§ 15.04

This chapter provides procedures for public hearings required by the Unified Development Code of Glenn County. In the event a public hearing is required, advance notice of the hearing shall be given and the hearing conducted in compliance with this chapter and applicable State Law. (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006) 15.04.020 Notice Of Hearing

When State Law or this Title require a noticed public hearing before a decision on a permit may be rendered by the appropriate authority, or for any other matter which may require a public hearing, notice shall be provided as required by this section and state law.

1. Notice of the hearing shall be given pursuant to California Government Code Section 65090. If the proposed project affects the permitted uses of real property, notice shall also be given pursuant to Government Code Section 65091.

2. In addition to the notification required under subsection A., notification to real property owners required by Government Code Section 65091 shall be extended to 1,000 feet from the exterior boundary of the subject property and shall notify at least twenty unique property owners. When less than twenty unique property owners are found within 1,000 feet of the subject exterior boundary, the notification distance shall be extended in 100 foot increments of the exterior boundary, until at least twenty unique property owners are notified. The cost for notification shall be borne by the applicant of the proposed project. (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006)

HISTORY

Amended by Ord. 1326 on 3/12/2024 15.04.030 Hearing Procedures

After an applicant has provided all information required to render a decision on a proposed project as determined by the director, a public hearing, if required, shall be scheduled before the appropriate hearing body at the next regularly scheduled meeting date provided that all notification periods required by state law have been met.

1. A hearing shall be held at the date, time and place for which notice was given unless the required quorum of hearing body members is not present.

2. Any hearing may be continued from time to time without further notice; provided that the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006)

Following a public hearing held by the planning commission on any matter on which it will make a recommendation, the director shall submit a written report including a summary of the hearing, findings and recommendations to the board of supervisors within thirty (30) calendar days after completion of said hearing. (Ord 1268 § 2, 2018; Ord. 1183 § 2, 2006)

1. Upon receipt of the recommendations of the planning commission, the board of supervisors shall hold a public hearing after giving notice in the manner specified in Government Code sections 65090 & 65091; provided, however, that if the planning commission has recommended against the approval of such request, the board of supervisors shall not be required to take any further action unless an appeal is filed with the clerk of the board of supervisors within five calendar days after the decision of the planning commission.

2. Within sixty calendar days from the date of receipt of the planning commission’s report, the board of supervisors may approve, modify or disapprove the proposed request. Any modification shall be referred back to the planning commission for a report.

3. Upon receipt of the recommendation of the planning commission, the board of supervisors shall hold a public hearing after giving notice in the manner specified in Government Code sections 65090 & 65091. The board of supervisors may approve, modify or disapprove the recommendations of the planning commission; provided, that any modification of the amendment not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendations, but the planning commission shall not be required to hold a public hearing thereon. Planning commission shall review the modification and shall report its recommendations back to the board of supervisors not more than forty calendar days after the referral by the board. (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006)

15.04.060 Time Limitation

Any judicial proceeding or action to attack, review, set aside, void or annul any decision of matters listed in this title which are subject to judicial review (other than those listed in Government Code Section 65009 and 65860, and Public Resources Code Section 21167) or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision or to determine the reasonableness, legality or validity of any conditions attached thereto, or concerning the general plan or any specific plan, or any amendment to, interpretation of, deletion from, addition to, or application of the general plan or specific plan, or to compel action as to any of these matters, or to seek relief from inaction on any of these matters, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within 90 days after the date of such decision, act or determination, or, in the case of inaction, within 90 days after the date on which the act sought to be compelled should have been performed. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decisions or of such proceedings, acts or determinations. (Ord. 1183 § 2, 2006) (Ord. 1268 § 2, 2018; Ord. 1183 § 2, 2006)

15.05 Appeals 15.05.010 Action By Director 15.05.020 Action By The Planning Commission 15.05.030 Automatic Appeals 15.05.040 Appeal Of Application Completeness 15.05.010 Action By Director

