§ 1500-25

All permit applications, public noticing, reviews, appeals, effective dates and other requirements shall be consistent with this chapter; Article 22 Permit Application and Completeness; Article 23, Review, Actions and Appeals; and Article 24 Post Action Procedures.

(Ord. of 6-28-2022)

All actions involving Zoning Clearances, Administrative Permits, Design Reviews and Minor Design Reviews, Use Permits and Use Permit Amendments, Zoning Code Amendments, General Plan Amendments, Specific Plans, and Development Agreements shall be required to make a flood protection finding in either subsection A or B, depending on location. The inability to make one of the findings is grounds for denial of an application:

A.

Urban Level of Flood Protection Finding.

1.

A ULOP finding is required when all of the following four location conditions are met:

a.

It is located within an urban area with 10,000 residents or more, or an urbanizing area that is planned or anticipated to have 10,000 residents or more within the next ten years (as defined in California Government Code section 65007);

b.

It is located within a flood hazard zone that is mapped as either a special hazard area or an area of moderate hazard on FEMA's official Flood Insurance Rate Map (FIRM) for the National Flood Insurance Program (NFIP);

c.

It is located within an area of potential flooding depth above 3.0 feet from sources of flooding other than local conditions that may occur anywhere in a community; and

d.

It is located within a watershed with a contributing area of ten or fewer square miles, as determined by the County.

2.

If all four of the conditions in subsection (1) are met, the Approving Authority shall make one of the following findings related to an urban level of flood protection:

a.

The facilities of the State Plan of Flood Control or other flood management facilities provide the required urban level of flood protection to the property, development project or subdivision.

b.

The County has imposed conditions on the property, development project or subdivision that are sufficient to provide the required urban level of flood protection.

c.

The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas, to be achieved by 2025.

d.

The property in an undetermined risk area has met the urban level of flood protection.

B.

National FEMA Standard of Flood Protection Finding. A national FEMA standard of flood protection finding is required when both of the following location conditions, in subsection (1) below, are met and the Approving Authority makes one of the three findings in subsection (2) below.

1.

A FEMA finding is required when both of the following location conditions are met:

a.

It is located outside of an urban area or urbanizing area; and

b.

It is located within a flood hazard zone that is mapped as either a special hazard area or an area of moderate hazard on FEMA's official FIRM for the NFIP.

2.

If both of the conditions are met, the Approving Authority shall make one of the following findings related to the national FEMA standard of flood protection:

a.

The facilities of the State Plan of Flood Control or other flood management facilities provide the national FEMA standard of flood protection to the property, development project or subdivision.

b.

The County has imposed conditions on the property, development project or subdivision that are sufficient to provide the national FEMA standard of flood protection.

c.

The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the national FEMA standard of flood protection.

(Ord. of 6-28-2022; Ord. No. 1720, § 1, 5-14-2024)

1500-25-030 - Zoning Clearance

A.

Purpose. A Zoning Clearance is a ministerial action that enables the County to ensure that a proposed use or development complies with the Zoning Code, list of development standards applicable to the use or structure, and the General Plan. Approval does not requires a public hearing.

B.

Applicability. Approval of a Zoning Clearance is required for uses or developments specifically identified in Part 2, District Specific Regulations, and/or any other section of this Zoning Code that requires a Zoning Clearance.

C.

Approving Authority. The Director, or their designee, shall approve or deny an application for a Zoning Clearance consistent with the requirements of Table 1500-23-1. When a Zoning Clearance is submitted in

conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application.

D.

Appeal. Any appeal of a Zoning Clearance, in whole or in part, shall be consistent with the requirements of Table 1500-23-1.

E.

Required Findings. The Approving Authority shall make all of the following findings to approve a Zoning Clearance. The inability to make one or more of the findings is grounds for denial of an application:

1.

The proposed use and/or development is consistent with the General Plan, any applicable specific plan, the development standards, this Zoning Code, and all County Codes; and

2.

