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This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this title, including the board of supervisors, planning commission, and planning director. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this title as minimum requirements adopted to implement the policies and achieve the objectives of the general plan.

The powers and responsibilities of the board of supervisors include, but are not limited to the following:

A.

Consider and adopt, reject, or modify amendments to the official zoning map and the text of this title, following a public hearing and recommended action by the planning commission, pursuant to Chapter 17.38, Zoning Amendments.

B.

Consider and adopt, reject, or modify amendments to the general plan, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter 17.39, General Plan Amendments.

C.

Consider and adopt, reject, or modify specific plans, following a public hearing and recommended action by the planning commission, pursuant to Chapter 17.40, Specific Plans.

D.

Consider and adopt, reject, or modify development agreements, following a public hearing and recommended action by the planning commission, pursuant to Chapter 17.37, development agreements.

E.

Hear and decide appeals from decisions of the planning commission pursuant to Section 17.27.140, Appeals.

F.

Make environmental determinations on any approvals or actions within the board of supervisors jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.

G.

Establish a fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this title.

The powers and responsibilities of the planning commission include, but are not limited to the following:

A.

Annually review progress towards implementation of the general plan and make recommendations to the board of supervisors based on any new legislation, development trends, or changing economic, social, and environmental conditions.

B.

Approve, modify, or deny conditional use permits and variances, pursuant to Chapter 17.31, conditional use permits, and Chapter 17.35, Variances.

C.

Conduct design review for projects subject to design review by the planning commission pursuant to Chapter 17.29, Design Review.

D.

Make recommendations to board of supervisors on proposed amendments to the official zoning map and the text of this title, pursuant to Chapter 17.38, Zoning Amendments.

E.

Make recommendations to board of supervisors on proposed amendments to the general plan, pursuant to Chapter 17.39, General Plan Amendments.

F.

Make recommendations to board of supervisors on proposed specific plans and amendments to specific plans, pursuant to Chapter 17.40, Specific Plans.

G.

Make recommendations to the board of supervisors on development agreements, pursuant to Chapter 17.37, development agreements.

H.

Hear and decide appeals from decisions of the planning director pursuant to Section 17.27.140, Appeals.

I.

Hear and decide proposals to revoke permits, pursuant to Section 17.27.130, Revocation of Permits.

J.

Make environmental determinations on any approvals within the planning commission's jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.

K.

Such other powers and responsibilities as assigned or directed by the board of supervisors.

The powers and responsibilities of the planning director ("the director"), or their designee, include, but are not limited to the following:

A.

Perform all of the functions designated by state law, including, but not limited to the following:

1.

Annual report related to implementation of the general plan in compliance with Government Code Section 65400;

2.

Review of public works projects for conformity to the general plan in compliance with Government Code Section 65401; and

3.

Review of acquisition of property for conformity to the general plan in compliance with Government Code Section 65402.

B.

Maintain and administer the zoning code, including the processing of applications, abatements, and other enforcement actions.

C.

Interpret the zoning code as needed for members of the public and other county departments, boards, and commissions.

D.

Prepare rules and procedures necessary for conducting the director's business.

E.

Issue administrative regulations for the submission and review of applications subject to the requirements of Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.

F.

Issue a zoning clearance pursuant to Chapter 17.28, Zoning Clearance.

G.

Approve, modify, or deny administrative use permits, pursuant to Chapter 17.30, administrative use permits.

H.

Approve, modify, or deny temporary use permits, pursuant to Chapter 17.32, Temporary Use Permits.

I.

Approve, modify, or deny a request for reasonable accommodation, pursuant to Chapter 17.33, Reasonable Accommodation.

J.

Conduct design review for projects subject to design review by the director pursuant to Chapter 17.29, Design Review.

K.

Approve, modify, or deny requests for extensions for land use projects, pursuant to Section 17.27.110, Effective Dates; Expiration and Extension.

L.

Decide requests for minor revisions to approved permits, pursuant to Section 17.27.120, Revisions to an Approved Permit.

M.

Refer items to the planning commission where, in the director's opinion, the public interest would be better served by a planning commission public hearing and action.

N.

Determine whether a project is subject to review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.

O.

Make recommendations to the planning commission and board of supervisors on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this title.

P.

Investigate and report to the planning commission on permit violations when the county has initiated revocation procedures, pursuant to Section 17.27.130, Revocation of Permits.

Q.

Delegate administrative functions to members of the planning department.

R.

Such other powers and responsibilities as assigned or directed by the Board of Supervisors.

This table summarizes the powers and duties that each review authority (see Section 17.43.180) has under this title. Where a land use project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest review authority established for any of the applications.

This chapter establishes uniform procedures for the preparation, filing, and processing of all land use permits and approvals provided for in this title, unless superseded by a specific requirement of this title or state law.

A.

Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof of the right to use and possess the property as applied for, satisfactory to the planning director, shall accompany the application.

B.

Application Materials.

1.

Application Forms. The director shall prepare, and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.

a.

The application form shall include an indemnity clause whereby the applicant, and owner, if different, agrees to indemnify and hold the county harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

2.

Supporting Materials. The director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3.

Availability of Materials. All submitted material becomes the property of the county, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the planning department offices. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.

C.

Multiple Applications.

1.

Concurrent Filing. An applicant for a project which requires more than one permit (e.g., conditional use permit, variance, and design review, etc.), shall file all related applications concurrently, together with all application fees. The concurrent filing requirements may be waived by the director.

2.

Concurrent Processing. Multiple permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority designated for any of the applications.

D.

Application Fees.

1.

Fee Schedule. The board of supervisors shall approve by resolution a fee schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.

2.

Fee Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid.

3.

Refund of Fees. Application fees are non-refundable unless otherwise provided for in the Calaveras County Municipal Code or by policy of the board of supervisors.

Pre-application review is a review process that is intended to provide information on relevant policies, zoning regulations, and procedures.

A.

Applicability.

1.

Mandatory Pre-Application Review. Pre-application review is required for all new construction or additions of more than two thousand square feet in a commercial or industrial zoning district.

2.

Optional Pre-Application Review. Pre-application review is optional for any other type of project.