1. For proposes of this chapter, aggrieved person or persons shall mean the following:

2. Any person affected by a decision of the director or planning commission.

3. Anyone who, in person or through a representative explicitly identified as such, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the county in writing of the nature of his/her concerns before the hearing. 2. Any aggrieved person or persons adversely affected by any decision of the director may, within ten (10) calendar days after the action of the director, file a notice of appeal in writing to the planning commission. Said notice of appeal shall be accompanied by a filing fee and shall include the following information: 1. The name, address, and telephone number of the person requesting the appeal; 2. The decision being appealed, any applicable project number, or some other means of identification and the date of the decision. The appellant shall be specific as to whether he is appealing the entire decision, a specific term or condition, or an environmental document (e.g., approval of a negative declaration, issuance of an exemption, adequacy of an environmental impact report); 3. If a specific term or condition is appealed, it shall be set forth with clarity. The specific error claimed to have been made and the basis upon which the appellant claims there was an error shall also be stated; 4. A detailed statement of the factual and/or legal grounds upon which the appeal is being taken. 5. Appellant’s interest in the action. The appellant shall state whether he/she is the applicant or an aggrieved party; 6. The specific relief sought. 3. Upon the filing of an appeal, the planning commission shall review the matter within thirty (30) calendar days from the date of filing the appeal. 4. The planning commission shall consider the record and such additional relevant evidence as may be offered. It shall be the responsibility of the appellant to provide the planning commission with the relevant portions of the record. The planning commission may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under the law and facts. 5. The decision of the planning commission as a result of the review shall be made by motion recorded in minutes and shall forthwith transmit a copy of the minute order to the appellant and the applicant. (Ord. 1268 § 3, 2018; Ord. 1183 § 2, 2006) 15.05.020 Action By The Planning Commission 1. Within the limitations set forth in this subdivision, any aggrieved person or entity adversely affected by a formal action of the planning commission, may appeal such action by filing a written notice thereof with the Clerk of the Board of Supervisors within ten (10) calendar days after the action of the planning commission; provided that the issue being appealed was raised during the planning commission hearing. 2. The notice of appeal shall be accompanied by an appeal fee and shall include the information required by Section 15.05.010 A. 3. Applicants that appeal shall be limited to raising issues that were placed before the planning commission. Other persons or entities that appeal shall be limited to raising issues that such person or entity specifically raised, either orally or in writing, at the planning commission hearing. 4. It shall be the burden of the appellant to show by convincing evidence that the decision or conclusion of the planning commission is contrary to law, or that such decision is not supported by substantial evidence. 5. Within thirty (30) calendar days from the date of filing the appeal, the clerk of the board shall schedule the date for the hearing. The hearing shall be held within thirty (30) calendar days from the date of filing the appeal. Notice of hearing shall be given as required by Chapter 15.04. The board of supervisors may continue such hearing for one additional meeting, to be held within fifteen (15) days, any further continuances shall be with the consent of the appellant. 6. The board of supervisors shall consider the record of the planning commission and such additional relevant evidence as may be offered. It shall be the responsibility of the appellant to provide the board of supervisors with the relevant portions of the record. The board of supervisors may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation, or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under the laws and facts. 7. The decision of the board as a result of the hearing shall be made by a motion recorded in the minutes and the board shall forthwith transmit a copy of the minute order thereof to the appellant and the applicant. (Ord. 1268 § 3, 2018; Ord. 1183 § 2, 2006) 15.05.030 Automatic Appeals 1. Automatic Appeals. If a ballot of the members of the planning commission results in a tie vote, or if the planning commission is unable to take action because of legal disqualification or abstentions, the matter shall be deemed to be automatically denied at the first hearing at which the application is considered and is unable to be acted upon; and be appealed to the board of supervisors for public hearing. Automatic appeals pursuant to this section shall not be subject to filing fees as provided for in Section 15.05.020 of this chapter. 2. Continuations. Notwithstanding subsection A of this section, if a ballot of the members of the planning commission results in a tie vote, or if a majority vote is not reached and no action results, the planning commission may decide to continue the matter for further consideration. (Ord. 1183 § 2, 2006)

