A. Intent. Use permits provide an opportunity to review the location,
site development or conduct of certain land uses, activities and structural
features that generally have a distinct impact on the area in which
they are located or are capable of creating special problems for bordering
properties unless given careful attention. Use permits are discretionary
and may be granted or denied by the planning commission under the
provisions of this section.
B. Transferability. A use permit shall be valid only for the
property for which it was issued. Use permits shall not be transferred
from one property to another.
C. Uses Requiring a Use Permit. Uses shall be required to obtain
a use permit as specified in this chapter.
D. Conditions.
1. If
the planning commission grants a use permit, it may attach any conditions
to the use permit that are deemed necessary to achieve the purposes
of this title, and that also promote the general health, safety and
public welfare of the city.
2. The
conditions imposed by the planning commission may include, but are
not limited to:
a. Improvement of vehicle access to the subject property in accordance
with city standards.
b. Regulation of a structure's horizontal or vertical size.
c. Regulation or placement of the use or building on the subject property.
d. Regulation of the design and configuration of building frontages.
e. Regulation of the nature, hours of operation and extent of the use.
f. Regulation of the term during which the use permit is valid.
g. Regulation of landscaping and other barriers for the protection of
adjoining or nearby properties.
h. Improvement of access to the building or site for disabled persons.
3. Each
use permit shall be issued subject to the condition that the zoning
administrator may inspect the premises for which the use permit is
issued at any reasonable time to ensure compliance with the conditions
of the use permit. Refusal to permit the zoning administrator to inspect
the premises shall be rebuttably presumed to be grounds for revocation
of the use permit.
E. Application.
1. Application
for a use permit shall be made to the planning commission in a form
prescribed by the zoning administrator, accompanied by a fee established
by resolution of the city council. The application shall also include
all of the following as applicable:
a. Site and floor plans, including the location, square footage and
use of all structures.
b. Architectural drawings showing proposed building elevations.
c. Landscape plans showing the types, sizes and location of vegetation
to be planted and the irrigation system to be installed.
d. Plans for the configuration and layout of all off-street parking
spaces, including entrances, exits and internal circulation routes.
e. Plans for all lighting to be installed on the site, including the
location, type, height and brightness of each lighting fixture.
f. Drawings of all signs that are proposed in association with the project.
g. Plans showing the location, square footage and capacity of any existing
or proposed surface stormwater detention facilities.
h. Plans showing the location and square footage of any existing or
proposed outdoor storage areas.
i. Descriptions of any off-site infrastructure improvements to be provided
in conjunction with the project.
j. Hours of operation for all proposed land uses.
k. Number of employees and fleet vehicles for all proposed land uses.
l. A letter authorizing the use permit application from the owner of
the property.
2. All
plans and drawings shall be drawn to scale to the extent feasible
and shall indicate the full dimensions, contours and other topographic
features and information necessary to make a full evaluation of the
project.
3. The
planning commission shall hold a minimum of one public hearing on
the application, notice of which shall be given by one publication
in a newspaper of general circulation in the City of Oroville at least
10 days prior to the hearing, or by posting notice on the property
involved at least 10 days prior to the hearing.
4. The
planning commission may grant a use permit only upon making all of
the following findings, based on substantial evidence:
a. The granting of the permit will not be incompatible with or detrimental
to the general health, safety or public welfare of the surrounding
area or of the city as a whole.
b. The proposed use follows sound principles of land use by having a
suitable location relative to the community as a whole, as well as
to transportation facilities, public services and other land uses
in the vicinity.
c. Public utilities and facilities, including streets and highways,
water and sanitation, are adequate to serve the proposed use or will
be made adequate prior to the establishment of the proposed use.
d. The location, size, design and operating characteristics of the proposed
use will be harmonious and compatible with the surrounding neighborhood
and will not adversely affect abutting properties.
e. The subject site is physically suitable for the type and intensity
of land use being proposed.
f. The size, intensity and location of the proposed use will provide
services that are necessary or desirable for the neighborhood and
community as a whole.
g. The permit complies with all applicable laws and regulations, including
the requirements of the general plan, of this title and of the city
municipal code.
5. Notice
of the planning commission's determination shall be issued within
10 days after the determination has been made. This notice shall be
issued in writing to the permit applicant.