B.

Exemption from Permit Streamlining Act. Optional pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.27.040, Review of Applications.

C.

Review Procedure. The planning department shall conduct pre-application review. The director may consult with or request review by any county agency or official with interest in the application.

D.

Recommendations are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by county representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the county.

A.

Initial Completeness Review. The director shall determine whether an application is complete within thirty days of the date the application is filed and required fee received.

1.

Incomplete Application. If an application is deemed incomplete, the director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application, as well as a time limit by which the requested information must be submitted. The time limit established by the director shall be at least thirty days.

a.

zoning code Violations. An application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.

b.

Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the director.

c.

Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.27.140, Appeals, except there shall be a final written determination on the appeal no later than sixty days after receipt of the appeal. The fact that an appeal may be made to both the planning commission and the board of supervisors does not extend the sixty day period.

2.

Complete Application. When an application is deemed complete, the director shall make a record of that date. If an application requires a public hearing, the director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.27.070, Public Notice.

B.

Referral of Application. At the discretion of the director, or where otherwise required by this title, state or federal law, any application filed in compliance with this title may be referred to any county department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.

C.

Extensions. The director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.

A.

Response Required. Any application received and processed under the provisions of this title shall be withdrawn and henceforth be null and void if the applicant has not commenced further processing of the application with the county within the later occurring of the following two time periods:

1.

Ninety days from the last written notification to the applicant from the county requesting further information from or action by the applicant and to which the applicant has not responded; or

2.

Six months from the date of the last planning commission or board of supervisors action regarding the application, which did not constitute a final county determination regarding the entire application.

B.

Refund Of Fees. At the time an application is deemed to be withdrawn by the planning director, if fees submitted with the project application have not fully been used and/or exhausted in processing the application, upon written request by the applicant, any remaining fees shall be returned to the project applicant.

C.

Re-Submittal. After an application is deemed withdrawn, any future consideration by the county shall require the submittal of a new complete application and current filing fees.

All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code of Regulations is amended, such amendments will govern county procedures.

Unless otherwise specified, whenever the provisions of this title require public notice, the county shall provide notice in compliance with state law and, at minimum, as follows.

A.

Mailed Notice. At least ten days before the date of the public hearing or the date of action when no public hearing is required, notice shall be provided by First Class mail delivery to the following:

1.

The applicant, the owner, and any occupant of the subject property;

2.

All property owners of record within a minimum three hundred foot radius of the subject property as shown on the latest available assessment role or a larger radius if deemed necessary by the director to provide adequate public notification;

3.

All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located;

4.

Any person or group who has filed a written request for notice regarding the specific application; and

5.

The school district and any other local agency expected to provide essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be affected.

B.

Newspaper Notice. At least ten days before the date of the public hearing or the date of action when no public hearing is required, notice shall be published in at least one newspaper of general circulation in the county.

C.

Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of a mailed notice, notice may be provided by placing a display advertisement of at least ⅛ of a page in at least one newspaper of general circulation in the county, at least ten days prior to the hearing.

D.

Contents of Notice. The notice shall include the following information:

1.

The location of the real property, if any, that is the subject of the application;

2.

A general description of the proposed project or action;

3.

The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4.

The identity of the hearing body or officer;

5.

The names of the applicant and the owner of the property that is the subject of the application;

6.

The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;

7.

A statement that any interested person or authorized agent may appear and be heard;

8.

A statement describing how to submit written comments; and

9.

For board of supervisors hearings, the planning commission recommendation.

E.

Failure to Receive Notification. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law and any applicable procedures adopted by the board of supervisors or Planning Commission.

When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this title, the review authority shall make written findings of fact as required by this title and any applicable State or federal law.

A.

Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed in accordance with Section 17.27.140, Appeals. Time extensions may be granted pursuant to Section 17.27.110, Effective Dates; Expiration and Extension.

1.

Project Exempt from Environmental Review. Within thirty days of the date the county has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per State CEQA requirements.

2.

Project Not Exempt from Environmental Review. The county shall act on the accompanying discretionary project within the time periods established by State CEQA requirements.

B.

Notice of Action. After the director or planning commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the director shall provide notice of the action to the applicant and to any other person or entity that has filed a written request for such notification with the planning department.

C.

Findings. Findings, when required by State law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action.

A.

Scope. The scope of approvals shall include only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous conditional or nonconforming uses no longer occurring on the same site or location.

B.

Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.

C.

Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.

A.

Effective Dates. A decision to approve a permit issued under this title shall be effective on the date the review authority does so, except as provided below.

1.

Decisions Subject to Appeal. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the fifteen day appeal period following the date of approval unless an appeal is filed.

2.

Amendments to the zoning code or Zoning Map. Amendments to the zoning code or Zoning Map shall become effective on the 31st day following the date the ordinance is actually adopted by the Board of Supervisors, unless challenged by the voters or otherwise provided in the adopting ordinance.

B.

Expiration for Failure to Timely Act on Permit Approval. The review authority, in deciding to approve a permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any decision to approve a permit under this title shall automatically expire if it is not validated or extended within two years after the date of the approval.

C.

Permit Validation. An approved permit shall not be treated as an entitlement until the planning director determines that, prior to the expiration date described above, the following has occurred:

1.

For permits or approvals requiring a building permit, a valid county building permit shall be issued, and construction has been lawfully commenced

2.

For permits or approvals not requiring a building permit, the permitted use has lawfully commenced on the site and a valid county business license, if required, has been issued.

D.

Extensions.

1.

Extension for Permit Granted in Conjunction with Tentative Map. The time limits for any permit granted in conjunction with an approved tentative tract map shall be automatically extended to be the same as the term of such tentative tract map.

2.

Other Extensions. The planning director may approve a two-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within either the time period specified by the review authority, or two years of the date of the approval.

E.

Lapse. Inactivity under a permit may lead to revocation in which case the permit may be revoked in accordance with Section 17.27.130, Revocation of Permits.

All development and use of land for which a permit or other approval has been issued shall be in compliance with the approved drawings and plans and any conditions of approval unless the permit or other approval is revised as provided for in this section.