n shall not be subject to filing fees as provided for in Section 15.05.020 of this chapter. 2. Continuations. Notwithstanding subsection A of this section, if a ballot of the members of the planning commission results in a tie vote, or if a majority vote is not reached and no action results, the planning commission may decide to continue the matter for further consideration. (Ord. 1183 § 2, 2006)

15.05.040 Appeal Of Application Completeness

• Appeals from a determination by the director that an application is incomplete pursuant to Section 15.09.050 shall be permitted only to the planning commission whose decision shall be final. (Ord. 1183 § 2, 2006)

15.06 Nonconforming Uses And Property

15.06.010 Nonconforming Uses

15.06.020 Nonconforming Uses And Property

15.06.010 Nonconforming Uses

1. Use of Land. Any lawful use of land existing at the time of the adoption of this title or any zoning ordinance or amendment thereto may be continued, although such use does not conform to the regulation specified in such enactment title for the zone in which such land is located. A conditional use permit shall first be obtained for any enlargement or expansion.

   2. Use of Building. Any lawful use of a building existing at the time of the adoption of any zoning ordinance, may be continued, although such use does not conform to the regulations specified for the zone in which such building is located. Except residential uses, a conditional use permit shall first be obtained for any enlargement or expansion of such non-conforming use by 21% or more. An administrative permit shall first be obtained for any enlargement or expansion of non-conforming uses of 20% or less in size or area. However, except as otherwise provided by law, nothing in this Title shall prevent the restoring to a safe condition of any part of a building or structure declared unsafe by proper authority.

   3. Reconstruction of Nonconforming Building. A nonconforming building or structure damaged or destroyed by fire, explosion, earthquake or other act, may be restored only if made to conform to all regulations, other than use restrictions, specified by this title; provided, that such building may be restored to a total floor area not exceeding that of the former building.

2. Abandonment. If the actual operation of a nonconforming use ceases for a continuous period of six months, the nonconforming use shall be considered abandoned unless the legal owner can establish valid proof to the contrary; then, without further action by the planning commission, the use of such land or building shall be subject to all the regulations specified by this title. (Ord. 1183 § 2, 2006)

15.06.020 Nonconforming Uses And Property

1. Except as otherwise provided in this title, a lot having an area, frontage, width or depth less than the minimum prescribed for the zone in which the lot is located, as depicted on a subdivision map duly approved and recorded prior to the adoption of this title, may be used for any use permitted in the zone, but shall be subject to all other standards for the zone in which the lot is located.

2. Except as otherwise provided in this title, a lot having an area, frontage, width or depth less than the minimum prescribed for the zone in which the lot is located, as depicted on a subdivision map duly approved and recorded prior to the adoption of this title, may be used for any use permitted in the zone, but shall be subject to all other standards for the zone in which the lot is located.

   2. Lot Line Adjustments for nonconforming parcels Any lot having an area, frontage, width or depth less than the minimum prescribed for the zone in which the lot is located, as depicted on a subdivision map duly approved and recorded prior to the adoption of this title, may be adjusted with another lot provided that the number of nonconforming lots is not increased. A reduction in size of a nonconforming parcel shall be allowed provided that said reduction meets the following:

      1. The nonconforming lot area is not decreased by more than twenty percent (20%) in size.

      2. The lot line adjustment will allow conformance with setback requirements for the zoning district.

      3. The applicant is able to provide documentation showing that all lots involved were legally created. (Ord. 1268 § 4, 2018; Ord. 1183 § 2, 2006)

