Chapter 11.53 — COMMON PROCEDURES

This Chapter establishes procedures that are common to the application and processing of all discretionary permits and approvals provided for in this Code, unless superseded by specific requirement of this Code or State law.

(Ord. No. 1624)

(a)

Qualified applicant. A qualified applicant shall be the owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the CDSA Director, of the right to use and possess the property as applied for, shall accompany the application.

(b)

Application forms and materials.

(1)

Application forms. The CDSA Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Code.

(2)

Supporting materials. The CDSA Director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples, and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.

(3)

Availability of materials. All material submitted becomes the property of the County and may be distributed to the public. All project materials except administrative or working drafts, cultural resource reports and similar confidential data, protected personally identifiable information (PII) or communications with legal counsel shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the CDSA office. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

(c)

Application amendment or withdrawal. An applicant may amend an application, at will, any time prior to the opening of any required public hearing on the application. Thereafter, the application may be amended only with the consent of the decision-making authority before which the matter is pending, consistent with the following:

(1)

The application may be amended in any way except if:

a.

A change in boundaries would result in a change in the requirements for notice of public hearings; or

b.

A change is determined by the Planning Director not to be covered by the environmental determination issued for the application pursuant to Chapter 11.54, Environmental Review.

c.

The change needs to be evaluated by another department or outside agency for compliance with their standards and regulations.

(2)

A change in the application may require additional fees to be paid as set forth in the schedule of fees related to the change.

(d)

Application fees.

(1)

Payment of fees. No application shall be accepted as complete and processed without payment of the applicable fee, according to the fee schedule adopted by the Board of Supervisors. No fee shall be deemed paid until any negotiable instrument has been cleared and funds received in the County's account.

(2)

Multiple applications. The County's processing fees are cumulative. For example, if an application for Design Review also includes a Use Permit, both fees shall be charged pursuant to Title XIII, Fees.

(3)

Fee waivers. A fee may not be required when the applicant is the County, or if it is waived by the Board of Supervisors under any other provision of the County Code.

(4)

Refund of fees. Application fees are non-refundable unless otherwise provided for in the County Code or by policy of the Board of Supervisors.

(Ord. No. 1624)

An application for a planning permit pursuant to this Code may be filed and processed concurrently with any other discretionary permit including legislative action (i.e., general plan amendment, zoning text or map amendment) related to a development proposal for the subject property.

(1)

Concurrent review. Whenever applications for the same site have been filed for one or more development permits or legislative approvals, such development permit or approvals may be reviewed and acted on in a unified process.

a.

When any application for a planning permit pursuant to this Code is filed concurrently with any request for legislative action, the applicant shall sign a statement acknowledging that the application for the permit shall not be deemed complete and eligible for hearing until the applicant has submitted all items required pursuant to Section 11.53.020, Application Forms and Fees, and either:

1.

The Planning Commission has held a public hearing and made a recommendation to the Board of Supervisors; or

2.

The adoption date of the legislative act(s) which is the subject of the concurrent application.

b.

Any permit approval governed by this Code may be approved after final approval of a legislative act for the property, but shall not be effective unless and until the referendum period has expired without challenge for the legislative approval.

(2)

Review procedures. The concurrent review process shall use the procedures required for the highest level zoning and land division permit or approval. Permits and approvals are ranked as follows with the highest level permit of approval listed first:

a.

General Plan Amendment including amendments to the Land Use Map.

b.

Development Code or Official Zoning Map Amendment.

c.

Specific plan.

d.

Specific plan amendment.

e.

Community plan.

f.

Community plan amendment.

g.

Master plan.

h.

Master plan amendment.

i.

Development agreement.

j.

Planned unit development.

k.

Tentative subdivision tract map.

l.

Conditional use permit.

m.

Variance.

n.

Tentative parcel map.

o.

Minor use permit.

p.

Design review.

q.

Administrative use permit.

r.

Temporary use permit.

s.

Waiver.

t.

Lot line adjustment.

u.

Certificate of compliance.

v.

Environmental assessment.

(3)

Required findings. The hearing body shall make the findings, if any, applicable to each permit or approval.

(4)

Board of Supervisors approvals. In the case of concurrent applications in which the decision-making authority is the Board of Supervisors, the lower level hearing body (Planning Commission or Development Review

Committee) shall hold one public hearing on the project to make a recommendation to the Board of Supervisors.

(Ord. No. 1624)

(a)

Review process. With the exception of applications subject to a legislative action, the CDSA Director shall determine whether an application is complete within 30 days of the date the application is filed with the required fee.

(b)

Incomplete application. If an application is incomplete, the CDSA Director shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application.

