Chapter 11.54 — ENVIRONMENTAL REVIEW

The purpose of this Chapter is to enact evaluative criteria and specific procedures consistent with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) for the evaluation of projects and the preparation of environmental documents as required by Section 15020 of the Guidelines (14 CCR § 15020).

Consistent with Public Resources Code Section 21081.6, this Chapter also establishes monitoring and reporting procedures for mitigation measures included in Environmental Impact Reports (EIR) or Negative Declarations that are necessary to mitigate impacts to a less-than-significant level.

(Ord. No. 1624)

(a)

Projects included. This Chapter and the process it implements shall apply to all discretionary projects proposed to be carried out or approved by any board, commission or agency of Yuba County. This Chapter does not apply to pre-applications as described in Section 11.53.160, Pre-application review, in which a request for staff evaluation and comments is made on a potential project. Should an application for said project be subsequently filed, it shall be subject to this Chapter.

(b)

Exceptions. Where a project that would otherwise be deemed ministerial nevertheless appears to involve a potential significant adverse environmental effect, it shall be subjected to an evaluation by the Planning Director. If the Planning Director determines that the following criteria are satisfied, the project shall not be deemed ministerial:

(1)

The project may have a significant effect on the environment and but for the presumptively ministerial nature of the permit or approval sought would clearly be subject to environmental review; and

(2)

The permit or approval sought is the final step before actual execution of the project and the only point at which the environmental impact can be considered.

(c)

County projects. Any project proposed to be carried out by any department, board, commission or agency of Yuba County shall be subject to this Chapter and the process that it implements. Prior to the decision to carry out such a project, the initiating agency shall submit a complete description of the project, a list of responsible persons and involved agencies, a timetable of projected events and a requested action to the Planning Director. The Planning Director shall ensure compliance with this Chapter and the CEQA Guidelines and shall advise the initiating agency of progress in said compliance. The Planning Director may delegate the preparation and processing of environmental documents to the Community Development and Services Agency's Public Works Department on public works projects.

(Ord. No. 1624)

The following types of projects are exempt from environmental review:

(1)

Statutory exemptions identified in Section 15260 et seq. of the CEQA Guidelines, including but not limited to planning and feasibility studies, emergency projects, the establishment of rates or charges, and projects which are disapproved.

(2)

Ministerial actions in accordance with Section 15268 of the CEQA Guidelines, including but not limited to the issuance of building permits or approval of final subdivision maps.

(3)

Categorically exempt projects as identified in Section 15300 et seq. of the CEQA Guidelines, including any amendments enacted hereafter.

(4)

Exempted projects and activities identified in any adopted Yuba County Supplemental CEQA Implementing Procedures.

(Ord. No. 1624)

(a)

Preliminary review. As part of the review to determine whether an application for a development project is complete (See Section 11.53.040, Review of Applications for Completeness), the Planning Director shall conduct a preliminary assessment of potential environmental issues in order to help the County decide if the project is subject to environmental review and, if so, which issues may require analysis. Pursuant to the CEQA Guidelines, accepting an application for a project as complete does not limit the authority of the Planning Director to require the applicant to submit additional information needed for environmental evaluation of the project.

(b)

Review for exemption; Notice of exemption. As soon as is practicable or upon application, if possible, the Planning Director shall determine if the project is exempt from environmental review pursuant to State law and any environmental guidelines and thresholds that the County has adopted in compliance with CEQA.

(1)

If the Planning Director has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice for the associated project. The notice shall include a citation to the County adopted CEQA Thresholds and Guidelines section or statute under which the project is found to be exempt.

(2)

Following approval of a project that is exempt from environmental review, the Planning Director or the applicant may file a Notice of Exemption with the County Clerk in accordance with Section 15062 of the CEQA Guidelines (14 CCR § 15062). Such a notice will not usually be filed, but may be filed if the project involves approvals by other agencies or the Planning Director determines that sufficient public controversy may arise as to warrant such notice.

(c)

Initial study. If it is determined through preliminary review that a project is subject to CEQA and not exempt from environmental review, the Planning Department shall conduct an initial study pursuant to Section 15063 of the CEQA Guidelines (14 CCR § 15063) to determine if the project may have a significant effect on the environment.

(1)

Application and fee. The applicant shall submit an application for environmental review accompanied by the required fee. The Planning Director may require the applicant to submit additional data and information that will enable the Planning Department to prepare the initial study. The project applicant shall pay the cost of conducting the initial study according to the fee schedule established in Title XIII, Fees of the County Code.

(2)

Consultation. As soon as it is determined that an initial study will be conducted, the Planning Department shall consult informally with all responsible agencies and all trustee agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a Negative Declaration should be prepared, pursuant to Section 15063(g) of the CEQA Guidelines.

(3)

Exceptions. An initial study need not be conducted under the following circumstances:

a.

Where the Planning Director determines that the project will clearly have a significant effect and an EIR will be required, in which case a notice of preparation shall be sent pursuant to Subsection 11.54.060(c).

b.

Where the decision-making authority determines that the project cannot be approved.

(4)

Contents of initial study. The initial study shall consider all phases of project planning, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, or other substantial evidence to document its findings regarding the project's potential impacts. The contents of the initial study shall be as stated in Section 15063(d) of the CEQA Guidelines.

(5)

Time limits. Within 45 days after the application for a project is accepted as complete and all materials necessary to prepare the initial study have been submitted, the initial study shall be completed and the Planning Director shall determine whether a negative declaration or an EIR shall be required. This time frame does not apply to projects that are determined to require outside consultation for the preparation of the initial study.

(d)

Determination of environmental significance. Based on the initial study, the Planning Director will make one of the following findings:

(1)

The project will have no significant impacts on the environment, and a negative declaration will be prepared;

(2)

The project has been modified to mitigate potential environmental impacts to a level of insignificance, and a mitigated negative declaration will be prepared; or

(3)

The proposed project will have, or may have, significant impact(s), and an EIR will be required.

(e)

Environmental determination notice. The applicant and any other person requesting notice shall be notified of the environmental determination by the Planning Director and whether a Negative Declaration, Mitigated Negative Declaration, or EIR will be required for the project. In the case of a Negative Declaration, said notice shall also be published or posted in accordance with Section 15072 of the CEQA Guidelines (14 CCR § 15072) at least ten days prior to adoption.

(Ord. No. 1624)

11.54.050. - Negative declaration/mitigated negative declaration process.

(a)

When authorized. A negative declaration or mitigated negative declaration is authorized and shall be prepared pursuant to Section 15070 of the CEQA Guidelines (14 CCR § 15070) under either of the following circumstances:

(1)

The Planning Director determines on the basis of an initial study that the project will not have a significant effect on the environment.