A.

Minor Revisions. The planning director may approve minor revisions to approved plans and permits that are consistent with the original findings and conditions approved by the review authority, do not substantially expand the approved floor area, and would not intensify any potentially detrimental effects of the project.

B.

Major Revisions. A request for revisions to conditions of approval of a discretionary permit, a revision that would affect a condition of approval, have the effect of modifying a mitigation measure under CEQA, or a revision that would intensify a potential impact of the project shall be processed in the same manner, and shall be decided on by the same review authority, as the approved permit.

Any permit granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit are violated, if any law or ordinance is violated, or if any of the events set forth in subsection C, below, occur.

A.

Initiation of Proceeding. Revocation proceedings may be initiated by the board of supervisors, planning commission, or director.

B.

Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the planning commission shall act on the proposed revocation, pursuant to Chapter 17.27, Common Procedures.

C.

Required Findings. The planning commission may revoke or modify the permit if it makes any of the following findings:

1.

The approval was obtained by means of fraud or misrepresentation of a material fact; or

2.

The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character; or

3.

The use or structure authorized by the permit is removed from the site or remains vacant and unused for its authorized purpose or is abandoned or discontinued for a period greater than twelve consecutive months; or

4.

There is or has been a violation of or failure to observe the terms or conditions of approval, a violation of an approved mitigation monitoring reporting program under CEQA, or a violation of the provisions of this title, or any applicable local or state law or regulation; or

5.

The use has been conducted in a manner detrimental to the public safety, health, or welfare.

D.

Notice of Action. Following planning commission action to revoke or modify a permit, the director shall issue a notice of action within seven days. The notice shall describe the commission's action with its findings. The director shall mail the notice to the permit holder, property owner, and to any person or entity who requested the revocation proceeding. Failure to provide notice under this section does not invalidate the action of the planning commission.

E.

Nothing shall require that revocation and enforcement be mutually exclusive remedies, and nothing shall prohibit the county from pursuing both either sequentially or concurrently.

A.

Applicability. Any action by the director or planning commission in the administration or enforcement of the provisions of this Code may be appealed in accordance with this section.

1.

Appeals of director Actions. Actions of the director may be appealed to the planning commission by filing a written appeal with the planning department.

2.

Appeals of planning commission Actions. Actions of the planning commission may be appealed to the board of supervisors by filing a written appeal with the county clerk.

B.

Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Code, provided that the appellant has participated in the administrative process prior to filing an appeal.

C.

Time Limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within fifteen days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the county planning department office is closed to the public, the appeal period shall end at the close of business on the next consecutive business day.

D.

Procedures.

1.

Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.

2.

Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of county building permits and business licenses.

3.

Transmission of Record. The director, or in the case of appeals to the Board of Supervisors, the county clerk, shall schedule the appeal for consideration by the authorized hearing body within forty-five days of the date the appeal is filed. The director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

E.

Exhaustion of Administrative Remedies. No issue which was not addressed during the hearing upon which the appeal is based shall be considered at the appeal hearing. No relevant facts that were known or could have reasonably been known to the party raising them at the time the decision being challenged was made shall be considered at the appeal hearing. If new relevant factual information is presented on appeal that could not have reasonably been not known at the time the decision being challenged was made, the board of supervisors shall have discretion to remand the project to the planning commission for consideration of the new facts.

F.

Standards of Review. When reviewing any decisions on appeal, the appeal body shall review the factual evidence anew, without being required to defer to prior decisions. The appeal body may adopt the same decision and findings as were originally approved or it may modify the decision and/or findings. It may also request or require changes to the application as a condition of approval.

G.

Public Notice and Hearing. Public notice shall be provided, and the hearing conducted by the applicable appeal body pursuant to Chapter 17.27, Common Procedures. Notice of the hearing shall also be given to the applicant and party filing the appeal. Notice shall also be given pursuant to state law to any other interested person who has filed with the county clerk a currently effective written request for such notice. In the case of an appeal of a planning commission decision, notice of such appeal shall also be given to the planning commission. The planning commission may be represented at the hearing.

H.

Action. An action to grant an appeal shall require a vote of not less than three members of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the director. Requests shall be in writing. The decision of the director on such requests may be appealed under Section 17.27.140, Appeals.

This chapter establishes a procedure to verify that new or modified uses and development comply with all the applicable requirements of this title, as well as the conditions of any previous discretionary approval granted by the county.

A zoning clearance is required for signs, buildings, or structures erected, constructed, altered, repaired, or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this title.

A.

Exceptions. A zoning clearance shall not be required for the following:

1.

Continuation of previously approved or permitted uses and structures; or

2.

Repair, maintenance, and interior alterations that do not enlarge a structure nor change the use or occupancy of the site or building.

3.

Uses and structures that are not subject to any building or zoning regulations.

The planning director shall act as the review authority for zoning clearance applications based on consideration of the requirements of this chapter.

A.

Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 17.27.020, Application Forms and Fees. The director may request that the zoning clearance application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this title and the requirements and conditions of any applicable design review, use permit, or other discretionary land use approval granted by the county.

B.

Determination. If the director determines that the proposed use or building is allowed as a matter of right by this title and conforms to all the applicable development and use standards, the director shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this title. Prior to issuance of any building permit, grading permit, subdivision approval, or lot line adjustment, the director shall review the application to determine whether the proposed use, building, or change in lot configuration complies with all provisions of this title or any applicable design review, use permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied.

This chapter establishes the design review procedure to ensure that new development (see Section 17.43.040) supports the goals and objectives of the general plan and other adopted plans and guidelines. The specific purposes of the design review process are to:

A.

Promote excellence in site planning and design and the harmonious appearance of buildings and sites; and

B.

Ensure that new and altered uses and development will be compatible with the existing and potential development of the surrounding area; and

C.

Supplement other county regulations and standards to ensure control of aspects of design that are not otherwise addressed.

Design review is required for projects within the design review (DR) overlay zone.

A.

Planning Commission. The planning commission shall have design review authority for all projects that would require planning commission approval regardless of the requirement for design review.

B.

Director.

1.

