisions of Chapter 19.42 of the land development regulations.

2. Fees:

Fees required in conjunction with the provisions of this chapter shall be established from time to time by the Board of Supervisors.

3. Public Records and Proprietary Information:

Public record: Reclamation plan submittals, interim management plans and other documents submitted in support of this chapter are public records unless it is demonstrated to the satisfaction of the County that the release of such information, or part thereof, would reveal reserves, production, or rates of depletion entitled to protection as proprietary information. The operator shall identify such proprietary information as a separate part of the application, and such proprietary information shall be made available only to persons authorized in writing by the operator to receive such proprietary information, and for surface mining operations to the State Geologist.

4. Successor in Interest:

Whenever any resource development activity or portion of such an operation is sold, assigned, conveyed, exchanged, or otherwise transferred, whether voluntarily or by operation of law, the original permittee as well as each successor in interest shall be bound by the provisions of any reclamation plan approved pursuant to the provision of this chapter, provided, however, that the original permittee or any successor in interest may be relieved from all liability for completing the reclamation by action of the Board of Supervisors if, after application to the Board, it is determined that the current owner has posted adequate security to ensure completion of all remaining reclamation.

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35.100     Surety Requirements.

1. Surety:
   1. Surety Required: The operator or person responsible for the reclamation plan submittal shall be required to execute an agreement and to provide adequate and acceptable surety, made payable to the County and (for surface mining operations) the State Geologist, guaranteeing compliance with the approved reclamation plan. This requirement shall be satisfied prior to commencing any on-site resource development activity, and liability shall continue until all reclamation work required by the reclamation plan has been concluded and accepted by the County.
   2. Continued liability: In addition, the operator or person responsible for final reclamation shall have a continued liability to guarantee the continued viability of the reclamation effort not to exceed five growing seasons following the conclusion and acceptance of reclamation by the County. This liability shall begin anew whenever reclamation efforts fail to meet the reclamation plan performance standards and additional reclamation is required. The minimum security to be retained to guarantee the continued viability of the reclamation effort shall be as follows:
      
      1. If the security guarantees the cost of all reclamation, 10% of the aggregate cost of all reclamation; or
      2. If the security was posted in conformance to a phased reclamation program any other method acceptable to the County that ensures the continued viability of the reclamation effort.
   3. Insurance: The operator shall maintain, to the satisfaction of the County and for the life of the reclamation plan, liability insurance of not less than $500,000 for one person, $1 million for all persons, and $2 million for property damage, or other amounts adopted by the Board of Supervisors. This requirement would not preclude the operator from being self-insured.
   4. Form of Surety: The security required in conformance to the provisions of this chapter shall be made payable to the County and, in the case of surface mining operations, the State Geologist; shall be subject to review and approval by the County; and shall be in the form of one the following:
      
      1. Surety Bonds;
      2. Irrevocable Letters of Credit;
      3. Trust Funds; or
      4. For surface mining operations, other forms of financial assurance as may be specified by the State Mining & Geology Board.
   5. Surety Adjustments: The amount of financial assurances required by this chapter may be adjusted annually by the County in consideration of information provided in the annual report. Adjustments shall take into consideration, but not be limited to, new lands disturbed, inflation, prior compliance, and reclamation accomplished in accordance with the approved plan.
   6. Prior surety approvals: If a surface mining operation and/or reclamation plan has received approval of its financial assurances prior to January 1, 1991, from a public/federal agency other than Mono County, the County shall deem those financial assurances adequate for the purposes of this chapter, or shall credit them toward fulfillment of financial assurances required by this chapter.
2. Release of Surety:
   1. Acceptance: The operator shall file a request for final inspection with the county Compliance Officer, accompanied by the appropriate filing fee. No reclamation or phase of reclamation shall be deemed accepted until the work has been inspected and approved and a certificate of acceptance has been executed by the county Compliance Officer and filed with the Board of Supervisors and, for surface mining operations, the State Geologist.
   2. Inspection: Within 60 days after the county Compliance Officer has received a request for final inspection for completion of reclamation, or any phase of reclamation; the county Compliance Officer shall inspect, or cause to be inspected, the subject area. The county Compliance Officer shall then file the certificate of acceptance or shall notify the operator, in writing, of any items that are found to be inconsistent with the approved reclamation plan.
   3. Release of Bond: Thirty days after the county Compliance Officer files the certificate of acceptance with the Board of Supervisors, unless otherwise directed by the Board of Supervisors, the County shall release the surety.

