This article provides procedures for the preparation, filing,
processing by the planning department, and the approval or disapproval
of discretionary permits that authorize specific land uses on specific
sites. The types of land uses allowed in each zone district and the
type of land use permit required for each are determined by Articles
17.06 through 17.52 (Zone districts and allowable land uses). Procedures
for changing or obtaining relief from the requirements of this zoning
ordinance (such as rezonings, variances and appeals) are in Article
17.60 (Zoning Administration).
(Ord. 5126-B, 2001)
In order to advise and inform applicants of the procedural and
substantive requirements of obtaining discretionary permits for new
development, the Placer County development review committee shall
conduct pre-development meetings with project applicants as follows:
A.
Applicability. A pre-development meeting is required for any new development project subject to CEQA (reference Section 18.08.010 Environmental Review) that requires the following discretionary approvals: conditional use permits, general plan amendments, rezonings, specific plans, and subdivisions in excess of four parcels that result in recordation of a final map, and commercial/industrial/professional office subdivisions in excess of four parcels resulting in the recordation of a parcel map.
B.
Elective Meeting. A pre-development meeting may be requested by any applicant for any new development project subject to CEQA (reference Section 18.08.010 of Environmental Review Ordinance) and/or the PCCP (Chapter 19, Article 19.10) that requires the following discretionary approvals: variances, minor use permits, and design site review.
C.
Purpose. The purpose of the pre-development meeting is to advise and inform applicants of the procedural and substantive requirements of attaining a permit for a new development project. The applicant and/or project representative will meet with staff from various county departments to discuss the project. It is the applicant's responsibility to gather all required information discussed at the pre-development meeting to be submitted at the time of EQ filing or applications for PCCP authorizations (Article 19.10, Section 19.10.080).
D.
Pre-Development
Meeting Process. An applicant shall request a pre-development meeting
at the planning department. Requests for pre-development meetings
must be accompanied by a complete pre-development meeting package
that consists of the following materials: pre-development meeting
request form, one copy of an assessor's parcel page with the parcel
identified and a conceptual site plan of the project meeting the planning
department's requirements. Additional information may be required
by the planning department depending on the type of application to
be reviewed.
E.
Fees.
A nonrefundable fee is required for each pre-development meeting conducted
for a project.
(Ord. 5438-B, 2006; Ord. 5498-B § 2, 2008; Ord. 6041-B § 14, 2020)
Applications for administrative review permits (Section 17.58.100), minor use permits (Section 17.58.120), conditional use permits (Section 17.58.130), variances (Section 17.60.100), and amendments (Section 17.58.100) shall be prepared and filed by the property owner or an authorized agent (applicant), and shall be accepted by the planning department and processed as provided by Sections 17.58.030 through 17.58.070 of this chapter. Subdivision application and processing requirements are contained in Chapter 16 of the Placer County Code (Subdivisions).
(Ord. 5126-B, 2001)
Applications for approval of any permit or amendment pursuant
to this chapter shall include the following:
A.
An
initial project application ("IPA") and any other form(s) required
by the planning department, and all information specified on the "required
application contents" list furnished by the planning department with
all permit applications.
B.
The
signature(s) of the owner(s) of the real property that is the subject
of the application, or an owner authorization allowing the person
signing the application to act as agent for the property owner.
C.
An
environmental questionnaire (EQ), if required by Chapter 18 of this
code (Environmental Review), or an exemption verification form, if
applicable (See Chapter 18).
D.
The
nonrefundable filing fee(s) required by the most current Planning
Department fee schedule.
1.
Note.
Where multiple applications for the same type of permit are requested
on two or more adjoining parcels, or where the same use is proposed
on multiple parcels which are not in close proximity (e.g. setback
variance applications on three adjacent parcels where the circumstances
are identical or cellular antennae installations at several different
locations throughout the county), the planning director is provided
by this section with the authority to determine an appropriate combination
of application filing fees rather than a separate filing fee for each
application.
E.
For
all applications for subdivisions, conditional use permits, zoning
text amendments, rezoning or general plan amendments and any other
application determined by the planning director to be appropriate,
the applicant is required to execute an indemnification agreement
to indemnify and hold harmless the county from any defense costs,
including attorney's fees or other loss connected with any legal challenge
brought as a result of approval of the project.
F.
For all applications for a winery activity that requires the issuance of an administrative review permit pursuant to Section 17.56.330 for a property which is accessed by a private road, the applicant is required to provide the names and mailing addresses of all property owners who have access rights to or share use of the private road. The applicant shall exercise all reasonable efforts to identify and use due diligence to ascertain the names and addresses of all such property owners and shall include a summary of all such efforts with the list of names and addresses as part of the application.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5526-B § 20, 2008; Ord.
6041-B § 15, 2020)
Applications for the permits required by this chapter and the
Placer County Conservation Plan (Chapter 19, Article 19.10) shall
be filed with the planning department. No application for approval
of a use of land, building or structure, land division, or other permit
required by this chapter or Chapter 19, Article 19.10 shall be accepted
for processing by the planning department or approved, unless:
B.
The
proposed use of land, building or structure, or division of land satisfies
all applicable standards and requirements of this chapter, or such
standards are the subject of a simultaneously filed variance application
that will, if approved, achieve such compliance; and
C.
Neither
the proposed site nor any building or land use thereon is being maintained
in violation of the Subdivision Map Act, this chapter, Chapter 19,
Article 19.10, the grading ordinance, or any condition of approval
of an applicable land use entitlement, except where the application
incorporates measures proposed by the applicant to correct the violation,
and correction will occur before establishment of the new proposed
use, or recordation of a final or parcel map in the case of a subdivision;
and
D.
No application for the same use on the same site was denied by the zoning administrator or planning commission within one year prior to the date of filing, unless permission to re-file has been granted pursuant to Section 17.58.150 (Effect of denial), or unless the previous application was denied without prejudice by the hearing body; and
E.
The
property taxes due on the proposed site as determined by the county
tax collector are not delinquent, or, if the property taxes are determined
to be delinquent, a payment schedule agreement has been authorized
in writing by the Placer County tax collector and has been agreed
to, in writing, by the property owner.
(Ord. 5126-B, 2001; Ord. 6041-B § 16, 2020)
The applicant for any permit that is subject to the original
jurisdiction of the planning commission or the board of supervisors
shall erect a public notification sign or signs on the project site
as required by this section. The sign(s) shall be erected within 60
days after the submission of an environmental impact assessment questionnaire.
An application shall not be deemed complete by county staff unless
the required sign(s) have been erected. The sign(s) shall comply with
the following criteria:
A.
The
planning director or designee shall determine the appropriate size
for public notification sign(s) but in no event shall the size of
a sign exceed four feet tall by eight feet wide, mounted on four inch
by four inch posts;
B.
Sign(s)
shall be erected adjacent to each public right-of-way street frontage
that the project site abuts in a manner that does not create sight
distance problems within the right-of-way;
C.
Sign(s)
shall include text as approved by the planning director. The sign
shall include the wording "Placer County Planning Department" and
"Development Proposal Pending" and include contact phone number(s),
website information, a brief description of the approvals being sought,
and a sleeve that will be used to hold public notices describing project
specifics, hearing dates, and information on how to contact the project
planner and applicant;
D.
The
applicant shall be responsible for constructing the sign(s), and for
maintaining the sign(s) in a satisfactory condition, and shall remove
all sign(s) within 30 days of a final determination by the appropriate
county hearing body.
Public notification signs are considered "Official Signs" and
shall be considered to be within the purview of Section 17.54.170(C)(2)(i)
of the Placer County Zoning Ordinance.
(Ord. 5500-B § 1, 2008)
In addition to the review required by Section 17.58.040, the planning department shall review all applications for completeness and accuracy before the applications are accepted as being complete and officially filed.
A.
Determination
of Completeness. Within thirty days of filing, the department shall
determine whether an application includes the information required
by this chapter, as follows:
1.
Notification
of Applicant. The applicant shall be informed in writing that either:
a.
The application is complete and has been accepted for processing;
or
b.
That the application is incomplete and additional information, specified
in writing, must be provided. When an application is incomplete, the
time used by the applicant to submit the required additional information
shall not be considered part of the time within which the determination
of completeness must occur. The time available to an applicant for
submittal of additional information is limited by subsection (A)(3)
of this section.
2.
Appeal of Determination. Where the planning department has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the department is not required by this chapter, other provisions of this code or the policies of the general plan or any applicable community plan, the applicant may appeal the determination to the planning commission as set forth in Section 17.60.110.