The proposed use and/or development provided for by the Zoning Clearance adheres to the development standards applicable to the use or development, is allowed within the applicable zoning district, and complies with all other relevant provisions of the Zoning Code; and

3.

Approval of the Zoning Clearance will not be detrimental to the health, safety, and general welfare of persons residing or working in the area, nor be detrimental or injurious to property and improvements in the area or to the general welfare of the County.

(Ord. of 6-28-2022; Ord. No. 1720, § 2, 5-14-2024)

1500-25-035 - Administrative Permit

A.

Purpose. An Administrative Permit is a discretionary action that enables the County to ensure that a proposed use or development complies with the Zoning Code and General Plan, and it provides for the public's health, safety and general welfare. Approval does not require a public hearing.

B.

Applicability. Approval of an Administrative Permit is required for uses or developments specifically identified in Part 2, District Specific Regulations, and/or any other section of this Zoning Code that requires an Administrative Permit.

C.

Approving Authority. The Director, their designee, or staff shall approve, conditionally approve using existing adopted standards, or deny an application for an Administrative Permit consistent with the

requirements of Table 1500-23-1. When an Administrative Permit is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application.

D.

Appeal. Any appeal of a denial of an administrative permit, in whole or in part, shall be consistent with the requirements of Table 1500-23-1.

E.

Required Findings. The Approving Authority shall make all of the following findings to approve an Administrative Permit. The inability to make one or more of the findings is grounds for denial of an application:

1.

The proposed use is consistent with the General Plan, any applicable specific plan, and this Zoning Code:

2.

The proposed use is allowed within the subject zoning district and complies with all other applicable provisions of the Zoning Code and the County Code;

3.

The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;

4.

The proposed use or development provided for adheres to the development standards applicable to the use or development;

5.

Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the County, or endanger, jeopardize, or other wise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in proximity to the proposed use; and

6.

The project site is:

a.

Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access, and public services and utilities or private water/septic public services if not required by zone;

b.

Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate; and

c.

Served adequately by public water and sewer and/or private septic and wells.

F.

Conditions of Approval. In making the above findings, the Approving Authority may attach conditions of approval to ensure the approval will comply with the findings required by section 1500-25-035.

(Ord. No. 1720, § 3, 5-14-2024)

1500-25-040 - Design Review and Minor Design Review

A.

Purpose. Both a Design Review and Minor Design Review enable the County to ensure the proposed development is in compliance with the goals, objectives, and policies of the General Plan, any applicable specific plan, the applicable standards specified in the Zoning Code, and any applicable design guidelines. The County may consider site design, architecture, parking, circulation, lighting, landscaping, resource conservation and other design-related issues. This review is intended to promote attractive, compatible and coordinated development projects in the interest of public health, safety and general welfare.

1.

A Design Review is a discretionary action.

2.

A Minor Design Review is a streamlined and ministerial action implementing existing adopted standards. It involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an available criterion.

B.

Applicability. All development projects including those requiring other land use applications that are located within a Commercial or Employment zoning district (GC, CM, EC, M-1 and M-2), and all multi-family development within a Residential District (R-3 and R-4), shall be subject to Design Review as follows:

1.

For projects located within the R-3 and R-4 Zoning Districts:

a.

Multi-Family uses of less than 20 units require Minor Design Review.

b.

Multi-Family uses of 20 or more units require Design Review.

2.

For projects located within the Employment Corridor Zoning District:

a.

Additions to existing residences, new permitted caretaker housing, new or additions to existing agricultural buildings, accessory buildings, solar arrays and similar use types do not require Design Review.

b.

Additions to existing commercial and industrial buildings and/or use types require Minor Design Review.

c.

New commercial and industrial buildings and/or use types require Design Review approval by the Planning Commission and Board of Supervisors.

3.

For projects located within the GC, CM, M-1 and M-2 Zoning Districts:

a.