(1)

Development Code violations. An application shall not be found complete if conditions exist on the site in violation of this Code or any permit or other approval granted in compliance with this Code, unless the proposed project includes the correction of the violations.

(2)

Appeal of determination. Determinations of incompleteness are subject to the provisions of Section 11.53.150, Appeals and Calls for Review, except that there shall be a final written determination on the appeal not later than 60 days after receipt of the appeal.

(3)

Submittal of additional information. The applicant shall provide the additional information within the time limit specified by the CDSA Director, which must be at least 30 days. The CDSA Director may grant an extension of up to 90 days. Extensions of greater than 90 days may be authorized for the completion of environmental studies that are based on seasonal criteria.

(4)

Second completeness determination. Not later than 30 days after the submittal of additional information in response to notification pursuant to the above subsection, the CDSA Director shall notify the applicant if the application is still not complete. The CDSA Director shall specify those parts of the application that are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of specific information needed to complete the application.

(5)

Expiration of application. If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. In absence of a specified time period, where there has been inactivity on the part of the applicant for at least six months the application shall be deemed withdrawn.

After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

(c)

Complete application. When an application is determined to be complete, the CDSA Director shall make a record of that date. If an application requires a public hearing, the Planning Director shall schedule it and notify the applicant of the date and time.

(d)

Extensions. The CDSA Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Code.

(Ord. No. 1624)

Unless otherwise specified, whenever the provisions of this Code require public notice, the County shall provide notice in compliance with State law as follows:

(1)

Notice. At least ten days before the date of the public hearing or 11 days before the date of action when no public hearing is required, the Planning Director, or the County Clerk of the Board for hearings before the Board of Supervisors, shall provide notice by mail or delivery to:

a.

The applicant and any occupant of the subject property;

b.

All property owners of record as shown on the latest available assessment roll located within a minimum 300foot radius of the subject property when located within the valley growth boundary or 1,000-foot radius for properties outside the valley growth boundary. If deemed necessary by the Planning Director, a larger radius may be required in order to provide adequate public notification;

c.

All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and

d.

Any person or group who has filed a written request for notice regarding the specific application.

(2)

Posted notice. Notices shall be posted at three public places within the County. In addition, the applicant may be required to erect a temporary sign or post a poster, in a format approved by the Planning Department, in a prominent place on the site for the ten days prior to the hearing.

(3)

Newspaper notice. At least ten days before the date of the public hearing, the hearing secretary or the County Clerk of the Board for hearings before the Board of Supervisors, shall publish a notice in at least one newspaper of general circulation in the County.

(4)

Alternative method for large mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice, the Planning Director or County Clerk of the Board may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the County at least ten days prior to the hearing.

(5)

Contents of notice. The notice shall include the following information:

a.

The location of the real property, if any, that is the subject of the application;

b.

A general description of the proposed project or action;

c.

The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

d.

The identity of the hearing body or officer;

e.

The names of the applicant and the owner of the property that is the subject of the application;

f.

The location and times at which the complete application and project file, including any environmental document prepared in connection with the application, may be viewed by the public;

g.

A statement that any interested person or authorized agent may appear and be heard;

h.

A statement describing how to submit written comments; and

i.

For Board of Supervisors hearings, the Planning Commission recommendation.

(6)

Failure to notify individual properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive a mailed notice.

(Ord. No. 1624)

Whenever the provisions of this Code require a public hearing, the hearing shall be conducted in compliance with the requirements of State law, as follows:

(1)

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.

(2)

Scheduling. Hearings before the Board of Supervisors shall be scheduled by the Clerk of the Board. All other hearings shall be scheduled by the Planning Director.

(3)

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

(4)

Public hearing testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

(5)

Time limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

(6)

Continuance of public hearing. The decision-making authority conducting the public hearing may by motion continue the public hearing to a fixed date, time and place or may continue the item to an undetermined date and provide notice of the continued hearing.

(7)

Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by County staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

(8)

Decision. The public hearing must be closed before a vote is taken.

(Ord. No. 1624)

When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Code, the decision-making authority shall issue a notice of action and make findings of fact as required by this Code.

(1)

Date of action. The decision-making authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the Board of Supervisors in accordance with Section 11.53.150, Appeals and Calls for Review. Time extensions may be granted pursuant to Section 11.53.110, Expiration and Extension.

a.

Project exempt from environmental review. Within 30 days of the date the County has determined an application to be complete; a determination must be made whether the project is exempt from environmental review per State CEQA Guidelines.

b.

Project for which a negative declaration or mitigated negative declaration is prepared. Within 60 days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the County shall take action on the accompanying discretionary project.

c.