3.
Expiration
of Application. If a pending application is not completed by the applicant
(i.e., not accepted as complete by the county) within one year after
the first filing with the department, the application shall expire
and be deemed withdrawn. A new application may then be filed as set
forth by this chapter.
B.
Referral
of Application. At the discretion of the planning director or where
otherwise required by this code, state or federal law, any land use
permit application filed pursuant to this article may be referred
for review and comment to any public agency that may be affected by
or have an interest in the proposed land use.
C.
Assessment of Changes in the Baseline Land-Cover Site Conditions. If Article 19.10 applies to the proposed use of land, building or structure, land division, during the initial review for a complete application, the county will compare current site conditions against the baseline conditions referenced in Section 17.58.030(G) and make a finding regarding whether or not significant changes have occurred. If an apparent significant change in baseline land-cover is detected, the county will review the changes to determine if the baseline land-cover information is inaccurate (based on a review of the data sources used to develop the baseline land-cover map) or if land-cover conditions have in fact been substantially degraded. "Substantial degradation" is defined as land where the micro-topography and hydrology of the property are substantially changed from baseline conditions, resulting in any the following:
1.
Creeks,
swales, and other drainages are no longer in the same location (within
100 feet);
2.
At
least 30% of ponded water and/or other wetlands are no longer present
on the property; or
3.
The
entire tree canopy of riparian vegetation has been diminished by more
than 20%.
|
When current on-site land-cover differs significantly (based
on the criteria described above) from the verified baseline land-cover
map, the county will provide the applicant with information regarding
the project baseline. The project applicant must use the data to document
(e.g., quantify acreages, qualitatively describe) the extent of change
to the baseline land-cover type(s) and the type of activity that caused
the change when such a determination can be made. The project applicant
must also re-calculate the proposed project effects using the baseline
land-cover map. This information must be submitted to the county and
the revised information will be used to determine the effects of the
project and any Placer County Conservation Plan (PCCP) fees owed.
If impacts and fees are calculated for a project based on baseline
land-cover (2011conditions in the valley portion of the PCCP), the
applicant will still use the current site conditions to evaluate the
need for and apply any applicable conditions as required by the PCCP.
A finding of nonconsistency does not establish responsibility for
changes to the land-cover type.
|
(Ord. 5126-B, 2001; Ord. 6041-B § 17, 2020)
A.
Environmental Review Procedure. After acceptance of a complete application as provided by Section 17.58.050, the application shall undergo environmental review as required by Chapter 18 of this code (Environmental Review) and the California Environmental Quality Act (CEQA), in order to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration shall be issued, or whether an environmental impact report (EIR) must be prepared. Such determinations and, where required, the preparation of EIRs shall be as provided by Chapter 18. Note. Chapter 18 (Environmental Review) is not included within the zoning ordinance and is separately available from the planning department.
B.
Additional Information. After an application has been accepted as complete pursuant to Section 17.58.050, the planning department may require the applicant to submit additional information needed for the environmental review of the project subject to the provisions of Chapter 18 of this code (Environmental Review).
(Ord. 5126-B, 2001)
A.
Placer County Conservation Program Review Procedure. If the proposed use of land, building or structure is a covered activity, after acceptance of a complete application as provided by Section 17.58.050, Section 18.04.070(B) and/or Section 19.10.080(C), the application shall undergo a review as required by Section 19.10.050 (Applicability) of this code in order to determine what effects the project may have on covered species or aquatic resources.
B.
Additional Information. After an application has been accepted as complete pursuant to Section 17.58.050, the planning services division may require the applicant to submit additional information needed for the PCCP compliance review of the project subject to the provisions of Section 19.10.080(C) of this code.
(Ord. 6041-B § 18, 2020)
A.
Staff Evaluation. The development review committee (DRC) (see Section 17.60.010, et seq.) or other appropriate departmental staff as directed by the DRC or the planning director shall review all discretionary applications filed pursuant to this chapter to determine whether they comply and are consistent with the provisions of this chapter, other applicable provisions of this code, and the general plan. The DRC shall formulate a recommendation to the zoning administrator or planning commission (as applicable) on whether the application should be approved, approved subject to conditions, or denied.
B.
Staff
Report Preparation. A staff report shall be prepared by the planning
department that describes the conclusions of the development review
committee and/or other appropriate staff about the proposed land use
and any accompanying development as to its compliance and consistency
with the provisions of this chapter, other applicable provisions of
this code, applicable community plans, and the general plan. The staff
report shall include the recommendations of the DRC on the approval,
approval with conditions, or denial of the application, based on the
evaluation and consideration of any environmental documents, any material
which accompanied the application(s) and any other pertinent information
available to the DRC.
C.
Report
Distribution.
1.
Zoning
Administrator Items. Staff reports for matters reviewed by the zoning
administrator shall be available for public review in the planning
department no less than forty-eight hours before the meeting at which
the report will be considered.
2.
Planning
Commission Items. Staff reports for matters reviewed by the planning
commission shall be furnished to applicant and shall be available
to the public no later than one week prior to the scheduled public
hearing on the application.
(Ord. 5126-B, 2001)
The procedures for the completion of processing, approval or disapproval of administrative review, minor use and conditional use permits shall be as provided by Sections 17.58.100 through 17.58.190. Procedures for completion of the processing of variances are in Section 17.60.100.
(Ord. 5126-B, 2001)
The procedures and requirements for the filing and approval of applications for approval of an additional single-family dwelling building site are established by Section 17.56.230 (Single-family dwellings, additional building site).
(Ord. 5126-B, 2001)
When an administrative review permit (ARP) is required by Sections 17.52.130(B)(1)(b), (B)(1)(d) or 17.56.170(B)(1) to authorize a proposed land use, the permit shall be processed as set forth in Sections 17.58.020 et seq. (Applications—Filing and initial processing), except as follows:
A.
Notice
Not Posted and Public Hearing Not Held. Notice to the public shall
be provided as set forth in Section 17.60.140(A)(3), except for the
requirement to post a notice on the property which is the subject
of the permit application, and a public hearing is not conducted.
B.
Final Action. After completion of a staff report pursuant to Section 17.58.070, the zoning administrator shall take action on an administrative review permit application as follows:
1.
The
zoning administrator shall consider information presented about the
project proposed in the administrative review permit application,
in the staff report, in any accompanying environmental documents and
comments received on such documents, in any correspondence received,
from any field review, and from any other information made part of
the record.
2.
Within the time limits specified by Section 17.58.160(A) (Time Limits for Action by County), the zoning administrator shall, approve any proposed negative declaration, or other appropriate environmental document required by Chapter 18 of this code, and shall approve, approve subject to conditions, or disapprove the administrative review permit.
3.
Approval or conditional approval shall be granted only where the zoning administrator can make the findings required by Section 17.58.140(A) (Permit Issuance—Findings Required for Approval), and the permit shall be denied where the findings cannot be made. The zoning administrator may approve an administrative review permit subject to conditions, as set forth in Section 17.58.140(B).
4.
The
decision of the zoning administrator shall be in writing, including
all findings that were made as the basis for the decision.
C.
Appeal. Decisions of the zoning administrator on administrative review permits may be appealed to the planning commission, in accordance with Section 17.60.110 (Appeals).
D.
Referral to Planning Commission. As provided by Section 17.60.030(C), the planning director or zoning administrator may refer an administrative review permit to the planning commission for a public hearing, consideration, and approval or disapproval pursuant to the procedures specified by Section 17.58.130 (Conditional use permits). Such referral may occur at the discretion of the planning director or zoning administrator when it is deemed necessary because of policy implications, unique or unusual circumstances, the size of the project, or other factors determined by the planning director or zoning administrator to be significant enough to warrant planning commission review.
(Ord. 5126-B, 2001)
When a design review approval is required by Section 17.52.070 to authorize a proposed land use, the permit shall be processed as set forth in Section 17.52.070(D) (Procedure for Design Review Approval).
(Ord. 5126-B, 2001)
When a minor use permit is required by Section 17.06.030 et seq. (Allowable uses and permit requirements) to authorize a proposed land use, the permit shall be processed as set forth in Sections 17.58.020 et seq. (Applications— Filing and initial processing), and as follows:
B.
Final
Action.
1.
