This chapter shall be administered by the planning director
under the policy direction of the board of supervisors, working with
the planning commission, the zoning administrator and the development
review committee, as the duties of each are described by this subchapter.
As provided by California Government Code Section 65100, the functions
of a planning agency shall be performed by the Placer County board
of supervisors, the Placer County planning commission and/or the Placer
County planning department.
(Ord. 5126-B, 2001)
The planning director shall have the responsibility and authority
to perform all the functions described by California Government Code
Section 65103, including, but not limited to, the administration and
enforcement of the provisions of this chapter, and the review of projects
pursuant to the California Environmental Quality Act and Chapter 18
of this code. Except where otherwise provided by this chapter, the
responsibilities of the planning director may also be carried out
by planning department employees under the supervision of the planning
director.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5618-B § 5, 2010)
The agency director or designee shall serve as the zoning administrator
pursuant to the authority established by California Government Code
Section 65900 et seq., and as follows:
A.
Appointment.
The agency director shall have the authority to appoint a qualified
person as zoning administrator, who shall serve in that capacity at
the discretion of the director.
B.
Duties
and Supervision of Zoning Administrator:
1.
The
zoning administrator shall serve as a hearing officer and is assigned
the authority and original jurisdiction to investigate, consider,
and approve or deny applications for administrative review permits,
minor use permits, variances, and any other matters as specifically
provided by this chapter.
2.
When
the agency director or designee assigns the duties of the zoning administrator
to a designee, that staff person shall also perform any additional
duties in the community development/resource agency assigned by the
agency director as appropriate to the personnel title of the designee.
The designee shall be subordinate and directly responsible to the
agency director and/or any intermediate supervisory staff in the performance
of all duties other than those of zoning administrator, but shall
not be subordinate to, nor under the direction or control of the agency
director when performing the duties of zoning administrator.
C.
Referral
to Planning Commission. The agency director or zoning administrator
may transfer original hearing jurisdiction from the zoning administrator
to the planning commission at his or her discretion when it is deemed
necessary because of policy implications, unique or unusual circumstances,
or the magnitude of the project.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
The planning commission is hereby established for Placer County
pursuant to California Government Code Section 65101. The planning
commission shall be appointed and shall serve as follows:
A.
Appointment
and Terms of Office.
1.
The
planning commission shall consist of seven members who are not otherwise
officials of the county. Five commissioners shall each be residents
of different supervisorial districts, shall be nominated by the supervisor
of their district of residence and shall be appointed by a majority
of the board of supervisors. These five commissioners shall serve
terms concurrent with the supervisor of their district of residence.
2.
Two
commissioners shall be at-large members of the planning commission.
The at-large members shall be residents of the county and can be nominated
by any supervisor but require approval by a majority vote of the supervisors.
One at-large commissioner shall reside at least part time east of
the Sierra Crest in the county and will be appointed to recognize
the unique nature of that region. The term of this commissioner will
commence January 1, 1998 and run for one year to January 1, 1999 and
then a new term will continue on four year intervals thereafter. If
a vacancy occurs during any term, any appointee will only complete
the unexpired balance of the then current term. The other at-large
commissioner shall reside at least part time west of the Sierra Crest
in the county. The term of this at-large commissioner will commence
January 1, 2013, for a term of four years and continue on four-year
intervals thereafter. A vacancy in this appointment will be filled
only for the unexpired balance of the then current four-year term.
B.
Procedure.
Any supervisor may nominate a candidate for an at-large vacancy. However,
any such nomination must be provided in writing by the supervisor
to county staff and to other supervisors at least thirty days before
the vote on the nomination. Any nomination for any unscheduled vacancy
may only occur after compliance with the posting requirements of Government
Code Section 54974. For purposes of continuity the current at-large
commissioners shall remain voting members of the commission until
replaced pursuant to this chapter. However, effective with the approval
of this chapter after its second reading, the clerk of the board is
directed to post the vacancies of the at-large appointments pursuant
to Government Code Section 54974 and then follow the procedures adopted
herein. The board may adopt by resolution further procedures for the
review and approval of candidates nominated for these at-large seats.
C.
Authority.
The planning commission shall have the authority to perform the duties
and functions assigned to them by this chapter and other chapters
of this code.
D.
Compensation.
Planning commission members shall receive such compensation as the
board of supervisors approves for their attendance at each commission
meeting, in addition to being reimbursed for reasonable and necessary
expenses incurred in attending such meetings and performing the other
duties of office. When a member serves on a committee, he or she shall
receive compensation for each day or portion thereof when performing
such duties. Commission members shall also receive compensation for
each day or portion thereof needed for travel and attendance at a
planning or zoning conference, in addition to actual expenses, when
such travel and attendance is first authorized by the county executive
officer.
(Ord. 5126-B, 2001; Ord. 5699-B § 1, 2013; Ord. 6123-B § 1, 2022)
A.