15.07 Completion Of Improvements 15.07.010 Security Agreement And Bond 15.07.020 Bond For Completion Of The Improvements 15.07.030 Bond And Release 15.07.040 Development Agreements 15.07.010 Security Agreement And Bond If any improvements required by this title have not been completed prior to approval of the final map, the applicant shall, prior to acceptance of the map by the county, enter into an agreement with the county agreeing to have the improvements completed within the time specified in the agreement. The agreement shall contain a clause guaranteeing the workmanship and materials provided in all improvements for a twelve-month period after acceptance of the improvements by the board of supervisors. The agreement may provide for an extension of time under specified conditions. The agreement may also provide for the termination thereof upon a reversion to acreage or revocation of all or part of the subdivision. (Ord. 1183 § 2, 2006) 15.07.020 Bond For Completion Of The Improvements To assure that the improvements required by this title are satisfactorily completed, adequate improvement security shall be furnished by the applicant for the cost of constructing the improvements according to the plans and specifications in a sum or amount equal to the estimate approved by the director. Partial release of the improvement security may be made in accordance with the provisions of the Subdivision Map Act. (Ord. 1183 § 2, 2006) 15.07.030 Bond And Release The improvement security shall be released by the director upon acceptance of the work or upon revocation or reversion to acreage of the subdivision and abandonment of all roads and easements, except that security in the amount specified by the director to guarantee workmanship and materials shall remain in full force and effect for one year after acceptance of the improvements. (Ord. 1183 § 2, 2006) 15.07.040 Development Agreements 1. Purpose and authority 1. The lack of certainty in the approval of larger or phased development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public, due to potential changes in development regulations, rules and planning ordinances. 2. The provisions of this Chapter will provide assurance to applicants for development projects that upon approval of a project, the applicant may proceed with the project in accordance with the policies, rules and regulations, and subject to conditions of approval in effect at the time of approval. Development agreements entered into pursuant to this Article will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. 3. Development agreements may also include provisions whereby applicants are reimbursed over time for financing public facilities and improvements installed in excess of those needed to serve the applicant’s development project. 4. These regulations are adopted for the purposes authorized and under the authority of the California Government Code Sections 65864-65869.5. 2. Applications 1. The director shall prescribe the form for each application, notice and document provided for or required by these regulations for the preparation and implementation of development agreements. 2. The director may require an applicant to submit such pertinent information and supporting data as he considers necessary to process the application. 3. The application shall be accompanied by a fee(s) in an amount to be set by the Board of Supervisors. 4. The applicant shall present to the director, the written consent to the development agreement of all parties having any record title interest in the real property which is the subject of the development agreement. 3. 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 which is the subject of the development agreement. Applicant includes authorized agent. The director may require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant. 4. Form of agreement. Applications shall be accompanied by a proposed development agreement prepared by the applicant. This requirement may be met by submittal of a development agreement consistent with the standard form of development agreements prepared by the planning authority that may include a specific proposal for changes in or additions to the language of the standard form. 5. Review of application. The director shall review the application and may reject it if it is incomplete for processing. If he find that the application is complete, he 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 shall prepare a staff report and recommendation and shall state whether or not the agreement proposed or in an amended form would be consistent with the general plan and any applicable specific or community plan. 6. Public hearings and notice 1. Public hearings shall be held on any application for a Development Agreement and subject to the same proceedings as provided for rezoning applications. 2. Notice of the hearing shall be given as provided for rezoning applications. 3. When a Development Agreement is for a project requiring a General Plan Amendment, Specific or community plan amendment, rezoning, Conditional Use Permit or any subdivision approval, consideration of the development agreement shall be concurrent with or subsequent to consideration of any of the entitlement identified above. 7. Recommendation by the Planning C

provided for rezoning applications. 3. When a Development Agreement is for a project requiring a General Plan Amendment, Specific or community plan amendment, rezoning, Conditional Use Permit or any subdivision approval, consideration of the development agreement shall be concurrent with or subsequent to consideration of any of the entitlement identified above. 7. Recommendation by the Planning C

provided for rezoning applications. 3. When a Development Agreement is for a project requiring a General Plan Amendment, Specific or community plan amendment, rezoning, Conditional Use Permit or any subdivision approval, consideration of the development agreement shall be concurrent with or subsequent to consideration of any of the entitlement identified above. 7. Recommendation by the Planning Commission 1. After the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the Board of Supervisors. The recommendation shall include the Planning Commission’s determination whether or not the development agreement proposed: 1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan or community plan; 2. Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located; 3. Is in conformity with public convenience, general welfare and good land use practice;