The director shall have design review authority for all projects that do not meet the criteria listed in subsection A for a decision by the Planning Commission.

2.

The director may refer items directly to the planning commission when in the director's opinion the public interest would be better served by having the planning commission conduct Design Review.

A.

Application. Applications for design review shall be filed with the planning department on the prescribed application forms in accordance with the procedures in Section 17.27.020, Application Forms and Fees.

B.

Concurrent Processing. When a development project requires a use permit, variance, or any other discretionary approval, the design review application shall be submitted as a part of the application for the underlying permit, use permit, or variance.

C.

Public Notice. All applications for design review require public notice pursuant to Section 17.27.070, Public Notice.

D.

Public Hearing.

1.

Design Review by the Planning Commission. All projects for which the planning commission is the review authority, shall require a public hearing before the planning commission pursuant to Section 17.27.080, Conduct of Public Hearings.

2.

Design Review by the director. No public hearing is required for design review where the director is the review authority.

A.

Design Review Considerations. Design Review shall be based on consideration of any applicable adopted design standards or guidelines and the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including, but not limited to:

1.

Building proportions, massing, and architectural details; and

2.

Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment; and

3.

Size, location, design, development, and arrangement of on-site parking and other paved areas; and

4.

Exterior materials as they relate to each other, to the overall appearance of the project, and to surrounding development; and

5.

Height, materials, design, fences, walls, and screen plantings; and

6.

Location and type of landscaping including selection and size of plant materials, and design of hardscape; and

7.

Size, location, design, color, lighting, and materials of all signs.

A.

Appeals. Design Review decisions are subject to the appeal provisions of Section 17.27.140, Appeals.

B.

Expiration, Extensions and Revisions. Design review is subject to the effective dates, expiration, and extension provisions of Section 17.27.110, Effective Dates; Expiration and Extension.

C.

Revocation. Design review approval may be revoked pursuant to Section 17.27.130, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

The administrative use permit review and approval process is intended to apply to uses that are consistent with the goals, objectives, and policies of the general plan and purposes of the zone where they are proposed and are generally limited in potential impacts, but still require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.

Approval of an administrative use permit is required for uses or developments specifically identified "A" in Subtitle II, Base Zoning Districts, and/or any other section of this title which requires an administrative use permit.

The planning director shall act as the review authority for administrative use permits based on consideration of the requirements of this chapter. The director may refer any application for an administrative use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the planning commission for decision. In that case, the application shall be processed as a conditional use permit.

A.

Application. Applications for administrative use permits shall be filed with the planning department on the prescribed application forms. In addition to any other application requirements, the application for an administrative use permit shall include data or other evidence in support of the applicable findings required by Section 17.30.050, Required Findings.

B.

Public Notice. All applications for administrative use permits require public notice pursuant to Section 17.27.070, Public Notice.

C.

Public Hearing. A public hearing on an administrative use permit shall occur only where the director refers the administrative use permit application to the planning commission for decision, or where the directors decision on an administrative use permit is appealed pursuant to Section 17.27.140, Appeals.

The review authority must make all the following findings to approve or conditionally approve an administrative use permit application. The inability to make one or more of the findings shall result in denial of an application.

A.

The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title and all other titles of the Calaveras County Municipal Code; and

B.

The proposed use is consistent with the general plan and any applicable specific plan; and

C.

The proposed use will not have the potential to adversely affect the public health, safety, or general welfare of the community, nor be unreasonably detrimental to surrounding properties or improvements; and

D.

The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this title; and

E.

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and

F.

The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.

In approving an administrative use permit, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes.

A.

Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the board of supervisors; and

B.

Achieve the general purposes of this title or the specific purpose of the zone in which the project is located; and

C.

Achieve the findings for an administrative use permit listed in Section 17.30.050, Required Findings; and

D.

Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act (CEQA).

The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Appeals. administrative use permit decisions are subject to the appeal provisions of Section 17.27.140, Appeals.

B.

Expiration, Extensions and Revisions. administrative use permit approval is subject to the effective dates, expiration, and extension provisions of Section 17.27.110, Effective Dates; Expiration and Extension.

C.

Revocation. administrative use permit approval may be revoked pursuant to Section 17.27.130, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

The conditional use permit review and approval process is intended to apply to uses that are consistent with the goals, objectives, and policies of the general plan and purposes of the zone where they are proposed but that pose potential land use compatibility issues that require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.

Approval of a conditional use permit is required for uses or developments specifically identified "C" in Subtitle II, Base Zoning Districts, and/or any other section of this title which requires a conditional use permit.

The planning commission shall act as the review authority for conditional use permits based on consideration of the requirements of this chapter.

A.

Application. Applications for conditional use permits shall be filed with the planning department on the prescribed application forms. In addition to any other application requirements, the application for a conditional use permit shall include data or other evidence in support of the applicable findings required by Section 17.31.050, Required Findings.

B.

Public Notice and Hearing. All applications for conditional use permits require public notice and hearing before the planning commission pursuant to Chapter 17.27, Common Procedures.

The review authority must make all the following findings to approve or conditionally approve a conditional use permit application. The inability to make one or more of the findings shall result in denial of an application.

A.

The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title and all other titles of the Calaveras County Municipal Code; and

B.

The proposed use is consistent with the general plan and any applicable specific plan; and

C.

The proposed use will not have the potential to adversely affect the public health, safety, or general welfare of the community, nor unreasonably detrimental to surrounding properties or improvements; and

D.

The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this title; and

E.

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and

F.

The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.

In approving a conditional use permit, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes.

A.

Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the board of supervisors; and

B.

Achieve the general purposes of this title or the specific purpose of the zone in which the project is located; and

C.

Achieve the findings for a conditional use permit listed in Section 17.31.050, Required Findings; and

D.

Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act (CEQA).

The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Appeals. conditional use permit decisions are subject to the appeal provisions of Section 17.27.140, Appeals.

B.

Expiration, Extensions and Revisions. conditional use permit approval is subject to the effective dates, expiration, and extension provisions of Section 17.27.110, Effective Dates; Expiration and Extension.

C.