The
zoning administrator shall consider information presented about the
project proposed in the minor use permit application in the staff
report, in any accompanying environmental documents and comments received
on such documents, in public testimony at the hearing, in any correspondence
received at or before the hearing, and in any other information made
a part of the record.
2.
After the public hearing, and within the time limits specified by Section 17.58.160(A) (Time Limits for Action by County), the zoning administrator shall approve or not approve any proposed negative declaration or other appropriate environmental document required by Chapter 18 of this code, and shall approve, approve subject to conditions, or disapprove the minor use permit.
3.
Approval or conditional approval shall be granted only where the zoning administrator can make the findings required by 17.58.140(A) (Permit Issuance—Findings Required for Approval), and the permit shall be denied where the findings cannot be made. The zoning administrator may approve a minor use permit subject to conditions, as set forth in Section 17.58.140(B).
4.
The
decision of the zoning administrator shall be in writing, including
all findings that were made as the basis for the decision.
C.
Appeal. Decisions of the zoning administrator on minor use permits may be appealed to the planning commission, in accordance with Section 17.60.110 (Appeals).
D.
Referral to Planning Commission. As provided by Section 17.60.030(C), the planning director or the zoning administrator may refer a minor use permit to the planning commission for a public hearing, consideration, and approval or disapproval pursuant to the procedures specified by Section 17.58.130 (Conditional use permits). Such referral may occur at the discretion of the planning director or the zoning administrator when it is deemed necessary because of policy implications, unique or unusual circumstances, or the magnitude of the project. Referral of a minor use permit to the planning commission pursuant to this subsection shall occur when an environmental impact report or subsequent environmental impact report (but not an addendum EIR) is required for the project.
(Ord. 5126-B, 2001)
When a conditional use permit is required by Section 17.06.030 (Allowable uses and permit requirements) to authorize a proposed land use, the permit shall be processed as set forth in Sections 17.58.020 et seq. (Applications—Filing and initial processing), and as follows:
A.
Planning Commission Hearing. The planning director shall schedule and the planning commission shall conduct a public hearing on the requested conditional use permit. The hearing shall be scheduled, provided public notice and conducted in accordance with Section 17.60.140 (Public hearings).
B.
Final
Action.
1.
The
planning commission shall consider information presented about the
project proposed in the conditional use permit application in the
staff report, in any accompanying environmental documents and comments
received on such documents, in public testimony at the hearing, in
any correspondence received at or before the hearing, and in any other
information made a part of the record.
2.
After the public hearing, and within the time limits specified by Section 17.58.160(A) (Time Limits for Action by County), the planning commission shall, as applicable, approve any proposed negative declaration pursuant to Section 18.16.040 of this code, certify or not certify a final environmental impact report pursuant to Sections 18.20.060 and 18.20.070, and shall approve, approve subject to conditions, or disapprove the conditional use permit.
3.
Approval or conditional approval shall be granted only where the planning commission can make the findings required by Section 17.58.140(A) (Permit Issuance). The permit shall be denied where the findings cannot be made. The planning commission may approve a conditional use permit subject to conditions, as set forth in Section 17.58.140(B).
4.
The
decision of the planning commission shall be in writing, including
all findings that were made as the basis for the decision.
(Ord. 5126-B, 2001)
The approval and issuance of an administrative review permit
or minor use permit by the zoning administrator or a conditional use
permit by the planning commission shall occur as set forth in this
section.
A.
Findings
Required For Approval. No administrative review permit, minor or conditional
use permit shall be approved unless the zoning administrator or planning
commission (or board of supervisors in the event of an appeal) shall
first find that:
1.
The
proposed use is consistent with all applicable provisions of this
chapter and any applicable provisions of other chapters of this code.
2.
The
proposed use is consistent with applicable policies and requirements
of the Placer County general plan, and any applicable community plan
or specific plan, and that any specific findings required by any of
these plans are made.
3.
The
establishment, maintenance or operation of the proposed use or building
will not, under the circumstances of the particular case, be detrimental
to the health, safety, peace, comfort and general welfare of people
residing or working in the neighborhood of the proposed use, or be
detrimental or injurious to property or improvements in the neighborhood
or to the general welfare of the county; except that a proposed use
may be approved contrary to this finding where the granting authority
determines that extenuating circumstances justify approval and enable
the making of specific overriding findings.
4.
The
proposed project or use will be consistent with the character of the
immediate neighborhood and will not be contrary to its orderly development.
5.
The
proposed project will not generate a volume of traffic beyond the
design capacity of all roads providing access to the project, either
those existing or those to be improved with the project unless a specific
design deficiency is acknowledged and approved in conjunction with
the adoption of a general plan or community plan applicable to the
area in question.
6.
In a TPZ zone district (Article 17.16), the establishment, maintenance and operation of the proposed use or building will not significantly detract from the use of the property for, or inhibit the growing and harvesting of timber.
7.
Any
findings required by Articles 17.06 through 17.52 (Zone districts
and allowable uses of land) for the approval of proposed uses in specific
zone districts or combining districts are made.
8.
Any findings required by Article 17.56 (Specific Use Requirements) for the approval of specific uses are made.
9.
As required by Section 18.16.040 of this code (Environmental Review) when a proposed negative declaration has been prepared for the project that, on the basis of the initial study and any comments received, there is no substantial evidence that the project will have a significant effect on the environment; or
10.
As required by Section 18.20.070 of this code (Environmental Review) when a final environmental impact report has been prepared for the project, that the project as approved will not have a significant effect on the environment, or that the granting authority has:
a.
Eliminated or substantially lessened all of the significant effects
on the environment, where feasible (as defined and used in Section
21061.1 of the California Public Resources Code); and
b.
Determined that any remaining unavoidable significant effects on
the environment are acceptable due to specified overriding considerations.
11.
As required by Section 18.08.020 of this code (Environmental review) when the proposed project meets the criteria discussed in the applicable section, that the project is:
a.
Statutorily exempt from the provisions of CEQA; or
b.
Categorically exempt from the provisions of CEQA; or
c.
Not subject to environmental review pursuant to the provisions of Section 18.08.020(D) ("General rule").
12.
The proposed use is consistent with, replaces or appropriately modifies
any prior established relevant conditions of a previous entitlement,
if applicable.
B.
Conditions
of Approval. In conditionally approving an administrative review permit,
minor or conditional use permit, the granting authority shall adopt
conditions of approval as necessary to accomplish the following objectives,
consistent with the requirements of state law:
1.
Specify the period of validity of the permit and/or the allowed duration of the proposed use. The permit may be issued and/or the use allowed for a revocable, permanent, temporary or otherwise limited term, as deemed appropriate by the granting authority. If no period of validity is specified, the permit shall be subject to the time limits specified by Section 17.58.160 (Permit time limits and extensions).
2.
Ensure
that the proposed project will be consistent with all applicable requirements
of this chapter, the Placer County general plan, and any applicable
community plan or specific plan.
3.
Enable all the findings required by subsection A of this section to be made by the granting authority.
4.
Mitigate
environmental impacts identified in environmental documents prepared
pursuant to Chapter 18 of this code (Environmental Review), or adopt
overriding findings pursuant to Section 15091 et seq., of the CEQA
Guidelines.
5.
Require
the dedication of rights-of-way determined by the granting authority
to be necessary as a result of the proposed use.
6.
Require
the installation, or participation in the cost of installation, of
specified on-site or off-site improvements determined by the granting
authority to be necessary as a result of the proposed use.
7.
Supersede,
replace, or modify conditions of approval applicable to the site as
a result of a previous permit approval, where determined by the granting
authority to be appropriate.
8.
Limit
the size of the project or intensity of the use to a level approved
by the granting authority.
9.
If
the Placer County Conservation Plan (PCCP) applies to the proposed
use, the development review committee (DRC) shall require the application
of avoidance and minimization measures, payment of fees, purchase
of in lieu fee credits, purchase of mitigation or conservation bank
credits, dedication of land in lieu of fees, or other measures as
required to comply with the PCCP for covered activities that impact
covered species or aquatic resources within the PCCP plan area boundary.
10.
The granting authority may also adopt any other conditions of approval
as the authority determines are necessary to protect the public health,
safety, and general welfare.
C.
Effect of Conditions. It is unlawful, and a violation of this code, for any person to construct or otherwise establish a land use authorized by a permit pursuant to this subchapter prior to compliance with or contrary to the conditions of approval adopted as set forth in this section. See Section 17.62.030 (Penalties) for violations of this chapter.
D.