(2)

The project is revised in response to an initial study or otherwise so that potential adverse effects are mitigated to a point where the Planning Director can determine that no significant environmental effects would occur, or it is determined by the Planning Commission or Board of Supervisors through appeal procedures that there are no significant environmental effects, and if such revision or determination occurs after the notice of preparation has been sent pursuant to Section 15082 of the CEQA Guidelines (14 CCR § 15082), the negative declaration may be prepared only if the applicant consents to a reasonable extension of time as necessary for its preparation. All persons or agencies that were sent the Notice of Preparation shall immediately be notified in writing of the change of determination and the reasons for it.

(b)

Revisions to projects to mitigate effects. Where the Planning Director determines that a project may have a significant effect but the effect may be mitigated, he or she may propose such mitigation to the applicant, who may revise the project or otherwise incorporate said mitigation measures into the project. Mitigation measures thus incorporated may be in the form of draft conditions of approval, in which the applicant has consented to said conditions. If on the basis of such revisions or mitigation measures, the Planning Director determines that the project no longer has a significant effect, a mitigated negative declaration shall be prepared.

(c)

Review of negative declaration. In addition to the notice required under Subsection 11.54.040(e), environmental determination notice, above, the Planning Director shall submit a copy of a notice to adopt a negative declaration/mitigated negative declaration to the State Clearinghouse and/or any other responsible agencies in accordance with Section 15073 of the CEQA Guidelines (14 CCR § 15073) whenever a project requires a permit from said responsible agencies or is subject to the jurisdiction of a State agency under law.

(d)

Clearinghouse review. Where review by the State clearinghouse is required, the decision-making authority shall not consider adoption of the negative declaration/mitigated negative declaration prior to 30 days from receipt by the clearinghouse.

(e)

Adoption. Following the review period, but no earlier than ten days after the notice required in Subsection 11.54.040(e), Environmental Determination Notice, the decision-making authority for the associated discretionary action shall consider any objections filed and shall only adopt the negative declaration/mitigated negative declaration if it finds on the basis of the whole record that there is not substantial evidence that the project will have a significant effect on the environment that cannot be mitigated to less than significant and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. In a case in which there is no discretionary action, the Development Review Committee shall be the decision-making authority. The form of said adoption may be by resolution or minute order and may be combined with the decision on the project if explicitly stated.

(f)

Time limits for adoption. A negative declaration/mitigated negative declaration for a project shall be adopted within 180 days after the application for the project was accepted as complete and all necessary documents for the County to prepare the environmental document have been submitted by the applicant.

(Ord. No. 1624)

(a)

When authorized. An environmental impact report (EIR) shall be prepared in accordance with Public Resources Code Section 21082.1 (California Environmental Quality Act 14 CCR Ch. 3 (14 CCR § 15000 et seq.), including Article 5 (14 CCR § 15060) and 7 (14 CCR § 15080 et seq.) in any of the following circumstances:

(1)

Following an initial study that determines that a project may have a significant effect on the environment.

(2)

At any time prior to the decision on the project where there is substantial evidence in the record that a project may have a significant environmental effect.

(3)

There is serious public controversy over a significant effect on the environment.

(b)

Authority to review and certify. In the case of the review and certification of an EIR, the decision-making authority shall be the body statutorily required to make the final decision on the associated discretionary action. In a case in which there is no discretionary action, the Board of Supervisors shall be the decision-making authority.

(c)

Notice of preparation. Immediately after deciding that an EIR is required for a project, the Planning Director shall cause a notice of preparation to be sent to each responsible agency and every federal agency involved in approving or funding the project and to each trustee agency responsible for natural resources affected by the project pursuant to Section 15082 of the CEQA Guidelines (14 CCR 15082). Work on the Draft EIR may begin immediately without awaiting responses to the notice of preparation.

(d)

Preparation of draft EIRs. When an EIR has been required for a project, the Planning Director shall immediately initiate the preparation of a draft EIR. Said draft EIR shall be prepared by a qualified consultant selected by the Planning Director, provided that all expenses incurred in preparation of the EIR shall be at the expense of the project applicant. The Planning Director shall transmit to the consultant any responses to the notice of preparation in a timely manner.

(e)

List of qualified consultants. The Planning Director shall maintain a list of qualified consultants to prepare an EIR, which shall include any qualified local consultants. The Planning Director shall periodically update said list.

(f)

Selection of consultant; payment of EIR management fees. The Planning Director may select a consultant from the list of qualified consultants or send out a request for proposals to qualified consultants. The Planning Director shall make the final selection of the consultant to prepare the draft EIR. Upon selection, the Planning Director shall establish the cost for the preparation of the Draft EIR and the project applicant shall deposit the amount of such cost with the Yuba County Community Development and Services Agency. In addition, the applicant shall pay EIR management fees as set by ordinance adopted by the Board of Supervisors.

(g)

Scope of work. The Planning Director shall establish the scope of work for the draft EIR based upon the initial study and responses to the notice of preparation.

(h)

Acceptance of draft EIRs. The consultant preparing the EIR shall submit a preliminary draft for approval to the Planning Director. The Planning Director shall ensure that the draft EIR adequately and objectively discloses any potential environmental effects on the County as required by Section 15084(e) of the CEQA Guidelines.

(i)

Notice of completion.

(1)

As soon as a draft EIR is accepted as complete by the Planning Director, a notice of completion shall be filed by the Planning Director with the Office of Planning and Research pursuant to Section 15085 of the CEQA Guidelines (14 CCR § 15085). Within ten days of such filing, the notice shall also be given to all organizations

and individuals who have previously requested such notice and shall further be given by publication at least one time in a newspaper of general circulation in the area affected by the proposed project.

(2)

The notice shall provide a review period for the draft EIR of not less than 45 days nor longer than 60 days from the date of the notice, except in unusual situations. The notice may also include the time set for consideration of the Draft EIR by the decision-making authority and may be included in any public notice otherwise required by law for the project.

(j)

Public review of draft EIRs. During the review period stated in the notice of completion, the Planning Department shall engage in consultation and solicitation of comments pursuant to Sections 15086 and 15087(d), (e), and (f) of the CEQA Guidelines (14 CCR §§ 15086, 15087(d), (e), and (f)). The essence of such consultation and comments shall be available to the decision-making authority for its consideration of the draft EIR. Each member of the Planning Commission and Board of Supervisors shall receive a copy of the draft EIR.