F. Revocation.
1. In
any case where a use permit has not been used for one year, the zoning
administrator shall make a determination regarding whether relevant
circumstances have changed significantly since the approval. Relevant
circumstances shall be those that were considered and relied upon
when the permit was approved, including, but not limited to, the surrounding
levels of traffic and the types and intensity of uses on adjoining
properties. If the zoning administrator determines that relevant circumstances
have changed significantly, the permit shall be reviewed by the planning
commission to determine if a hearing should be scheduled to revoke
it.
2. The
planning commission, upon its own motion, may modify or revoke any
use permit that has been granted pursuant to the provisions of this
section upon finding any of the following, based on substantial evidence:
a. Any of the conditions of the permit have not been satisfied within
one year after it was granted.
b. Any of the terms or conditions of the permit have been violated.
c. A law, including any requirement in this chapter, has been violated
in connection with the permit.
d. The permit was obtained by fraud.
3. The
planning commission shall hold a public hearing on any proposed revocation
after giving written notice to the permittee at least 10 days prior
to the hearing.
G. Appeals. If the applicant, permittee or any other person is dissatisfied with a planning commission action regarding a use permit, he or she may appeal to the city council as provided in Section
17.56.100.
(Ord. 1749 § 4; Ord. 1762 § 8)
A. Uses Requiring an Administrative Permit. Uses shall be required
to obtain an administrative permit as specified in this chapter.
B. Application.
1. Application
for an administrative permit shall be made in a form prescribed by
the zoning administrator and accompanied by a fee established by resolution
of the city council. If the applicant does not own the property for
which a permit is requested, the application shall be accompanied
by a letter authorizing the administrative permit application from
the owner of the property.
2. The
zoning administrator may grant or deny an application for an administrative
permit under the provisions of this section. Notice of the zoning
administrator's determination shall be issued within 10 days after
the determination has been made. The notice shall be issued in writing
to the permit applicant.
C. Revocation. After providing a 10-day notice to the permittee
and holding a hearing, the zoning administrator, upon his or her own
motion, may revoke any administrative permit that has been granted
pursuant to the provisions of this section upon finding any of the
following, based on substantial evidence:
1. Any
of the terms or conditions of the permit have been violated.
2. A
law, including any requirement in this chapter, has been violated
in connection with the permit.
3. The
permit was obtained by fraud.
D. Appeals. If the applicant or any other person is dissatisfied with a zoning administrator action regarding an administrative permit, he or she may appeal as provided in Section
17.56.100.
(Ord. 1749 § 4; Ord. 1762 § 9)
A. Landmark Designation Criteria. Any site or improvement to
a site may be designated as a landmark if it retains its historic
integrity and meets one or more of the following criteria:
1. It
is designated as a California Historical Landmark, or it is listed
on the National Register of Historic Places.
2. It
appears on a city inventory of historic resources.
3. It
exemplifies or reflects elements of the city's history.
4. It
has special aesthetic or artistic qualities that are of historic value.
5. It
is identified with historic persons or with important events in local,
state or national history.
6. It
embodies distinguished architectural characteristics valuable for
study of a period, style, method of construction or cultural characteristic.
7. It
is a valuable example of indigenous materials or craftsmanship.
B. Landmark Designation Process. Landmark designations shall
be granted and revoked by the city council as follows:
1. Any
owner may request the designation of an improvement as a landmark,
or the revocation or modification of a landmark designation, by submitting
an application to the historic advisory commission. The application
shall be in a form established by the zoning administrator and accompanied
by a fee established by resolution of the city council. In addition,
the application shall identify the specific portions of the improvement
that are proposed for designation as a landmark.
2. Public hearings on the application shall be held before the historic advisory commission in an advisory capacity, and the city council for a final decision, in accordance with the procedure for amendments and rezonings, as specified in Section
17.56.100. The hearing before the historic advisory commission shall be held within 90 days of filing the application.
3. When
considering the application, the historic advisory commission and
city council shall consider the landmark designation criteria provided
in this section.
4. All
landmark designations shall identify the specific portions of the
site or improvement that are designated for protection as a landmark.
C. Duty to Maintain.
1. Any
person who owns or controls any landmark or landmark site shall regularly
maintain the site, and its buildings and structures, at a level that
clearly ensures the continued availability of the buildings, structures
and premises for lawful, reasonable uses and prevents deterioration,
dilapidation and decay of the buildings, structures and premises.
This maintenance requirement shall apply to the exterior portions
of buildings and structures; any interior portion that is specifically
identified in the landmark designation as a protected feature; and
any interior portions that must be maintained in order to prevent
the deterioration of the exterior.