Effective Date of Permit. An approved administrative review permit, variance, minor or conditional use permit shall become effective for the purposes of commencing the actions necessary to comply with conditions of approval and filing building permit applications, on the 11th day after approval of the permit by the granting authority, provided that approval shall be set aside and of no effect if an appeal is filed within 10 days after approval pursuant to Section 17.60.110 (Appeal). If no written or oral testimony is provided as a part of the official record, except for such testimony as may have been provided by the applicant and/or the development review committee (DRC), the hearing body may waive the ten-day waiting period and may establish an effective date for the permit at any time following the conclusion of the public hearing, not to exceed the original 10 day waiting period.
E.
Implementation of Permit. After the effective date of an administrative review permit, minor use permit or conditional use permit, the applicant shall diligently proceed to carry out the conditions of approval and implement the permit by establishing the approved use within the time limits set forth in Section 17.58.160.
(Ord. 5126-B, 2001; Ord. 6041-B § 19, 2020)
If an administrative review, minor or conditional use permit or variance application is denied by the zoning administrator or planning commission and the decision is not reversed through appeal (Section 17.60.110), no further application for a permit for the same use on the same property shall be filed for a period of one year from the date of denial, except where the granting authority gives permission for such filing or the permit application was denied without prejudice. Permission to re-file shall be granted only if the applicant can show a substantial change of circumstances or conditions from those existing at the time of such previous denial. A re-filed application shall be processed in the same way as a new application.
(Ord. 5126-B, 2001)
A.
Time
Limits for Action by County. As provided by California Government
Code Section 65950, an administrative review, minor or conditional
use permit shall be approved or disapproved by the granting authority
within the following time limits:
1.
If a negative declaration is adopted or if the project is exempt from regulation under the California Environmental Quality Act (CEQA) pursuant to Chapter 18 of this code, the project shall be approved or disapproved within three months from the date of adoption of a negative declaration, or, for those projects which are exempt from regulation under CEQA, within three months from the date that the application is determined to be complete pursuant to Section 17.58.050 (Initial review of applications), unless the project proponent requests an extension of the time limit (see subsection (A)(3)).
2.
If
an environmental impact report is prepared for the project pursuant
to the provisions of Chapter 18 of this code, the project shall be
approved or disapproved within six months from the date of certification
by the hearing body of the environmental impact report, unless the
project proponent requests an extension of the time limit (see subsection
(A)(3)).
3.
If
a project proponent requests, in writing, an extension of the time
limits specified in subsections (A)(1) and (A)(2), the agency director
may grant or deny such a request for good cause. A request for a decision
by the agency director to grant an extension of the time limits specified
above shall be made prior to the expiration of such time limits. The
agency director may grant an extension for such a reasonable additional
time period as is deemed appropriate.
4.
If
the county fails to approve or disapprove a development project within
the time limits specified by this section, the failure to act shall
be deemed approval of the permit application for the development project.
However, the permit shall be deemed approved only if the public notice
required by law has occurred. (See California Government Code Section
65956(b).)
5.
Except
that where the land use permit application is accompanied by an application
for a general plan amendment, rezoning or zoning text amendment that
is needed to allow the processing of the land use permit, the above
time limits shall commence as of the effective date of the general
plan amendment, rezoning or zoning text amendment, whichever is chronologically
later in time.
B.
Permit
Expiration. An approved administrative review permit, minor use permit,
conditional use permit or variance is subject to the following time
limits. It shall be the responsibility of the applicant alone to monitor
the time limits and make diligent progress on the approved project,
so as to avoid permit expiration.
1.
Time Limit for Permit Implementation. An approved permit is valid for 36 months from its effective date (Section 17.58.140(D)), or for any other period specified by the granting authority in conditions of approval, or other provision of this chapter. At the end of 36 months, the permit shall expire and become void unless by that time:
a.
The permit has been implemented because conditions of approval prerequisite
to construction have been satisfied, any required building or grading
permits have been issued, and a foundation inspection has been conducted
and approved by the building official or a designee; or
b.
The permit has been implemented because a use not requiring construction
permits has been established on the site and is in operation as approved,
and all conditions of approval prerequisite to establishment of the
use have been satisfied; or
c.
The permit has been implemented for a multiple building or multiple
structure project because conditions of approval prerequisite to construction
have been satisfied, any required building or grading permits have
been issued, and foundation inspections for each and every building
or structure have been conducted and approved by the building official
or a designee (Note: for multiple phase projects which require a discretionary
permit, the conditions of approval for that permit can provide for
extended dates of expiration); or
d.
A conditional use permit granted for a planned residential development (Section 17.54.080) has been implemented through the recordation of the final subdivision map pursuant to the approved PD; or
f.
The holder of the permit requests tolling of the term due to litigation
challenging the county's issuance of said permit. The tolling request
must be submitted in writing to the planning division prior to the
expiration of the term of the permit. The request must establish to
the satisfaction of the planning director that the subject litigation
challenges the county's grant of the underlying permit and has been
filed by a plaintiff/petitioner other than the permit holder. In response
to this request, the planning director may grant a one-time litigation
tolling period not to exceed five years. The tolling period shall
be calculated from the date the action is filed with a court of competent
jurisdiction until the court of final jurisdiction enters its final
disposition of the case, such as entry of an order, judgment or final
decision or the expiration of five years, whichever is sooner.
2.
Lapse of Permit After Implementation. Once a project has been implemented as set forth in Section 17.58.140(E), the permit that authorized the use shall remain valid and in force and shall run with the land, including any conditions of approval adopted with the permit, unless one of the following occurs:
a.
Work under an approved construction permit toward completing the
project and complying with the permit conditions of approval ceases
such that the construction permit expires pursuant to Chapter 15 of
this code (Construction Requirements), and one additional year elapses
after the expiration of the construction permit.
b.
After a use has been established and/or operated as approved, the
use (if no appurtenant structure is required for its operation) is
discontinued for more than 12 consecutive months, or (if an appurtenant
structure is required for the conditionally-permitted use) the structure
is removed from the site for more than 12 consecutive months. If a
structure associated with the operation of a conditionally permitted
use is issued a certificate of occupancy and all other conditions
of approval of the conditional use permit are satisfactorily completed,
the entitlement remains in effect even if the structure is vacant
for more than 12 consecutive months; however, no use may be reestablished
in the structure and/or on the site unless the use is determined by
the planning director to be substantially the same as the original
conditionally permitted use.
c.
The time limit set for the duration of the use by a condition of
approval expires.
3.
If
one of the foregoing events occurs, the permit shall be deemed to
have lapsed. No use of land, building or structure for which a permit
has lapsed shall be reactivated, re-established or used unless a new
permit is first obtained as provided by this article. The site of
a lapsed permit shall be used only for uses allowed in the applicable
zone district by Articles 17.06 through 17.52 (Zone districts and
allowable uses of land) without a permit pursuant to this chapter.
C.
Extensions
of Time. The time limit established by subsection (B)(1) of this section
for the implementation of an approved administrative review permit,
minor use permit, conditional use permit or variance may be extended
by the hearing body having original jurisdiction of the project entitlement(s)
for a total of no more than six years as provided by this section:
1.
Time for Filing an Extension Request. The applicant for an approved permit shall request an extension of time not later than the date of expiration of the permit established by subsection B of this section. The request shall be in writing, shall explain the reasons for the request, and shall be accompanied by the nonrefundable filing fee established by the most current planning department fee schedule. Upon the filing of an extension request as required by this subsection, the time limit for expiration of the permit established by subsection B of this section shall be suspended until a decision is made by the appropriate hearing body regarding the extension request.
2.
Notice
of Requested Extension. The planning department shall send notice
of the requested extension by mail to all individuals and entities
(or their legal successors in interest) which were provided notice
of the hearing that preceded the approval of the permit requested
for extension, and to all members of the development review committee.
The notice shall state that any person who objects to the requested
extension of time shall notify the planning director, in writing,
of the objection within 15 days from the date of mailing of the notice.
3.
Hearing on Objections to Extension. If any objection to the time extension is received, the hearing body shall follow the entire procedure set forth in Section 17.58.140 (Permit issuance) to consider and approve or disapprove the requested extension, as well as the following subsection.
4.
Approval
of Extension. After a public hearing, or if no objection to an extension
is received, without a public hearing, the hearing body may extend
the expiration date of the approved administrative review permit,
minor use permit, conditional use permit or variance by no more than
a total of three years, provided that the hearing body first finds
that:
a.