Decisions
of the planning commission require a vote of not less than 51% of
a quorum (i.e., four members) of the commission. Decisions of the
board of supervisors require three votes. Tie votes (i.e., 3-3 or
2-2) shall result in a denial of the motion under consideration. Where
the commission or the board is the original hearing body, a failure
to approve or deny a project which is before them for consideration
shall constitute a denial of the application for said project. In
the case where an appeal of a lower hearing body's decision is being
considered by the planning commission or the board of supervisors,
a failure of the hearing body to act affirmatively means that the
decision of the lower hearing body which is the subject of the appeal
hearing is upheld.
B.
Example.
If a variance request was approved by the zoning administrator, appealed
to the planning commission by an adjacent property owner and the appeal
was denied on a 6-1 vote by the commission, then a 2-2 vote on an
appeal of the commission's decision to the board of supervisors (one
member of the board being absent for the vote) would result in the
denial of the appeal and an affirmation of the ZA's original decision.
(Ord. 5126-B, 2001)
A.
Appointment
and Duties. A development review committee (DRC) is established to
perform the following duties:
1.
To
review all administrative review, minor and conditional use permit,
variance, rezoning, zoning ordinance amendment applications, specific
plans, general plan amendments, and development agreements as a staff
project review group to advise the planning director, zoning administrator,
planning commission and board of supervisors on such applications.
2.
To serve as the parcel review committee established by Section 16.04.020(B) of the subdivision ordinance, Chapter 16 of this Code, and to perform any duties specified by Chapter 16.
B.
Composition
of Committee. The development review committee shall be selected or
assigned by the agency director or designee and may include representatives
of the community development/resource agency, the planning department,
the department of public works and the division of environmental health.
At the discretion of the agency director, the committee may also include
such other technical or professional persons determined by the agency
director to be necessary for a full and thorough examination of any
applications and/or supplementary documents submitted to the zoning
administrator, the planning commission or the board of supervisors
for consideration.
C.
Decisions of the Committee. Decisions by the development review committee (DRC) on the recommendations it forwards to the zoning administrator, the planning commission and/or the board of supervisors shall be unanimous to enable a recommendation for approval of the application. Where one member of the DRC opposes a recommendation for approval of an application, the recommendation of the committee shall be for denial of the application. (See Section 17.58.070 (Staff report and recommendations) for requirements regarding report content and reasoning for recommendation.)
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
A.
Citizen Committees. The board of supervisors may establish and appoint one or more citizen design/site review committees to review and comment on all design review applications within the design review districts established pursuant to Section 17.52.060 of this chapter. The number of members, lengths of members' terms and area of jurisdiction shall be specified by the board of supervisors at the time of committee appointment. Such committee(s) shall provide advisory comments to the planning director and/or agency director or designee for use in decisions on applications within the design review combining district (Section 17.52.070).
B.
Staff Committee. A staff design/site review committee (D/SRC) shall be established by the agency director or designee to review and approve, deny, or approve with conditions all applications for design review approval as provided by Section 17.52.070 (Design review). The staff design/site review committee shall be selected or assigned by the agency director and may include representatives from the community development/resource agency, the planning department, the department of public works and the division of environmental health.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
Sections 17.60.090 through 17.60.110 of this chapter set forth procedures for changing and/or obtaining relief from the provisions of this chapter.
(Ord. 5126-B, 2001)
A.
Initiation
of Amendment. An amendment to this chapter may be initiated by the
agency director, planning director, the planning commission or the
board of supervisors. Amendment requests from the public shall be
filed using the forms provided by the planning department, shall be
signed by the legal owner(s) of property affected by the proposed
amendment, and shall include the filing fee set by the county fee
ordinance.
B.
Notices
and Meetings.
1.
County-Initiated
Plan Amendments or Rezonings and Public Review. Once initiated, notice
of county-initiated amendments will be posted on the agency website.
Once the amendment(s) is drafted, a public meeting will be noticed
to provide the public the opportunity to make comments. The planning
director and district supervisor shall consult together to select
the meeting venue, format, and medium based on the scope of the amendment
when only one supervisorial district would be affected by the amendment(s).
When more than one supervisorial district is affected by the amendment(s),
a townhall or similar meeting venue shall be held. In addition, the
planning director and district supervisor(s) shall consult together
to determine if additional meetings (i.e., additional townhalls, MAC
meetings, or other public meetings) should be held. Noticing of the
meeting will be in compliance with the Brown Act. No amendment proposed
by the county shall be invalid in the event it is not, for any reason,
reviewed in a public meeting prior to the hearing by the planning
commission.
2.
Privately
Initiated Plan Amendments or Rezonings and Public Review. For a private
project that requires a hearing before the planning commission, notice
to any local municipal advisory council whose boundaries encompass
the proposed project area shall be provided as described in Section
17.60.140(A)(6).
C.
