Chapter 17.72 — PERMIT REVIEW PROCEDURES

A.

Permit Review Procedures. This chapter provides procedures for the final review, and approval or denial of the planning permit applications established by this development code.

B.

Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are in Article 8 (subdivision regulations and procedures).

C.

Application Filing and Initial Processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 17.70 (permit application filing and processing), for each application.

A.

Purpose. A certificate of occupancy is the procedure used by the city to verify that a proposed land use or structure complies with the list of activities allowed in the applicable zone, and the development standards that apply to the use or structure.

B.

Applicability. No vacant land in any zone shall be occupied or used except for agricultural purposes and public utility lines, and no structure shall be occupied within any zone until a certificate of occupancy has been issued.

C.

Issuing Authority. The building inspector is authorized to issue certificates of occupancy under the direction of the director.

D.

Application Required. An application for a certificate of occupancy for a new or changed use of land, a new structure, or an existing structure that has been altered or moved shall be filed with the building inspector before any land or structures shall be occupied or used.

E.

Inspection and Issuance. A certificate of occupancy shall be issued after:

Written notice that the premises are ready for use or occupancy; and

Inspection confirms that the structure or use is in compliance with this development code and other applicable regulations.

A.

Purpose. The development review permit process is intended to promote a visually attractive community; ensure that the appearance each structure will be compatible and harmonious with surrounding properties and community-wide themes; and achieve the purposes of the general plan, the municipal code, and this development code.

B.

Definitions. The following terms are defined for the purposes of this section:

"Minor and Incidental." Includes minor proposals or construction incidental to an existing project consistent with the regulations, rules, and standards for development review which are established from time to time by the council. See Section 17.74.070 (changes to an approved project) for the definition of the term "minor."

"Outdoor Use Area." An outdoor area used for the display, sale, or storage of goods, materials, or services associated with a primary land use.

C.

Applicability. The following applications and activities shall require development review in compliance with this section:

Building permits (e.g., exterior changes to the structure);

Minor use permits (only if a building permit is required);

Minor variances (only if a building permit is required);

Planned development permits;

Sign permits;

Specific plans with architectural elements;

Use permits (only if a building permit is required);

Variances (only if a building permit is required); and

Other physical improvements (e.g., landscaping, conversion to, and paving of, parking lots) that do not require a building permit.

D.

Development Review Committee (DRC).

The city's development review committee shall be comprised of the following members in compliance with Municipal Code Section 2.30.050 (development review committee - established):

a.

Three city employees including the director, the city engineer, and the fire chief, or their designees;

b.

One member of the commission appointed by the council; and

c.

One design professional under contract with the city and appointed by the council.

Review and decisions by the development review committee shall be subject to and comply with the city's design and development ordinances and guidelines then in effect.

Development review permits may be granted in compliance with Table 7-2 (development review permit authority).

TABLE 7-2 DEVELOPMENT REVIEW PERMIT AUTHORITY

Permit Review Threshold Categories DRC Commission

Duplex or multi-family unit with no more than four dwellings. —

Duplex or multi-family unit with five or more dwellings. —

Commercial, industrial, nonresidential, or office structure with less than 2,000 square feet of gross — floor area including outdoor use areas.

Commercial, industrial, nonresidential, or office structure with 2,000 square feet or greater of gross — floor area including outdoor use areas.

Addition to an existing lawfully used structure of between 1,000 and 2,500 square feet computed — on total gross floor area of the existing structure plus the area of the addition.

Addition to an existing lawfully used structure of 2,501 square feet or more, computed on total — gross floor area of the existing structure plus the area of the addition.

Replacement of existing structure of the same capacity, size, and use. —

Replacement of existing structure resulting in an increase in capacity, size, or use. —

Minor facade changes and sign permits within the Historic District, unless exempt pursuant to — Section 17.28.040. C2, and all monument signs and signs within specified areas.

Sign Exception Permits. —

Grading activities or use conversion:

Site disturbance in excess of 50 cubic yards of soil and/or more than five feet in depth when — determined by the Community Development Director and City Engineer to impact scenic resources, or significantly affect natural topographic features and vegetation.

A proposed use conversion requiring an increase in parking area as required by City ordinance, resolution, or regulation then in effect.