2. Nothing
in this chapter shall be construed to prevent the ordinary maintenance
or repair of any exterior improvement or exterior architectural feature
that does not involve a change in design or materials.
D. Modification and Demolition.
1. A landmark shall not be modified without first obtaining a landmark modification permit, as provided in Section
17.48.050.
2. A landmark shall not be demolished without first obtaining a landmark demolition permit, as provided in Section
17.48.060.
(Ord. 1749 § 4; Ord. 1790 § 2)
A. Purpose. The purpose of requiring landmark modification permits
is to ensure that alterations to landmarks and landmark sites do not
adversely affect their historic character.
B. Applicability. A landmark modification permit shall be required
for any restoration, rehabilitation or alteration that would change
the exterior appearance or otherwise affect the historic significance
of any of the following:
1. Any
structure or site that is designated as a California Historical Landmark,
or is listed on the National Register of Historic Places.
2. Landmark
buildings, structures or sites.
3. Buildings,
structures or improvements that are identified in a City of Oroville
historic survey for a downtown historic overlay (DH-O) district, provided
as follows:
a. If the subject improvement has not previously been evaluated to determine whether it is a contributing feature of the DH-O district, the historic advisory commission shall make this determination as provided in Section
17.44.040.
b. A landmark modification permit shall be required only for contributing
features of the DH-O district.
C. Rights Granted. A landmark modification permit authorizes
its holder to apply for any building permits or other permits that
are necessary to modify a specified building, structure or significant
feature. A landmark modification permit shall not be construed to
grant the rights that are provided by a building permit, grading permit
or any other permit.
D. Discretionary Action. Any determination regarding a landmark
modification permit shall be considered a discretionary action and
shall be subject to all applicable provisions of the California Environmental
Quality Act (CEQA).
E. Procedure. The procedure to apply for and issue a landmark modification permit shall be as specified for development review in Chapter
17.52, except as follows:
1. An
application for a landmark modification permit shall be considered
in light of the following criteria:
a. Whether the proposed change, including its design and materials,
is consistent with the historic period of the landmark.
b. Whether the proposed change is compatible with any adjacent or nearby
landmarks.
c. Whether the proposed change destroys or diminishes an important feature
of the landmark.
d. Whether the proposed change conforms to the most recent edition of
the Secretary of the Interior's Standards for the Treatment of Historic
Properties, published by the United States Department of the Interior.
e. Whether the proposed change conforms to any design guidelines for
landmarks or historic structures that have been adopted by the city
council.
2. An
application for development review may be combined with an application
for a landmark modification permit.
F. Violations and Penalties. Any person or entity that alters
any landmark or landmark site for which a landmark modification permit
is required without first obtaining that permit shall be deemed guilty
of an infraction, and upon conviction shall be punished by a fine
not to exceed the amount outlined in the Master Fee Schedule. Each
day on which the violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such under
the provisions of this section.
(Ord. 1749 § 4; Ord. 1790 § 2)
A. Purpose. The purpose of requiring landmark demolition permits
is to help prevent, to the extent that it is reasonable, the demolition
of any city, state or federal landmark.
B. Applicability. A landmark demolition permit shall be obtained
before a demolition permit is issued for any of the following:
1. Any
structure or site that is designated as a California Historical Landmark,
or is listed on the National Register of Historic Places.
2. Landmark
buildings, structures or sites.
3. Buildings,
structures or improvements that are identified in a City of Oroville
historic survey for a downtown historic overlay (DH-O) district, provided
as follows:
a. If the subject improvement has not previously been evaluated to determine whether it is a contributing feature of the DH-O district, the historic advisory commission shall make this determination as provided in Section
17.44.040.
b. A landmark demolition permit shall be required only for contributing
features of the DH-O district.
C. Rights Granted. A landmark demolition permit is a land use
entitlement that authorizes its holder to apply for a demolition permit
for a specified landmark. A landmark demolition permit shall not be
construed to grant the rights that are provided by a demolition permit.
D. Exemption for Dangerous Buildings. The requirements of this
section shall not apply to any building that the building official
or fire marshal determines is dangerous to the health and safety of
the building occupants, neighbors or general public, and consequently
should be demolished immediately. The building official or fire marshal
shall set forth in writing the reasons for his or her determination
that immediate demolition is warranted.