(k)

Public workshop. The Planning Department shall hold a public workshop on the draft EIR during the public review period. Notification of the workshop shall be posted at the County at least 72 hours prior to the workshop and property owners shall be noticed pursuant to Chapter 11.53.050(1) or 11.53.050(4) of this Code. The purpose of the workshop is to inform the public of the draft EIR and to receive and evaluate comments from concerned persons with respect to the adequacy of the draft EIR in conformity with the standards set forth in Section 15151 of the CEQA Guidelines (14 CCR § 15151). County staff will prepare responses to significant environmental issues raised during the public review and consultation process through revisions or attachments to the draft EIR or other methods pursuant to Section 15088 of the CEQA Guidelines (14 CCR § 15088).

(l)

Final EIR. Following the public workshop and completion of the public review period, the Planning Director shall cause a final EIR to be prepared and shall present it to the decision-making authority (responsible for action on the project) for certification.

(m)

Certification. The decision-making authority shall consider a final EIR and shall either certify it as adequate or shall return it for corrections prior to certification, or reject certification of the EIR as inadequate. A copy of the certified, final EIR shall be distributed to each member of all decision-making authorities. The project applicant shall provide a copy of the certified, final EIR to each responsible agency as required by Section 15095(d) of the CEQA Guidelines (14 CCR § 15095(d)). The form of said certification may be by resolution or minute order and may be combined with the decision on the project if explicitly stated.

(n)

Time limits. Time limits for the procedures described in this Section shall be in compliance with Article 8 of CEQA (Public Resources Code § 21000 et seq.).

(Ord. No. 1624)

(a)

Findings. Before reaching a decision on a project, the decision-making authority shall consider the environmental effects of the project as shown in the EIR and shall not approve the project if feasible alternatives or feasible mitigation measures within the County's powers which have not been implemented or required are found to exist that would substantially lessen any significant effect the project would have on the environment. In acting on the project, the decision-making authority shall make written findings required by Section 15091 of the CEQA Guidelines (14 CCR § 15091) for each significant effect or shall make the findings in Section 15093 of the CEQA Guidelines (14 CCR § 15093) regarding overriding considerations if necessary.

(b)

Effect of appeals on project decisions. Where a decision to approve, conditionally approve, or deny a project has been appealed pursuant to Section 11.53.150, Appeals and Calls for Review, and said appeal is based upon an environmental issue, the Negative Declaration or EIR that was adopted or certified by the decisionmaking authority shall be invalid and the body considering the appeal shall either readopt or recertify the environmental document or shall cause a revised environmental document to be prepared pursuant to this Chapter.

(c)

Time for decision. A decision to approve, conditionally approve or deny a development project for which a negative declaration or EIR has been prepared shall be made within one year from the date on which the application requesting approval was accepted as complete. Such time limit may be extended by the County for a period not to exceed 90 days with the consent of the project applicant. The following are exceptions to the one year time frame for a decision:

(1)

Projects that include a legislative action;

(2)

Suspension of time periods pursuant to CEQA Guidelines Section 15109; or

(3)

Projects with Federal involvement pursuant to CEQA Guidelines Section 15110.

(d)

Failure to act. Upon the County's failure to act to approve, conditionally approve, or deny a development project within such time or extension thereof the applicant may invoke the Permit Streamlining Act pursuant to Government Code Section 65956 to constitute approval of the project subject to compliance with any standards, improvements, or dedications required by ordinance including adoption or certification of any required CEQA determination by the County.

(e)

Notice of determination. After a decision to approve, conditionally approve, or deny any project for which an Negative Declaration, Mitigated Negative Declaration or EIR was prepared the Planning Director shall file a Notice of Determination pursuant to Section 15094 of the CEQA Guidelines (14 CCR § 15094).

(Ord. No. 1624)

When a project is proposed in which Yuba County has discretion in a minor capacity and when another agency is the lead agency, the County shall follow the procedures of this Section.

(1)

Consultation. The Planning Director or his or her representative shall consult with the lead agency and furnish information and recommendations to assist the lead agency in preparing adequate documents for the project pursuant to Section 15063 of the CEQA Guidelines.

(2)

Response to notice of preparation. As soon as possible, but no longer than 45 days after receiving a Notice of Preparation from a lead agency, the Planning Director shall send a written reply pursuant to Section 15096 of the CEQA Guidelines. The proposed reply may be presented to the Planning Commission or Board of Supervisors for information and comment prior to being sent.

(3)

Review of draft EIRs and negative declaration. Within the review period allowed by the lead agency or by law, the Planning Director shall formulate comments on draft EIRs and negative declarations for projects that the County will later be asked to approve. Such comments may be based upon review and comments by the Development Review Committee, Planning Commission, or Board of Supervisors as deemed appropriate by the Planning Director.

(4)

Decision on adequacy of draft EIRs and negative declarations. If the Planning Director believes that the EIR or negative declaration prepared by the lead agency is not adequate for use by the County, the Planning Director may bring the matter to the attention of the Planning Commission for recommendations and shall bring it to the attention of the Board of Supervisors for decision and possible action pursuant to Section 15096(e) of the CEQA Guidelines.

(Ord. No. 1624)

Where applicable, in accordance with Section 15183(f) of the CEQA Guidelines, compliance with appropriate County standards and ordinances can serve as mitigation to reduce significant effects. In such instances, the relevant standard or ordinance does not need to be listed as a mitigation measure in the environmental document so long as a discussion of the ability of the standard or ordinance to mitigate the effect is provided in the document's environmental analysis. The Planning Director shall maintain a list of those standards and ordinances that have been adopted by the Board of Supervisors with a finding that the standards or ordinances will substantially mitigate a particular environmental effect when applied to future projects.

(Ord. No. 1624)

The County shall approve a mitigation monitoring and reporting program ("monitoring plan") for all projects that it approves with a mitigated negative declaration or final EIR. The purpose of the monitoring plan is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project.

(1)

Application. A monitoring plan shall be prepared for any private or public nonexempt discretionary project approved by Yuba County that is subject to either a Negative Declaration or EIR and that includes mitigation measures necessary to reduce impacts to a less-than-significant level. The applicant for or sponsoring department of the project shall prepare a draft monitoring plan and submit it to the Planning Department for independent review.

(2)

Timing.

a.

EIRs. Draft monitoring plans for projects for which an EIR is prepared shall be included in the draft EIR. The monitoring plan shall be subject to the same public review and comment accorded all other portions of the EIR. The final monitoring plan shall be adopted as a part of the CEQA findings for the subject project.

b.

Negative declarations. If required for a mitigated negative declaration, a monitoring plan shall be prepared prior to adoption. The monitoring plan shall be attached to the proposed negative declaration as a supporting exhibit.

(3)

Contents of plan. A monitoring plan shall contain, at a minimum, the following:

a.