The Director shall determine the review authority for proposals that do not meet the threshold criteria identified above.

E.

Staff Review Exemptions. A permit for a single-family dwelling, façade changes or additions of less than one thousand square feet that comply with the city's design guidelines and are compatible with the existing architecture, or other activity deemed by the director to be minor and incidental shall be reviewed by department staff, who shall have final authority to review, and approve or deny the application in compliance with this section. See Section 17.74.070 (changes to an approved project) for the definition of the term "minor."

F.

Conceptual Development Review. The development review committee shall conduct conceptual development review for projects that are not yet formally filed, but whose applicants desire conceptual or preliminary review of their development project before filing their formal development review application. The applicant shall submit an application, fee, site plan, and elevations and the development review committee provides preliminary comments on the site plan and elevations to the applicant.

G.

Project Proposed by City or Other Governmental Agency. The development review committee shall review each building permit application (e.g., exterior changes to the structure) for a project proposed by the city, the redevelopment agency, and any other local, state, or federal agency for which review is required in compliance with Subsection C. (applicability), above. This review shall be advisory only and shall not affect the authority of the council, the redevelopment agency, or any other local, state, or federal agency, respectively, conducting the project to make any final determination regarding the project.

H.

Application Requirements. An application for a development review permit shall be prepared, filed, and processed in compliance with Chapter 17.70 (permit application filing and processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection J (findings required for approval), below.

I.

Environmental Review. A development review permit may require environmental review in compliance with the California Environmental Quality Act and the city's environmental review guidelines prior to approval.

J.

Findings Required for Approval. The approval of a development review permit shall require that the review authority first make all of the following findings:

The proposed project is consistent with the general plan and any applicable specific plan;

The proposed project is allowed within the applicable zone and complies with all other applicable provisions of this development code and the Municipal Code; and

The design, location, size, and characteristics of the proposed project are in compliance with any project- specific design standards in effect and any standards and guidelines for development review permits which may be established from time to time by the council.

K.

Final Development Review.

When the review authority for final development review completes its review, it shall approve, conditionally approve, or deny the application based on the findings in Subsection J. (findings required for approval).

A copy of the decision, findings, and any applicable conditions shall be provided to the applicant.

L.

Expiration and Extension of Approvals. Permit approval shall expire, and may be extended in compliance with Chapter 17.74 (permit implementation, time limits, and extensions).

M.

Project Changes. Changes to an approved development review permit may only be granted in compliance with Section 17.74.070 (changes to an approved project).

N.

Referrals by the Development Review Committee. If the development review committee determines that a proposed project raises issues that should be resolved by the commission and/or the council, the development review committee may suspend its consideration of the application and refer the matter to the commission and/or council for a determination.

O.

Conditions of Approval. The review authority may require conditions of approval to ensure that the project will comply with the findings required by Subsection J. (findings required for approval), above. The violation of any required condition shall constitute a violation of this section and may constitute grounds for denial of the certificate of occupancy and/or revocation of the permit.

P.

Post Review Procedures. The procedures and requirements in Chapter 17.74 (permit implementation, time limits, and Extensions), and those related to appeals and revocation in Article 9 (development code administration), shall apply following the decision on an application for a development review permit.

A.

Purpose. This section establishes procedures and standards for limited term permits for the short-term activities specified in this section. These are activities that may not comply with particular standards of the applicable zone, but may otherwise be acceptable because of their temporary nature and if reviewed and appropriately conditioned in compliance with this section.

B.

Applicability. The activities regulated by this section shall not be established, operated, or conducted in any manner without the prior approval and maintenance of a limited term permit.

C.

Review Authority. A limited term permit may be reviewed and approved or denied administratively by the director, in compliance with this section.

D.

Exempt Short-Term Activities. The following activities are allowed without a limited term permit. Subsection E. (allowed short-term activities) identifies short-term activities that may be allowed with limited term permit approval.

Construction Yards—On-Site. On-site contractor's construction yard for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever first occurs.

Emergency Shelter or Facilities. Emergency public health and safety needs/land use activities, as determined by the council.

Fund-Raising Community Events or Car Washes.

a.