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35.110     Enforcement.

1. Enforcement:

The provisions of this chapter shall be enforced by the Economic Development Department, the county Planning Division, and/or the county Compliance Officer or such other persons as may be designated by the Board of Supervisors. Enforcement of the provisions contained in this chapter shall be in accordance with applicable provisions of the Mono County Code.

2. Right of Entry:

Whenever it becomes necessary to inspect resource development activities as provided in this chapter or to investigate complaints associated with resource development activities or to monitor conditions of approval as may be imposed on resource development activities, reasonable access to the project site shall be afforded by the operator in conformance to Chapter 1.08 of the Mono County Code. Authorized representatives of the County, upon presentation of appropriate credentials, shall have access to the site without advance notice.

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Sections:

38.010          Intent.

38.020          Forms and fees.

38.030          Qualification as an applicant.

38.040          Review of application.

38.050          Transmittal to Planning Commission.

38.060          Planning Commission report.

38.070          Decision by Board of Supervisors.

38.080          Approval of development agreements.

38.090          Required notice.

38.100          Irregularity of proceedings.

38.110          Amendment and cancellation of agreement by mutual consent.

38.120          Recordation.

38.130          Periodic review.

38.140          Procedure for periodic review.

38.150          Proceedings upon modification or termination.

38.160          Hearing on modification or termination.

38.010     Intent.

The intent of this chapter is to provide both the applicant, as well as affected public entities, with an alternative mechanism to guarantee required public improvements and/or amenities associated with the approval of any project.

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38.020     Forms and fees.

There are no separate application forms for development agreements; the application form used for the project requiring the development agreement will be utilized. There will be an additional fee attached to the processing of development agreements. A current fee schedule is available with the application forms. This fee shall reflect the actual cost of processing such agreement.

Each application shall be accompanied by the form of development agreement proposed by the applicant. The Board of Supervisors may adopt by resolution a standard form of development agreement. The applicant may choose to use the standard form and include specific proposals for changes in or additions to the language of the standard form. The proposed agreement shall contain all the elements required by Government Code Sections 65864 through 65869.5.

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38.030     Qualification as an applicant.

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property that is the subject of the development agreement. Applicant includes authorized agent. The Community Development director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Community Development director shall obtain the opinion of the County Counsel as to the sufficiency of the applicant's interest in the real property to enter into the agreement.

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38.040     Review of application.

The Community Development shall enter on the application the date it is received. He/she shall review the application and may reject it for processing if it is incomplete or inaccurate. If he/she finds that the application is complete, he/she shall accept it for filing. The Director shall review the application and determine the additional requirements necessary to complete the agreement. After receiving the required information, he/she shall prepare a staff report to the Planning Commission with a recommendation and shall state whether the agreement proposed or in an amended form would be consistent with this General Plan and any applicable specific plan.

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38.050     Transmittal to Planning Commission.

The Director shall transmit the application to the Commission for a public hearing when all the necessary reports and recommendations are completed. Notice of the public hearing shall be given as provided in Chapter 46, Noticing Requirements. The application for a development agreement may be considered concurrently with, but not before, other discretionary permits for the project.

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38.060     Planning Commission report.

After a public hearing, the Commission shall consider the application and prepare a report and recommendation for the Board of Supervisors. The report and reasons for the recommendation shall include findings on the matters stated in Section 38.070. This report and the reasons for the recommendation shall be forwarded to the board clerk who shall set the matter for public hearing before the Board of Supervisors.

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38.070     Decision by Board of Supervisors.

1. After the Board of Supervisors completes the public hearing, it may approve, modify or deny the development agreement. It may refer matters not previously considered by the Commission during its hearing back to the Commission for report and recommendation if new information comes to light at the Board hearing.
2. Board of Supervisors shall not approve the development agreement unless it finds that the agreement contains all of the following:
   1. Is consistent with the objectives, policies, general land uses and programs specified in this General Plan and any applicable specific plan; and
   2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; and
   3. Is in conformity to public convenience, general welfare and good land use practices; and
   4. Will not be detrimental to the health, safety and general welfare; and
   5. Will not adversely affect the orderly development of property or the preservation of property values; and
   6. Is consistent with the provisions of Government Code Sections 65864 through 65869.5.

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38.080     Approval of development agreements.

If the Board of Supervisors approves the development agreement, it shall adopt an ordinance approving the agreement and directing the Board Chairman to execute the agreement on behalf of the County after the effective date of the ordinance.

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38.090     Required notice.