Project for which an EIR is prepared. Within 180 days from the date the decision-making authority certifies a Final EIR, the County shall take action on the accompanying discretionary project.

(2)

Notice of action. After the decision-making authority takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Code, the Planning Director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The Planning Director shall mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Department.

(3)

Findings. Findings, when required by State law or this Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

(Ord. No. 1624)

(a)

Disclosure of communications. Any official who receives an ex parte communication, or engages in any other exchange of information covered by this Section or who participates in a site visit shall place the communication in the public record or shall enter into the record a statement describing the time, place, and content of the communication.

(b)

Applicability. Ex parte communications are oral or written, off-the-record communications made to or by members of the Planning Commission or Board of Supervisors with applicants, neighbors, or other interested parties. Such contacts include, but are not limited to, one-on-one meetings, site visits, discussions, telephone calls, or e-mail messages that occur outside of a public meeting of the body on which the County official serves at which the matter discussed has been publicly noticed.

(c)

Exceptions. Ex parte communications do not include communications between County staff and elected or appointed County officials acting in their official capacity, the receipt of expert opinion, or the review of mail and other correspondence relating to the proceedings.

(d)

Effect. Actions taken by the decision-making authority are not invalidated by the occurrence of ex parte communication.

(Ord. No. 1624)

(a)

Scope. Any approval permits only those uses and an activity actually proposed in the application, and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

(b)

Conditions of approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties or insures that he or she will comply with the permit's plans and conditions in all respects.

(c)

Actions voiding approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this Code or require additional permits, then the approval shall be deemed null and void.

(d)

Periodic review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions and pay any associated fees for review or monitoring.

(Ord. No. 1624)

A final decision on an application for any discretionary approval subject to appeal shall become effective after the expiration of the ten-day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the 11th day following the date of the action. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the ten-day period may be waived.

(Ord. No. 1624)

(a)

Expiration. The decision-making authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this Code shall automatically expire if it is not effectuated or extended within one year of its issuance.

(b)

Planning permit effectuation. A planning permit is deemed effectuated when any of the follow occurs:

(1)

A planning permit authorizing the construction or modification of a building(s) or structure(s)—shall be effectuated when a building or foundation permit is issued by the Building Department; or,

(2)

A planning permit authorizing the construction or modification of property, building(s) or structure(s)—shall be effectuated when improvement plans have been approved by the Public Works Department, and substantial construction occurs. Substantial construction shall be defined as underground or utility improvements and/or frontage improvements not associated with a land division; or

(3)

A planning permit not associated with the construction or modification of property, building(s), or structure(s)— the land use shall be effectuated when the use is initiated in full compliance with all applicable conditions, ordinances, or resolutions.

(c)

Extensions. The CDSA Director may authorize extensions up to one year upon written request. The Development Review Committee may approve up to a two year extension from the Yuba County Development Code upon receipt of a written application with the required fee filed prior to the original expiration date of any permit or approval granted under this Code. Unless there are extenuating circumstances, requests for extensions of time shall not be submitted more than six months prior to project expiration.

(Ord. No. 1624)

No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this Code.

(1)

Minor modifications. The Development Review Committee may approve modifications to parcel maps or minor modifications to subdivision maps. The Zoning Administrator may approve minor changes to all other approved discretionary permits that are consistent with the original findings and conditions approved by the hearing body and would not intensify any potentially detrimental effects of the project.

(2)

Major modifications. A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan, building plan, or subdivision map that would affect a condition of approval shall be treated as an amendment. The amendment shall be acted on by the decision-making authority for the original permit.

(Ord. No. 1624)

Upon final denial of any application, reapplication for the same request shall not be accepted for filing for a period of six months commencing on the effective date of the final denial.

(Ord. No. 1624)

Any permit granted under this Code may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

(1)

Initiation of proceeding. Revocation proceedings may be initiated by the CDSA Director.

(2)

Notice of violation. Whenever in the opinion of the CDSA Director any of the conditions or terms of the permit are violated or if any law or ordinance is violated, the CDSA Director shall give the property owner and lessee of the subject property a notice providing not less than ten days to comply, unless the violation is immediately hazardous to the public health, safety or welfare; in which case the County may take any action necessary to remediate said violation.

(3)

Public notice, hearings and decision. If at the end of the period for compliance stated in the Notice of Violation, the property owner and lessee fail to comply with the conditions or terms of the permit or if any law or ordinance continues to be violated, the Planning Director shall immediately set a hearing before the Planning Commission to determine why the permit should not be revoked.

a.