Community events (e.g., bake sales, yard sales, etc.) conducted on property within a commercial, industrial, or institutional zone, limited to a maximum of two days for each sponsoring organization.

b.

Car washes conducted on property within a commercial, industrial, or institutional zone, limited to a maximum of two days per month for each sponsoring organization.

c.

Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

Garage Sales. See Municipal Code Section 5.44.010.

Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards:

a.

The sales office and any off-street parking shall be converted back to residential use and/or removed before the issuance of the final occupancy permit or within fourteen days from the sale of the last parcel in the subdivision, whichever first occurs.

b.

The model home complex shall be used to sell only units within the subdivision within which the complex is located.

c.

Model home permits will be finalized and the model homes will be allowed to be open to the public only after all subdivision improvements are completed and accepted by the city.

d.

Model home sign permits will be issued only after all subdivision improvements are completed and accepted by the city.

e.

The review authority may require other conditions of approval deemed reasonable and necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.

Public Property or Public Right-of-Way. Activities conducted on public property that are authorized by an encroachment permit, if required.

Public Parks. Activities conducted within public parks which are subject to the issuance of a permit from the parks and recreation department.

Temporary Occupancy During Construction.

a.

Major Development Projects. A temporary structure and property may be used during the construction phase of an approved major development project (e.g., residential projects with five or more dwelling units or any commercial or industrial project). The structure or property may be used as offices or for the storage of equipment and/or tools; provided, the temporary structure is located within the city.

b.

Minor Development Projects. An existing dwelling unit or a temporary structure and property may be used during the construction phase of an approved minor development project (e.g., residential projects with four or fewer dwelling units). The structure or property may be used as a temporary residence, an office, or for the storage of equipment and/or tools.

c.

Appropriate Operating Criteria. Operation of the use shall comply with the following criteria:

(1)

Proper provisions for adequate and safe ingress and egress;

(2)

All work shall be performed on-site;

(3)

Proper storage of asphalt, concrete, and dirt at designated sites within the subject property; provided, the applicant furnishes a schedule, acceptable to the director, for the periodic disposal or recycling of these materials;

(4)

Proper provisions designed to minimize potential conflicts between the work to be performed on-site and the ordinary business and uses conducted within the city;

(5)

All work areas shall be kept in an orderly, clean, and safe condition; and

(6)

Only one temporary structure (e.g., trailer) may be placed on-site.

d.

Duration of Use. The use may operate for up to twelve months following the issuance of the companion Building Permit, or upon completion of the subject development project, whichever first occurs.

e.

Condition of Site Following Completion. All temporary structure and related improvements shall be completely removed from the subject site following expiration of the twelve-month period or within thirty days of completion of the development project, whichever first occurs.

E.

Allowed Short-Term Activities. A limited term permit may authorize the following short-term activities within the specified time limits, but in no event for more than twelve months. Other activities that are proposed to occur for no more than twelve months, but do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.

Construction Yards—Off-Site. Off-site contractors' construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever first occurs.

Events. Art and craft exhibits, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, religious revivals, rummage sales, secondhand sales, swap meets, and other special events for up to five consecutive days, or four two-day weekends, within a twelve-month period, allowed only on nonresidentially zoned properties.

Fund-Raising Community Events or Car Washes.

a.

Community events (e.g., bake sales, yard sales, etc.) conducted on property within a commercial, industrial, or institutional zone, limited to a maximum of four days for each sponsoring organization.

b.

Car washes conducted on property within a commercial, industrial, or institutional zone, limited to a maximum of four days per month for each sponsoring organization.

c.

Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the director, but not to exceed one hundred eighty days.

Model Homes. A model home or model home complex which exceeds any of the criteria identified in Subparagraph D.5. (model homes), above.

Seasonal Sales Lots. Seasonal sales activities (e.g., Christmas tree lots, fireworks booths, Thanksgiving pumpkins, etc.) including temporary residence/security trailers, on non-residentially zoned properties, for up to thirty days.

Temporary Occupancy During Construction. Temporary structures and property may be used during the construction phase of an approved development project exceeding any of the criteria identified in Subparagraph D.8. (temporary occupancy during construction), above, in compliance with the following:

a.

Length of Permit. The permit may be approved for up to eighteen months following the issuance of the companion building permit, or upon completion of the subject development project, whichever first occurs.

b.