Additions to existing residences, new permitted caretaker housing, new or additions to existing agricultural buildings, accessory buildings, solar arrays and similar use types do not require Design Review.

b.

Additions to existing commercial and industrial buildings and/or use types require Minor Design Review.

c.

New commercial and industrial buildings and/or use types require Design Review in accordance with the following:

i.

Building permit applications for projects over 65,000 square feet of area, or a warehouse/outdoor storage use type over 100,000 square feet of area, require Design Review approval by the Board of Supervisors.

ii.

Building permit applications for projects under 65,000 square feet of area, or a warehouse/outdoor storage use type under 100,000 square feet of gross floor area, require Minor Design Review approval. If the Director denies the Minor Design Review application, the project may be appealed in accordance with Section 1500-23-080.

C.

Amendments or Changes to Existing Plans. The Director shall determine whether a proposed amendment or change to a previously approved project is significant enough to require formal review. In cases where such amendment or change is determined to be minor in nature, a Minor Design Review shall be used. In cases where such amendment or change is determined to be major in nature, shall require a Design Review.

D.

Approving Authority.

1.

Design Review. The Planning Commission shall approve, conditionally approve, or deny an application for Design Review except when:

a.

The project is located in the EC zoning district; or

b.

The project also requires another discretionary approval in addition to Design Review.

In the above cases the Planning Commission shall recommend, and the Board of Supervisors shall approve, conditionally approve, or deny an application for a Design Review consistent with the requirements of Table 1500-23-1.

2.

Minor Design Review. The Director or their designee, shall approve, conditionally approve using existing adopted standards, or deny an application for Minor Design Review consistent with the requirements of Table 1500-23-1.

3.

Multiple Entitlements. When a Design Review or a Minor Design Review is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application.

E.

Required Findings. The Approving Authority shall make all of the following findings to grant approval. The inability to make one or more of the findings is grounds for denial of an application:

1.

Required Findings for Design Review:

a.

The Design Review is consistent with the General Plan, any applicable specific plan, and all County Codes;

b.

The proposed use or development provided for by the Design Review adheres to the development standards applicable to the use or development;

c.

The proposed use or development provided for by the Design Review is allowed within the applicable zoning district and complies with all other relevant provisions of the Zoning Code;

d.

The proposed use or development provided for by the Design Review adheres to the development standards applicable to the use or development;

e.

The overall design of the proposed project provided for by the Design Review, including where applicable its site design, vehicle circulation and parking, loading areas, architecture, colors, materials, scale, massing, height, landscaping, shading, hardscapes, screening, walls and fences, trash enclosure, lighting and other design features are attractive, internally integrated, and will enhance the appearance and features of the project site; and

f.

Approval of the Design Review will not be detrimental to the health, safety, and general welfare of persons residing or working in the area, or be detrimental or injurious to property and improvements in the area or to the general welfare of the County.

2.

Required Findings for Minor Design Review.

a.

The Minor Design Review is consistent with the General Plan, any applicable specific plan, and all County Codes;

b.

The proposed use or development provided for by the Minor Design Review adheres to the development standards applicable to the use or development.

c.

The proposed use or development provided for by the Minor Design Review is allowed within the applicable zoning district and complies with all other relevant provisions of the Zoning Code; and

F.

Conditions of Approval. In making the above findings, the Approving Authority may attach conditions of approval will comply with the General Plan, any applicable specific plan, development standards, zoning code and any other findings required in this section.

(Ord. of 6-28-2022; Ord. No. 1720, § 4, 5-14-2024)

1500-25-050 - Use Permit and Use Permit Amendment

A.

Purpose. A Use Permit or Use Permit Amendment enables the County to ensure that a proposed use or development, that may have the potential to negatively impact adjoining properties and uses, can be designed, located, and operated in a manner that will not have an effect on the use and enjoyment of surrounding properties.