Hearing notice. Notice of the hearing shall be mailed to the property owner and lessee of the subject property at least ten days prior to the hearing. The notice shall state the violations and shall request appearance of said owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked.

b.

Decision. At the conclusion of said hearing, the Planning Commission shall have the right to revoke the permit.

(4)

Required findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:

a.

The approval was obtained by means of fraud or misrepresentation of a material fact;

b.

The use, building, or structure has been substantially expanded beyond what was set forth in the permit or substantially changed in character;

c.

The use in question has ceased to exist or has been suspended for one year or more;

d.

There is or has been a violation of or failure to observe the terms or conditions of the permit, or the use has been conducted in violation of the provisions of this Code, or any applicable law or regulation; or

e.

The use has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

(Ord. No. 1624)

(a)

Applicability. Any action by the Zoning Administrator, County Surveyor, Department Head within the Community Development and Services Agency, Development Review Committee, or Planning Commission in the administration or enforcement of the provisions of this Code may be appealed to the Board of Supervisors by filing a written appeal with the Clerk of the Board.

(b)

Rights of appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Code.

(c)

Time limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within ten calendar days of the date of the action, decision, motion, or resolution from which the action is taken.

(d)

Procedures.

(1)

Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee in addition to any direct costs for preparing the administrative record including but not limited to preparation of transcripts and legal notices required by State law.

(2)

Proceedings stayed by appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of County building permits.

(3)

Transmission of record. The Clerk of the Board shall set the date of the appeal hearing for consideration by the Board of Supervisors within ten to 30 days of the date the appeal is filed. The appeal hearing will not be held any sooner than 30 days or later than 60 days from the date the appeal was filed and associated fee has been paid. The Community Development and Services Agency Director shall forward the Notice of Action and all other documents that constitute the record to the hearing body. The Community Development and Services Agency Director may also prepare a staff report that responds to the issues raised by the appeal including a recommendation for action.

(e)

Calls for review. A majority of the Board of Supervisors may call for review of a decision of the County Surveyor, Department Head within the Community Development and Services Agency, Zoning Administrator, Development Review Committee, or Planning Commission within the ten-day appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal.

(f)

Standards of review. Appeals before the Board of Supervisors shall be reviewed pursuant to County Code Section 2.25.040 (Record appeals) and Section 2.25.050 (De novo appeals). The Board of Supervisors may uphold the decision and findings of the original decision-making authority, overturn the decision, or require changes to the application as a condition of approval.

(g)

Public notice and hearing. Notice of the appeal shall be posted on the Board of Supervisors' meeting agenda, bulletin board, and website. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the County Clerk of the Board a written request for such notice.

(h)

Action. An action to grant an appeal shall require a majority vote of the Board of Supervisors. A tie vote shall have the effect of rejecting the appeal.

(Ord. No. 1624)

(a)

Purpose. Pre-application review is an optional review process that is intended to provide information on relevant General Plan or specific plan policies, zoning and development regulations, and procedures related to projects that will be subject to discretionary approvals, including both legislative and quasi-judicial decisions, pursuant to this Code. Additional purposes of pre-application review are:

(1)

To advise the applicant of possible obstacles to approval of the project such as annexation requirements, significant adverse environmental effects which would have to be mitigated, inconsistency with the General Plan, and matters that could result in a quick disapproval of the application.

(2)

To allow staff to review and comment upon preliminary development plans so that the applicant can be apprised of County standards and design criteria and/or additional recommendations so as to avoid development deficiencies and incorporate progressive design elements.

(3)

To avoid unnecessary expense and consumption of time for the applicant and the County in processing applications for projects that involve substantial problems or require extensive revisions in order to comply with County standards and requirements.

(b)

Meeting. Prior to scheduling a pre-application review meeting the CDSA Director may require the submittal of a project description or other materials that the CDSA Director has determined necessary to conduct such review.

(c)

Payment of fee. Pre-application reviews are subject to the payment of a fee as established by Title XIII, Fees.

(d)

Permit streamlining act. Any materials that are accepted for pre-application review shall not constitute the submittal of a development application and therefore is not subject to the requirements of the California Permit Streamlining Act (the Act). An applicant wishing to pursue a project discussed as part of a pre-application review shall submit an application and associated fees in compliance with the requirements of Sections 11.53.020, Application Forms and Fees and 11.53.040, Review of Applications.

(e)

Review procedure. The Community Development and Services Agency shall conduct pre-application review. The CDSA Director may consult with or request review by any County agency or official with interest in the application.

(f)

Recommendations are advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by County representatives. Any recommendations that result from pre-application review shall be considered advisory only and shall not be binding on either the applicant or the County.

(Ord. No. 1624)