  4. Will be detrimental to the public health, safety and general welfare; 

  5. Will adversely affect the orderly development of property or the preservation of property values. 

2. The recommendation of the Planning Commission shall include the reasons for the recommendation.

3. Decision by the Board of Supervisors

   1. After the Board of Supervisors completes its public hearing, it may accept, modify or disapprove the recommendation of the Planning Commission.

   2. The Board of Supervisors shall not be required to enter into any such development agreement and it may not do so unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific or community plan.

   3. If the Board of Supervisors approves the development agreement, it shall do so by the adoption of an ordinance.

   4. After the ordinance approving the development agreement takes effect, the County may enter into the agreement.

4. Amendment or cancellation. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into an agreement. However, where the Board of Supervisors initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least thirty (30) days notice to the applicant of its intention to initiate such proceedings in advance of the public hearing by the Planning Commission.

5. Recordation of development agreement

6. The applicant shall present the written consent to the development agreement of all parties having any record title interest in the real property which is the subject of the development agreement prior to recordation of the agreement.

   2. Within ten (10) days after the Board of Supervisors enters into the development agreement, the County Clerk shall have the agreement recorded with the County Recorder. The Agreement shall describe the land subject thereto.

   3. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the Board of Supervisors terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement the County Clerk shall have notice of such action recorded with the County Recorder.

7. Periodic review

8. Time for and initiation of review:

   1. The Planning Commission shall review the development agreement every twelve (12) months from the date the agreement is entered into.

   2. The time for review may be modified by affirmative vote of at least three (3) members of the Planning Commission.

9. Notice of periodic review: The director shall begin the review proceeding by giving notice that the County intends to undertake a periodic review of the development agreement to the property owner or successor in interest. He shall give the notice at least thirty (30) days in advance of the time at which the matter will be considered by the Planning Commission.

10. Public hearing by Planning Commission: The Planning Commission shall conduct a public hearing at which time the property owner or successor in interest must demonstrate good faith compliance with the terms of the agreement.

11. Findings upon public hearing: The Planning Commission shall determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the agreement.

12. Procedure upon findings: If the Planning Commission 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.

13. If the Planning Commission 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 Planning Commission may initiate proceedings to modify or terminate the agreement.

14. The property owner may appeal a Planning Commission decision to the Board of Supervisors pursuant to the appeal procedure in the Section 15.05.020 of this Code.

15. Modification or termination 1. If upon a finding, the Planning Commission determines to proceed with modification or termination of the agreement, the director shall transmit to the Board of Supervisors all pertinent materials concerning the periodic review and a staff report setting forth the reasons for the decision by the Planning Commission.

16. Upon receipt of the Staff Report pursuant to paragraph A. above, the Board of Supervisors shall hold a public hearing on the matter scheduled and noticed as required in the appeal procedure set forth in Chapter 15.05 of this code.

    3. 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 to the action it takes as it considers necessary to protect the interests of the County. The decision of the Board of Supervisors is final.
    • (Ord. 1269 § 4, 5, 6, & 10, 2018; Ord. 1183 § 2, 2006)

15.08 Violations And Enforcement 15.08.010 General Prohibitions 15.08.020 Permit Authority Limitation 15.08.030 Enforcement 15.08.040 Recovery Of Costs

15.08.010 General Prohibitions

1. No person shall use any real property in violation of the regulations of this title applicable to the property. The erection, construction, alteration, enlargement, conversion, movement, maintenance, establishment or operation of any building, structure, facility, premises or use contrary to the provisions of this title is unlawful and a violation of this code.