No change of conditions or circumstances has occurred that would
have been grounds for denying the original application;
b.
The applicant has been diligent in pursuing implementation of the
permit; and
c.
Modified conditions have been imposed which update the permit to
reflect current adopted standards and ordinance requirements.
D.
Permit Coordination with the Placer County Conservation Program. If Chapter 19, Article 19.10 applies to the proposed project, any authorization for the take of covered species and/or impacts to aquatic resources (Section 19.10.120), shall run concurrent with the time limits imposed on the administrative review, minor or conditional use permit or variance. PCCP take authorizations or authorizations to impact aquatic resources will expire when the administrative review permit, minor use permit, conditional use permit or variance has expired. When an extension of time has been granted for an administrative review permit, minor use permit, conditional use permit or variance, the PCCP authorizations shall also be automatically extended as originally approved unless those authorizations are modified by the hearing body.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5783-B § 1, 2015; Ord.
5960-B § 3, 2019; Ord.
6041-B § 20, 2020; Ord.
6048-B § 40, 2020; Ord.
6164-B § 11, 2022)
Any permit application deemed approved pursuant to California
Government Code Section 65956 shall be subject to all applicable provisions
of this chapter, which shall be satisfied by the applicant before
any construction permit is issued or a use not requiring a construction
permit is established.
(Ord. 5126-B, 2001)
A new land use authorized through an administrative review permit,
minor use permit, conditional use permit or variance, or a tentative
map for either a minor or major subdivision, shall be constructed,
or exercised with recordation of a final map, or otherwise established
only as approved by the granting authority and subject to any conditions
of approval, except where changes to the project are approved as set
forth in this section. An applicant shall request any desired changes
in writing, and shall also furnish appropriate supporting materials
including an application and associated fee and an explanation of
the reasons for the request. Changes may be requested either before
or after construction or establishment and operation of the approved
use, except for tentative maps, where such requests shall be made
prior to recordation of a final map. Changes to recorded final maps
shall be subject to the procedures for certificates of correction
as required by Section 16.16.180 of county code.
A.
The
planning director may authorize minor changes to an approved site
plan, project architecture, or the nature of the approved use if the
changes:
1.
Are
consistent with the applicable provisions of this chapter; and
2.
Do
not involve a feature of the project that was specifically addressed
or was a basis for findings in a negative declaration or environmental
impact report for the project; and
3.
Do
not involve a feature of the project that was specifically addressed
or was a basis for conditions of approval for the project or that
was a specific consideration by the granting authority in the approval
of the permit; and
4.
Do
not result in an expansion of the use; and
5.
Do
not substantially alter the original approved action; and
6.
Do
not result in any new direct or indirect effect on an aquatic resource
or habitat for species covered by the habitat conservation plan/natural
community conservation plan (HCP/NCCP); and
7.
If
Chapter 19, Article 19.10 applies to the approved project, the change
cannot increase the amount of land cover impacted by the project.
B.
Changes
to the project involving features described in subsections (A)(2)
and (A)(3) of this section shall only be approved by the granting
authority pursuant to a new permit application processed as set forth
in this chapter.
C.
Changes
to Approved Tentative Maps. The planning director, in consultation
with the county surveyor, may authorize changes to tentative parcel
maps or tentative subdivision maps upon making findings of substantial
conformance if such a request is made in writing and is supported
by exhibit materials detailing the proposed minor modifications. The
exhibit materials shall be approved and signed by the planning director
and county surveyor. Proposed changes must be found consistent with
subsections (A)(1) through (A)(7) above, and the following:
1.
Does
not increase the number of approved development parcels;
2.
Does
not result in changes to any required onsite or offsite improvement(s)
that was specifically addressed or was a basis for findings in a negative
declaration or environmental impact report for the project; and
3.
Does
not result in other changes that would substantially alter the project
character, operation, land use patterns, or parcel configuration or
would result in overall improvement of these criteria.
(Ord. 5126-B, 2001; Ord. 6041-B § 21, 2020; Ord. 6164-B § 12, 2022)
A.
Security
Required. When required by this chapter or by the granting authority
through conditions of approval, guarantees of performance shall be
provided by the applicant in the form of letters of credit, certificates
of deposit, cash deposits and/or other forms specified by the granting
authority. The purpose of such guarantees shall be to secure compliance
with conditions of approval or the provisions of this chapter.
B.
Amount
of Security. Required security shall be furnished in the amount of
110% of the estimated costs of improvements or other actions being
guaranteed (except for environmental mitigation, which is instead
covered by the environmental review ordinance, Chapter 18 of this
code), based on an estimate of cost prepared by a qualified professional
approved by the agency director.
C.
Authorization
for Completion. Required security shall include authorization for
the county or its contractors to enter upon the property in question
and undertake and complete the work being guaranteed in the event
of default by the applicant.
D.
Update
of Security. An annual review of the amount of the security may be
required by the granting authority. If found to be outdated or insufficient,
such security may be required to be increased in order to guarantee
the original condition for which such security was required. If the
security is not provided within 60 days of its due date, such action
shall be grounds for setting aside the approval and for a hearing
to revoke the permit.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
When required by this chapter or by state law to systematically
implement the Placer County general plan for any part of the area
covered by the general plan, a specific plan shall be prepared, processed,
approved or disapproved and implemented as set forth in this section.
A.
When
Required. A specific plan shall be prepared and adopted when required
by:
1.
Articles
17.06 through 17.52 of this chapter to enable development within a
particular zone or combining district; or
2.
Section
66474.5 of the California Subdivision Map Act before the approval
of a land project as defined by Section 11000.5 of the California
Business and Professions Code.
3.
Note.
The county may require a specific plan to be combined with a development
agreement.
B.
Mandatory
Pre-Application Meeting. Before preparing a draft specific plan pursuant
to this section, the project applicant shall contact the planning
director to request a pre-application meeting with the development
review committee. The purpose of the meeting shall be for the members
of the committee to review with the applicant the requirements of
this section and the provisions of Articles 17.06 through 17.52 that
require preparation of the specific plan, to discuss possible issues
associated with development within the specific plan area that should
be addressed by the plan, and to respond to questions from the applicant
about the proper procedure for preparing the plan, its processing,
and issues associated with its implementation if it is ultimately
approved. The agency director or designee shall convene the committee
to meet with the applicant at a mutually acceptable time.
C.
Preparation
and Content. An applicant for specific plan approval shall prepare
a draft plan for review by the county that includes the following
detailed information in the form of text and diagrams, organized according
to an outline furnished by the planning department:
1.
Proposed
Land Uses. The distribution, location and extent of land uses proposed
within the area covered by the plan, including open space areas.
2.
Infrastructure.
The proposed distribution, location, extent and intensity of major
components of public and private transportation, sewage, water, drainage,
solid waste disposal, energy, and other essential facilities to be
located within the specific plan area and needed to support the proposed
land uses.
3.
Land
Use and Development Standards. Standards and criteria by which development
will proceed, and standards for the conservation, development and
utilization of natural resources, where applicable. Note: If the specific
plan is adopted by a resolution rather than by an ordinance, this
requirement may be delayed until later permit applications are processed.
4.
Implementation
Measures. A program of implementation measures, including regulations,
programs, public works projects, and financing measures necessary
to carry out the proposed land uses, infrastructure, and development
and conservation standards and criteria.
5.
Relationship
to General Plan. A statement of the relationship of the specific plan
to the Placer County general plan and any applicable community plan.
6.
Placer County Conservation Program. If Chapter 19, Article 19.10 applies to the proposed specific plan, the applicant shall prepare a plan for compliance with the habitat conservation plan / natural community conservation plan (HCP / NCCP) and, if applicable, the county aquatic resource program (CARP) pursuant to Section 19.10.070.
7.
Additional
Information. The specific plan shall contain any additional information
determined to be necessary by the planning director because of the
characteristics of the area to be covered by the plan, applicable
policies of the general plan or a community plan, or any other issue
determined by the planning director to be significant.
D.
Filing
and Processing. A draft specific plan shall be filed with the planning
department, and shall be accompanied by the fee required by the most
current planning department fee schedule. The draft plan shall be
processed in the same manner as required for general plans by California
Government Code Section 65350 et seq., except that the processing
of such specific plan applications shall not be limited as to the
number which may be considered in any one year unless a general plan
amendment is also required for the same project, and as follows:
1.
Acceptance and Initial Review. The filing of a draft specific plan shall be subject to Section 17.58.040 (Filing of applications).