A listing of every mitigation measure contained in the EIR or mitigated negative declaration. The decisionmaking authority may modify or delete recommended mitigation measures so long as the appropriate findings are made. Also, reference should be made to the page in the EIR where the mitigation measure is described.

b.

Identification of individuals or organizations responsible for monitoring and/or reporting.

c.

Identification of individuals or organizations responsible for verifying compliance.

d.

Identification of the phase (or date) of the permit process (e.g., prior to tentative map application, final map application, issuance of grading permit, issuance of building permit, certificate of occupancy, etc.) when each mitigation measure shall be initially implemented.

e.

Identification of the frequency and duration of required monitoring, if a measure requires continuous, frequent, monthly, or annual monitoring.

f.

Identification of when measure must be implemented (monitoring milestones) (e.g., prior to approval of final map).

g.

Identification of the performance criteria for determining the success of the mitigation measure, if appropriate (e.g., success rate, measurement criteria, etc.).

h.

Identification of a detailed work program and task assignments for monitoring, if appropriate.

i.

Identification of the cost, proposed funding, and budget for the monitoring plan, if appropriate.

(4)

Implementation.

a.

Private projects. For private projects, the applicant shall be responsible for monitoring mitigation measure implementation and reporting in writing on the progress, completion, and any violations of the mitigation plan to the Planning Department. The applicant shall, in those reports, certify the sufficiency of the monitor's expertise in determining whether the mitigation measures were accomplished. The Planning Department, using qualified staff or contracted personnel, shall verify all information set forth in the applicant's reports, using field visits as necessary.

b.

Public projects. For public projects, the sponsoring department shall be responsible for monitoring mitigation measure implementation and reporting in writing on the progress, completion and any violations of mitigation plan to the Planning Department.

c.

Availability of reports. The reports specified in this Section are public information and shall be made available to the public as part of the normal County filing process.

(5)

Fees.

a.

All costs for the preparation and implementation of a monitoring plan shall be paid by the project applicant or sponsoring department, in accord with the adopted fee schedule.

b.

The estimated cost of implementing the monitoring plan shall be submitted to the Planning Department and deposited in a trust account prior to the acceptance of any plans for review by the County for the issuance of demolition, construction, site preparation, grading, building permits, or other entitlement.

c.

If the actual cost of required monitoring activities exceeds the initial deposit, the excess costs shall be submitted to the County prior to issuance of an occupancy permit unless otherwise specified in the mitigation plan. If the actual cost is less, the difference will be refunded to the applicant.

d.

Mitigation plans that extend beyond 12 months may be funded with periodic payments instead of the full cost being submitted as specified above. This alternative fee arrangement must be specified in the proposed mitigation plan and approved by the decision-making authority.

e.

Projects that include mitigation plans requiring monitoring for longer than 12 months will be required to demonstrate that long-term funding of monitoring will be ensured through one or more of the following mechanisms: deed restrictions; conditions, covenants and restrictions (CC&Rs); cash deposit; letters of credit; or other financial assurances acceptable to the County.

(6)

Enforcement.

a.

Violation of monitoring plan prior to project completion. Violation of the monitoring plan, where a mitigation measure is to be implemented during site preparation or building construction, shall result in notification of the violation by the Planning Director and issuance of a stop-work order by the appropriate County permit-issuing authority until the matter is resolved.

b.

Violation of monitoring plan following project completion. Violation of an approved monitoring plan subsequent to project completion or occupancy shall result in one or more of the following actions:

1.

The person or firm responsible for monitoring shall report (whether or not it is the normal time designated in the monitoring plan for reporting) to the Planning Director the facts surrounding the noncompliance.

2.

Upon receipt of the monitoring report, the Planning Director shall place the report on the next available Board of Supervisors agenda and notify the applicant of this action. The Planning Director shall also notify any persons who have requested such notification.

3.

The Board of Supervisors shall consider the report and any information presented by the applicant and shall determine whether or not there is a violation of the project approval.

4.

If no violation is found, the applicant shall be so notified in writing.

5.

If a violation is found that can be corrected, the applicant will be notified of the needed correction in writing and will be given a reasonable period of time (normally ten days) in which to correct the violation.

6.

If a violation is found that cannot be corrected, or if the applicant fails to correct the violation according to Subsection 5. above, the County Counsel shall institute proceedings to stop work on the project and seek whatever legal remedies are available, such as, but not limited to prosecution of the responsible party for a misdemeanor; forfeiture of bonds, cash deposits, and/or letters of credit; and/or repeal of any land use entitlements.

(7)

Amendment of mitigation program not permitted following adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this Code authorize the County to modify or add mitigation measures if the monitoring program shows that the mitigation measures have not achieved the desired result.

(Ord. No. 1624)

The applicant or any aggrieved person may appeal the following environmental determinations directly to Board of Supervisors in the manner described in Section 11.53.150, Appeals and Calls for Review:

(1)

Determination that a project is or is not subject to environmental review.

(2)

Determination that a project is exempt from environmental review.

(3)

Adoption of a negative declaration or mitigated negative declaration by the development review committee or planning commission.

(4)

Certification of a final EIR by the development review committee or planning commission.

(Ord. No. 1624)

CHAPTER 11.55 - ZONING CLEARANCES

This Chapter establishes procedures for conducting a zoning clearance to verify that each new or expanded use, activity, or structure complies with all of the applicable requirements of this Code.

(Ord. No. 1624)

A zoning clearance may be required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, change of occupant or tenant on a parcel of land or building, or for substantial expansions in the use of land or building, that are allowed as a matter of right by this Code. In addition, any person may request and the Planning Department shall issue a zoning clearance certification stating the zoning standards for any parcel located within the unincorporated area of the County.

(Ord. No. 1624)

Before the County may issue any business license, building permit, subdivision approval, or lot line adjustment, the Zoning Administrator shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this Code or any design review, use permit or variance approval and that all conditions of such permits and approvals have been satisfied.

(1)

Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 11.53.020, Application Forms and Fees. The Zoning Administrator may request that the zoning clearance application be accompanied by a written narrative, plans and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this Code and the requirements and conditions of any applicable use permit or variance approval.

a.

Zoning clearance associated with a building permit. Plans submitted to the Building Department shall include plans, specifications and information that demonstrate conformance with this Title. A separate zoning clearance application form is not required and the zoning clearance associated with the issuance of a building permit shall be the plans approved by the Planning Department for issuance of the building permit.

(2)

Determination. If the Zoning Administrator determines that the proposed use or building is allowed as a matter of right by this Code, and conforms to all the applicable development and use standards, the Zoning Administrator shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Code.

a.