Extension of Permit. The permit may be extended by the director if a written request for extension is submitted before expiration of the permit and reasonable reasons are provided by the applicant to justify the requested extension (e.g., the delay was caused by reasons beyond the control of the applicant). The permit may be extended for up to an additional eighteen months.

Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved subdivision, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of twelve months from the date of approval.

Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of twelve months from the date of approval, as an accessory use or as the first phase of a development project.

Temporary Vendor Carts/Stands. A temporary cart or stand may be used for the outdoor sales of food and beverages (e.g., fruit, hot dogs, ice cream) and merchandise, when conducted in compliance with the following standards:

a.

For the purposes of this section the following terms shall have the following definitions:

(1)

Itinerant vendor shall mean and include:

(a)

Any person who has no established place of business within the city and who is engaged in transient business, traveling from place to place for the purpose of selling any goods, merchandise, services, or wares, or for the purpose of taking orders for the sale of any goods, merchandise, services, or wares to be delivered or performed at some future time and date; and

(b)

Any person who has obtained the proper city licenses, permits, and private permission to engage in a transient business in one location or set up a temporary location for the purpose of selling any goods, merchandise, services, or wares, or for the purpose of taking orders for the sale of any goods, merchandise, services, or wares to be delivered or performed at some future time and date.

(2)

Street vendor shall mean and include any person who will stand or park any cart or stand from which fruits, goods, merchandise, vegetables, wares, or food stuffs are sold, displayed, or offered for sale.

b.

The cart or stand may only operate within the confines of private courtyards, patios, plazas, interior gardens, or in parking lots if the applicant and property owner can demonstrate that the cart or stand will not impact parking, and shall complement and enhance the shopping center's retail environment and enliven the streetscape within commercial zones of the city.

c.

The cart or stand may only operate within the commercial zones within the city.

d.

Only one cart or stand shall be allowed within a single shopping center.

e.

The permit for the cart or stand may be approved for up to twelve months. The permit may be extended by the director if a written request for extension is submitted before expiration of the permit. The permit may be extended for up to an additional twelve months.

f.

The cart or stand vendor may only operate in compliance with the following limitations. Except as otherwise provided in this section, no vendor shall operate within the city:

(1)

Between the hours of 7:00 p.m. and 11:00 a.m. daily;

(2)

Within one thousand feet of any park, playground, public recreation facility, or school property;

(3)

Within fifty feet of any public street intersection;

(4)

In a manner which constitutes a violation of California Vehicle Code Section 22400 and 22507;

(5)

In a city parking lot; or

(6)

Within the downtown historic district, unless associated with a seasonal event authorized by a limited term permit issued in compliance with this section.

g.

The provisions of this subsection shall not apply to persons delivering articles upon order of or by agreement with a customer from a store or other fixed place of business or distribution.

h.

Each cart or stand shall be freestanding, non-motorized, portable, and limited to the sale of beverages, food, and other like merchandise.

i.

Each cart or stand shall be approved individually as to its design and aesthetic characteristics, location, and size, including signs.

j.

A business license to operate the cart or stand shall be obtained from the city.

k.

No cart or stand, nor a portion of a cart or stand, shall be located within the public right-of-way, nor impede the normal use of circulation aisles or driveways, nor be located in a manner that encourages customers to

stop in the circulation aisle, driveway, or street to obtain vendor service.

l.

The vendor shall be responsible to ensure that the cart or stand, and the area around the cart or stand, shall be kept in a clean, neat, orderly, safe, and sanitary condition at all times.

m.

Each cart or stand operating under the provisions of this subparagraph and in compliance with the permit issued under this section shall be equipped with a trash receptacle of a size sufficient to accommodate all of the trash and refuse generated by its vending activities.

n.

All signs associated with the cart or stand shall be in compliance with Chapter 17.38 (signs).

o.

The vendor shall display the permit on their person at all times while engaged in any vending activities.

p.

The director may require the vendor to post a cash bond or other surety acceptable to the director to ensure compliance with any or all of the conditions identified in this subparagraph. The posting shall be in compliance with Section 17.74.050 (performance guarantees).

Temporary Work Trailers. A trailer or mobile home used as a temporary work site for employees of a business, provided that:

a.