2. Except as otherwise provided by law:

   1. No building, structure or facility shall be erected or placed, and no existing structure shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses listed in this title as permitted in the district in which such land, building or premises is located.

   2. No building, structure or facility shall be erected, reconstructed or structurally altered to exceed the height limit designated in this title for the district in which such building, structure or facility is located.

   3. No building, structure or facility shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any required open space be encroached upon or reduced in any except in conformity to the yard, building site and building location regulations specified in this title for the district in which such building, structure or facility or open space is located.

3. No yard or other open space provided around any building, structure or facility for the purpose of complying with the provisions of this code shall be considered as providing a yard or open space for any other building, structure or facility and no yard or other open space on one building site shall be considered as providing a year or open space for a building, structure or facility on any other building site. (Ord. 1183 § 2, 2006)

around any building, structure or facility for the purpose of complying with the provisions of this code shall be considered as providing a yard or open space for any other building, structure or facility and no yard or other open space on one building site shall be considered as providing a year or open space for a building, structure or facility on any other building site. (Ord. 1183 § 2, 2006)

15.08.020 Permit Authority Limitation 1. All county officers, departments and employees vested with the duty or authority to issue permits, licenses or other entitlement shall do so subject to the requirements of this title. No permit, license or other entitlement shall be issued or approved for any purpose or in any manner which conflicts with the provisions of this title. Any permit, license or other entitlement issued or approved in conflict with any provision of this title is null and void as of the date of issuance or approval.

2. No county officer, department or employee vested with the duty or authority to issue or approve permits, licenses or other entitlement shall do so when there is an outstanding zoning violation for which a citation has been issued pursuant to this title involving the premises to which the pending application pertains. The authority to deny shall apply whether the applicant was the occupant or owner of record at the time of such violation or whether the applicant is either the current occupant or owner of record or a purchaser of the property pursuant to a contract of sale, with or without actual or constructive knowledge of the violation at the time he or she acquired his or her interest in such real property.

3. Upon notification of a refusal to issue order prepared by an enforcement officer that such a violation exists, all departments, commissions and employees shall refuse to issue permits, licenses or entitlements involving the premises except those necessary to abate such violation. The refusal to issue order shall be rescinded when the department, commission or employee has been notified by the enforcing officer that all required work to abate the violation has been completed and has been approved by the affected department.

4. The director of the affected department may waive the provisions of this section if the director determines that health or safety hazards will result from the refusal to issue order. (Ord. 1183 § 2, 2006)

15.08.030 Enforcement 1. It shall be the duty of the director to enforce the provisions of this title. All departments, officials and public employees of the county vested with the duty or authority to issue permits shall conform to the provisions of this title and shall not willfully issue any permit or license for use, construction or purpose in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void.

2. It shall be the duty of the director to enforce Articles No. 1 and No. 2 of Chapter 7 of the State Subdivision Map Act, except Section 66499.32 (a) and (b). (Ord. 1183 § 2, 2006)

15.08.040 Recovery Of Costs

1. Purpose and intent. This chapter establishes procedures for the recovery of administrative costs, including staff time expended on the enforcement of the provisions of this title. The intent of this chapter is 2. Records. The department shall maintain records of all administrative costs, incurred by responsible county employees, associated with the processing of violations and enforcement of this title and shall rec and revised from time to time by the board of supervisors.