Notice. Zoning clearance required for issuance of a building permit shall be provided directly to the Building Department. If a zoning clearance is required that is not part of a building permit, it will be mailed to the applicant within seven working days.

(3)

Exceptions. No zoning clearance shall be required for the continuation of previously approved or permitted uses and structures, or for new ancillary uses and accessory structures that are not subject to any building or zoning regulations unless specifically identified in conditions of approval or this Code.

(4)

Expiration of zoning clearance. A zoning clearance shall expire upon the earlier event of the following:

a.

One hundred and eighty days after issuance, unless otherwise indicated on the zoning clearance; or

b.

When the proposed use or development no longer conforms to all applicable provisions of this Title (i.e. the zoning or land use designation is changed).

c.

If a zoning clearance is issued in conjunction with a building permit, the zoning clearance shall expire when the building permit expires.

(Ord. No. 1624)

Zoning clearance decisions are subject to the appeal provisions of Section 11.53.150, Appeals and Calls for Review.

(Ord. No. 1624)

CHAPTER 11.56 - DESIGN REVIEW

This Chapter establishes the design review procedure. The specific purposes of design review are to:

(1)

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

(2)

Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

(3)

Supplement other County regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

(Ord. No. 1624)

A design review permit shall be obtained prior to the issuance of a building permit or zoning clearance for any new construction; exterior remodeling; site design, architectural, landscaping or circulation modifications including parking or driveway locations or addition of mechanical equipment to non-residential uses or new or modified residential master plans including landscaping and as otherwise required by this Code in areas subject to adopted design guidelines including community and specific plans. With the exception of the following:

(1)

Single family residence or a two family residence with exception of production housing;

(2)

Principally permitted uses within zone districts located within the General Plan Natural Resources land use designation including those uses that require approval of a zoning clearance.

(3)

Construction, reconstruction, repair and maintenance, for a project developed in compliance with a previous Design Review approval, including additions of floor area within an existing building envelope;

(4)

Telecommunication facilities except for camouflage facilities; and,

(5)

Signs.

(Ord. No. 1624)

The responsibilities for conducting design review shall be as follows:

(1)

Permit review authority. For design review applications associated with another discretionary permit, such as a use permit or variance, the decision-making authority for the associated permit shall also have design review authority.

(2)

Planning director (administrative design review). The Planning Director shall have design review authority for all projects that do not meet the criteria listed in Subsection A and are not associated with another discretionary permit or minor modifications to an approved design review permit such as but not limited to:

a.

Reviewing individual buildings for compliance with an approved master design review permit;

b.

Replacement of landscaping with at least equal or greater water efficient landscaping (consistent with the Water Efficient Landscape Ordinance);

c.

Installation of new landscaping areas when deemed to meet the intent of the approved design review permit or new landscaping for projects not previously subject to design review;

d.

Modifications to parking areas including compliance with Americans with Disabilities Act and re-striping where there is no net decrease in the number of parking spaces;

e.

Minor building facade improvements such as the rearrangement or addition of doors, windows and awnings;

f.

Addition of security facilities including security gates and gate houses at a project entrance;

g.

Modifications to existing walls and fences or addition of new fencing or walls;

h.

Other minor alterations, enlargements or remodels to existing buildings, structures and/or improvements (including new construction on partially developed properties) which are:

1.

Compatible with and in substantial conformance with the existing development and the previously approved permit;

2.

Do not create the need for new parking nor affect existing or required parking;

3.

Are not visible from any public street or area held open to the public; and

4.

Meet all the requirements of this Code and the community design guidelines.

(Ord. No. 1624)

Design review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

(1)

Building proportions, massing, and architectural details;

(2)

Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

(3)

Size, location, design, development, and arrangement of on-site parking, circulation, and other paved areas;

(4)

Exterior materials and, color as they relate to each other, to the overall appearance of the project, and to surrounding development;

(5)

Height, materials, design, and, color of fences, walls, and screen plantings;

(6)

Location and type of landscaping including selection and size of plant materials, design of hardscape, and irrigation; and

(7)

Location and design of wall mounted and freestanding lighting.

(Ord. No. 1624)

(a)

Applications and fees. Written applications for Design Review Permits shall be submitted to the Planning Department in compliance with the application procedures in Chapter 11.53, Common Procedures. In addition to any other application requirements, an application for design review shall include drawings or other evidence showing that the project conforms to the required findings set forth in Section 11.56.060, Criteria for Approval.

(b)

Design guidelines. Design guidelines adopted by the Board of Supervisors provide recommendations to be used in the design review process. They are intended to promote high-quality design, well-crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

(c)

Concurrent processing. When a development project requires a use permit, variance, or any other discretionary zoning approval in addition to design review approval, the design review application shall be submitted to the planning department as a part of the application for the underlying use permit, variance, or other permit.

(d)

Alterations to drawings. If alterations to the approved drawings are desired by the applicant, the drawings shall be re-submitted and processed according to the procedures established for approval of the original drawings unless the change(s) qualifies as a minor modification.

(Ord. No. 1624)

When conducting design review, the decision-making authority shall evaluate applications to ensure that they conform to the policies of the General Plan and any applicable specific plan, development standards of this Code, and are consistent with any other policies or design guidelines the Board of Supervisors may adopt for this purpose.

(Ord. No. 1624)

In granting design review approval, the decision-making authority may impose conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this Chapter and ensure compliance with the applicable criteria and standards established by this Code. They may not impose requirements pertaining to use of land or that are more restrictive than the standards set forth in this Code or a valid use permit or variance if such conditions would require a reduction in the residential density or the Floor Area Ratio (FAR) of a proposed project.

(Ord. No. 1624)

(a)

Appeals. Design review decisions are subject to the appeal provisions of Section 11.53.150, Appeals and Calls for Review.

(b)

Expiration, extensions and modifications. Design review approval is effective and may only be extended or modified as provided for in Chapter 11.53, Common Procedures.

(c)

Failure to comply with conditions. Failure to comply with any condition of approval of a design review application is a violation of this Code subject to provisions of Chapter 11.67, Enforcement and Abatement Procedures.

(d)

Revocation of design review. A design review approval may be revoked as provided by Section 11.53.140, Revocation of Approvals.

(Ord. No. 1624)

CHAPTER 11.57 - USE PERMITS

The use permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they will be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

(Ord. No. 1624)

This Chapter sets forth the requirements for three use permit types: administrative use permits, minor use permits and major conditional use permits.

(1)

Use permit types.

a.