Planning
Commission Recommendation. The planning director, on behalf of the
planning commission, shall submit a written report conveying the commission's
recommendation on the proposed amendment to the board of supervisors
giving the reasons for the recommendation and the relationship of
the proposed amendment to affected elements of the general plan and
any affected community plans or specific plans.
D.
Board of Supervisors Hearing and Decision. The board of supervisors shall provide public notice and hold a public hearing pursuant to Section 17.60.140. The board of supervisors may approve, modify or disapprove the recommendation of the planning commission, provided that no ordinance amendment or rezoning shall be approved unless the board of supervisors first finds that the proposed change is consistent with all applicable provisions of the Placer County general plan. However, any modification of a proposed amendment by the board of supervisors not previously considered by the planning commission shall first be referred to the planning commission for report and recommendation. The planning commission is not required to hold a public hearing on such referral. As provided by California Government Code Section 65857, failure by the planning commission to report within forty days after the referral (or longer period set by the board) shall be deemed approval of the proposed modification to the amendment.
E.
Conditional
Rezonings. The planning commission may recommend and the board of
supervisors may impose reasonable conditions on the approval of any
rezoning for the purposes of ensuring consistency of the proposed
zoning with the general plan, mitigating environmental impacts, minimizing
functional conflicts with surrounding land uses, or any other purpose
that is determined by the board of supervisors to protect the public
health, safety, or general welfare.
1.
Type
of Conditions. Conditions imposed on a rezoning pursuant to this section
may include, but shall not be limited to, dedication of additional
road rights-of-way and requirements for participation in the cost
of public improvements, reasonably related to the land uses that would
be allowed by the proposed zoning, and limitations on the type and
nature of land uses allowed in the new zone district.
2.
Timing
of Compliance with Conditions. When a zoning amendment with conditions
is adopted by the board of supervisors, the ordinance shall specify
when such conditions shall be satisfied relative to the approval by
the county of any subdivision of the property, any land use or construction
permits, or any actual development.
3.
Reversion
of PD Designation Following Expiration of Tentative Map. When any
subdivision tentative map approved in conjunction with the establishment
of a PD designation expires or such approval is otherwise revoked
by the planning commission or the board of supervisors, the PD designation
established for the project shall either revert to the PD density
which existed prior to the project approval, or shall no longer be
effective (if no PD designation existed prior to project approval).
F.
Termination
of Proceedings. The process of rezoning a property or considering
another amendment to this chapter may be terminated by the board of
supervisors before the amendment is adopted, as follows:
1.
With
the approval of the planning commission, an amendment request from
the public may be withdrawn if a written application is filed by a
majority of the persons who signed the original rezoning application.
2.
The
board of supervisors may abandon any amendment proceedings, either
on its own motion or at the request of the planning commission, as
long as any hearing for which public notice was given is first held.
G.
General/Community/Specific Plan Amendments. Amendments to the Placer County general plan, any adopted community plan or an approved specific plan shall be processed in the same manner as amendments to this chapter (Sections 17.60.060(A) through (D)), except that plan amendments, if approved by the board of supervisors, shall be adopted by resolution rather than by ordinance. Plan amendment applications necessary to accomplish rezonings or zoning text amendments may proceed either concurrently with or prior to other amendment applications which are processed pursuant to the provisions of this section.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5607-B § 1, 2010; Ord.
6164-B § 13, 2022)
A variance from the strict application of the requirements of
this chapter may be requested and granted as provided by this section.
A.
Limitations
on the Use of a Variance. A variance shall not be used to:
1.
Reduce
the minimum lot area required for a new land division by Articles
17.06 through 17.52 of this chapter such that the project would increase
densities above those specified by the general plan or any applicable
community plan; or
2.
Waive
any other requirement of this chapter or Chapter 16 of this code (Subdivisions)
related to general plan consistency and other subdivision map requirements;
or
3.
Authorize
land uses other than those identified as allowed in the particular
zoning district by Articles 17.06 through 17.52, as required by California
Government Code Section 65906.
B.
Application and Processing: A variance application shall be completed, filed with the planning department and processed as provided by Sections 17.58.020 (Applications—Filing and initial processing).
C.
Notice and Hearing. After acceptance of a variance application and completion of a staff report, the zoning administrator (or planning commission in the case of variances associated with projects for which the planning commission is the granting authority) shall conduct a public hearing on the variance request. The notice and scheduling of the hearing shall be as set forth in Section 17.60.140 (Public hearing).
D.
Action
on a Variance. The zoning administrator or planning commission shall
approve, approve subject to conditions, or disapprove a variance as
set forth in this subsection.
1.
Findings.
Approval or conditional approval may be granted only when the granting
authority first determines that the variance satisfies the criteria
set forth in California Government Code Section 65906 by finding that:
a.