B.

Applicability. Approval of a Use Permit or Use Permit Amendment is required for uses or developments specifically identified in Part 2, District Specific Regulations, and/or any other section of this Zoning Code that requires a Use Permit or Use Permit Amendment. A Use Permit Amendment may be processed if it is determined to be minor in nature, consistent with the character of the existing Use Permit, and will not result in a significant increase in intensity of the use of the site (e.g. expansion of the approved Use Permit with a less than 20 percent increase in floor area or parking demand).

C.

Approving Authority.

1.

Use Permit. The Planning Commission shall approve, conditionally approve, or deny an application for a Use Permit consistent with the requirements of Table 1500-23-1.

2.

Use Permit Amendment. The Director or their designee, shall approve, conditionally approve using existing adopted standards, or deny an application for a Use Permit amendment consistent with the requirements of Table 1500-23-1.

3.

Multiple Entitlements. When a Use Permit or a Use Permit Amendment is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application.

D.

Required Findings. The Approving Authority shall make all of the following findings to approve a Use Permit or Use Permit Amendment. The inability to make one or more of the findings is grounds for denial of an application:

1.

The proposed use is consistent with the General Plan, any applicable specific plan, the development standards, and this Zoning Code;

2.

The proposed use is allowed within the subject zone and district, and the use complies with all other applicable provisions of the Zoning Code and Conty Codes;

3.

The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;

4.

The site for the proposed use is adequate in size and shape to accommodate said use, public access, parking and loading, yards, landscaping and other features required by this chapter;

5.

The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use;

6.

The site design and the size and design of the buildings will compliment neighboring facilities; and

7.

Approval of the Use Permit or Use Permit Amendment, subject to the recommended conditions of approval, will not be detrimental to the health, safety, and general welfare of persons residing or working in the area, or be detrimental or injurious to property and improvements in the area or to the general welfare of the County.

E.

Conditions of Approval. In making the above findings, the Approving Authority may attach conditions of approval to ensure compliance with the Zoning Code, other County ordinances and requirements, the General Plan, and any applicable specific plan.

F.

Required Findings for Regional Power Transmission Line Projects. A use permit for regional power transmission line projects may only be approved if all of the following findings are made based on substantial evidence in the record:

i.

The proposed project is consistent with any applicable policies in the General Plan and any applicable specific plan(s);

ii.

There is a demonstrated need for the proposed project;

iii.

To the greatest feasible (as that term is defined in Public Utilities Code § 12808.5) extent, the project utilizes existing infrastructure and rights-of-way or, alternatively, expands existing rights-of-way, in that order of preference;

iv.

There are no feasible alternatives that are superior to the proposed project, particularly with respect to individuals present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project;

v.

To the greatest feasible extent, the proposed project does not have a significant adverse effect on the environment, agriculture, existing land uses and activities, areas with significant scenic qualities, or other relevant considerations of public health, safety, or welfare;

vi.

To the greatest feasible extent, the proposed project avoids lands preserved by the County for public park purposes;

vii.

To the greatest feasible extent, the proposed project avoids lands preserved by a conservation easement or similar deed restriction for agricultural, habitat, or other purposes. The Board of Supervisors may waive this requirement if the applicant provides documentation that the project does not conflict with the conservation easement or deed restriction, or that the conservation easement or deed restriction will be amended or extinguished prior to implementation of the project. If the conservation easement or deed restriction was provided as mitigation for the impacts of a prior development project, however, it shall only be amended or extinguished if adequate substitute mitigation is provided by the applicant;

viii.

The proposed project complies with all laws, regulations, and rules regarding airport safety conditions and similar matters, and would not require a significant change in the operations of a public or private airport in the County, create an undue hazard for aircraft, or substantially hinder aerial spraying operations;

ix.

To the greatest feasible extent, operation of the proposed project would not create conditions that unduly reduce or interfere with public or private television, radio, telemetry, or other electromagnetic communication signals; and

x.