Revocation. conditional use permit approval may be revoked pursuant to Section 17.27.130, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

This chapter establishes a process for review and approval of uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

Approval of a temporary use permit is required for uses or activities specifically identified in Section 17.25.220.B, Temporary Uses, and/or any other section of this title which requires a temporary use permit.

The planning director shall act as the review authority for temporary use permits based on consideration of the requirements of this chapter.

An application for a Temporary Use Permit shall be submitted at least thirty days before the use is intended to begin, pursuant to Section 17.27.020, Application Forms and Fees.

The director must make both of the following findings to approve or conditionally approve a temporary use permit application. The inability to make one or more of the findings shall result in denial of an application.

A.

The proposed use will not unreasonably adversely affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the county; and

B.

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

Permits, reviews, and regulations of other departments and agencies may apply to a temporary use or activity. The director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a temporary use permit listed in Section 17.32.040, Required Findings, including, but not limited to, the items below.

A.

Regulation of ingress, egress, and traffic circulation; and

B.

Regulation of fire protection and access for fire vehicles; and

C.

Regulation of noise, lighting and signage; and

D.

Regulation of hours of operation, staffing, duration, or other aspects of the use; and

E.

Removal of all trash, debris, temporary structures, electrical service, and temporary sanitation facilities; and

F.

Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).

The director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

A.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

The planning director shall act as the review authority for reasonable accommodation applications based on consideration of the requirements of this chapter.

A.

Application. An application for a reasonable accommodation shall be filed to the planning department in accordance with Section 17.27.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested reasonable accommodation.

B.

Public Noticing and Public Hearing Not Required. No noticing or public hearing are required for a reasonable accommodation request.

C.

Decision. The director shall issue a written decision within thirty days of the date the county has determined the application to be complete and may grant the reasonable accommodation request, grant with modifications, or deny the request. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

The planning director must make all of the following findings in order to approve or conditionally approve request for reasonable accommodation that will be consistent with the Acts.

A.

That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection; and

B.

If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under state or federal law; and

C.

That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

D.

That denial of the request would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing.

In granting a request for reasonable accommodation, the planning director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

A.

Appeals. Reasonable accommodation decisions are subject to the appeal provisions of Section 17.27.140, Appeals.

B.

Expiration, Extensions, and Revisions. Reasonable accommodation approval is subject to the effective dates, expiration, and extension provisions of Section 17.27.110, Effective Dates; Expiration and Extension.

C.

Revocation. Reasonable accommodation approval may be revoked pursuant to Section 17.27.130, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

The purpose of this chapter is to provide a mechanism for relief from the strict application of this title in unique situations where strict application of dimensional requirements of property development standards would unreasonably require removal of or prohibit modifications of existing development.

A.

The planning director may, on a case-by-case basis, ministerially authorize deviations of up to twenty percent from the dimensional development standards applicable to a parcel's zone if all of the following apply:

1.

The request is to modify existing development on the parcel;

2.

The modification is not being requested to accommodate a change in the parcel's existing use;

3.

The modification to the development on the parcel is required for one of the following reasons:

a.

Absent the deviation from dimensional standards, the existing use will not comply with current laws or regulations intended to ensure access for disabled persons; or

b.

Absent the deviation from dimensional standards, a minor modification that 1) would typically be allowed by right on other parcels in the same zone, and 2) would typically be associated with the existing use of the property, cannot be physically accommodated due to the property's unique characteristics.

4.

The circumstances giving rise to the current legal non-compliance, or the current inability to enjoy a typical modification to an established use on the property, do not result from any action, inaction, or non-compliance by the applicant or property owner.

5.

The director has no evidence that authorizing the deviation will negatively impact existing permitted uses on neighboring properties.

6.

The director has no evidence that authorizing the minor deviation from dimensional standards will negatively impact the physical environment or the public health, safety, or welfare.

B.

The director shall only authorize the minimum amount of deviation to accomplish the purpose of the request.

The planning director shall act as the review authority for Limited Exception applications based on consideration of the requirements of this chapter.

A.

Application. An application for a Limited Exception shall be filed with the planning department in accordance with Section 17.27.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain how Section 17.34.020.A is satisfied. The applicant shall also submit plans delineating the requested limited exception.

B.

Public Notice and Hearing. Limited Exceptions do not require a public hearing or notice.

This Chapter is intended to provide a mechanism for relief from the strict application of this title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

Variances may be granted to vary or modify dimensional and performance standards but may not be granted to allow uses or activities that this title does not authorize for a specific lot or site.

The planning commission shall act as the review authority for variance applications based on consideration of the requirements of this chapter.

A.

Application. Applications for a Variance shall be filed with the planning department on the prescribed application forms in accordance with the procedures in Section 17.27.020, Application Forms and Fees. In addition to any other application requirements, the application for a Variance shall include evidence showing that the requested Variance conforms to the required findings set forth in Section 17.35.050, Required Findings.

B.

Public Notice. An application for a variance shall require a public notice prior to the planning commission decision, pursuant to Section 17.27.070, Public Notice.

C.

Public Hearing. An application for a variance shall require a public hearing before the Planning Commission, pursuant to Section 17.27.080, Conduct of Public Hearings.

After conducting a public hearing, the planning commission must make all the following findings to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination in writing.

A.

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings; and

B.

The strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and

C.

The variance authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

In approving a variance, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes.

A.

Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the board of supervisors; and

B.

Achieve the general purposes of this title or the specific purposes of the zone in which the project is located; and

C.

Achieve the findings for a variance granted under this chapter; and

D.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act (CEQA).

The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Appeals. Variance decisions are subject to the appeal provisions of Section 17.27.140, Appeals.

B.

Expiration, Extensions and Revisions. Variance approval design review is subject to the effective dates, expiration, and extension provisions of Section 17.27.110, Effective Dates; Expiration and Extension.

C.

Revocation. Variance approval may be revoked pursuant to Section 17.27.130, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

This chapter provides procedures for establishing a planned development (PD) overlay zone to facilitate orderly development of larger sites in the county consistent with the general plan, especially where a particular mix of uses or character is desired that can best be achieved through an integrated development plan.