There are special circumstances applicable to the property, including
size, shape, topography, location or surroundings, and because of
such circumstances, the strict application of this chapter would deprive
the property of privileges enjoyed by other property in the vicinity
and under identical zoning classification.
b.
The variance authorized does not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity
and in the same zone district.
c.
The variance does not authorize a use that is not otherwise allowed
in the zoning district.
d.
The granting of the variance does not, under the circumstances and
conditions applied in the particular case, adversely affect public
health or safety, is not materially detrimental to the public welfare,
nor injurious to nearby property or improvements.
e.
The variance is consistent with the Placer County general plan and
any applicable community plan or specific plan.
2.
Conditions
of Approval. In approving a variance, conditions shall be adopted
by the zoning administrator or planning commission as necessary to
enable making the findings described in subsection (D)(1) of this
section.
E.
Effective Date of Variance. The approval of a variance shall become final and effective for the purposes of construction permit issuance or establishment of a nonstructural use, on the 11th day after approval by the granting authority, unless an appeal to the decision is filed as set forth in Section 17.60.110 (Appeal). In the event of an appeal, the decision of the granting authority shall be set aside and of no effect until final action by the appeal body 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 10 day waiting period and may establish an effective date for the variance action at any time following the conclusion of the public hearing, not to exceed the original 10 day waiting period.
(Ord. 5126-B, 2001)
The County recognizes that its geographic diversity makes the
application of uniform standards for setbacks, height, lot size, and
accessory building size limitations occasionally illogical and overly
restrictive. In order to create a simplified process for obtaining
relief from these standards, where specific topographic, vegetative,
geographic, and/or preexisting conditions warrant relief, the County
has created an administrative approval process.
A.
Administrative
Approval. An administrative approval may be granted to allow partial
relief from the below-mentioned types of standards unless such relief
is sought after a violation of the standard is willfully and illegally
created.
1.
Up
to a 50% reduction in the required setback from any road easement
where the minimum setback for the applicable zone district (without
consideration of the necessary adjustment related to road easement
width) is met;
2.
Up
to a 50% reduction in the minimum setback from any artificial watercourse
such as canals, channels, and flood water conveyances that are lined
with impervious materials (e.g., gunite, shotcrete or rock lined);
3.
An
increase of not more than five feet or 10%, whichever is less, in
the height of any structure, fence or other feature to which a height
limit applies;
4.
Up
to a 10% reduction in parking standards;
5.
Up
to a 50% increase in the permitted size of a residential or agricultural
accessory structure;
6.
Any
signing proposal where the new sign is closer to conforming with the
current applicable standards than the sign that is being replaced;
7.
Up
to a 50% structural setback reduction in the stream system boundary
(Section 17.54.145(B)(1)).
C.
Action
on Administrative Approval. The planning director, or designee, shall
approve, deny, or conditionally approve each request made under this
section.
1.
In
order to authorize relief from the standards noted above the planning
director must determine that the following circumstances exist:
a.
Relative to (A)(1) Above. It is unlikely that in the foreseeable
future the affected roadway will be widened such that the structure
authorized at the reduced setback will be an obstruction of any type
and the minimum setback applicable in the base zone is still met and
that a new structure built at the new setback is not incompatible
with surrounding improved properties.
b.
Relative to (A)(2) Above. The reduced setback from the canal is not
likely to jeopardize the canal structure, nor threaten the quality
of water in the canal, nor inhibit access to the canal.
c.
Relative to (A)(3) Above. The increased height is essentially de
mimimus due to elevation differences between properties, or so small
a change as to be unnoticeable.
d.
Relative to (A)(4) Above. The required number of parking spaces is
unreasonable given the specific development proposed on a site and
the likelihood of a change in use that would require more parking,
is remote.
e.
Relative to (A)(5) Above. The property is proportionately larger
than the minimum parcel size upon which the standard is based and
the property is located in an area of generally larger (than the minimum)
parcels and the larger accessory building has setbacks which are proportionately
greater than the minimum.
f.
Relative to (A)(6) Above. The new proposed sign is substantially
closer to meeting the current standards than the sign being replaced
and is considered to be an improvement over the current situation.
2.
Conditions
of Approval. In approving relief from the above mentioned standards,
conditions shall be placed on the approval to ensure that the conditions
which justified the action are maintained over time, or are necessary
to eliminate or minimize any adverse affect on a neighboring property,
or are necessary to ensure compliance with the intent of the standard
being modified.
D.
Effective
Date, Time Limits, and Extensions. The administrative approval shall
become effective on the 11th day after approval by the planning director,
or designee. An applicant may seek review by the agency director.
An appeal may be filed pursuant to Section 17.60.110(A)(2). The decision
shall be set aside and of no effect until resolved by the agency director
or the appeal body.
Administrative approvals shall be subject to the time limits, extension criteria and other provisions of Section 17.58.160 of this chapter.