The use is authorized by a building permit for the trailer or mobile home, and the building permit for the permanent structure;

b.

The use is appropriate because:

(1)

The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of twelve months; or

(2)

The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of twelve months, while a permanent work site is being obtained.

c.

The trailer or mobile home is removed before final building inspection or concurrently with the issuance of a certificate of occupancy for the permanent structure.

Similar Short-Term Activities. A short-term activity that the director determines is similar to the other activities listed in this subsection, and compatible with the applicable zone and surrounding land uses.

F.

Development Standards. The director shall establish standards based on the type of short-term activity, using the requirements of the applicable zone for guidance.

G.

Application Requirements. An application for a limited term permit shall be prepared, filed, and processed in compliance with Chapter 17.70 (permit application filing and processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection I. (findings required), below.

H.

Project Review, Notice, and Hearing. Before a decision on a limited term permit, the city shall provide notice in compliance with Chapter 17.92 (public hearings).

Public Notice. The notice shall state that the director will decide whether to approve or deny the limited term permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

If Hearing is Requested. If a public hearing is requested, the director shall schedule the hearing which shall be noticed and conducted in compliance with Chapter 17.92 (public hearings).

If No Hearing is Requested. If no public hearing is requested, the director shall render a decision on the date specified in the notice referred to in Subsection H.1, above.

I.

Findings Required. The approval of a limited term permit shall require that the director first find that the proposed short-term activity complies with all applicable requirements of this section.

J.

Post Review Procedures. The procedures and requirements in Chapter 17.74 (permit implementation, time limits, and extensions), and those related to appeals and revocation in Article 9 (development code administration), shall apply following a decision on a limited term permit application.

Site Condition Following Short-Term Activity. Each site occupied by a short-term activity shall be cleaned of debris, litter, or other evidence of the short-term activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this development code. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished.

Performance Security for Temporary Structures. Before issuance of a limited term permit the applicant shall provide performance security in a form and amount acceptable to the director to guarantee removal of all temporary structures within thirty days following the expiration of the limited term permit.

Performance Security Requirements. Any required performance security shall be furnished to the city in compliance with Section 17.74.050 (performance guarantees).

A.

Purpose. The planned development permit process is intended to provide for flexibility in the application of development code standards to proposed development under limited and unique circumstances. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the development code standards would produce without adjustment. The city expects each planned development permit project to be of obvious, significantly higher quality than would be achieved through conventional design practices and standards. Planned development permits are subject to the review and interpretation of the community development director.

B.

Applicability.

Minimum Site Area. Planned development permit approval may be requested for a residential, commercial, industrial, and/or mixed-use development on a site larger than one acre.

Timing of Permit. No building or grading permit shall be issued on a site for which a planned development permit is proposed until the planned development permit has been approved in compliance with this section.

Scope of Approval.

a.

Planned development permit approval by the commission, or the council on appeal, may adjust or modify, where determined by the review authority to be necessary and justifiable, any applicable development standard of this development code (e.g., parcel size, parking, setbacks, street layout, structure height, etc.); provided, the approval shall not authorize a land use that is not allowed in the applicable zone by Article 2 (zones, allowable land uses, and zone standards).

b.

A project proposing increased residential density may only be approved by the council in compliance with Chapter 17.32 (affordable housing density bonuses and incentives).

C.

Application Requirements. An application shall be prepared, filed, and processed in compliance with Chapter 17.70 (permit application filing and processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (commission's action), below.

Development or Site Plan Required. Each planned development permit application shall be accompanied by a development or site plan for the entire area of the proposed planned development showing the material specified in Subsection 17.70.040B. (application contents) and describing exactly how the proposed project addresses the following items:

a.

If provision of affordable workforce housing units and a mix of housing types is proposed, then the applicant shall identify the location of all housing units, either attached or detached, which will be available for sale to low-to-moderate income families of Nevada County in compliance with Chapter 17.32 (affordable housing density bonuses and incentives). The applicant shall also provide evidence of how the housing unit types have been mixed and integrated within the proposed project.

b.

Integration of community design principles of the general plan. The applicant shall identify how the project integrates the city's community design principles as the clustering, grouping, or mixing of uses, protecting important natural features, and providing internal pedestrian and bicycle connectivity.

c.