The procedures in this chapter shall apply to all proposals to establish a PD overlay zone and a PD Plan.

A.

Review Authority. A PD overlay zone and a PD Plan must be adopted by the Board of Supervisors. A public hearing before the planning commission is required prior to board of supervisors review; and the planning commission shall make a recommendation to the board of supervisors.

B.

Review Procedures.

1.

Zoning Amendment. An application for a PD Overlay District shall be processed as an amendment to the zoning map, according to the procedures of Chapter 17.38, Zoning Amendments, and shall include a PD Plan.

2.

PD Plan. The PD Plan shall be processed in the same manner as a conditional use permit application, pursuant to Chapter 17.31, conditional use permits, except the board of supervisors shall be the final review authority.

3.

Tentative Subdivision Map. When a PD requires the submission of a tentative subdivision map, the map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

A PD plan and/or PD overlay zoning amendment shall only be approved if all the following findings are made:

A.

The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply; and

B.

The subject site is physically suitable for the type and intensity of the land use being proposed; and

C.

Adequate transportation facilities and public services exist or will be provided in accord with the conditions of approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare; and

D.

The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; and

E.

The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base zoning district, and will achieve superior community design, environmental preservation and/or substantial public benefit.

In approving a PD overlay zone and PD plan, the review authority may impose reasonable conditions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies that the county has adopted; and

B.

Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located; and

C.

Achieve the findings listed in Section 17.36.040, Required Findings; and

D.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act (CEQA).

A.

Expiration.

1.

PD Plan. A PD plan shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD plan may specify a development staging program exceeding two years.

2.

Tentative Map. Where a tentative map has been approved in conjunction with a PD plan, the PD plan shall expire upon the expiration of the tentative map.

3.

Phased Development. If the review authority approves phased development, the PD plan shall remain in effect so long as not more than one-year lapses between the end of one phase and the beginning of another phase.

B.

Extension. Where it is found that the circumstances under which the PD plan and if applicable, development phasing, were granted have not substantially changed, the planning director may approve a single two-year extension of a PD plan or in the case of phased development, a two-year extension of each phase.

A.

Amended Plans. Amendments to a PD overlay zone or PD Plan may be requested by the applicant or its successors. Amendments to the approved Plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the planning director shall determine if the proposed amendment constitutes a major or minor amendment.

B.

Major Amendments. Major amendments to an approved PD overlay zone or PD Plan shall be considered by the board of supervisors at a duly noticed public hearing upon recommendation from the planning commission. An amendment will be deemed major if it involves one or more of the following changes.

1.

A change in the boundary of the PD overlay zone; or

2.

An increase or decrease in the number of dwelling units for the PD overlay zone that is greater than the maximum or less than the minimum stated in the PD plan; or

3.

An increase or decrease in the floor area for any non-residential land use that results in the floor area being less than the minimum or exceeding the maximum stated in the PD plan; or

4.

Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure; or

5.

Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD overlay zone or to the overall street system; or

6.

Any other proposed change to the PD plan or the conditions of approval that substantively alters one or more of its components as determined by the planning director.

C.

Minor Amendments. Amendments not meeting one or more of the criteria listed in 17.36.070.B above shall be considered minor if they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the planning director.

This chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as authorized in Government Code Sections 65864-65869.5, that will assure the county that a proposed project will proceed to its completion in compliance with the plans submitted by the applicant and to guarantee the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval.

Development agreements are intended to accomplish two primary purposes: (1) provide more certainty to a landowner or developer through the grant of vested property rights for an agreed-upon term of years; and in return (2) provide more certainty to the county that public amenities and improvements will be provided according to an agreed-upon schedule and a level of quality sufficient to justify the grant of vested rights. Public benefits arising from a development agreement may include, but are not limited to, provision of public facilities such as streets, parks, open space, transportation, schools, utilities, and enhanced law enforcement and fire protection. The establishment of vested rights through a development agreement can ensure reasonable certainty, stability, and fairness in the land use approval process, provide for more efficient uses of resources, and foster cooperation between the public and private sectors in the area of land use planning.

The county incorporates by reference the provisions of Government Code Sections 65864-65869.5. In the event of any conflict between those statutory provisions and this chapter, the statutes shall control.

A.

This procedure is available where a qualified applicant wishes to enter into such an agreement for development of a property with which the applicant has a legal or equitable interest.

B.

Nothing in this chapter shall be interpreted to require that the board of supervisors enter into a development agreement, or that any person be required to enter into a development agreement as a condition of obtaining a permit, approval or other land use grant or entitlement from the county.

Applications for development agreements shall be filed with the planning department in accordance with the provisions set forth in Section 17.27.020, Application Forms and Fees. In addition to any other application requirements, the application for a development agreement shall include data or other evidence in support of the applicable findings required by Section 17.37.060, Required Findings.

A.

Required Contents. A development agreement shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability.

B.

Additional Contents. Development agreements may also include the following:

1.

Improvements and Fees. A development agreement may include requirements for construction and maintenance of onsite and offsite improvements or payment of fees in lieu of such dedications or improvements.

2.

Conditions. A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant's responsibility to obtain all required land use approvals.

3.

Phasing. A development agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.

4.

Financing. If the development agreement requires applicant funding of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

5.

Indemnity. A development agreement may contain an indemnity clause requiring the applicant to indemnify and hold the county harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

6.

Performance Obligation Fees. A development agreement may include provisions to guarantee performance of obligations stated in the agreement.

7.

Other Items. Other components and provisions as negotiated by county.

A.

Planning Commission.

1.

Notice. Public notice of hearings by the planning commission for a development agreement shall be given as specified in Section 17.27.070, Public Notice.

2.

Hearing. The planning commission shall conduct a public hearing for making recommendations to the board of supervisors in conformance with the provisions of Section 17.27.080, Conduct of Public Hearings.

3.

Recommendation to Board of Supervisors. Following the public hearing, the planning commission shall make a written recommendation on the proposed development agreement. The director shall transmit the Planning Commission's written recommendation and complete record of the application to the Board of Supervisors.

a.