(Ord. 5373-B, 2005; Ord. 6041-B § 24, 2020)
Decisions of the planning director, agency director, the zoning
administrator, the environmental review committee, the parcel review
committee, the design/site review committee, the development review
committee and the planning commission may be appealed by an applicant
or by any aggrieved person as provided by this section.
A.
Appeal
Subjects and Jurisdiction. Actions and decisions that may be appealed,
and the authority to act upon an appeal shall be as follows:
1.
Administration
and Interpretation. The following actions of the planning director
and his/her staff may be reviewed by the agency director and, thereafter,
may be appealed to the planning commission and then to the board of
supervisors:
a.
Determinations on the meaning or applicability of the provisions
of this chapter that are believed to be in error, and cannot be resolved
with staff;
b.
Any determination that a permit application or information submitted
with the application is incomplete, pursuant to California Government
Code Section 65943.
2.
Land Use Permit and Hearing Decisions. Rulings of the planning director, agency director, the zoning administrator, the design/site review committee, or the parcel review committee (other than road improvement requirements) may be appealed to the planning commission and then to the board of supervisors. Rulings of the parcel review committee related to road improvement requirements may be appealed to the agency director (see Section 16.20.090 of the Placer County Code) and then to the board of supervisors. Rulings of the planning commission may be appealed directly to the board of supervisors. Rulings of the development review committee and the environmental review committee may be appealed to the hearing body having original jurisdiction in the matter being appealed. (Note: See Section 17.60.050
(Decisions of the planning commission and board of supervisors)
for a discussion of the voting requirements of appeal bodies.)
B.
Who
May Appeal.
1.
An
appeal may be filed by any person affected by a planning department
administrative action or interpretation as described in subsection
(A)(1).
2.
A
hearing decision described in subsection (A)(2) may be appealed by
anyone who, in person or through a representative explicitly identified
as such, appeared at a public hearing in connection with the decision
being appealed, or who otherwise informed the county in writing of
the nature of his/her concerns before the hearing.
3.
A
representative of a county department presenting departmental recommendations
at a hearing shall not be authorized to appeal a decision reached
at such hearing.
C.
Filing
of Appeals:
1.
Timing
and Form of Appeal. An appeal must be filed within ten days of the
decision that is the subject of the appeal; appeals filed more than
ten days after the decision shall not be accepted by the planning
department. A notice of appeal shall be in writing, shall specify
the decision or portion of the decision being appealed, shall include
a detailed state of the factual and/or legal grounds upon which the
appeal is being taken and shall include other information required
by the planning director, and may include any explanatory materials
the appellant may wish to furnish within 30 days of the date of filing
the appeal, the appellant shall provide to the Planning Department
all written materials which the applicant desires the appellate body
to consider at the appeal hearing, including, if applicable, any proposed
changes to the project. The appeal shall be accompanied by the filing
fee set by the most current planning department fee schedule.
2.
Filing
and Processing. An appeal shall be filed with the planning director,
who shall process the appeal pursuant to this section, including scheduling
the matter before the appropriate appeal body.
3.
Effect
of Filing. In the event of an appeal, the decision being appealed
shall be set aside and of no effect until final action by the appeal
body pursuant to this section.
4.
Appellant
not project applicant. In the event that the person filing the appeal
is not the applicant for the project that is the subject of the appeal,
a copy of the notice of appeal shall be provided to the applicant
within 10 days after receipt by the Planning Director. A copy of all
materials received from the appellant pursuant to subsection (c)(1)
herein shall also be provided to the applicant upon the applicant's
request. Not later than 10 days prior to the date of the hearing,
the applicant shall submit to the Planning Department any responsive
materials to the appeal that the applicant wishes the appellate body
to consider.
D.
Processing
of Appeals:
1.
Extension
of Prior Permit. Where the subject of an appeal is a business or activity
in continuous or ongoing seasonal operation pursuant to a previously
issued permit, the board of supervisors may grant a temporary extension
of the previously issued permit pending the outcome of the appeal,
but no longer than sixty days from the date of expiration. The temporary
extension may be granted only in a public meeting of which all appellants
of record have been individually notified, and at which all interested
parties are given an opportunity to be heard.
2.
Report and Scheduling of Hearing. When an appeal has been filed, the planning director shall prepare a report on the matter and shall schedule the matter for consideration by the appropriate appeal body identified in subsection A of this section after completion of the report.
3.
Board
Assumption of Appeal Hearing Authority. In any case where a ruling
of the agency director or zoning administrator has been appealed to
the planning commission, the board of supervisors may determine that
they shall hear and decide upon the appeal instead of the planning
commission. A decision for the board to assume appeal authority shall
occur through the vote of three or more board members at a regular
meeting of the board of supervisors, either before the distribution
of public notice for the planning commission hearing, or within ten
days after a continued hearing before the commission.
4.
Action
and Findings.
a.