The applicant has agreed to conduct all roadwork and other site development work in compliance with all laws, regulations, and rules relating to dust control, air quality, erosion, and sediment control, as well as any permits issued pursuant thereto.

G.

Expiration. If the use or structure for which the Use Permit or Use Permit Amendment was granted no longer exists or has been discontinued for a continuous period of at least 24 months, said use shall be considered abandoned and is null and void.

(Ord. of 6-28-2022; Ord. No. 1720, § 5, 5-14-2024)

1500-25-060 - Variance and Minor Variance

A.

Purpose. A Variance and a Minor Variance enables the County to grant relief from certain standards of this Zoning Code where, because of unique circumstances applicable to the property, the strict application of such standards will deprive the property owner of privileges enjoyed by similar properties in the vicinity and in the same zoning district. A Variance or Minor Variance may be granted to waive or modify any requirement of this Zoning Code except as to: allowed uses; residential density; specific prohibitions (for example, prohibited signs); or procedural requirements.

1.

A Variance is a discretionary action.

2.

A Minor Variance is a ministerial action.

B.

Applicability.

1.

Minor Variance. Approval of a Minor Variance is required to approve deviations of this Code which do not exceed the Maximum Adjustment in accordance with the below table 15-25-060 (Allowable Minor Variance Deviations).

2.

Variance. Approval of a Variance is required for any deviations of this Code which cannot otherwise be granted under a Minor Variance except as to: allowed uses; residential density; specific prohibitions (for example, prohibited signs); or procedural requirements.

a.

Variances. The planning commission may grant an adjustment from the requirements of this development code governing only the following development standards:

i.

Development Standards. Any development standard identified in table 15-25-070 (Allowable Minor Variance Deviations), where the requested adjustment exceeds the maximum limits;

ii.

Dimensional Standards. Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, parcel area, parcel dimensions, parking areas, open space, setbacks, structure heights, etc.;

iii.

Numerical Standards. Number of off-street parking spaces, loading spaces, landscaping, etc.;

iv.

Signs. Sign regulations (other than prohibited signs);

v.

Alteration, Enlargement, or Reconstruction of Nonconformities. To allow the alteration or enlargement of a nonconforming use, or the alteration, enlargement, or reconstruction of a structure in which a nonconforming use is conducted, when the changes (e.g., alteration, enlargement, or reconstruction) would be of distinct benefit to the zoning district in which the use or structure is located; and

vi.

Other. Other standards including operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.

C.

Table 1500-25-060. Allowable Minor Variance Deviations.

D.

Approving Authority.

1.

Variance. The Planning Commission shall recommend, and the Board of Supervisors shall approve, conditionally approve using existing adopted standards, or deny an application for a Variance consistent with the requirements of Table 1500-23-1.

2.

Minor Variance. The Director or their designee, shall approve, conditionally approve, or deny an application for a Minor Variance consistent with the requirements of Table 1500-23-1.

3.

Multiple Entitlements. When a Variance or a Minor Variance is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application.

E.

Required Findings. The Approving Authority shall make all of the following findings to approve either a Variance or Minor Variance, as listed below. The inability to make one or more of the findings is grounds for denial of an application:

1.

Required Findings for a Variance.

a.

Because of special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features), the strict application of the Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification;

b.

The Variance or Minor Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district in which the property is located;

c.

The Variance or Minor Variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district governing the property;

d.

The Variance or Minor Variance complies with the General Plan and any applicable specific plan; and

e.

Approval of the Variance or Minor Variance, subject to the recommended conditions of approval, will not be detrimental to the health, safety, and general welfare of persons residing or working in the area, or be detrimental or injurious to property and improvements in the area or to the general welfare of the County.

2.

Required Findings for a Minor Variance.

a.

Because of special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features), the strict application of the Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification;

b.

The Minor Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoing [zoning] district in which the property is located;

c.