Approval. If the planning commission has recommended approval of the development agreement, the board of supervisors is required to take final action pursuant to Section 17.37.050.B, Board of Supervisors.

b.

Denial. If the planning commission has recommended against the development agreement, the board of supervisors is not required to take any action unless an appeal is filed in accordance with Section 17.27.140, Appeals.

B.

Board of Supervisors.

1.

Notice. Public notice of hearings by the board of supervisors for a development agreement shall be given as specified in Section 17.27.070, Public Notice.

2.

Hearing. If the planning commission recommends approval or an appeal has been filed, after receiving the report from the planning commission but no later than the time specified by Section 65943 of the Government Code, the board of supervisors shall hold a public hearing in conformance with the provisions of Section 17.27.080, Conduct of Public Hearings.

3.

Decision. After the board of supervisors completes the public hearing, the board of supervisors shall approve, modify, or deny the development agreement. Approval of a development agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement. Matters not previously considered by the planning commission during its hearing may, but need not, be referred to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred to it by the board of supervisors.

The board of supervisors must make the following findings to approve a development agreement:

A.

The development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plans; and

B.

The development agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the county as a whole; and

C.

The development agreement will not adversely affect the orderly development of property or the preservation of property values; and

D.

The development agreement will facilitate the implementation of any applicable specific plan; and

E.

The development agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5 and CEQA.

Within ten days of board of supervisors approval of the development agreement, the director shall execute the development agreement on behalf of the county, and the county Clerk shall record the development agreement with the county Recorder.

The applicant shall be required to demonstrate compliance with the provisions of the development agreement at least once every twelve months at which time the director shall review each approved development agreement.

A.

Finding of Compliance. If the director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the development agreement, the director shall issue a finding of compliance, which shall be in recordable form and may be recorded with the county Recorder after conclusion of the review.

B.

Finding of Noncompliance. If the director finds the applicant has not complied with the provisions of the development agreement, the director may issue a finding of noncompliance which may be recorded by the county with the county recorder after it becomes final. The director shall specify in writing to the applicant the respects in which applicant has failed to comply, and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement shall be subject to termination or revision pursuant to this chapter.

C.

Appeal of Determination. Within seven days after issuance of a finding by the director of compliance or noncompliance, any interested person may file a written appeal of the finding with the board of supervisors. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the board of supervisors. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the director and the expiration of the appeal period without appeal, or the confirmation by the board of supervisors of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

A.

After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the director may refer the development agreement to the board of supervisors for termination or revision. The board of supervisors shall conduct a public hearing. After the public hearing, the board of supervisors may terminate or modify the development agreement, revise the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

B.

Mutual Agreement. Any development agreement may be terminated or amended by mutual consent of the parties following the same procedures for entering into a development agreement in the first instance. A development agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and director.

C.

Recordation. If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the county terminates or revises the development agreement for failure of the applicant to fully comply with the provisions of the development agreement, the county Clerk shall record notice of such action with the county recorder.

D.

Rights of the Parties After Cancellation or Termination. In the event that a development agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the development agreement shall terminated. If a development agreement is terminated following a finding of noncompliance, the county may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the county.

A.

Existing Rules and Regulations. Unless otherwise specified in the development agreement, the county's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those county rules, regulations and official policies in force on the effective date of the development agreement.

B.

Future Rules and Regulations.

1.

Unless modified, amended, canceled, or terminated pursuant to this chapter, a development agreement shall be enforceable by any party thereto notwithstanding any change in the general plan or any applicable specific plan, zoning, subdivision, or building regulation or other ordinance or resolution adopted by the county.

2.

A development agreement shall not prevent the county, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the development agreement.

3.

A development agreement shall not prevent the county from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies.

C.

State and Federal Rules and Regulations. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be revised or suspended as may be necessary to comply with such state or federal laws or regulations.

The procedures for enforcement, amendment, revision, cancellation, or termination of a development agreement specified in this chapter and in Government Code Section 65865.4 or any successor statute, are nonexclusive. A development agreement may be enforced, amended, revised, cancelled, or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

This chapter establishes procedures by which changes may be made to the text of this zoning code and to the zoning map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the general plan.

The procedures in this chapter shall apply to all proposals to change the text of this zoning code or to revise a zone or boundary line shown on the zoning map.

The planning commission shall act as the advisory body for all amendments to the zoning code and zoning map and provide recommendations to the board of supervisors. The board of supervisors shall act as the review authority, and after receiving recommendations from the Planning commission, may adopt, reject, or modify all amendments to the zoning code and zoning map.

An amendment to the zoning code or zoning map may be initiated by any qualified applicant identified in Section 17.27.020, Application Forms and Fees, by the planning director, or the board of supervisors or planning commission.

A.

Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 17.27, Common Procedures. The planning department may require an applicant to submit such additional information and supporting data as considered necessary to process the application. Amendments to the zoning code and zoning map may be processed concurrently with other applications.

B.

Public Hearing and Notice. All amendments to the zoning code and zoning map shall be referred to the planning commission, which shall conduct at least one public hearing in accordance with Section 17.38.060.A, on any proposed amendment.

A.

Planning Commission Hearing. Before submitting a recommendation report to the board of supervisors, the planning commission shall conduct at least one public hearing in accordance with Section 17.27.080, Conduct of Public Hearings.

B.

Recommendation to Board of Supervisors. Following the public hearing, the planning commission shall make a written recommendation on the proposed amendment. A recommendation for approval shall be made by the affirmative vote of not less than three members of the planning commission. The planning commission's recommendation shall be transmitted to the board of supervisors.

1.

Approval. If the planning commission has recommended approval of the proposed amendment, the board of supervisors is required to take final action pursuant to Section 17.38.070, Board of Supervisors Hearing and Action.

2.

Denial. If the planning commission has recommended against the proposed amendment, the board of supervisors is not required to take any action unless an appeal is filed in accordance with Section 17.27.140, Appeals.

A.

Board of Supervisors Hearing. After receiving the recommendation of approval from the planning commission or if an appeal has been filed on a recommendation of denial, the board of supervisors shall hold a hearing in accordance with Section 17.27.080, Conduct of Public Hearings. The notice for the hearing shall include a summary of the planning commission recommendation.