General Procedure. After an appeal has been scheduled for consideration by an appellate body, the appellate body shall conduct a public hearing pursuant to the provisions of Section 17.60.140 (Public hearing). At the hearing (a hearing conducted "over again"), the appellate body shall initiate a discussion limited to only those issues that are the specific subject of the appeal, and, in addition, the specific grounds for the appeal. For example, if the permit for a project approval or denial has been appealed, the entire project will be the subject of the appeal hearing; however, if a condition of approval has been appealed, then only that condition and issues directly related to the subject of that condition will be allowed as part of the discussion by the appellate body.
i.
The appeal body may affirm, affirm in part, or reverse the action,
decision or determination that is the subject of the appeal, based
upon findings of fact about the particular case. The findings shall
identify the reasons for the action on the appeal, and verify the
compliance or noncompliance of the subject of the appeal with the
provisions of this chapter.
ii.
When reviewing a decision on a land use permit (Article 17.58), the
appellate body may adopt additional conditions of approval that may
address other issues or concerns than the subject of the appeal, only
if such other issues or concerns are substantially related to the
subject of the appeal.
b.
Appeals to Board. When a decision of the planning commission has
been appealed to the board of supervisors, the board may choose to
not conduct a hearing on the appeal, based on their review of the
report and action of the planning commission. Such action by the board
shall constitute affirmation of the decision being appealed.
c.
Time Limits on Appeals. Upon receipt of an appeal in proper form,
the planning director or clerk of the board of supervisors, as applicable,
shall schedule the matter for consideration by the appropriate appeal
body. The appeal body shall commence a public hearing on the appeal
within ninety days of its proper filing, or within such other time
period as may be mutually agreed upon by the appellant, in writing,
and the appeal body, in writing. If the public hearing is not commenced
within ninety days, or an alternative time period is not agreed upon
by the appellant and the appeal body, the decision rendered by the
last hearing body shall be deemed affirmed. (Note: Once commenced,
a public hearing on an appeal may be continued from time to time for
good cause.)
5.
Withdrawal
of Appeal—Hearing Decisions. After an appeal of a decision has
been filed, an appeal shall not be withdrawn except with the consent
of the appropriate hearing body.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
No land use permit shall be approved pursuant to Article 17.58 (Discretionary Land Use Permit Procedures) which results in the creation of a nonconforming use of land or building, or which makes any existing use, building or structure nonconforming as to the provisions of this chapter. A nonconforming use of land or buildings may be continued, changed or replaced only as provided by this section. Nonconforming mobile homes are covered by Section 17.56.150(E).
A.
Nonconforming
Uses of Land. A nonconforming use of land may be continued, transferred
or sold, provided that no such use shall be enlarged or increased,
nor be extended to occupy a greater area than that which it lawfully
occupied before becoming a nonconforming use. Additionally, nonconforming
uses shall not be enlarged, extended expanded nor increased to occupy
a larger area, nor a more intensive use than that which it was characterized
by in the prior twelve months.
Commercial shooting ranges that were in use during the 12 months
prior to January 1, 2006 may be continued, transferred or sold provided
that no such use shall be enlarged or increased without first obtaining
approval of a minor use permit.
Existing permitted uses on properties that were rezoned to RM30-Dc by the board of supervisors may be enlarged, increased, extended, reconstructed, or altered to occupy a greater area than that which was lawfully occupied before becoming a nonconforming use, if such additions, improvements, or expansions conform to all other applicable provisions of this chapter (see Sections 17.54.020, 17.54.130, 17.54.140, 17.54.145, 17.54.150, and 17.54.160) without first obtaining approval of a zoning clearance.
B.
Nonconforming
Buildings. A nonconforming building may continue to be used as follows:
1.
Changes to Building. The enlargement, extension, reconstruction or structural alteration of a building that is nonconforming only as to height and setback regulations, may be permitted if such additions or improvements conform to all other applicable provisions of this chapter (See Sections 17.54.020, 17.54.130, 17.54.140, 17.54.150, and 17.54.160), and the exterior limits of new construction do not encroach any further into the setback or the height limit than the comparable portions of the existing building.
2.
Maintenance
and Repair. A nonconforming building may undergo normal maintenance
and repairs, provided that the work does not exceed fifteen percent
of the appraised value thereof as shown in the assessor's records
in any one year period.
C.
Nonconforming
Use of a Conforming Building. The nonconforming use of a building
that otherwise conforms with all applicable provisions of this chapter
may be continued, transferred and sold, as follows:
1.
Expansion
of Use. The nonconforming use of a portion of a building may be extended
throughout the building provided that a minor use permit is first
secured in each case where the expansion exceeds thirty percent of
the original size of the nonconforming use.
2.
Substitution
of Use. The nonconforming use of a building may be changed to a use
of the same or more restricted nature.
D.