1. Notice of public hearing required by this chapter shall be given as provided in Chapter 46, Noticing Requirements.
2. The notice requirements referred to in subsection A is declaratory of existing law (Government Code Sections 65867, 65864, 65864.5 and 65856). If State law prescribes a different notice requirement, notice shall be given in that manner.

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38.100     Irregularity of proceedings.

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of an error, irregularity, informality, neglect or omission as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

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38.110     Amendment and cancellation of agreement by mutual consent.

Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. The amendment or cancellation permitted by this section must be by mutual consent of the parties.

The procedure for proposing and adoption of an amendment to, or cancellation in whole or in part, of the development agreement is the same as the procedure for entering into an agreement in the first instance. However, where the County initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least 30 days in advance of public notice of the hearing to consider the amendment or cancellation.

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38.120     Recordation.

Within 10 days after the County enters into the development agreement, the Board Clerk shall have the agreement recorded with the County Recorder.

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the County terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the board clerk shall have notice of such action recorded with the County Recorder.

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38.130     Periodic review.

1. The Director shall review the development agreement every 12 months from the date the agreement is entered into.
2. The time for review may be shortened either by agreement between the parties, or by initiation in one or more of the following ways:
   1. Recommendation of the Director;   
   2. Resolution of intention by the Commission; or
   3. Resolution of intention of the Board of Supervisors.
3. The Director shall begin the review proceeding by giving written notice that he/she intends to undertake a periodic review of the development agreement to the property owner. He/she shall give the notice at least 10 days in advance of the time at which the matter will be considered by the Planning Division.

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38.140     Procedure for periodic review.

1. The Director, or the Commission if the matter has been referred, shall conduct a public review hearing at which time the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.
2. The Director shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.
3. If the Director finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
4. If the Director finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Director may initiate proceedings to modify or terminate the agreement.

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38.150     Proceedings upon modification or termination.

If, upon a finding under Section 38.140(D), the Director determines to proceed with modification or termination of the agreement, the Director shall give notice to the property owner of his/her intention to do so. The notice shall contain:

1. The time and place of the hearing;
2. A statement as to whether or not the Director proposes to terminate or to modify the development agreement; and
3. Other information that the Director considers necessary to inform the property owner of the nature of the proceeding.

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38.160     Hearing on modification or termination.

At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The Board of Supervisors may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The Board of Supervisors may impose those conditions it considers necessary to the action it takes to protect the interests of the Planning Division. The decision of the Board of Supervisors is final.

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Sections:

        40.010            Intent.

        40.020            Requirements generally.

        40.030            Conversion standards.

40.010     Intent.

It is the intent of this chapter to regulate the conversion of mobile-home parks to other uses in order to protect mobile-home spaces in that they provide a valuable supply of rental and affordable housing opportunities within the county.

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40.020     Requirements generally.

A use permit must be obtained prior to the conversion of a mobile-home park to another use, or prior to closure of a mobile-home park or cessation of use of the land as a mobile-home park. Conditions required to obtain a use permit shall include, and not be limited to, a requirement that the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use upon the displaced residents of the mobile-home park as provided for in Government Code Section 65863.7, and as that section may from time to time be amended. The use permit and required report shall be required in addition to any other required permits or approvals, including subdivision map approval.

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40.030.    Conversion standards.

1. Application for a use permit to convert an existing mobile-home park to another use, and/or an application for the filing of a tentative or parcel map for a subdivision to be created from the conversion of a mobile-home park to another use, shall be accompanied by a conversion impact statement report setting forth the impacts of the proposed conversion upon: 1) displaced residents of the mobile-home park, 2) availability of adequate replacement housing in mobile-home parks or other affordable housing units, 3) relocation costs; and 4) recommendations or measures to be taken to mitigate the identified impacts.
2. The applicant proposing the change in use shall provide a copy of the report to a resident of each mobile home in the mobile-home park at least 15 days prior to the hearing on the impact report and by the Planning Commission. An applicant filing a tentative or parcel map for a subdivision to be created from the conversion of a mobile-home park shall make a copy of the report available to each resident of the mobile-home park at least 15 days prior to the hearing on the impact report and use permit by the Planning Commission.
3. The Planning Commission shall review the report prior to any change of use, and may require, as a condition of the change, the person or entity to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobile-home park residents to find adequate housing in a mobile-home park or within other affordable housing. The steps required to be taken to mitigate shall not exceed the costs of relocation.
4. The Planning Commission may require a subdivider who has applied for a tentative or parcel map for a subdivision to be created from the conversion of a mobile-home park to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile-home park residents to find adequate space in a mobile-home park or within other affordable housing. This section will not apply to a subdivision that is created from the conversion of a rental mobile-home park to resident ownership (Government Code §66427.4).