   3. Notice. Upon investigation and a determination that a violation of any of the provisions of this title is found to exist, the director, or any person within the department authorized by the director, shall notify department’s intent to charge the property owner for all administrative costs associated with enforcement, and of the owner’s right to a hearing on the objections thereto. The notice shall be in substantially The Glenn County planning authority has determined that conditions exist at the property at which violate Section of the County Code, to wit:

   • ____________________________________________________________________________________________________________________________________________(description of violation)

   • Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of this violation, at an hourly rate as established and adjusted You will have the right to object to these charges by filing a Request for Hearing with the Planning Commission within ten (10) days of service of the summary of charges, pursuant to Section 15.08.040.

   • 4. Summary of costs

     5. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified ma If you object to these charges you must file a Request for Hearing on the enclosed form within ten (10) days of the date of this notice.

     • IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE COUNTY FOR THESE CHARGES, TO BE RECOVERED IN Dated:______________________________

     • ____________________________ Director_

     • 2. In the event that (a) no request for hearing is timely filed or, (b) after a hearing the planning commission affirms the validity of the costs, the property owner or person in control and possession sha These costs shall be recoverable in a civil action in the name of the county, in any court of competent jurisdiction within the county.
     • 3. Any property owner, or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the planning commission on 4. A request for hearing shall be filed with the planning commission within ten days of the service by mail of the department’s summary of costs, on a form provided by the department.

2. Within thirty days of the filing of the request, and on ten-days written notice to the owner, the planning commission shall hold a hearing on the owner’s objections, and determine the validity thereo 6. In determining the validity of the costs, the planning commission shall consider whether the total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists.

3. The planning commission’s decision shall be appealable to the board of supervisors pursuant to Section 15.05.020 of this title. (Ord. 1269 § 10, 2018; Ord. 1183 § 2, 2006)

Division 15-2 Development Permits 15.09 General Provisions Division 15-2 Part 1 Ministerial Permits Division 15-2 Part 2 Minor Discretionary Permits Division 15-2 Part 3 Major Discretionary Permits 15.09 General Provisions 15.09.010 Application And Fees 15.09.020 Filing And Processing 15.09.030 Information Required 15.09.040 Waiver Of Statements Or Reports 15.09.050 Final Date Of Filing 15.09.060 Refund Of Fees 15.09.070 Reapplication For Denied Permits 15.09.080 Denial Without Prejudice 15.09.090 Reapplication For Amendment Of Permits 15.09.100 Expiration 15.09.110 Revocation/Modification 15.09.010 Application And Fees 1. Any owner or appointed representative may submit to the planning authority in writing on a form prescribed by the planning authority. Said application shall be accompanied by a fee set by resolution adopted by the board of supervisors. 2. The planning authority staff shall examine the application and all accompanying data and the tentative maps and shall accept them for processing only if all the requirements of chapter 15.09 have been met. (Ord. 1183 § 2, 2006) 15.09.020 Filing And Processing 1. The tentative map of the proposed subdivision shall be clearly and legibly drawn on sheets eighteen by twenty-six inches or twenty-four by thirty-six inches, using an engineer’s scale in all cases. 2. The applicant shall submit the following items with the application: 1. A completely filled out and signed application form; 2. A completely filled out environmental information form; 3. A title report issued within three months prior to the date of submission of the application and any necessary deeds evidencing current record title. If a deed shows a corporation as the owner, a copy of a resolution from the corporation authorizing the application shall also be submitted; 4. One reproducible (sepia or mylar) copy of the tentative map plus fifteen blueprints in the case of a tentative parcel map or twenty-five blueprints in the case of a tentative final map; 5. Filing fees; 6. Written verification from the Glenn County Health Department stating that each proposed parcel is suitable for on-site sewage disposal (or meets the provisions of Section 15.66.040 (C).) 7. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth elsewhere in this code for a tentative map except as hereinafter provided. 3. At the time a vesting tentative map is filed the applicant shall also supply the following information: 1. Height, size and location of buildings; 2. Sewer, water, storm drain and road details sufficient for plan checking and approval; 3. Information on the uses to which the building will be put; 4. Detailed grading plans; 5. Geological studies; 6. Flood control information as required by the department of public works and the building inspector; 7. Architectural plans sufficient for plan checking and approval; 8. Soil test and design information sufficient for on-site sewage disposal system permit application and approval; 9. Any other studies deemed required by the County. (Ord. 1183 § 2, 2006) 15.09.030 Information Required 1. The following information shall be shown on each tentative map: 1. Name and address of record owner or owners of the property to be subdivided, and their signed statement of consent to the preparation of the map; 2. Name and address of person or persons proposing the subdivision; 3. Name and address of the person who prepared the tentative map; 4. A site location sketch indicating the location of the property to be divided in relation to the surrounding area or region; 5. Date of preparation, current assessor’s parcel number, north arrow and scale; 6. Boundaries of proposed subdivision, showing all contiguous lands of owner; 7. The location and configuration of all existing and proposed waste disposal systems and water supplies located on the parcel or adjacent parcels as might affect the design of the land division, together with their dimensions; 8. Lines indicating the direction of the slope of the land and the approximate percent of grade, including all drainage features. Areas subject to inundation or overflow shall be so indicated; 9. The name, location and width of all existing interior, abutting and proposed streets and easements and width of existing pavement; 10. Approximate layout and approximate dimensions of each lot and the total area for each lot. Each lot shall be separately identified by number or letter or other appropriate designation; 11. The dimensions and location of any existing structures, trees or group of trees on the property; 12. The location, identification and description of known or found survey monuments on or adjacent to the sites; 13. Proposed approximate radii of all curves and approximate slopes of streets; 14. A statement of improvements to be made, including a sketch showing designed widths and street sections; 15. Indication of adjacent recorded subdivisions and known proposed subdivisions, lot lines, or any other development which will affect or be affected by this development; 16. Identify on the tentative map all adjacent road and street right-of-way widths and widths of existing pavements; 17. If it is impossible or impractical to place any of the above information upon the tentative map, such matter or information shall be submitted with the tentative map; provided, however, that all information necessary to provide a clear description of the proposed subdivision shall be on the face of the tentative map. 2. The following documents shall be submitted with each tentative map which requires a final map: 1. A copy of any condition or any restrictive reservations or covenants, existing or proposed; 2. A preliminary geologic and soil report based upon adequate test borings or excavations; and 3. A statement by a registered engineer or competent hydrologist as to flooding characteristics. This statement shall identi