The Minor Variance will not authorize a use or activity which is not otherwise expressly authorized by the zoning district governing the property; and

d.

The Minor Variance complies with the General Plan and any applicable specific plan.

F.

Conditions of Approval. In approving a variance, the approving authority may imposed conditions (e.g. buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to:

1.

Compliance with Code. Ensure compliance with this Zoning Code, and the actions, goals, objectives, and policies of the general plan and any applicable specific plan, and any County Ordinances and Regulations;

2.

Special Privileges Prohibited. Ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located;

3.

Compliance with Findings. Ensure that the approval would be in compliance with the findings required by subsection (E) (Findings and Decision), above; and

4.

Protect Interests. Protect the best interests of the surrounding property or neighborhood.

G.

Burden of Proof. The burden of proof to establish the evidence in support of the findings, required by section 1500-25-060(E) (Required Findings) above, is the responsibility of the applicant.

H.

Expiration. If the use or structure for which the Variance or Minor Variance was granted no longer exists or has been discontinued for a continuous period of at least 24 months, said variance shall be considered abandoned, expired, and is null and void.

(Ord. of 6-28-2022; Ord. No. 1720, § 6, 5-14-2024)

A.

Purpose. A Zoning Code Amendment is a discretionary action that enables the County to change the text of this Code and/or the zoning map where required for the public necessity, convenience, and/or general welfare.

B.

Applicability. The procedures in this chapter shall apply to all proposed Zoning Code Amendments. A request for Zoning Code Amendment may be made by:

1.

A property owner or owners of a parcel proposed to be rezoned or upon which an amendment to the Zoning Code text would apply;

2.

Motion of the Board of Supervisors; or

3.

Recommendation by the Director.

C.

Approving Authority. The Planning Commission shall recommend, and the Board of Supervisors shall

approve or deny an application for a Zoning Code Amendment consistent with the requirements of Table 1500-23-1. When a Zoning Code Amendment is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application. Entitlements approved in conjunction with a Zoning Code Amendment that cannot be approved without the amendment shall not be effective until the amendment is effective.

D.

Zoning Map. Amendments to the zoning map may be accomplished by an ordinance for a parcel or parcels of land adopting a map the Board of Supervisors deems appropriate.

E.

Required Findings. The Approving Authority shall make all of the following findings to approve a Zoning Code Amendment. The inability to make one or more of the findings is grounds for denial of an application:

1.

The Zoning Code Amendment is consistent with the General Plan and any applicable specific plan;

2.

The Zoning Code Amendment promotes the growth of the County in an orderly manner; and

3.

Approval of the Zoning Code Amendment will not be detrimental to the health, safety, and general welfare of persons residing or working in the area, or be detrimental or injurious to property and improvements in the area or to the general welfare of the County.

(Ord. of 6-28-2022)

A.

Purpose. A General Plan Amendment is a discretionary action that enables the County to change the text of the General Plan and/or the Land Use Diagram as provided for by state law and where required for the public necessity, convenience, and/or general welfare.

B.

Applicability. The procedures in this chapter shall apply to all proposed General Plan Amendments. A request for General Plan Amendment may be made by:

1.

A property owner or owners of a parcel proposed to change land use or upon which an amendment to the General Plan text would apply;

2.

Motion of the Board of Supervisors; or

3.

Recommendation by the Director.

C.

Approving Authority. The Planning Commission shall recommend, and the Board of Supervisors shall approve, or deny an application for a General Plan Amendment consistent with the requirements of Table 1500-23-1. When a General Plan Amendment is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application. Entitlements approved in conjunction with a General Plan Amendment that cannot be approved without the amendment shall not be effective until the amendment is effective.

D.

Annual Limit on Number of General Plan Amendments. Pursuant to California Government Code Section 65358b, General Plan Amendments are, with specified exceptions, limited to four times per calendar year.

E.

