Modoc County Municipal Code Ch. 18.120 Site Plan Review

The purpose of site plan review is to assure consistency of all development with the provisions of this title, the general plan, and any applicable specific plan.

(Ord. 236-73 Exh. A(part), 1991)

Site plan review shall be conducted for all land use entitlements requiring site plan review as specified by this title, as provided in this chapter. Every application for a building permit to construct, reconstruct, relocate, erect, place, enlarge, or extend a building or structure, or to alter or otherwise modify a building or structure for the purpose of changing the use thereof, shall require site plan review. Site plan review, and any action, condition, determination, or appeal relating to site plan review, is determined to be an administrative action and does not require public notice and hearing.

(Ord. 236-73 Exh. A(part), 1991)

A. Form and contents: Each application for a permit, building permit, or entitlement requiring site plan review shall include (1) a detailed site plan, drawn to scale, showing the existing and proposed uses, buildings, improvements, and other development of the entire lot, including parking, setbacks, heights, and yards, easements, roads and any other information required to determine compliance with this title, and (2) applicable fees.

B. Completeness: Within thirty days of receiving an application, the planning department shall provide the applicant with written notice of any deficiencies. Each resubmittal shall again commence the review and submittal procedures described in this subsection. Failure of the applicant to respond within thirty days to any written notice that the application is incomplete, or to any request to amplify, clarify, correct, or otherwise supplement the application, shall be deemed to be an abandonment of the application and no further action shall be taken on it. The applicant may, within ten days of receiving a notice of deficiency, appeal the determination of the planning department to the planning commission, and subsequently the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060.

(Ord. 236-73 Exh. A(part), 1991)

Within twenty days after accepting an application as complete, the planning director shall determine its compliance with the provisions of this title, the general plan, and any applicable specific plan, and shall the approve, approve subject to conditions, or deny the application. Any conditions imposed shall be limited to (1) terms, conditions, or modifications to the project to conform it to the provisions of this title, the general plan, or any applicable specific plan, and (2) the recording of a document, on a form prescribed by the planning director and approved by county counsel, in the office of the county recorder, providing notice of terms or conditions of the land use entitlement.

(Ord. 236-73 Exh. A(part), 1991)

Any interested person may appeal the decision of the planning director as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060. The planning commission shall not grant any approval that would otherwise require a use permit, variance or administrative permit without the proper application and procedures for such. The decision of the commission shall be final.

(Ord. 236-73 Exh. A(part), 1991)

A. No building permit, mobilehome installation permit, or other permit issued by the county for any entitlement for which site plan review is required shall be issued or used until the site plan has been approved, revised to conform with the conditions of approval, and finally approved, or unless and until any appeal results in an approved site plan. No building permit, mobilehome installation permit, or other entitlement requiring site plan review shall be issued which is not in conformance with the approved site plan.

B. Every approved site plan expires and becomes null and void within one year from the date of approval, or affirmation of approval upon appeal, without any further action by the county, unless a building permit or entitlement for the proposed activity, use, or building has been legally issued and the building, use, or activity has been substantially commenced prior to the expiration date, or the permittee shows that conditions beyond the control of the applicant prevented substantial progress. Such declaration by the applicant shall be submitted to the planning director prior to the expiration date. Within thirty days the director shall make a decision and provide written notice thereof to the applicant who may appeal the decision of the planning director as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060. The decision of the planning commission shall be final.

(Ord. 236-73 Exh. A(part), 1991)