Administrative use permits. Administrative use permits are those uses that have minimal potential of negatively affecting surrounding properties and are exempt under the California Environmental Quality Act (CEQA). Given the ancillary nature of these types of uses, a public hearing is not required and the only improvement standards required are those mandated by state or federal law or Title 10 of the Yuba County Code. All development standards related to setbacks, site coverage, height restrictions, parking and access shall also apply.

b.

Minor and major use permits. Minor and major use permits are those uses that due to their operational characteristics merit public review to insure compatibility with surrounding properties. The scale and intensity of a use is the basis for determining whether a use is a classified as major or minor use permit.

(2)

Approval of a use permit. Approval of a use permit is required for uses or developments specifically identified in Division II, Base and Overlay Districts, and/or any other section of this Code that requires a use permit. However, the following projects shall be processed as administrative use permits:

a.

Enlargement or expansion of a use authorized under a conditional use permit, provided that the addition will not result in an increase of more than 50 percent of the existing facility and the expansion is exempt from CEQA.

b.

Enlargement or expansion of the existing nonconforming use provided that the addition will not result in an increase of more than 25 percent of the existing facility and is exempt from CEQA.

c.

Uses identified in Division II, Base and Overlay Districts; Land Use Regulation tables as a use allowed through approval of an administrative use permit.

(Ord. No. 1624)

(a)

Major conditional use permits. The Planning Commission shall approve, conditionally approve, or deny applications for major conditional use permits based on consideration of the requirements of this Chapter.

(b)

Minor use permits. The Development Review Committee shall approve, conditionally approve, or deny applications for minor use permits. The Development Review Committee or CDSA Director may, at its discretion, refer any application for a minor use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision. In that case, the application shall be subject to Planning Commission hearing and any additional legal notification fees. Projects that qualify for streamlined review under Government Code § 65913.4 (SB 35) that require a minor use permit must be reviewed using objective standards in compliance with law.

(c)

Administrative use permits. The Zoning Administrator shall approve, conditionally approve, or deny applications for administrative use permits for projects that are exempt from CEQA. The Zoning Administrator may, at his/her discretion, refer any application for an administrative use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Development Review Committee for a decision rather than acting on it himself/herself. In that case, the application shall be subject to any legal

notification fees. Projects that are determined not to be exempt from CEQA shall be processed as a minor use permit.

(Ord. No. 1624)

Applications for use permits shall be filed with the Planning Department on the prescribed application forms in accordance with the application procedures in Chapter 11.53, Common Procedures. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by Section 11.57.060, Required Findings for Approval, below.

(Ord. No. 1624)

(a)

Major conditional use permits. All applications for major use permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 11.53, Common Procedures.

(b)

Minor use permits. All applications for minor use permits shall require public notice and hearing before the Development Review Committee unless forwarded to the Planning Commission for action pursuant to Chapter 11.53, Common Procedures.

(c)

Administrative use permits.

(1)

The Zoning Administrator shall review the application for compliance with this Code and shall approve, approve with modifications and/or conditions, or deny the application based on the findings set forth in Section 11.57.060 of this Chapter.

(2)

The Zoning Administrator may waive the requirements for a public hearing; however notice of the proposed action shall be posted in the Planning Department and mailed to the applicant and all property owners of record within a 300 (VGB) or 1,000 foot radius of the subject property as shown on the latest available assessment role at least ten days prior to the date of action.

a.

If a request for public hearing is not received by the date of action indicated in the notice, the Zoning Administrator shall take action on the permit the following business day. A copy of the determination shall be mailed to the applicant and summary of the action posted in the CDSA Department for a minimum of ten days.

b.

Requests for a public hearing shall be made to the Planning Department in writing on a form prescribed by the Planning Department and accompanied by a fee as established by the Board of Supervisors. Requests for public hearing shall be made prior to the date of action listed on the public notice.

1.

The Zoning Administrator shall schedule and notice the permit for a public hearing by the Development Review Committee within 30 days of receipt of the request for public hearing.

(Ord. No. 1624)

The decision-making authority must make all of the following findings in the affirmative in order to approve or conditionally approve a use permit application. The inability to make one or more of the findings in the affirmative is grounds for denial of an application.

(1)

The proposed use is allowed within the applicable zoning district or overlay district and complies with all other applicable provisions of this Code and all other titles of the Yuba County Code;

(2)

The proposed use is consistent with the General Plan, and any applicable adopted community plan or specific plan;

(3)

The proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the surrounding area;

(4)

The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

(5)

The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code;

(6)

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

(7)

The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

(8)

An environmental determination has been prepared in accordance with the California Environmental Quality Act.

(Ord. No. 1624)

In approving a use permit, the decision-making authority may impose reasonable conditions or restrictions deemed necessary to:

(1)

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the Board of Supervisors;

(2)

Achieve the general purposes of this Code or the specific purpose of the zoning district in which the project is located;

(3)

Achieve the findings for a use permit listed in Section 11.57.060, Required Findings for Approval, above; or

(4)

Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act.

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1624)

(a)

Appeals. A decision of the Zoning Administrator, Development Review Committee, or Planning Commission may be appealed to the Board of Supervisors, as provided in Section 11.53.150, Appeals and Calls for Review.

(b)

Expiration, extensions and modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 11.53, Common Procedures.

(c)

Failure to comply with conditions. Failure to comply with any condition of approval of a use permit is a violation of this Code subject to provisions of Chapter 11.67, Enforcement and Abatement Procedures.

(d)

Revocation of use permits. A use permit may be revoked as provided by Section 11.53.140, Revocation of Approvals.

(Ord. No. 1624)

CHAPTER 11.58 - TEMPORARY USE PERMITS

This Chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

(Ord. No. 1624)

Approval of a temporary use permit is required for uses specifically identified in Section 11.32.300, Temporary Uses, and/or any other section of this Code that requires a temporary use permit.

(Ord. No. 1624)

(a) Application. Applications for temporary use permits shall be filed with the Planning Department on the prescribed application forms in accordance with the application procedures in Chapter 11.53, Common Procedures. Applications for type 1 temporary use permits require public notification and therefore should be submitted at least 60 days before the use is intended to begin. An application for a type 2 temporary use permit shall be submitted at least 30 days before the use is intended to begin.

(b) Decision-making authority.

(1)

Type 1 temporary use permits. Upon determining the application as complete and receipt of draft conditions from other departments within CDSA (if applicable), the Zoning Administrator shall provide notice of the proposed action to the applicant and all property owners of record within a 300 (VGB) or 1,000-foot radius of the subject property as shown on the latest available assessment role at least ten days prior to the date of action. Notice shall also be posted within the CDSA Department.

a.