Required Findings. The Approving Authority shall make all of the following findings to approve a General Plan Amendment. The inability to make one or more of the findings is grounds for denial of an application:

The General Plan Amendment is consistent with the remainder of the General Plan;

2.

The General Plan Amendment promotes the growth of the County in an orderly manner; and

3.

Approval of the General Plan Amendment will not be detrimental to the health, safety, and general welfare of persons residing or working in the area, or be detrimental or injurious to property and improvements in the area or to the general welfare of the County.

(Ord. of 6-28-2022)

A.

Purpose. A Specific Plan is a tool for the systematic and orderly implementation of the General Plan that provides a development framework for land uses, circulation and utility infrastructure, public services, affordable housing, design, and implementation for a defined area of the County. Sutter County is authorized to prepare and adopt Specific Plans pursuant to Sections 65450 through 65457 of the California Government Code.

B.

Applicability. The procedures in this chapter shall apply to adoption and amendment of all proposed Specific Plans. A request for Specific Plan or a Specific Plan Amendment may be made by:

1.

A property owner or owners of a parcel proposed to be included with a Specific Plan area or where an amendment to a Specific Plan land use diagram or text would apply;

2.

Upon Motion of the Board of Supervisors; or

3.

Upon recommendation by the Director.

C.

Approving Authority. The Planning Commission shall recommend, and the Board of Supervisors shall approve, conditionally approve, or deny an application for a Specific Plan or Specific Plan Amendment consistent with the requirements of Table 1500-23-1. When a Specific Plan or Specific Plan Amendment is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application. Entitlements approved in

conjunction with a Specific Plan or Specific Plan Amendment that cannot be approved without the plan or amendment shall not be effective until the plan or amendment is effective.

D.

Specific Plan Content. A Specific Plan shall include text and diagrams that specify, at a minimum, all of the following in detail:

1.

The distribution, location, and extent of the land uses, including open space, within the area covered by the Specific Plan;

2.

The proposed distribution, location, and extent and intensity of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the Specific Plan and needed to support the land uses described in the plan;.

3.

Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

4.

A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the above;

5.

A statement of the relationship of the Specific Plan to the general plan; and.

6.

Any other subjects which, in the judgment of the County, are necessary or desirable for implementation of the General Plan.

E.

Required Findings. The Approving Authority shall make all of the following findings to approve a Specific Plan or Specific Plan Amendment. The inability to make one or more of the findings is grounds for denial of an application:

1.

The Specific Plan or Specific Plan Amendment is consistent with the General Plan;

2.

The Specific Plan or Specific Plan Amendment promotes the growth of the County in an orderly manner; and

3.

Approval of the Specific Plan or Specific Plan Amendment will not be detrimental to the health, safety, and general welfare of persons residing or working in the area, or be detrimental or injurious to property and improvements in the area or to the general welfare of the County.

(Ord. of 6-28-2022; Ord. No. 1720, § 7, 5-14-2024)

A.

Purpose. A Development Agreement vests the property owners' rights to develop the property subject to mutually agreeable terms and conditions and sets forth the general obligations of the property owner and County related to the construction and financing of infrastructure for the project. Sutter County is authorized to enter into Development Agreements pursuant to Sections 65864 through 65869.5 of the California Government Code.

B.

Applicability. The procedures in this chapter shall apply to adoption and amendment of all proposed Development Agreements. The County may enter into or amend a Development Agreement with any person having controlling, legal, or equitable interest in real property for the development of the property,

C.

Approving Authority. The Planning Commission shall recommend, and the Board of Supervisors shall approve, conditionally approve, or deny an application for a Development Agreement or Development Agreement Amendment consistent with the requirements of Table 1500-23-1. When a Development Agreement or Development Agreement Amendment is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application. Entitlements approved in conjunction with a Development Agreement or Development Agreement Amendment shall not be effective until the agreement or amendment is effective.

D.