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Sections:

46.010          Cause for notice.

46.020          Notice requirements.

46.030          Notice contents.

46.040          Notice definitions.

46.010     Cause for notice.

Upon receipt of a request for a land use decision that utilizes a public hearing or Director Review with Notice, the Planning Division shall cause notice to be given.

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46.020     Notice requirements.

1. Notice shall be published once in a newspaper of general circulation for the following land use decisions:
   1. Subdivisions (refer to Title 17, Mono County Code, for specific processing requirements).
   2. Land use designation amendments.
   3. General Plan amendments.
   4. Amendments to the text of the General Plan, area plans, land development regulations, or specific plans.
   5. Use permits; and
   6. Variances.
2. Notice shall be given by first-class mail or electronic mail to any person who has filed a written request.
3. Notice shall be given by first-class mail or delivery to all surrounding property owners for land use decisions utilizing public hearing procedures.
4. Notice shall be given by first-class mail or delivery to all contiguous property owners for land use decisions utilizing Community Development’s Director Review with Notice procedures.
5. An eighth-page advertisement in a newspaper of general circulation may be substituted for individual property owner notice whenever the individual notice would require notification of 1,000 or more property owners. This alternative is often applicable to large General Plan or land use redesignations.
6. Notice shall be given to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
7. Notice shall be given in such other manner as is deemed necessary or desirable.

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46.030     Notice contents.

Notice of Public Hearing shall contain the time and place of the hearing, a general description of the request, the location of the site, and any additional information the Director may deem appropriate.

Notice of Director Review shall contain the same information as that for Public Hearing except that the date of the Director decision shall be substituted for time and place of the hearing.

Errors in the giving of notice or of the failure of any person to receive notice shall not invalidate the proceeding.

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46.040     Notice definitions.

1. "Surrounding property,” for the purposes of this General Plan, shall be defined as those properties that fall within a 300-foot radius drawn from the nearest limits of the parcel that is subject of the land use application. If a property is located more than 300 feet from the boundary of the parcel, but will be directly affected by any land use application on the subject parcel, then that property owner should also be noticed. Further, any property owners, regardless of their location or proximity to the parcel subject to a land use application, may receive notice as long as they submit their request in writing to the Planning Division more than 10 days in advance of the hearing. Such notice shall be given to those properties at least 10 days in advance of the hearing by mail to all persons whose names and addresses appear on the latest adopted tax roll of the County.
2. "Contiguous property,” for the purposes of this General Plan, shall be the same as that found in definitions, Chapter 02. Such notice shall be given to these properties at least 10 days before the Director decision by mail to all persons whose names and addresses appear on the latest adopted tax roll of the County.

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Sections:

I.   GENERAL PLAN MAP/LAND USE DESIGNATION AMENDMENTS

48.010          Initiation.

48.020          Planning Commission action.

48.030          Board action.

48.040          Covenants.

48.050          Reinitiation.

II.  TEXT AMENDMENTS – GENERAL PLAN POLICIES, LAND DEVELOPMENT REGULATIONS

48.060          Initiation.

48.070          Planning Commission action.

48.080          Board action.

48.090          Reinitiation.

I. GENERAL PLAN MAP/LAND USE DESIGNATION AMENDMENTS

48.010     Initiation.

The provisions of this section, or portion thereof, to the extent that the same may be referred to in any specific procedure, shall govern in the initiation of proceedings. Initiation may be by:

1. The adoption of a resolution of initiation by the Board of Supervisors;
2. The adoption of a resolution of initiation by the Commission; or
3. Filing with the Director an application signed by one or more of the record owners of the parcel of property that is the subject of the application or by an agent of the owner, authorized in writing, or by a public utility company or other agency with the powers of eminent domain. In the event that more than one parcel is submitted for district amendment, owners of parcels representing at least 60% of the area involved must sign the application. The names of all record owners of all land involved must be stated. A petition for amendment shall be on a form designated by the Commission, and shall be accompanied by the required application, environmental forms, and fee. In addition, the applicant shall also be assured that the proposed district amendment is consistent with this General Plan before his application is deemed accepted.
4. General plan amendments addressing matters applicable throughout the county and/or not directly associated with specific parcels of land may be initiated only by the Planning Commission or Board of Supervisors. 