E. Economic Evidence. In order to demonstrate that there is no
feasible economic use of the building or structure to be demolished,
all applications for a landmark demolition permit shall include economic
evidence as follows:
1. For
all properties, the following information shall be provided:
a. The amount paid for the subject property.
b. The date of purchase; the party from whom the subject property was
purchased; and a description of the business or family relationship,
if any, between the owner and the party from whom the subject property
was purchased.
c. The cost of any improvements since purchase by the applicant, and
the date when each cost was incurred.
d. The assessed value of the subject property and its improvements,
according to the most recent assessments.
e. Amount of real estate taxes for the previous 2 years.
f. Amount of annual debt service, if any, for the previous 2 years.
g. All appraisals obtained within the previous 5 years by the owner
or applicant in connection with the purchase, financing or ownership
of the subject property.
h. Any listing of the property for sale or rent, including the price
asked and the offers received, if any.
i. Any consideration by the owner for profitable and adaptive uses for
the property, including renovation studies, plans and bids, if any.
2. For
income-producing properties, the following additional information
shall be provided:
a. Annual gross income from the property for the previous 4 years.
b. Itemized operating and maintenance expenses for the previous 4 years.
c. Annual cash flow for the previous 4 years.
F. Application. Application for a landmark demolition permit
shall be made in a form prescribed by the zoning administrator and
accompanied by a fee established by resolution of the city council.
Only the owner of the site may apply for a landmark demolition permit.
G. Initial Review. Upon the filing of an application for a landmark
demolition permit, the zoning administrator shall verify that the
activity to be performed requires a demolition permit and is subject
to obtaining a landmark demolition permit. After any required environmental
review has been performed, the zoning administrator shall submit the
application to the historic advisory commission.
H. Required Findings.
1. The
historic advisory commission shall not issue a landmark demolition
permit unless it finds that the owner has demonstrated all of the
following, based on substantial evidence:
a. There is no feasible economic use of the building or structure, as
demonstrated by the economic evidence submitted with the permit application.
b. It is not possible or practical to renovate the building or structure
so that it can provide a feasible economic use.
c. The property cannot be sold or leased at a reasonable price to a
buyer or tenant who would retain the building or structure.
d. The building or structure cannot be moved to another site without
compromising the building's historic integrity or adversely affecting
public utilities or trees; or the owner of the building or structure
has made an offer to move the building, in accordance with the requirements
of this section, and the offer has not been accepted.
2. Any historic advisory commission action regarding the issuance of a landmark demolition permit may be appealed, as provided in Section
17.56.100.
3. Any
determination regarding a landmark demolition permit shall be considered
a discretionary action and shall be subject to all applicable provisions
of the California Environmental Quality Act (CEQA).
I. Offer to Move Requirements. Whenever required by this section,
the owner of a building that is proposed for demolition shall offer
any member of the public the opportunity to move a building or structure
from a landmark or landmark site.
1. At
least one notice of the "offer to move" shall be published in a daily
newspaper of local circulation. The notice shall be in a form approved
by the zoning administrator and shall contain a statement that the
building is being made available to any member of the public free
of charge, or for a nominal cost based upon the building's salvage
value, and must be moved at the taker's expense.
a. The offer contained in the notice shall remain outstanding for a
period of 30 days.
b. The offer contained in the notice shall be conditioned upon the acceptor's
agreement to remove the building in its entirety, along with any associated
debris, from the site, no later than 90 days from the date of publication
of the notice; however, nothing shall preclude the owner of the building
and the acceptor from mutually agreeing to a longer period of time.
2. If
an offer to move the building is accepted by any member of the public,
the city shall process the necessary permits to accommodate the moving
of the building.
J. Expiration. A landmark demolition permit shall be valid for
one year after the date when it is issued; provided, however, that
if a demolition permit is obtained before the landmark demolition
permit expires, the landmark demolition permit shall be valid until
the demolition permit expires.
K. Appeals. Any action regarding the issuance or denial of a landmark demolition permit may be appealed as provided in Section
17.56.100.
L. Violations and Penalties. Any person or entity that demolishes
any building or structure for which a landmark demolition permit is
required without first obtaining that permit in accordance with the
provisions of this section shall be guilty of a misdemeanor, punishable
by the fine outlined in the Master Fee Schedule and/or 6 months in
the County Jail. In addition, no building permit shall be issued for
any development on the former landmark's site for a period of 5 years
from the date the violation occurs; provided, however, that if necessary
to protect health and safety, a permit may be issued for development
that does not exceed the square footage or site coverage of the original
structure, and that does not involve a change of use.