Development Agreement Content. A Development Agreement shall, at a minimum, specify all of the following as applicable:

1.

The specified duration of the Development Agreement;

2.

The permitted uses of the subject property;

The permitted density or intensity of development of the subject project;

4.

The maximum permitted height and size of proposed structures;

5.

Provisions for the dedication or preservation of land for public purposes;

6.

Affordable housing obligations;

7.

A specific sunset date for the Development Agreement.

8.

The conditions, terms, restrictions, and requirements for subsequent discretionary actions;

9.

Terms and conditions related to applicant construction and financing of necessary on-site and off-site public infrastructure and facilities;

10.

Credits and reimbursements;

11.

Development phasing and sub-phasing; and

12.

Any other topics which, in the judgment of the County, are necessary or desirable for implementation of the subject project, the General Plan or applicable specific plan.

E.

Required Findings. The Approving Authority shall make all of the following findings to approve a Development Agreement or Development Agreement Amendment. The inability to make one or more of the findings is grounds for denial of an application:

1.

The Development Agreement or Development Agreement Amendment is consistent with the Zoning Code, General Plan and any applicable specific plan;

2.

The Development Agreement or Development Agreement Amendment will not cause adverse effects to the orderly development of property or the preservation of property values in the County;

3.

Approval of the Development Agreement or Development Agreement Amendment will promote the health, safety, and general welfare of persons residing or working in the area, and will not be detrimental or injurious to property and improvements in the area or to the general welfare of the County; and

4.

The Development Agreement or Development Agreement Amendment will provide the County with important, tangible benefits beyond those that may be required by the County through project conditions of approval.

In making the above findings, the Approving Authority may attach conditions of approval to ensure compliance with the Zoning Code, other County ordinances and requirements and the General Plan and any applicable specific plan.

F.

Periodic Review.

1.

The County shall perform a periodic review of a Development Agreement at least every 12 months, or at any other time that the County considers to be appropriate, at which time the applicant (or successor in interest) shall demonstrate good faith compliance with the terms and conditions of the Development Agreement. The review shall be limited in scope to compliance with the terms and conditions of the Development Agreement.

2.

The costs of notice and related costs incurred by the County for review shall be borne by the applicant (or successor in interest).

3.

Failure of the County to conduct a periodic review shall not constitute a waiver by the County of its rights to enforce the provisions of the Development Agreement. The developer shall not assert any defense to the enforcement of the Development Agreement by reason of the failure of the County to conduct a periodic review.

(Ord. of 6-28-2022; Ord. No. 1720, § 8, 5-14-2024)

1500-25-110 - Reasonable Accommodation

A.

Purpose. A Reasonable Accommodation is a discretionary action that enables the County to grant relief from the County's zoning, building code and other land use regulations, policies, practices and/or procedures when necessary to ensure equal access to housing in compliance with the federal Fair Housing Amendments Act of 1988, the Americans with Disabilities Act (ADA) and State Fair Employment and Housing Act (FEHA).

B.

Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more persons with a disability. A "person with a disability" as defined by the ADA is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. A reasonable accommodation request shall be made in writing and submitted to the Director.

C.

Approving Authority. The Director or their designee, shall approve, conditionally approve, or deny an application for Reasonable Accommodation consistent with the requirements of Table 1500-23-1.

D.

Required Findings. The Approving Authority shall make all of the following findings to approve a Reasonable Accommodation. The inability to make one or more of the findings is grounds for denial of an application:

1.

The Reasonable Accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Federal and State fair housing laws;

2.

The Reasonable Accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

3.

The Reasonable Accommodation does not impose an undue financial or administrative burden on the County; and

4.

The Reasonable Accommodation does not fundamentally alter the nature of the County zoning, development standards, policies or procedures.

In making the above findings, the Approving Authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.

(Ord. of 6-28-2022)

Article 26 - Enforcement Chapter - 1500-26