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