(Ord. 1749 § 4; Ord. 1762 §§ 10, 11; Ord. 1790 § 2)
A. Purpose. The purpose of requiring tree removal permits is
to preserve the city's mature trees by placing appropriate restrictions
on their removal, while also allowing the removal of trees when necessary
to protect the health, safety and welfare of the public.
B. Application.
1. Application
for a tree removal permit shall be made in a form prescribed by the
zoning administrator and accompanied by a fee established by resolution
of the city council. Only the owner of the site may apply for a tree
removal permit.
2. The
application for a tree removal permit shall include a map depicting
the location, size and type of all trees within or immediately adjacent
to the subject property. The map shall also depict any permanent buildings
or structures on the subject property.
3. The
review authority for a tree removal permit shall be determined as
follows:
a. For trees on public property, unless the removal is associated with
a proposed development that requires planning commission approval,
the director of parks and trees shall be responsible for issuing tree
removal permits.
b. For trees on private property, unless the removal is associated with
a proposed development that requires planning commission approval,
the zoning administrator shall be responsible for issuing tree removal
permits.
c. For any proposed development that requires planning commission approval,
the planning commission shall review the trees being removed, and
approval of the project shall also be approval to remove all specified
trees.
C. Required Findings.
1. A
tree removal permit shall not be issued unless the review authority
finds, based on substantial evidence, that the owner has demonstrated
that the removal is necessary in order to accomplish any one of the
following objectives:
a. To ensure public safety as it relates to the health of the tree,
potential hazard to life or property, and proximity to existing or
proposed structures, and interference with utilities or sewers.
b. To allow reasonable enjoyment of the property, including sunlight
access and the right to develop the property.
c. To pursue good, professional practices of forestry or landscape design.
2. Any action regarding the issuance of a tree removal permit may be appealed, as provided in Section
17.56.100. Subject trees shall not be removed prior to the completion of the required appeal period.
(Ord. 1749 § 4; Ord. 1762 § 12)
A. Purpose. When the strict and literal enforcement of the provisions
of this title results in unreasonable and unnecessary hardships, or
in results inconsistent with the general purposes of this title, the
planning commission shall have the authority to grant variances that
are in harmony with the purposes of this title. The sole purpose of
any variance shall be to prevent discrimination and undue hardship,
and no variance shall be granted that would provide a special privilege
not shared by other property in the same vicinity.
B. Standards to Be Modified. A variance shall not permit any
land use that is not allowed in the applicable zoning district, as
specified in this chapter.
C. Application.
1. Application
for a variance shall be made to the planning commission in writing
on a form prescribed by the planning commission. The application shall
be subject to a fee established by resolution of the city council.
2. The
planning commission shall hold at least one public hearing on the
application, notice of which shall be given by one publication in
a newspaper of general circulation in the county at least 10 days
prior to the hearing, or by posting notice on the property involved
at least 10 days prior to the hearing.
3. The
planning commission shall grant a variance only upon finding all of
the following, based on substantial evidence:
a. The granting of the variance is not inconsistent with the general
plan or any applicable specific plan.
b. There are exceptional and extraordinary circumstances or conditions
applying to the land, building or use referred to in the application
that do not generally apply to other land, buildings or uses in the
same district.
c. The granting of the variance will not grant a special privilege to
the property.
d. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same
vicinity and zoning district, and that would otherwise be denied to
the property in question.
e. The granting of the variance will not be materially detrimental to
the public welfare.
f. The granting of the variance will not be injurious to, or incompatible
with, any nearby property or improvements.
D. Appeals. If the applicant or any other person is dissatisfied with the action of the planning commission, he or she may appeal as provided in Section
17.56.100.
(Ord. 1749 § 4; Ord. 1762 § 13)
A. General. In any zoning district, lots or parcels that do not
meet this chapter's requirements for minimum lot area or lot dimensions
may be developed or occupied by the uses permitted in that district,
provided that:
1. The
lots or parcels were created in compliance with any applicable laws
in effect at the time of their creation.
B. Conformance with Current Requirements. Any building or structure
that is erected on a nonconforming lot shall conform to all current
requirements for setbacks, heights and floor area ratios (FAR), as
well as any other applicable requirements of this title.
C. Number of Dwelling Units. In any residential zoning district
that has a requirement for minimum lot area per dwelling unit and
allows duplexes or multiple-family dwellings, no more than one dwelling
unit may be erected on a lot or parcel that does not have the required
minimum lot area per dwelling unit.
(Ord. 1749 § 4; Ord. 1869 § 1, 2022)