Nonconforming
Residential Uses in a Commercial or Industrial Zone. A nonconforming
residential use located in a commercial or industrial zone may be
expanded, enlarged or remodeled without regard to the limitations
provided by subsections (B)(2) and (C)(1); however, the provisions
of subsection (B)(1) shall apply.
E.
Industrial
Districts. A nonconforming industrial or agricultural use located
in an industrial district may undergo minor alterations or additions,
except that such use shall be brought into conformity with all applicable
provisions of this chapter if it is proposed to be altered or increased
to more than thirty percent of its original size as it existed on
the date the use became nonconforming, or to such an extent that the
use of land is different from the initial use and the new use would
require a minor or conditional use permit.
F.
Destroyed
Structure. The reconstruction of a building damaged by fire or calamity
which at the time was devoted to a nonconforming use may be authorized
by the zoning administrator through minor use permit approval, provided
that reconstruction shall occur within twenty-four months after the
date of the damage and that the reconstructed building shall have
no greater floor area than the one damaged.
G.
Loss of Nonconforming Status. If a nonconforming use of land or a nonconforming use of a conforming building is discontinued for a continuous period of one year, it shall be presumed that the use has been abandoned. Without further action by the county, further use of the site or building shall comply with all the regulations of the zone district in which the building is located (Sections 17.60.060 et seq.) and all other applicable provisions of this chapter.
(Ord. 5126-B, 2001; Ord. 5459-B Exh. A, 2007; Ord. 6264-B, 5/21/2024)
A nonconforming parcel of land that does not comply with the
access, area or width requirements of this chapter for the zone district
in which it is located, shall hereby be considered to be a lawful
building site and may be used as a building site if it meets one of
the criteria specified by this section. It shall be the responsibility
of the applicant to produce sufficient evidence to establish the applicability
of one or more of the following.
A.
Approved
Subdivision. The parcel was created on a subdivision map approved
by the parcel review committee, the planning commission and/or the
board of supervisors as provided by the Placer County subdivision
ordinance, Chapter 16 of this code or on a subdivision map approved
by the board of supervisors before the enactment of Chapter 16 of
this code.
B.
Individual
Parcel Legally Created by Deed. Any parcel of land under one ownership
and of record, that was legally created by a recorded deed prior to
the effective date of the zoning enactment which made the parcel nonconforming.
C.
Land
Conservation Contract. The nonconforming parcel was withheld from
the adjoining land at the time such land was placed under a recorded
land conservation agreement, and the parcel was withheld from the
contract:
D.
Variance or Boundary Line Adjustment. The parcel was approved through the variance procedure (Section 17.60.100) or resulted from a boundary line adjustment as provided in the subdivision ordinance.
E.
Partial
Government Acquisition. The parcel was created in conformity with
the provisions of this chapter, but was made nonconforming when a
portion of the parcel was acquired by a governmental entity so that
the lot size is decreased not more than twenty percent and the yard
facing any road was decreased not more than fifty percent.
F.
Where
buildings or structures have been erected on a nonconforming parcel,
the area where buildings or structures are erected shall not be later
divided so as to reduce the building site area and/or frontage below
the requirements of the applicable zone district or other applicable
provisions of this chapter, or in any way that makes the use of the
parcel more nonconforming.
G.
Note.
Judicially created parcels (due to partition actions, divorce decrees,
etc.) do not necessarily create valid building sites. Parcels created
in such a fashion must be individually analyzed by the county staff
for a determination of conformance with this chapter.
(Ord. 5126-B, 2001)
When a public hearing is required by this chapter, public notice
shall be given and the hearing shall be conducted as provided by this
section.
A.
Notice
of Hearing. Notice of a public hearing shall be given as follows:
1.
Content
of Notice. Notice of a public hearing shall include, but not be limited
to: the date, time and place of the hearing; the name of hearing body;
a general explanation of the matter to be considered; and a general
description, in text or by diagram, of the location of the real property
that is the subject of the hearing. If a proposed negative declaration,
a final environmental impact report, or any other appropriate environmental
document has been prepared for the project pursuant to Chapter 18
(Environmental Review) of this code and the California Environmental
Quality Act (CEQA), the hearing notice shall include a statement that
the hearing body will also consider approval/certification of such
document(s).
2.
Method
of Notice Distribution—Amendments, Plans, Subdivisions, etc.
Notice of a public hearing required by this chapter for zoning ordinance
amendments (i.e., either rezonings or zoning text amendments), general/community/specific
plan amendments, development agreements, subdivisions and parcel maps,
and appeals of decisions on these applications shall be given as follows,
as required by California Government Code Sections 65090 and 65091:
a.
Notice shall be published at least once in a newspaper of general
circulation in the county at least 10 days before the hearing; and
b.
Notice shall be mailed or delivered at least 10 days before the hearing
to:
i.
The owner(s) of the property being considered or the owner's agent,
and the applicant;
ii.