2.
Development
Review Committee Evaluation. After the filing of a draft specific
plan, the members of the development review committee shall review
the draft specific plan within thirty days of the date of submittal
to determine whether it conforms with the provisions of this section.
If the draft plan is not in compliance, it shall be returned to the
applicant no later than ten days after the DRC has conducted its review
of the draft with a written specification as to why it does not comply,
and with suggested revisions to ensure compliance. When a draft plan
is returned by the applicant to the county and the committee determines
it is complete and in compliance with this section, the plan shall
be deemed to be accepted for processing.
3.
Environmental Review. The draft specific plan shall be subject to environmental review as specified in Section 17.58.060 (Environmental review).
4.
Staff Report. A staff report shall be prepared for the draft specific plan as set forth in Section 17.58.070 (Staff report) which shall include detailed and specific recommendations for changes to the text and diagrams of the specific plan to make it acceptable for adoption, in addition to the information required to be in the staff report by Section 17.58.070.
E.
Public
Hearings. A proposed specific plan shall be subject to public hearings
before both the planning commission and board of supervisors before
its adoption, as follows:
1.
Planning Commission. The planning director shall schedule a public hearing on the proposed specific plan after completion of a staff report and any required environmental documents, but not before the expiration of any public review periods for environmental documents required by Chapter 18 of this code (Environmental Review). The hearing shall receive public notice and be conducted as set forth in Section 17.60.140 (public hearings). After the hearing, the planning commission shall prepare a written recommendation to the board of supervisors.
2.
Board of Supervisors. After receipt of the recommendation of the planning commission, a public hearing on the specific plan shall be scheduled. The hearing shall receive public notice and be conducted as set forth in Section 17.60.140 (public hearings). After the public hearing, the board of supervisors may adopt the specific plan as recommended by the planning commission pursuant to subsection F of this section, may deny adoption of the plan, or may adopt the plan with changes, provided that any changes to the plan desired by the board that were not considered by the planning commission shall be referred to the commission for its recommendation. The failure of the commission to report within forty-five calendar days after the referral shall be deemed a recommendation for the approval of the changes.
F.
Adoption
of Specific Plan. The adoption of a proposed specific plan is entirely
at the discretion of the board of supervisors. The board shall adopt
a specific plan only if it first determines that the plan:
1.
Is
consistent with the Placer County general plan and any applicable
community plan;
2.
Is
consistent with any applicable airport land use plan, as required
by California Government Code Section 65302.3;
3.
Will
not have a significant effect on the environment, or is subject to
the overriding findings specified in Section 18.20.070(A)(2) of this
code (Findings and statement of overriding considerations).
4.
The
specific plan shall be adopted by ordinance, or by resolution of the
board of supervisors.
5.
Advisory
Note. A specific plan adopted by resolution will contain information
in the form of guidelines to clarify the policies and concepts expressed
within the general/community plan applicable to the particular area,
but not the regulations and standards necessary for implementation
of the policies.
6.
A
specific plan adopted by ordinance is the method by which the general/community
plan is implemented. A specific plan adopted by ordinance will include
the regulatory development standards and criteria necessary to ensure
that the development, maintenance, and use of the property is in compliance
with the policies and programs of the general/community plan.
G.
Development
Within Specific Plan Area. After the adoption of a specific plan,
no public works project may be approved, no tentative map or parcel
map for which a tentative map was not required may be approved, and
no amendment to this chapter may be adopted within an area covered
by a specific plan unless it is consistent with the specific plan.
The board of supervisors may impose a specific plan fee surcharge
on permits for development within the area covered by a specific plan,
subject to the provisions of California Government Code Section 65456.
H.
Amendments.
An adopted specific plan may be amended through the same procedure
specified by this section for the adoption of a specific plan.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
6041-B § 22, 2020)
A.
Purpose. The purpose of Sections 17.58.220 through 17.58.260 regarding development agreements is to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development by enabling the county and an applicant to enter into a development agreement which vests certain development rights. The resulting reduction of uncertainty in the development review process will promote long term stability in the Placer County land use planning process and will thereby result in significant benefits to the citizens of the county. Development agreements also: (1) set forth the obligations of both the county and the applicant for the time period specified in the agreement; and (2) set forth the regulations to which the development will be subject, except where amendments are made pursuant to the provisions of Section 17.58.260.
B.
Authority.
These regulations are adopted pursuant to the authority of the California
Government Code, Section 65864 et seq., and the terms used in these
sections are consistent with the same terms used in California Government
Code Section 65864, et seq. Development agreements are created entirely
at the discretion of Placer County; the county has no obligation to
enter such agreements unless to do so would provide a benefit to the
county, as determined by the board of supervisors.
C.
Applicability.
Development agreements may also be, but are not required to be, adopted
in conjunction with the processing of specific plans, tentative maps
and/or other land use applications.
(Ord. 5126-B, 2001)
A.
Qualification
of Applicant. Only a qualified applicant may file an application to
enter into a development agreement. A qualified applicant is a person
or other entity, who has legal or equitable interest in the real property
that is the subject of land use permit application or other application
for development pursuant to this chapter, or Chapters 16 (Subdivision)
or 17, Appendix A (Squaw Valley Land Use Ordinance) of this code,
and a proposed development agreement. An authorized agent may be a
qualified applicant. Applicants may be required by the agency director
to submit proof of their legal or equitable interest in the real property
and agents, proof of their authority to act on behalf of the applicant.
B.
Application
Form and Content. An application for the approval of a development
agreement shall include the following:
1.
Forms,
Fees And Additional Information. The forms provided by the planning
department, any filing fee required by the most current planning department
fee schedule, any additional information required by the agency director
as being necessary to properly evaluate the application.
2.
Draft
Development Agreement. The draft development agreement and any attachments
or exhibits shall be prepared in a manner suitable for recordation
by the county recorder, and shall include the following:
a.
Parties to the Agreement. All parties to the development agreement
shall be listed within the first paragraph of the agreement. A statement
specifically explaining the contracting party's interest in the real
property of the development project shall also be included, which
may be in a separate section from the initial listing of parties.
Other descriptive information may also be required to clearly and
accurately identify the parties to the agreement. If a purpose statement
describing the reasons for the nature of the agreement is included,
the listing of parties to the agreement may follow the purpose statement.
b.
Relationship of Parties. A clear description of the relationship
of all parties to the development agreement, including the following:
i.
Addresses of all parties to which written notices, demands, correspondence
and communications are to be directed.
ii.
A statement specifying any changes in the relationship of the parties
which may occur as a result of the real property that is the site
of the development project being included in another governmental
jurisdiction, such as through annexation into an incorporated city.
c.
Recitals. A section that refers to concurrent or prior governmental
actions taken on the development project itself or other governmental
actions that materially affect the development agreement for that
project (see California Government Code Section 65867 and Section
65867.5). Actions taken pursuant to the California Environmental Quality
Act (CEQA) shall also be mentioned in this section.
d.
Definitions. All terms used in a context other than normal, daily
usage shall be clearly defined. Any term unique or special to the
proposed development project shall be clearly defined for purposes
of the agreement.
e.
List of Exhibits. Any document, map, plan, form, display, photographs,
etc., necessary for the review and approval of the project shall be
listed as an exhibit to the development agreement or incorporated
by reference to prior approvals that are part of the agreement. At
a minimum, the exhibits presented as a part of the development agreement
shall be:
f.
Assignability. A statement specifying the assignability of responsibilities,
obligations and benefits under the agreement, consistent with the
following:
i.
The responsibilities, obligations and benefits of the agreement may
only be assigned after notification of all other parties to the agreement.
ii.
Successors in interest to property governed by an agreement shall
be notified of the provisions of the agreement. The successors in
interest shall notify the county of their receipt of such notice.
iii.
Duration of the Agreement. The term of the development agreement
shall be specified, and any provisions for extension or modification
of the term.
h.
Restrictions on Uses of the Property. Any restriction,
limitation or other modification of uses on the real property that
is the subject of the development agreement and which is not otherwise
controlled by applicable governmental regulations shall be specified
in the agreement. Such restrictions may include, but are not limited
to:
i.
Permitted or prohibited uses;
ii.
Density and/or intensity of uses;
iii.
Maximum height of building and other structures;
iv.
Maximum size of buildings and other structures;
v.
Reservations and dedications of land for common or public purposes;
vi.
Special setbacks or other construction standards.
i.