Future transportation/infrastructure needs and current project-related deficiencies. The applicant shall provide an evaluation of how the project addresses and mitigates any existing transportation/infrastructure deficiencies in its immediate area of the community. The evaluation shall also show how the project will

address any new demand placed on the city's transportation/infrastructure system through the provision of any on-site and off-site mitigation.

d.

Future park/recreation facility needs and maintenance costs. The application shall identify all proposed park, recreation, or open space amenities proposed for the project and describe how the features meet the park and recreation goals of the general plan. For all park, recreation, or open space amenities shown on the plan, the applicant shall provide a financing mechanism to cover projected maintenance costs.

e.

Consistency with general plan policies and sphere of influence plan. The application shall state how the proposed project is consistent with the goals and objectives of the general plan and sphere of influence plan. If the project is found to be inconsistent with any goal or policy, the applicant shall provide rationale or evidence of why an exception is warranted.

Additional Requirements for Planned Development Permits Involving Annexation. For any planned development permit that involves an annexation to the city, the following application procedures shall be completed before the city is able to deem the application complete.

a.

Definition of annexation boundaries, phasing, and rate of growth. For all applications involving an annexation, the applicant shall define and provide rationale for how the annexation boundaries were formed, how the project would be phased, and an estimated rate of growth for all development types. The description of the phasing plan shall reference the timing for initiating any site disturbance or grading, installation of infrastructure, construction of any public amenities (e.g., open space, parks, schools, etc.), and development of all uses shown on the development or site plan.

b.

For annexation applications that are not contiguous to the city limits. For all annexation applications that are not contiguous to the city limits:

(1)

The applicant shall request a review of the annexation boundaries by the council in which the boundaries would be evaluated against the city sphere of influence plan, city master utility plans, and the provision of public services. The council would provide direction as to the boundaries of annexation, public service issues that should be addressed as part of the application, and the timing or appropriate phasing of the annexation; and

(2)

The application shall contain written confirmation of at least fifty-one percent of the registered voters of the intervening parcels of their support or non-opposition of the annexation.

c.

For annexation applications that are entirely outside of the five-year time horizon.

(1)

For annexation applications that are located entirely outside of the immediate five-year time horizon as specified by the city's sphere of influence plan, the application shall be deferred unless authorized by resolution of the council with concurrence of the Nevada County Local Agency Formation Commission (LAFCo).

(2)

To initiate a review by the council of the proposal and its alteration to the sphere of influence plan, a written request shall be filed with the city.

(3)

The council may elect to support the application with conditions which involve revising the annexation boundaries, mitigating public service demands, and establishing the timing or appropriate phasing.

(4)

A request for an exception to this procedure may be made to the council and granted based on the following:

(a)

The project's consistencies with general plan goals, the city sphere of influence plan, city master utility plans, and the provision of public services;

(b)

The property is presently developed, contiguous to the city, and seeks city services; or

(c)

The project demonstrates a significant community or public benefit as evidenced by its design, ability to resolve an infrastructure deficiency, or provide an improvement of community-wide benefit.

d.

Fiscal impact analysis required. For all annexations, the applicant shall be required to prepare a fiscal impact analysis of the entire annexation area.

e.

Economic/market analysis required. For all annexations proposing a change in the land use designations or mix established for the property by the general plan in the amount of twenty percent or more of its acreage or density, the applicant shall be required to prepare an economic/market analysis that verifies that the project will not impact the existing tax base, jobs/housing balance, and regional market demand.

D.

Review Authority. A planned development permit may be granted by the commission.

E.

Project Review, Notice, and Hearing.

Application Review. Each planned development permit application shall be analyzed by the director to ensure that the application is consistent with the purpose and intent of this section. The director shall submit a staff report and recommendation to the commission for their consideration.

Environmental Review. Each proposed planned development permit shall require environmental review in compliance with the California Environmental Quality Act (CEQA) and the City's Environmental Review Guidelines.

Public Hearing. The commission shall conduct a public hearing on an application for a planned development permit before the approval or denial of the permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.92 (public hearings).

F.

Commission's Action. Following a public hearing, the commission may approve or deny a planned development permit, and shall record the decision and the findings upon which the decision is based.

