Yuba County Municipal Code § 11.63.070 Required findings for approval

This Chapter establishes a process for review and approval of Community Plans. Community Plans focus on a particular region or community within the more extensive planning area encompassed by the General Plan and refine its policies and designations as they apply to such areas. Community Plans provide a process for residents to work in conjunction with the County to prepare community-based plans that guide future land use and development. Community Plans also help ensure the orderly development of Rural Communities and Rural Centers, consistent with General Plan policies and objectives.

(Ord. No. 1624)

The provisions of this Chapter apply to all proposals for the adoption or amendment of a Community Plan.

(Ord. No. 1624)

A Community Plan may be initiated by any qualified applicant identified in Section 11.53.020, Application Forms and Fees, or by a motion of the Board of Supervisors or recommendation of the Planning Commission or CDSA Director.

(Ord. No. 1624)

(a) Pre-application review. Prior to submitting an application for a Community Plan, the applicant shall schedule a pre-application review conference with the CDSA Director to discuss the general acceptability of the project proposal, possible problems that may be encountered, and the need, if any, for interagency coordination.

(b) Application. An applicant shall submit an application for a Community Plan on a form prescribed by the Planning Department and accompanied by the required fee. A Community Plan shall include the elements listed in Section 11.63.050, Requirements for Community Plans, of this Chapter. The application for a Community Plan shall include:

(1) Plan narrative. A general narrative describing the location of the plan, its total acreage, and the existing character and use of the plan area and adjoining areas; proposed uses and activities; proposed residential densities, if appropriate; and the relation of the proposed Community Plan to the General Plan.

(2) Maps and diagrams. Maps, diagrams, and other graphics necessary to establish the physical scale and character of the plan area and demonstrate the relationship among its constituent land uses and public facilities.

a. Project boundaries. A map showing the proposed project boundaries, the perimeter of the ownership, location and dimensions of any existing property lines and easements within the site, and the location of buildings, roads, parking and open areas.

b. Site plan. A site plan indicating the proposed land uses and the total floor area or land area devoted to each; the proposed density or intensity of development; the location of proposed streets, pedestrian ways, and bike ways; and the general location of proposed lot lines, structures, buildings, parking, yards, pathways, open spaces and other public or private facilities.

(3) Other information. The Planning Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application and for the Board of Supervisors to determine if the project meets the required findings for approval.

(c) Coordination with other applications. The Planning Director may allow any necessary applications for Community Plans to be processed concurrently with any other permit required by this Code.

(Ord. No. 1624)

(a) Minimum area. The minimum plan area for a Community Plan shall be five acres. However, a Community Plan for a smaller area may be considered and approved if consistent with the purposes of this Chapter and the General Plan. The plan area may consist of a single parcel or a combination of adjoining parcels.

(b) Land uses. Land uses shall reflect the land use mix in the General Plan Land Use Diagram. Adjustments to the locations of land uses indicated on the General Plan Land Use Diagram may be approved, as long as the total allocation of each use within each plan area is generally consistent with the proportions indicated on the General Plan Land Use Diagram.

(1) Residential uses. The plan shall include proposed lot size ranges and residential dwelling types (single-family detached, small-lot single family, townhomes, multi-family) within the plan area.

(2) Public parks and open space. A Community Plan shall identify parks and open spaces. It shall contain an appropriate range of park facilities, such as local parks, regional parks, trails, and open space, to serve the plan area. Parks and open spaces shall be sized and located consistent with the recreational open space guidelines in the natural resources element of the General Plan, and shall also be consistent with the Yuba County Parks Master Plan.

(3) Public uses. A Community Plan shall indicate the location of public uses needed to serve the plan area or surrounding area. Schools shall be located as shown on the General Plan Land Use Diagram or as determined through consultation with the County and the applicable school district.

(c) Density and intensity standards. The Community Plan may identify more precise standards related to density and intensity to locations within the plan area provided the total development density and intensity in a Community Plan shall not exceed the amount permitted by the General Plan total area of the Community Plan.

(d) Development standards. Development standards for the physical development of property. The General Plan provides for flexibility to allow reduced front yard setbacks, smaller driveways, and other techniques for compact housing that makes efficient use of land and still fits within the context of Yuba County.

(e) Circulation system. A Community Plan shall indicate the location of transportation facilities that will serve the plan area and connect it to surrounding areas. It shall show the location of arterials and collector roads and their relation to existing and planned roads in adjacent areas. Streets shall be aligned with existing planned arterial and collector streets in adjacent areas in such a way that a continuous street pattern is created. The Community Plan shall include a system of bicycle and pedestrian routes that provides access to the plan area, according to the character and needs of the area. The circulation system shall be consistent with the vehicular circulation diagram, bicycle and pedestrian circulation diagram, and transit circulation diagram of the General Plan and Yuba County Master Bikeway Plan, though refinements and additional facilities needed to serve the plan area may be proposed.