Subsequent Discretionary Actions. The development agreement may include
conditions, terms, restrictions and requirements for subsequent discretionary
actions and shall provide that any such conditions, terms, restrictions
and requirements for subsequent actions, if included, shall not prevent
development of the land for the uses and to the density or intensity
of development set forth in the agreement.
j.
Effect of Regulations or Standards Adopted After Agreement.
i.
With regard to the real property that is the subject of the development
agreement, the county rules, regulations, ordinances, laws, general
and specific plans, and official policies governing development, density,
permitted uses, growth management, design criteria, construction standards
and environmental considerations shall be those in force and effect
upon the commencement of the term of the agreement unless otherwise
provided in the agreement.
ii.
Unless specifically provided for in the agreement, the county will
thereafter, during the term of the agreement, apply only such newer,
modified rules, regulations, laws, ordinances, design criteria, construction
standards and environmental considerations that are not in conflict
with those in effect on the date of commencement of the development
agreement, except that such measures as are deemed to be necessary
by the county health officer to protect the health and safety of the
local population shall be incorporated as added requirements for the
development project's construction, if applicable.
iii.
The provisions of subsections (B)(2)(j)(i) and (B)(2)(j)(ii) of this section shall not preclude the application to a development project those changes in county rules, regulations, laws ordinances or policies specifically mandated and required by changes in state or federal laws or regulations. In the event that such changes in state or federal laws prevent or preclude compliance with one or more provisions of the development agreement, the parties shall take action to amend the agreement pursuant to Section 17.58.260 (Amendment and cancellation).
l.
Amendment, Termination, and/or Recordation. Provisions for the amendment, cancellation, modification, termination, suspension and/or recordation of the agreement pursuant to Section 17.58.260 (Amendment and cancellation).
m.
Enforcement and Remedies. Provisions for enforcement of the agreement
by all parties involved, and legal remedies available to parties injured
by the lack of performance of the other parties to the agreement.
n.
Attorney's Fees and Costs.
i.
At a minimum, the development agreement shall provide for recovery
of attorney's fees and costs of enforcement by the county, in the
event that legal action or other enforcement processing is undertaken
by the county pursuant to these regulations.
ii.
The agreement shall also provide a reimbursement schedule for county
staff time spent processing, reviewing and implementing the provisions
of the agreement. This reimbursement schedule shall contain prevailing
wage rates of appropriate staff members at the time the agreement
is executed. The wage rate shall include the costs to the county of
employee benefits, overhead and other appropriate associated costs.
o.
Summary of Rights and Benefits. Summary of special rights granted
to the land owner and special benefits being afforded to the public
as a result of the agreement.
p.
Improvement Security/Insurance. Where required by the county as a condition of the development project's approval, provisions requiring appropriate and reasonable improvement security pursuant to Section 17.58.190 (Security for performance) and California Government Code Section 66499, et seq. The county may also require evidence of compliance with labor standards and insurance required as a standard condition under federal, state or local law at the time of county action on any necessary development permits or any other entitlements for use of the development project real property that is the subject of the development agreement.
q.
Miscellaneous Terms and Conditions. All terms, conditions, requirements
and provisions of the development project's permit approvals shall
be included in the development agreement. Additional terms, conditions,
requirements and provisions not a part of the project permit approvals
may be included in the development agreement with the mutual consent
of all parties to the agreement.
3.
Map
of Development Project. A map of the proposed development project
shall be provided which is sufficient to meet the submittal requirements
for the project associated with the development agreement and is adequate
to clearly inform the public, the hearing bodies and the county staff
about the scope and nature of the project proposal. The adequacy of
the map shall be determined by the agency director.
C.
Waiver
of Application Contents. A waiver to any provision of this section
may be granted, in writing, by the agency director upon a written
request from a project applicant. If such a waiver is granted, all
hearing bodies holding hearings on the agreement for which the waiver
was approved shall be notified of the director's decision at the time
of the hearing on the development agreement. At that time, the hearing
body may, at its own discretion, reverse the director and rescind
the waiver if the action of the director is determined to have been
improper or inappropriate.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
A.
Application Filing. The application and materials required by Section 17.58.220 shall be submitted to the planning department. The development agreement application may be filed concurrently with other development applications that may be appropriate for the project in question.
B.
Preliminary Acceptance. The development agreement application shall be reviewed for completeness and accepted for processing as provided by Section 17.58.050 (initial review of applications). After acceptance of the application, the agency director shall forward the application and copies of all supporting documents to members of the development review committee for review (Section 17.58.070).
C.
Development
Review Committee Conference. The development review committee (DRC)
shall review the development agreement application as to its technical
acceptability, and shall then conduct at least one conference with
the parties in interest to refine the draft development agreement
into a document by which all parties may agree to be bound. Following
one or more such conferences, the DRC shall prepare a written report
for submittal to the planning commission, together with draft development
agreement document(s).
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
A.
Planning
Commission Hearing. Consideration of the development agreement draft
document(s) shall be scheduled at the next available planning commission
meeting following receipt of the DRC's written report by the commission
secretary.
1.
Public Notice. Notice of the hearing shall be provided as required by Section 17.60.140 (Public hearings), which is consistent with the requirements of California Government Code Section 65867, Section 65854, Section 65854.5, and Section 65856. If state law changes to prescribe different notice requirements, legal notices for the consideration of proposed development agreements shall be given in that manner.
2.
Conduct of Hearing. The public hearing shall be conducted as provided by Section 17.60.140 (Public hearings).
3.
Recommendation
to Board. After the hearing, the planning commission shall report
its recommendation in writing to the board of supervisors. The report
shall include the reasons for the recommendation, and findings as
to whether the proposed development agreement:
a.
Is consistent with the objectives, policies, general land uses and
programs specified in the general plan;
b.
Is compatible with the uses authorized in, and the regulations prescribed
for, the land use district in which the real property is located;
c.
Is in conformity with public convenience, general welfare and good
land use practice;
d.
Will be detrimental to the health safety and general welfare of persons
residing in the county;
e.
Will adversely affect the orderly development of property or the
preservation of property valued.
B.
Board of Supervisors Hearing and Decision. The board of supervisors shall conduct a public hearing on a proposed development agreement with the same public notice and in the same manner as provided for the planning commission hearing by subsection A of this section. After the board of supervisors completes the public hearing, it may accept, modify, or disapprove the recommendation of the planning commission. It may, but shall not be required to, refer matters not previously considered by the planning commission during its hearing back to the commission for report and recommendation. The commission may, but need not, hold a public hearing on matters referred back to it by the board of supervisors. The board may not approve the proposed development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan, provided that nothing in this section shall be construed to mean that the board of supervisors must approve a development agreement even if stated findings are made.
C.
Approval of the Development Agreement. If the board of supervisors approves the proposed development agreement, it shall do so by the adoption of an ordinance supported by the findings as required in subsection B of this section. After the ordinance approving the development agreement takes effect, the county may enter into the agreement.
D.
Recordation. Within ten days after the county enters into the development agreement, the county shall have the agreement recorded with the Placer County recorder. If the parties to the agreement, or their successors in interest, amend or cancel the agreement as provided in Section 17.58.260 (Amendment and cancellation) (California Government Code Section 65868 incorporated by reference), or if the county terminates or modifies the agreement as provided in California Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the county shall have notice of such action recorded with the county recorder.
E.
Court
Review. No action, inaction or recommendation regarding the proposed
development agreement shall be held void or invalid or set aside by
a court by reason of any error, irregularity, informality, neglect
or omission ("error") as to any matter pertaining to petition, application,
notice, finding, record, hearing, report, recommendation, or any matters
of procedure whatever unless after an examination of the entire case,
including the evidence, the court is of the opinion that the error
complained of was prejudicial and that by reason of the error the
complaining party sustained and suffered substantial injury, and that
a different result would have been probable if the error had not occurred
or existed. There is not presumption that error is prejudicial or
that injury was done if error is shown.
(Ord. 5126-B, 2001)
The county shall review the development agreement at least once
during each twelve-month period from the date of the agreement was
entered into, as provided by this section.
A.
Frequency of Review. The frequency of review may be increased, but may not be decreased, either by agreement between the parties or by initiation of the modification process in Section 17.58.260, in one or more of the following ways:
B.
Review
Body. Periodic review of a development agreement shall be conducted
by the development review committee (DRC) as provided in this section;
provided, that the DRC may choose to refer the annual review of any
particular development agreement to the planning commission, and the
planning commission may choose to assume responsibility for the annual
review of any particular development agreement, by majority vote and
notification to the DRC.