If a request for public hearing is not received by the date of action indicated in the notice, the Zoning Administrator shall approve, conditionally approve, or deny the request the following business day. A copy of the written determination shall be submitted to the applicant and posted in the CDSA Department for a minimum of ten days.

b.

Requests for a public hearing shall be made to the Planning Department in writing on a form prescribed by the Planning Department and accompanied by a fee as established by the Board of Supervisors. Requests for public hearing shall be made prior to the date of action listed on the public notice.

The Zoning Administrator shall schedule and notice the permit for a public hearing by the Development Review Committee within 30 days of receipt of the request for public hearing.

(2)

Type 2 temporary use permits. Within ten days of accepting an application for a temporary use permit as complete, the Zoning Administrator shall render a written decision. The decision shall be mailed to the applicant and posted in the CDSA Department.

(Ord. No. 1624)

The Zoning Administrator may approve an application for a temporary use permit only upon making both of the following findings:

(1)

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the County;

(2)

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas; and

(3)

The proposed use complies with any applicable design or development standards of Section 11.32.300, Temporary Uses and Special Events.

(Ord. No. 1624)

The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the findings for a temporary use permit listed in Section 11.58.040, Required Findings for Approval, above, including, but not limited to: setbacks and height restrictions; regulation of ingress and egress and traffic circulation; fire protection and access for fire vehicles; regulation of lighting; regulation of hours and/or other characteristics of operation; and removal of all trash, debris, signs, sign supports and temporary structures, and electrical service. The Administrator may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1624)

The temporary use shall be limited to the dates and times (or period of time), nature, and extent prescribed by the Zoning Administrator.

(Ord. No. 1624)

CHAPTER 11.59 - VARIANCES

This Chapter is intended to provide a mechanism for relief from the strict application of this Code where such strict application would deprive the property owner of privileges enjoyed by similar properties in the vicinity and under the same zoning classification because of the subject property's unique and special conditions.

(Ord. No. 1624)

This Chapter applies to variations to standards that exceed the thresholds to qualify for a waiver or exception pursuant to Chapter 11.60, Waivers and Modifications. Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow land uses or activities that this Code does not authorize for a specific site.

(Ord. No. 1624)

The Planning Commission shall approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this Chapter.

(Ord. No. 1624)

(a)

Application requirements. Applications for a variance shall be filed with the Planning Department on the prescribed application forms in accordance with the procedures in Chapter 11.53, Common Procedures. In addition to any other application requirements, the application for a variance shall included data or other evidence showing that the requested variance conforms to the required findings set forth in Section 11.59.050, Required Findings for Approval.

(b)

Public notice and hearing. An application for a variance shall require public notice and hearing before the Planning Commission pursuant to Chapter 11.53, Common Procedures.

(Ord. No. 1624)

After conducting a public hearing, the Planning Commission may approve or conditionally approve a variance application only if it can make all of the following findings. The decision-making authority shall deny an

application for a variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

(1)

Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of this Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

(2)

The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which subject property is situated.

(3)

The granting of the variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated.

(4)

The granting of the variance will be consistent with the general purposes and objectives of this Code, any applicable specific plans or adopted community plans, and the General Plan.

(5)

The variance does not authorize a use that is not otherwise permitted in the zone.

(Ord. No. 1624)

In approving a variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 11.59.050, Required Findings, above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1624)

(a)

Appeals. The applicant or any other aggrieved party may appeal a decision on a variance pursuant to the provisions of Section 11.53.150, Appeals and Calls for Review.

(b)

Expiration, extensions and modifications. Variances are effective and may only be extended or modified as provided for in Chapter 11.53, Common Procedures.

(c)

Failure to comply with conditions. Failure to comply with any variance condition is a violation of this Code subject to enforcement, penalties, and legal procedure as prescribed by Chapter 11.67, Enforcement and Abatement Procedures.

(d)

Revocation of variance. A variance may be revoked as provided by Section 11.53.140, Revocation of Approvals.

(Ord. No. 1624)

CHAPTER 11.60 - WAIVERS AND MODIFICATIONS

The purpose of this Chapter is to establish an alternate means of granting relief from the requirements of this Code when so doing would be consistent with the purposes of the Code and it is not possible or practical to approve a variance. Further, it is the policy of the County to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act to provide reasonable accommodation to persons with disabilities seeking fair access to housing through waiver of the application of the County's zoning regulations. This Chapter authorizes the Zoning Administrator to grant administrative relief from the code's dimensional requirements to achieve these and other objectives.

(Ord. No. 1624)

(a)

Standards for which waivers and modifications may be considered. Applicants who are not requesting reasonable accommodation to ensure access to housing as provided for by federal and/or State law may submit an application requesting a waiver or exception to any of the following standards:

(1)

Minimum yards, up to 20 percent of the required yard/setback requirement;

(2)

Maximum height of fences and freestanding walls, up to one foot over allowed height;

(3)

Maximum height of buildings and structures, up to 20 percent;

(4)

Maximum lot coverage, up to 20 percent;

(5)

Minimum landscaping, up to 20 percent of required landscaping for site or parking lot;

(6)

Minimum number of required parking spaces, up to 20 percent reduction;

(7)

Minimum number of required bicycle parking spaces;

(8)

Dimensional standards for parking aisles, driveways, and parking facility design;

(9)

Maximum sign area, up to 20 percent;

(10)

Maximum number of animals, up to 25 percent;

(11)

Minimum parcel size for Animal Raising and Keeping (educational project exemption);

(12)

Student agricultural education projects (4H and FAA) on residential properties less than one acre in size;

(13)

Other deviations to standards as identified in this Development Code as being authorized through approval of a waiver; and

(14)

Minimum lot size for second residence (outside VGB 4.5 acres when on a septic and well).

(b)

Exclusions. Waivers and modifications to subdivision standards; dedications and reservations; or improvement standards identified in Division IV, Land Divisions shall be processed pursuant to the requirements outlined in Division IV. Waivers and modifications may not be considered for increases or decreases in residential density.

(c)

Requests for reasonable accommodation. A waiver of or modification to a standard that exceeds the thresholds in Subsection (a) above may be granted when such waiver or modification is necessary to comply with the reasonable accommodation provisions of federal law based on a determination that the specific circumstances of the application warrant such an accommodation.

(Ord. No. 1624)

(a)

Authority and duties. The Zoning Administrator shall approve, conditionally approve, or deny applications for waivers and modifications based on consideration of the requirements of this Chapter.

(b)

Application requirements. An application for a waiver shall be filed with the Planning Department in accordance with Section 11.53.020, Application Forms and Fees. The application shall state in writing the nature of the waiver requested and explain why the findings necessary to grant the waiver are satisfied. The applicant shall also submit plans delineating the requested waiver.