wing documents shall be submitted with each tentative map which requires a final map: 1. A copy of any condition or any restrictive reservations or covenants, existing or proposed; 2. A preliminary geologic and soil report based upon adequate test borings or excavations; and 3. A statement by a registered engineer or competent hydrologist as to flooding characteristics. This statement shall identi

wing documents shall be submitted with each tentative map which requires a final map: 1. A copy of any condition or any restrictive reservations or covenants, existing or proposed; 2. A preliminary geologic and soil report based upon adequate test borings or excavations; and 3. A statement by a registered engineer or competent hydrologist as to flooding characteristics. This statement shall identify the areas subject to inundation, and the depth, velocities and duration of flow. (Ord. 1183 § 2, 2006) 15.09.040 Waiver Of Statements Or Reports 1. The public works director may, on the basis of the statements of preliminary geologic and soil reports provided for in Section 15.09.030, require a soil investigation by a registered civil engineer of any or all lots; or he may, on the basis of such reports or statements or based on knowledge of the quality of soils on the site, waive the requirement for a preliminary geologic and soil report and/or soil investigation. The public works director may also waive the requirement for a statement of flooding characteristics when, based on available knowledge of flooding characteristics, he determines that no such report or investigation is necessary. 2. An exception request may be filed, in writing, by the applicant requesting that the director examine the application and all accompanying data and the tentative maps, in place of the planning authority staff, as required in Section 15.09.010. Such an exception request shall be filed with the application. No action on the application shall be taken by the planning authority staff until the director has reviewed the application for completeness. (Ord. 1183 § 2, 2006)