Required Findings. Planned development permit approval shall require that the commission first make all of the following findings:

a.

The project is consistent with the general plan and any applicable specific plan, and allowed within the applicable zone;

b.

The project complies with all applicable requirements of this development code other than those modified by the planned development permit;

c.

The approved modifications to the development standards of this development code are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of any identified environmental impacts;

d.

The project complies with all applicable provisions of the city's design guidelines;

e.

The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;

f.

The planning concepts and design features of the project are reasonably suited to the characteristics of the site and the surrounding neighborhood;

g.

The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the general plan;

h.

The site is adequate for the project in terms of size, shape, topography, and circumstances;

i.

The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;

j.

The project meets standards of density of dwelling units, light and air, open space, and pedestrian and vehicular circulation which are similar to those required by the regulations of the zone in which the development is located; and

k.

The project permanently establishes undisturbed or replanted land as open space in compliance with the general plan.

Conditions of Approval. In approving a planned development permit, the commission may require conditions of approval to ensure that the project will comply with the findings required by Subparagraph F.1 (required findings), above. The violation of any required condition shall constitute a violation of this section and may constitute grounds for denial of the certificate of occupancy and/or revocation of the permit.

G.

Time Limit and Expiration.

A planned development permit may specify a development completion period acceptable to the commission.

If a time limit is not specified in the permit, the development completion period shall not exceed two years, or the total extensions granted to other associated entitlements (e.g., tentative map) by the city in conjunction with the planned development permit, whichever first occurs.

If construction of the project has not been completed within the required time limit identified in Subparagraphs 1. or 2., above, the planned development permit shall automatically be terminated and deemed void, with no further action required by the city.

H.

Planned Development Permit Amendment.

Commission Action on Requested Changes. A requested amendment to the planned development permit, other than those allowed by Subparagraph 3., below, shall be submitted to the commission for review and approval following the same review notice and hearing procedures as for the original approval.

Added Conditions. When considering an amendment to the planned development permit, the commission may, as a condition of approval, impose added changes or conditions to the amendment as it deems reasonable and necessary to carry out the purpose and intent of the original planned development permit and this section.

Minor Changes by Director. Minor changes in the planned development permit which do not involve an increase in structure area, an increase in the number of dwelling units, or a change of use may be approved by the director in compliance with Section 17.74.070 (changes to an approved project).

I.

Post Review Procedures. The procedures and requirements in Chapter 17.74 (permit implementation, time limits, and extensions), and those related to appeals and revocation in Article 9 (development code administration), shall apply following a decision on a planned development permit application.

(Ord. No. 818, § 3(Exh. A), 9-13-2022)

A.

Purpose. A use permit or minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Guarantees to ensure compliance with the terms and conditions of the permit may be required by the review authority in compliance with Section 17.74.050 (performance guarantees).

B.

Applicability. A use permit or minor use permit is required to authorize proposed land uses identified by Article 2 (zones, allowable land uses, and zone standards) as being allowable in the applicable zone subject to the approval of a use permit or minor use permit.

C.

Review Authority.

Use Permits. Use permits shall be approved or denied by the commission.

Minor Use Permits.

a.

Minor use permits shall be approved or denied by the director.

b.

The director may choose to refer any minor use permit application to the commission for hearing and decision.

D.

Application Requirements. An application for a use permit or minor use permit shall be prepared, filed, and processed in compliance with Chapter 17.70 (permit application filing and processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (findings required), below.

E.

Project Review, Notice, and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this development code.

Use Permits. The commission shall conduct a public hearing on an application for a use permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.92 (public hearings).

Minor Use Permits. Before a decision on a minor use permit, the city shall provide notice of a public hearing in compliance with Chapter 17.92 (public hearings).

a.

Public Notice. The notice shall state that the director will decide whether to approve or deny the minor use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

b.

If Hearing is Requested. If a public hearing is requested, the director shall schedule the hearing which shall be noticed and conducted in compliance with Chapter 17.92 (public hearings).

c.

If No Hearing is Requested. If no public hearing is requested, the director shall render a decision on the date specified in the public notice referred to in Subparagraph 2.a., above.

F.