(f) Utilities. The locations and capacities of existing utilities in the vicinity of the site, and tentative extensions to the site.

(g) Other information. Any other information deemed necessary by the Planning Director to ascertain if the project meets the required findings for a Community Plan.

(Ord. No. 1624)

Community plans in areas designated rural community on the General Plan Land Use Diagram may identify one or more rural centers that provide areas for activities, goods and services needed or anticipated to be needed by the local population.

(1) Location. Rural centers should be located on collector roads, arterial roads, or highways, particularly at "crossroads" locations central to the surrounding rural communities.

(2) Land uses. A rural center shall be composed of a mix of land uses that may include, but need not be limited to locally-oriented retail, service commercial, and medical uses; agricultural and ecological-based tourist uses; public and semi-public uses (e.g., schools, parks, libraries, post offices); and residential uses.

(3) Public space. Each rural center shall contain at least one common area for public gathering such as a park, gazebo, public plaza, or square.

(4) Residential density. The overall residential density for the plan area shall be consistent with the rural community designation of the General Plan. The Community Plan may provide for a wide range of densities and housing types within the plan area. Where possible, dwellings shall be clustered on smaller lots around Rural Centers with larger lots at the edges of the plan area that transition to surrounding open space or agricultural areas.

(Ord. No. 1624)

(a) Community plans (generally). The Board of Supervisors shall only approve a Community Plan if it makes all of the following findings:

(1) The proposed Community Plan is consistent with the General Plan and any other applicable plan that the County has adopted;

(2) The proposed land uses will be adequately, reasonably, and conveniently served by public services, utilities, and public facilities;

(3) There is a strong relationship between the proposed land uses. They complement one another and will be physically connected through transportation facilities;

(4) The Community Plan includes adequate space for community gathering or recreation. Where feasible, the plan also includes public facilities and services such as post offices, libraries, fire stations, or government offices;

(5) The potential effects of the proposed Community Plan have been evaluated and determined not to be detrimental to the public health, safety, or welfare; and

(6) The proposed Community Plan has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

(b) Rural Community Plans. In addition to the general findings for approval of Community Plans, the following findings are required for approval of Community Plans in areas designated rural community on the General Plan Land Use Diagram:

(1) The plan will maintain the predominant rural character of the area.

(2) Proposed land uses and development intensities within any rural center will complement the rural character of the surrounding area.

(3) Rural centers will provide for a variety of activities and services anticipated to be needed by the local population.

(4) Rural centers are appropriately located. To the extent feasible, rural centers will be on major roadways and at "crossroads" locations central to surrounding rural communities.

(5) The plan provides for adequate preservation of natural and cultural resources. Rural development will be located so as to preserve and provide buffers around native oak trees and other healthy and attractive native vegetation, cultural resources, biological features, mineral deposits, active agricultural operations, unique landforms, historic structures and landscapes, and other natural resources.

(6) The plan provides appropriate transitions in scale, density, and lot size between rural development and surrounding open space areas.

(7) Any clustering of uses or reduction in parcel sizes from the base zoning has to demonstrate the ability to provide adequate water and waste facilities consistent with any adopted Environmental Health Department standards or regulations.

(Ord. No. 1624)

A Community Plan may include proposed zoning districts that accommodate the proposed land uses and densities and are consistent with this Chapter and the General Plan. If the Board of Supervisors approves a Community Plan, it may concurrently adopt a set of zoning districts for a portion or all of the plan area.

(Ord. No. 1624)

In approving a Community Plan, the Board of Supervisors may impose reasonable conditions necessary to:

(1) Ensure that the Community Plan conforms with the General Plan and with any other applicable plan adopted by the Board;

(2) Achieve the general purposes of this Code;

(3) Protect the public health, safety, and general welfare; or

(4) Mitigate any potentially significant impacts identified as a result of environmental review.

(Ord. No. 1624)

A Community Plan shall be reviewed and acted upon by the Board of Supervisors. A public hearing before the Planning Commission is required prior to Board of Supervisors review, and the Planning Commission shall make a recommendation to the Board of Supervisors.

(Ord. No. 1624)

Plans for a project within the boundaries of a Community Plan shall be accepted for review only if they are consistent with the approved Community Plan.

(Ord. No. 1624)

A Community Plan may be amended in the same manner as it was adopted. Amendment of a Community Plan is subject to the same findings as required for the initial approval.

(Ord. No. 1624)