C.
Notice
of Periodic Review. The agency director shall begin the review proceeding
by giving notice to the developer that the county intends to undertake
a periodic review of the development agreement. Notice shall be given
at least ten days in advance of the time at which the matter will
be considered by the development review committee (DRC).
D.
Public Hearing. The development review committee (or planning commission, where applicable) shall conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof in such matters is upon the developer. The hearing need not be advertised as provided in Section 17.58.240; however, hearings on periodic review of development agreements shall be included in the regular agenda of the hearing body considering the periodic review.
E.
Determination
by Hearing Body. The hearing body shall determine upon the basis of
substantial evidence whether or not the developer has, for the period
under review, complied in good faith with the terms and conditions
of the agreement.
1.
If
the county finds and determines on the basis of substantial evidence
that the developer has complied in good faith with the terms and conditions
of the agreement during the period under review, a written report
stating such shall be issued, terminating that review period.
2.
If the county finds and determines on the basis of substantial evidence that the developer has not complied in good faith with the terms and conditions of the agreement during the period under review, the county may modify or terminate the agreement pursuant to Section 17.58.260 (Amendment and cancellation).
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
The amendment or cancellation of a development agreement by
the mutual consent of the parties, or the modification or termination
of a development agreement by the county shall occur as required by
this section.
A.
Action
by Mutual Consent. Any party to a development agreement may propose
an amendment to or cancellation in whole or in part of the development
agreement.
2.
Where
the county initiates the proposed amendment to or cancellation in
whole or in part of the agreement, it shall first give notice to the
property owner or authorized agent of its intention to initiate such
proceedings at least thirty days before giving notice as required
by Section 17.58.240(A)(1).
B.
Modification or Termination for Cause. The county may modify or terminate a development agreement as provided by this subsection, if the periodic review process specified in Section 17.58.250 (Periodic review) results in a determination pursuant to Section 17.58.250(D)(2) that the developer has not complied with the agreement.
1.
Notice of Intention to Modify or Terminate. The county shall give notice to the developer of its intention to hold a hearing not less than thirty days before the hearing. The notice shall contain the information required by Section 17.60.140(A) (Public Hearings—Notice of Hearing), and the following:
2.
Conduct
of Hearing. At the time and place set for the hearing on modification
or termination, the developer shall be given an opportunity to be
heard. If the hearing is conducted before the board of supervisors
on appeal, the board may refer the matter back to the planning commission
for further proceedings or for report and recommendation. The board
of supervisors may impose those conditions to the action it takes
as it considers necessary to protect the interests of the county.
The decision of the board is final.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
Any application for a land use entitlement including a general plan amendment, a specific plan, or specific plan amendment or rezoning which would constitute an intensification of land use, in that area west of Roseville bounded by Baseline Road, Fiddyment Road. West Section line, Sections 11, 14, 23 26, and 35, Township I, north range 5 east and that area to the south of Sunset Boulevard West as shown on the attached map. "Transition area" shall be processed as provided by Sections 17.58.280 through 17.58.310 of this chapter. The requirements of this provision are supplemental to all application filing and processing requirements set out in Sections 17.58.010 through 17.58.260. All applicable requirements set out in this chapter shall also apply to applications regarding property in this transition area.
(Ord. 5126-B, 2001)
Applications for approval of any land use entitlement in this
transition area shall include the following:
A.
Original
copy of completed Placer County planning department application form,
with all required signatures;
B.
Processing
fees as required by the most current Placer County planning department
fee schedule;
C.
A draft
specific plan document that includes the following detailed information
in the form of text and diagrams:
1.
Proposed
Land Use. The distribution, location and extent of land uses proposed
within the area covered by the plan, including open space.
2.
Infrastructure.
The proposed distribution, location, extent and intensity of major
components of public and private transportation, water, wastewater,
reclaimed water, drainage, solid waste disposal, energy, schools,
parks, police, fire, libraries, and other essential facilities to
be located within the specific plan area and/or needed to support
the proposed land use.
3.
Land
Use and Development Standards. Standards and criteria by which development
will proceed including permitted uses, affordable housing provisions,
design concepts and requirements, flood plain protection, open space
maintenance, development and conservation standards and criteria.
4.
Implementation
Measures. A program of implementation measures, including regulations,
programs, public works projects, phasing, and financial measures necessary
to carry out the proposed land use, infrastructure, services, landscape
and open space maintenance, and development and conservation standards
and criteria.
5.
Placer County Conservation Program Compliance Chapter 19, Article 19.10. The applicant shall prepare a plan that demonstrates compliance with the habitat conservation plan / natural community conservation plan (HCP/NCCP) and, if applicable, the county aquatic resource program (CARP), pursuant to Section 19.10.070.
D.
The
Following Specific Plan Support Documentation.
1.
A
statement of the relationship and compliance of the proposed project
to the Placer County general plan and any applicable community plan,
including, but not limited to, reports, studies, or other materials
evaluating the relationship between the proposed project and the standards
and requirements specified in Part III of the county General Plan.
2.
Analysis
of market demand relative to the type of development proposed, governing
both the incorporated and unincorporated areas of South Placer County.
3.
Preliminary
fiscal impact analysis of the proposed project on both the county
and city assuming and not assuming annexation by Roseville.
4.
Documentation
which demonstrates that adequate surface water, sewer capacity, and
the necessary distribution and collection systems, including transportation
facilities is existing or can be built to serve the proposed project,
and that demonstrate that the legal, financial, and practical ability
to provide a full range of public services exists.
E.
GPA,
SPA, rezone exhibit map drawn to scale (typically 1:400 or similar)
indicating:
1.
Property
lines;
2.
Existing
proposed roadways;
3.
Existing
easements and type;
4.
Street
names;
5.
Assessor's
parcel numbers for all parcels affected;
6.
Existing
and proposed land use and zoning on subject and adjacent parcels;
7.
Project
name;
8.
Vicinity
map;
9.
North
arrow and scale; and
10.
Summary of projects statistics including acreage.
F.
Any
environmental baseline studies which have been completed for the property,
including, but not limited to, documentation on the status of any
required wetland permits (ACE and DF&G)
G.
Additional
information determined to be necessary by the county.
(Ord. 5126-B, 2001; Ord. 6041-B § 23, 2020)
In addition to the application information required by Section 17.58.280, the applicant shall forward a minimum of eight additional copies of the information provided to Placer County to the city of Roseville, along with a minimum of 10 copies of the following information.
A.
Original
copy of a completed city of Roseville universal application form,
with all required signatures.
B.
A letter
acknowledging the requirements to pay full city of Roseville processing
costs (staff and consultant) and requirement to enter into the appropriate
city approved funding agreements.
C.
Property
owners radius list (current within one year), property owners map,
signed affidavit and types address labels (per city application instructions).
D.
A statement
of the relationship in compliance with the proposed project to the
city of Roseville General Plan, including, but not limited to, reports,
studies, and other materials documenting how the proposed project
relates to the following factors:
1.
Consistency
with government code requirements for specific plans;
2.
Consistency
with city of Roseville's General Plan goals and policies;
3.
Consistency
with identified citywide studies and holding capacity analysis;
4.
Justification
for proposed specific plan boundaries;
5.
Impact
on the city's growth pattern;
6.
Community
benefits; and
7.
Ability
to mitigate anticipated impacts.
E.
Any
additional information determined to be necessary by the city.
(Ord. 5126-B, 2001)
In conditionally approving a development application in the
transition area, the granting authority shall adopt conditions of
approval to require that all physical development, infrastructure
and public services be constructed, installed, financed or provided
to the Placer County standards for urban development.
(Ord. 5126-B, 2001)
A.
After acceptance of a completed application as provided by Section 17.58.270, the application shall undergo environmental review as required by Chapter 18 of this code for an (Environmental Review) and the California Environmental Quality Act (CEQA).
B.
Regardless
of which entity, Roseville or county of Placer, processes an application
for land use entitlements within the purview of the ordinance, the
lead agency shall perform an initial study pursuant to the California
Environmental Quality Act, and shall ensure that all identified fiscal,
transportation and circulation, utilities and services, affordable
housing and groundwater impacts of the proposed development will be
mitigated to a level that is less than significant, unless both county
and city agree that specific overriding considerations render such
mitigation measures infeasible.
(Ord. 5004-B, 1999; Ord. 5126-B, 2001)