Findings Required. Use permit or minor use permit approval shall require that the review authority first make all of the following findings:

The proposed use is consistent with the general plan and any applicable specific plan;

The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this development code and the Municipal Code;

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity; and

The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the density, intensity, and

type of use being proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located.

G.

Conditions of Approval. In approving a use permit or minor use permit, the review authority may impose conditions of approval to ensure that the project will comply with the findings required by Subsection F. (Findings required), above. The violation of any required condition shall constitute a violation of this section and may constitute grounds for denial of the certificate of occupancy and/or revocation of the permit.

H.

Post Review Procedures. The procedures and requirements in Chapter 17.74 (permit implementation, time limits, and extensions), and those related to appeals and revocation in Article 9 (development code administration), shall apply following a decision on a use permit or minor use permit application.

A.

Purpose. The variance and minor variance provide a process for city consideration of requests to waive or modify certain standards of this development code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zone.

B.

Applicability. A variance or minor variance may be granted to waive or modify any requirement of this development code except: allowed land uses; residential density; specific prohibitions (for example, prohibited signs), or procedural requirements.

C.

Review Authority.

Variance. A variance application shall be reviewed, and approved or denied by the commission.

Minor Variance. A minor variance application shall be reviewed, and approved or denied by the director.

a.

The director may grant a minor variance to reduce any of the requirements of this development code identified in Table 7-3, below.

TABLE 7-3 ALLOWABLE MINOR VARIANCES

Types of Minor Variances Allowed Maximum Adjustment

b.

The director may choose to refer any minor variance application to the commission for hearing and decision.

D.

Application Requirements. An application for a variance or minor variance shall be filed and processed in compliance with Chapter 17.70 (permit application filing and processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (findings required), below.

E.

Project Review, Notice, and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with this section, and all other applicable requirements of this development code.

Variance. The commission shall conduct a public hearing on an application for a variance before a decision. notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.92 (public hearings).

Minor Variances. Before a decision on a minor variance, the city shall provide notice of a public hearing in compliance with Chapter 17.92 (public hearings).

a.

Public Notice. The notice shall state that the director will decide whether to approve or deny the minor variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

b.

If Hearing is Requested. If a public hearing is requested, the director shall schedule the hearing which shall be noticed and conducted in compliance with Chapter 17.92 (public hearings).

c.

If No Hearing is Requested. If no public hearing is requested, the director shall render a decision on the date specified in the public notice referred to in Subparagraph 2.a., above.

F.

Findings Required.

General Findings. Variance or minor variance approval shall require that the review authority first make all of the following findings:

a.

There are special circumstances applicable to the property, including location, shape, size, surroundings, and topography, so that the strict application of this development code deprives the property of privileges enjoyed by other property in the vicinity and within the same zone;

b.

The approval of the variance or minor variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zone; and

c.

The granting of the application will not authorize an activity or use which is not otherwise expressly authorized by the zone governing the parcel of property for which the application is made.

Findings for Off-Site Parking Variance. The approval of a variance to allow some or all of the parking spaces required for a nonresidential project to be located off-site, or to allow in-lieu fees or facilities instead of the required on-site parking spaces, shall require that the review authority first make both of the following findings in compliance with Government Code Section 65906.5, instead of those required by Subsection F.1, above.

a.

The variance will be an incentive to, and a benefit for, the nonresidential development; and

b.

The variance will further facilitate access to the nonresidential development by users of public transit facilities, and other modes of transportation (e.g., guideway facilities).

Finding for Reasonable Accommodation. The review authority may also grant a variance or minor variance to the site planning or development standards of this development code in compliance with this section, based on the finding that the variance or minor variance is necessary to accomplish a reasonable accommodation of the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA).

G.

Conditions of Approval. In approving a variance or minor variance, the review authority may impose conditions of approval to ensure that the project will comply with the findings required by Subsection F. (Findings required), above. The violation of any required condition shall constitute a violation of this section and may constitute grounds for denial of the certificate of occupancy and/or revocation of the permit.

H.

Post Review Procedures. The procedures and requirements in Chapter 17.74 (permit implementation, time limits, and extensions), and those related to appeals and revocation in Article 9 (development code administration), shall apply following a decision on a variance or minor variance application.