(c)

Review of requests for reasonable accommodation to ensure access to housing. An application for reasonable accommodation to ensure access to housing will be referred to the Zoning Administrator for review and consideration. The Zoning Administrator shall issue a written decision within 45 days of the date of the application and may grant the reasonable accommodation request, grant with changes to the request, or deny the request. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

(d)

Concurrent processing. If a request for waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this Code, it shall be heard and acted upon at the same time and in the same manner as that application.

(e)

Public notice and hearing. Except for waivers processed in conjunction with another application or entitlement under this Code, waivers do not require a public hearing or public notice prior to taking action. A notice of the Zoning Administrator's decision shall be posted in the Planning Department for a period of ten days from the date of the decision.

(Ord. No. 1624)

A decision to grant a waiver or modification shall be based on the following findings:

(1)

The waiver or modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

(2)

There are no alternatives to the requested waiver or modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

(3)

The granting of the requested waiver or modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Code.

(4)

If the waiver or modification requested is to provide reasonable accommodation pursuant to State or federal law, in addition to any other findings that this Chapter requires, the decision-maker must only make the following findings:

a.

That the housing or other property that is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;

b.

If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or federal law;

c.

That the conditions imposed, if any, are necessary to prevent an undue financial or administrative burden on the County; and

d.

That granting of the requested waiver or modification would require a fundamental alteration in the nature of a County program or law including but not limited to land use and zoning.

(Ord. No. 1624)

(a)

In approving a waiver or modification, the Zoning Administrator may impose any conditions deemed necessary to:

(1)

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable specific plan, community plan, or other plan or policy adopted by the Board of Supervisors;

(2)

Achieve the general purposes of this Code or the specific purposes of the zoning district in which the project is located;

(3)

Achieve the findings for a waiver or exception granted; or

(4)

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.

(b)

Waivers and modifications approved based on State or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

(Ord. No. 1624)

(a)

Appeals. The applicant or any other aggrieved party may appeal a decision on a waiver or exception pursuant to the provisions of Section 11.53.150, Appeals and Calls for Review.

(1)

An appellant may request a reasonable accommodation in the procedure by which an appeal will be conducted.

(2)

If an appellant needs assistance in filing an appeal, the Planning Department shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant.

(b)

Expiration, extensions, and modifications. Waivers and exceptions granted under this Chapter are effective and may only be extended or modified as provided for in Chapter 11.53, Common Procedures.

(Ord. No. 1624)

CHAPTER 11.61 - AMENDMENTS TO DEVELOPMENT CODE AND OFFICIAL ZONING MAP

This Chapter provides procedures by which changes may be made to the text of this Code and to the official zoning map whenever the public necessity and convenience and the general welfare require such amendment to maintain consistency with the General Plan.

(Ord. No. 1624)

The procedures in this Chapter shall apply to all proposals to change the text of this Code or to revise a zoning district classification or zoning district boundary line shown on the official zoning map.

(Ord. No. 1624)

An amendment to the Development Code text or official zoning map may be initiated by:

(1)

Application by any qualified applicant identified in Section 11.53.020, Application Forms and Fees;

(2)

A motion of the Board of Supervisors; or

(3)

Upon recommendation by the Planning Commission, CDSA Director or Planning Director to clarify text, address changes mandated by State law, maintain general and specific plan consistency, to address minor boundary adjustments, or for any other reason beneficial to the County.

(Ord. No. 1624)

(a)

Application. A qualified applicant shall submit an application for an amendment to the Development Code text or official zoning map on a form prescribed by the Planning Department accompanied by the required fee. The Planning Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

(b)

Concurrent processing. An application for an amendment to the Development Code text or official zoning map may be processed concurrently with other applications, at the discretion of the Planning Director. Entitlements approved in conjunction with an amendment to the Development Code text or official zoning map that cannot be approved without the amendment shall not be effective until the amendment is effective.

(Ord. No. 1624)

(a)

Staff report. The Planning Director shall prepare a report and recommendation to the Planning Commission on any application for an amendment to the Development Code text or official zoning map. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 11.61.080, Required Findings for Approval, of this Chapter, and an environmental document prepared in compliance with the California Environmental Quality Act.

(b)

Scheduling. The Planning Department shall schedule the application for hearing by the Planning Commission.

(c)

Public notice. At least ten days before the date of the public hearing, the Planning Department shall provide notice consistent with Chapter 11.53, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 1624)

11.61.060. - Planning commission hearing and recommendation.

(a)

Planning commission hearing. The Planning Commission shall conduct a public hearing in conformance with Chapter 11.53, Common Procedures.

(b)

Recommendation to board. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, findings related to the criteria in Section 11.61.080, Required Findings for Approval, and the relationship of the proposed for amendment to applicable general and specific plans, and shall be transmitted to the Board of Supervisors in the form of a Board memo, prepared by planning staff, with a copy of the approved minutes or minute order from the Planning Commission meeting.

(Ord. No. 1624)

11.61.070. - Board of supervisors hearing and action.

(a)

If the matter under consideration is a proposal to reclassify a property from one zone to another and the Planning Commission has recommended against the adoption of such amendment, the Board of Supervisors is not required to take any further action unless an interested party files a written request for a hearing with the Planning Department within ten days after the Planning Commission action.

(b)

When a change of zone or Development Code Amendment is forwarded to the Board of Supervisors for action, the Board of Supervisors shall hold a duly-noticed public hearing pursuant to Section 11.53.050, Notice of Public Hearings. In addition, the notice shall include a summary of the Planning Commission recommendation.

(c)

After the conclusion of the hearing, the Board of Supervisors may approve, modify or deny the proposed amendment. If the Board proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Board for adoption.

(Ord. No. 1624)

The Planning Commission shall not recommend and the Board of Supervisors shall not approve an amendment unless the proposed amendment meets the criteria of this Section:

(1)

Development code text amendments. An amendment that involves changes to the text of this Code may only be approved if it meets the following criteria:

a.

The amendment is consistent with the General Plan and any adopted and applicable community plan or specific plan; and

b.

The amendment is consistent with the purpose of this Code to promote the growth of the County in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

(2)

Amendments to official zoning map. An amendment that involves a change to the Official Zoning Map may only be approved if it meets the following criteria:

a.

The change in district boundaries is consistent with the General Plan and any applicable adopted community plan or specific plan;

b.

The change in district boundaries is consistent with the purpose of this Code to promote the growth of the County in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare; and

c.

The change in district boundaries is necessary to achieve the balance of land uses desired by the County, consistent with the General Plan, and to increase the inventory of land within a given zoning district.

(Ord. No. 1624)