Each local agency expected to provide water, sewage, streets, roads,
schools, or other essential facilities or services to the project,
whose ability to provide such facilities and services may be significantly
affected;
iii.
Any person who has filed a written request for notice with the
planning department and has paid the fee set by the most current fee
schedule for such notice;
iv.
All owners of real property as shown on the latest equalized assessment
roll within 300 feet of the property that is the subject of the hearing,
unless fewer than 30 properties are within 300 feet, then the notification
radius shall be extended to include the 30 nearest properties; or
where the number of property owners to whom notice would be mailed
is more than 1,000, the planning director may choose to provide the
alternate notice allowed by California Government Code Section 65091(a)(3);
c.
Notice shall be posted at least 10 days prior to the hearing on the
property which is subject of the application, as well as in at least
two public places in close proximity to the subject property.
3.
Method
of Notice Distribution—Use Permits and Variances. Notice of
a public hearing required by this chapter for conditional or minor
use permits, variances, and appeals of decisions on these applications
shall be given as follows, as required by California Government Code
Section 65091:
a.
Notice shall be mailed or delivered at least 10 days before the hearing
to:
i.
The owner(s) of the property being considered or the owner's agent,
and the applicant;
ii.
Each local agency expected to provide water, sewage, streets, roads,
schools, or other essential facilities or services to the project,
whose ability to provide such facilities and services may be significantly
affected;
iii.
Any person who has filed a written request for notice with the
planning department and has paid the fee set by the most current fee
schedule for such notice;
iv.
All owners of real property as shown on the latest equalized assessment
roll within 300 feet of the property that is the subject of the hearing,
unless fewer than 30 properties are within 300 feet, then the notification
radius shall be extended to include the 30 nearest properties; or,
where the number of property owners to whom notice would be mailed
is more than 1,000, the planning director may choose to provide the
alternate notice allowed by California Government Code Section 65091(a)(3).
b.
Notice shall be posted at least 10 days prior to the hearing on the
property which is subject of the application, as well as in at least
two public places in close proximity to the subject property.
4.
Additional
Notice. The planning director may also provide any notice with content
or using a distribution method in addition to that required by this
section as he or she determines is necessary or desirable.
5.
Notice
Requirements for Appeals of Other Official Actions. The legal notice
requirements specified in subsections (A)(1), (A)(2), and (A)(3) of
this section are not required for the following types of appeal hearings:
appeals of rulings by the planning director or agency director; appeals
of decisions by the design/site review committee (D/SRC), the development
review committee (DRC) or the environmental review committee (ERC).
6.
Municipal
Advisory Councils and Other Public Meetings. Any project application
not subject to Section 17.60.090(B)(1) that requires a public hearing
before the planning commission shall first be submitted to any local
municipal advisory council (MAC) whose boundaries encompass the proposed
project area. The planning department shall transmit a copy of the
project application to the appropriate MAC, and shall request the
MAC's general review and comment. For a project affecting a large
geographical area (i.e., affecting more than one MAC boundary, and/or
an area encompassing larger than 50 acres, and/or requiring 300 or
more employees), the planning director, in consultation with the affected
district supervisor, may determine a townhall or similar meeting venue
be held in addition to or as an alternative to a MAC meeting. Notice
of the meeting will be in compliance with the Brown Act. No private
project shall be invalid in the event it is not, for any reason, reviewed
by the municipal advisory council or reviewed in a public meeting
prior to the hearing by the planning commission. See Section 17.60.090(B)(1)
for noticing requirements for county-initiated projects.
B.
Scheduling of Hearing. After the completion of any environmental documents required by the California Environmental Quality Act (CEQA), the matter shall be scheduled for public hearing on the next available zoning administrator, planning commission or board of supervisors agenda (as applicable) reserved for such matters, but no sooner than 10 days after the distribution of the public notice or 21 days after the posting of a proposed negative declaration. At the discretion of the hearing body, a public hearing may be continued from its scheduled date as provided by subsection C of this section.
C.
Notice of County Action When Hearing Continued. If a decision on a permit or amendment is continued by the county to a time which is neither previously stated in the public notice of the hearing, nor announced at the hearing as a time certain, the county shall provide notice of the further hearings (or action on the permit) in the same manner and within the same time limits as provided by subsection A of this section.
D.
Conduct
of Hearing. The public hearing shall be conducted according to such
rules as may be adopted by the hearing body. At the public hearing,
interested persons shall be given the opportunity to present information
and testimony about the proposed project or amendment. Applications
may be scheduled for separate action, or the agenda may be structured
such that several applications may be considered and decided at one
time. A consent agenda may be used for those items which are routine
and/or noncontroversial and for which no discussion by the hearing
body is required. If an item requires discussion prior to the hearing
body's action, the item shall be removed from the consent agenda at
the request of any member of the hearing body and shall be added to
the agenda for discussion at a later time during the same meeting
or shall be continued to a later date.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
6164-B § 14, 2022)