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48.020     Planning Commission action.

Decisions to change the classification of land from one adopted land use designation to another shall be the subject of a public hearing and noticed according to the requirements of Chapter 46, Noticing Requirements. The application shall be heard first before the Commission.

Prior to taking an action to approve or recommend approval of a change in district designation classification, the Commission shall find as follows:

1. The proposed change in land use designation is consistent with the text and maps of this General Plan;
2. The proposed change in land use designation is consistent with the goals and policies contained within any applicable area plan;
3. The site of the proposed change in land use designation is suitable for any of the land uses permitted within that proposed land use designation;
4. The proposed change in land use designation is reasonable and beneficial at this time; and
5. The proposed change in land use designation will not have a substantial adverse effect on surrounding properties.

The Commission recommendation shall then be acted upon by the Board, excepting, however, that a recommendation for denial shall terminate any application for a change in land district classification unless it is appealed in accordance with the provisions of Chapter 47, Appeals. Excepting, however, an application for a change in land use designation, when accompanied by a land use application that requires an action by the Board of Supervisors, shall be referred without appeal to the Board of Supervisors.

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48.030     Board action.

The Board of Supervisors shall act on the recommendation for the land use redesignation from the Commission at a public hearing noticed according to the requirements of Chapter 46, Noticing Requirements.

The Board may approve, modify or disapprove the recommendation of the Commission. If new information regarding the application is presented at the Board hearing that may have influenced the Commission recommendation, the Board may refer it back to the Commission for report and recommendation before taking action, but the Commission shall not be required to hold a public hearing thereon.

The action of the Board shall be the final administrative action.

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48.040     Covenants.

Whenever performance of any condition or accomplishment of any development is required by the grant of a special permit or in connection with the redesignation of property, and the performance or accomplishment is to occur at or after a specified time, the Director may require the record owner of the land involved to execute a covenant running with the land in a form approved by the County Counsel, which shall contain the requirements imposed and it shall be recorded in the office of the County Recorder. The Director may issue releases from such covenants when they are no longer applicable (snow storage and joint parking agreements are common applications of this provision).

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48.050     Reinitiation.

No matter initiated pursuant to Section 48.010C (Initiation), may be reinitiated for a period of one year from the date of final action denying or disapproving such matter, unless such action was specifically stated to be without prejudice.

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II. TEXT AMENDMENTS – GENERAL PLAN POLICIES, LAND DEVELOPMENT REGULATIONS

48.060     Initiation.

1. Amendments to the text of the General Plan or the land development regulations may be initiated by:
   1. The adoption of a resolution of initiation by the Board of Supervisors; and
   2. The adoption of a resolution of initiation by the Commission.
2. General Plan text amendments may be initiated by either 1 or 2 delineated in A. above except that the processing of amendments to the text of this General Plan are limited by State law to four cycles per year, unless the amendment will qualify as an affordable housing project. There is also a one-year moratorium on General Plan amendments following the adoption of a newly prepared plan.

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48.070     Planning Commission action.

Action to change the text of the land development regulations, or the text of any area plan or countywide General Plan element, shall be the subject of a public hearing and noticed according to the requirements of Chapter 46.020, Noticing Requirements.

After the hearing, the Commission shall render its decision in the form of a written recommendation to the Board. If it is a land development regulation amendment, the recommendation for approval shall include a finding that the proposed change to the text is consistent with this General Plan as well as any applicable area plans. Prior to making a recommendation to amend an area plan, the Commission shall find that the proposed adoption or amendment is consistent with the countywide General Plan.

A land development text amendment that imposes any regulation listed in Government Code Section 65860 (Adoption of Regulations), not theretofore imposed; or removes or modifies any such regulations theretofore imposed, shall be adopted as provided in this section.

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48.080     Board action.

The Board of Supervisors shall act on the recommendation for the text amendment from the Commission at a public hearing and noticed according to the requirements of Chapter 46.020, Noticing Requirements.

The Board may approve, modify or deny the recommendation of the Commission. If new information regarding the application is presented at the Board hearing that may have influenced the Commission recommendation, the Board may refer it back to the Commission for report and recommendation before taking action, but the Commission shall not be required to hold a public hearing thereon.

The action of the Board shall be the final administrative action.

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48.090     Reinitiation.

No matter indicated pursuant to Section 48.060(2) can be reinitiated for a period of one year, unless Board action was specifically stated to be without prejudice.

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