Plumas County Municipal Code Art. 2 Modifications

The purpose of modification of the development standards is to provide for an opportunity to modify the standards in order to achieve unique design objectives, to enhance density transfers, to optimize the environmental features of a site, or to preclude adverse economic, social, or environmental effects.

(§ 1, Ord. 87-662, eff. June 4, 1984)

(a) Planned developments.

(1) The modification of development standards may be permitted pursuant to a planned development permit, as provided in Article 7 of Chapter 2 of this title, if justified to achieve an integrated plan which:

(i) Accomplishes a common interest development; or

(ii) Reduces adverse social or environmental impacts.

(2) In granting a modification of development standards, the grantor shall make the following findings:

(i) That the modification is consistent with the General Plan;

(ii) That the modification is justified to achieve an integrated plan which precludes adverse social or environmental effects; and

(iii) that the modification is not socially, economically or environmentally incompatible with the surrounding area;

(iv) If any exceptions from the provisions of this Code which implement the SRA Fire Safe Regulations are requested, that the requirements of Section 9-9.202 of Article 2 of Chapter 9 of Title 9 of this Code will be met.

(b) Modification permits.

(1) Use of. The modification of development standards may be permitted for developments which are not subject to issuance of a planned development permit under a modification permit.

(2) Applications. Any person seeking the issuance of a modification permit shall file a request with the Planning and Development Agency and shall appear before the Zoning Administrator presenting evidence of the following:

(i) That the modification is consistent with the General Plan;

(ii) That the modification is justified to achieve an integrated plan which precludes adverse economic, social or environmental effects;

(iii) That the modification is not socially, economically or environmentally incompatible with the surrounding area; and

(iv) That the owner of the property concurs in the request, if the applicant is other than the owner, and that the owner will be a party, with ultimate responsibility for the modification, if granted;

(v) If any exceptions from the provisions of this Code which implement the SRA Fire Safe Regulations are requested, that the requirements of Section 9-9.202 of Article 2 of Chapter 9 of Title 9 of this Code will be met.

(3) Processing time.

(i) The Planning Director shall determine if an application is complete within thirty (30) days after the receipt of the application.

(ii) If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.

(iii) Upon completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.

(4) Investigations. The Zoning Administrator shall investigate each application for a modification permit to assure that the proposal in each application is consistent with the intent and purpose of the provisions of this chapter.

(5) Hearings.

(i) Scheduling. The Zoning Administrator shall hold a public hearing on each application for a modification permit and shall give notice of hearing as set forth in Article 11.5 of Chapter 2 of this title.

(ii) Findings. The Zoning Administrator shall issue findings and file them with the Planning Director. The applicant shall be notified of such findings not later than five (5) days after their issuance.

(iii) Conditions. The Zoning Administrator, in approving a modification permit, may require certain conditions under which the modification shall be allowed, which conditions shall prevent material damages to adjacent properties and shall provide suitable safeguards to ensure that the modification shall be consistent with the General Plan; ensure that the modification achieves an integrated plan which precludes adverse economic, social or environmental effects; and that the modification is socially, economically and environmentally compatible with the surrounding area.

(6) Revocation.

(i) Institution. Failure to comply with any condition imposed or misrepresentation by the applicant in the issuance of a modification permit shall result in the institution of revocation procedures by the Planning Director.

(ii) Hearings.

(aa) Notices. The Planning Director shall schedule a public hearing before the Board with notice given as set forth in Article 11.5 of Chapter 2 of this title and given by certified mail to the person to whom the modification permit was issued.

(ab) Revocation. The Board may revoke such permit or modify the original conditions for failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the modification permit. The abatement and removal of facilities, if required by such revocation, shall be at the expense of the permittee.

(§ 1, Ord. 87-662, eff. June 4, 1987, as amended by § 1, Ord. 89-719, eff. November 2, 1989, § 1, Ord. 91-762, eff. October 3, 1991, and Exh. A, § 8, Ord. 873, eff. October 31, 1996)