B.

Board of Supervisors Action. After the conclusion of the hearing, the board of supervisors may approve, modify, or deny the proposed amendment. If the board proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed revision shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty-five days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to board for adoption.

The planning commission shall not recommend, and the board of supervisors shall not approve a zoning amendment unless the proposed amendment is found to be consistent with the general plan.

This chapter establishes procedures by which changes may be made to the general plan to address changes in applicable law and problems and opportunities that were unanticipated at the time of general plan adoption or the last amendment.

The procedures in this chapter shall apply to all proposals to change the text of the general plan and the maps that illustrate the application of its provisions.

The planning commission shall act as the advisory body for all amendments to the general plan and provide recommendations to the board of supervisors. The board of supervisors shall act as the review authority, and after receiving recommendations from the planning commission, may adopt, reject, or modify all amendments to the general plan.

An amendment to the general plan may be initiated by any qualified applicant identified in Section 17.27.020, Application Forms and Fees, by the planning director, the board of supervisors or planning commission.

Except as otherwise provided by applicable law, no mandatory element of the general plan can be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time, as determined by the board of supervisors. Each amendment may include more than one change to the general plan.

A.

Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 17.27, Common Procedures. The planning department may require an applicant to submit such additional information and supporting data as considered necessary to process the application. Amendments to the general plan may be processed concurrently with other applications.

B.

Referral and Consultation. The county shall refer the proposed action and conduct consultations with California Native American tribes pursuant to Government Code Sections 65352-65352.5.

C.

Public Hearing and Notice. All amendments to the general plan shall be referred to the Planning Commission, which shall conduct at least one public hearing, on any proposed amendment.

A.

planning commission Hearing. Before submitting a recommendation report to the Board of Supervisors, the planning commission shall conduct at least one public hearing in accordance with Section 17.27.080, Conduct of Public Hearings.

B.

Recommendation to Board of Supervisors. Following the public hearing, the planning commission shall make a written recommendation on the proposed amendment. A recommendation for approval shall be made by the affirmative vote of not less than three members of the planning commission. The planning commission's recommendation shall be transmitted to the board of supervisors.

1.

Approval. If the planning commission has recommended approval of the proposed amendment, the board of supervisors is required to take final action pursuant to Section 17.39.080, board of supervisors Hearing and Action.

2.

Denial. If the planning commission has recommended against the proposed amendment, the board of supervisors is not required to take any action unless an appeal is filed in accordance with Section 17.27.140, Appeals.

A.

Board of Supervisors Hearing. After receiving the recommendation of approval from the planning commission or if an appeal has been filed on a recommendation of denial, the board of supervisors shall hold a hearing in accordance with Section 17.27.080, Conduct of Public Hearings. The notice for the hearing shall include a summary of the planning commission recommendation.

B.

Board of Supervisors Action. After the conclusion of the hearing, the board of supervisors may approve, modify, or deny the proposed amendment. If the Board proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed revision shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty-five days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to board for adoption.

The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq., or as that Section may be amended or replaced from time to time. The purpose of a specific plan is to systematically implement the general plan in particularly designated areas.

The procedures of this chapter shall apply to all proposals for the adoption or amendment of a specific plan.

The planning commission shall act as the advisory body for all specific plans and provide recommendations to the Board of Supervisors. The board of supervisors shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all Specific Plans.

A specific plan may be initiated by any qualified applicant identified in Section 17.27.020, Application Forms and Fees, the planning director, or by the board of supervisors or Planning Commission.

A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 17.27, Common Procedures. The planning department may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

A specific plan shall include, but is not limited to, text and diagrams that specify all of the following in detail:

A.

The distribution, location and extent of individual land uses, including open space, within the area covered by the plan;

B.

The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;

C.

Land use and development standards that, at a minimum, address land use, density, height, setbacks, landscaping, and parking;

D.

Standards that address the conservation, development and utilization of natural resources, where applicable;

E.

A program of implementation measures, including regulations, programs, public works projects, financing measures and a statement of consistency with any existing master/capital improvement plan necessary to carry out subsections A, B and C listed above;

F.

A statement of relationship of the specific plan to the general plan, including a statement of how the specific plan implements the goals and policies of the general plan; and

G.

Any other subject that, in the judgment of the planning director, planning commission or board of supervisors, are necessary or desirable for implementation of the general plan.

A.

Public Hearing and Notice. All specific plans shall be referred to the planning commission, which shall conduct at least one public hearing on any proposed specific plan. At least ten days before the date of any public hearing, the county shall provide notice as provided for in Section 17.27.070, Public Notice. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed specific plan.

B.

Planning Commission Hearing and Recommendation.

1.

Planning Commission Hearing. Before submitting a recommendation report to the board of supervisors, the planning commission shall conduct at least one public hearing in accordance with Section 17.27.080, Conduct of Public Hearings.

2.

Recommendation to Board of Supervisors. Following the public hearing, the planning commission shall make a written recommendation on the proposed specific plan. A recommendation for approval shall be made by the affirmative vote of not less than three members of the planning commission. The planning commission's recommendation shall be transmitted to the board of supervisors.

a.

Approval. If the planning commission has recommended approval of the proposed specific plan, the board of supervisors is required to take final action pursuant to Section 17.40.070.C, Board Of Supervisors Hearing and Action.

b.

Denial. If the planning commission has recommended against the proposed specific plan, the board of supervisors is not required to take any action unless an appeal is filed in accordance with Section 17.27.140, Appeals.

C.

Board of Supervisors Hearing and Action.

1.

Board of Supervisors Hearing. After receiving recommendation of approval from the planning commission or if an appeal has been filed on a recommendation of denial, the board of supervisors shall hold a noticed public hearing in accordance with Section 17.27.070, Public Notice, and Section 17.27.080, Conduct of Public Hearings. The notice for the hearing shall include the planning commission's recommendation.

2.

Board of Supervisors Action. After the conclusion of the hearing, the board of supervisors may approve, modify, or deny the proposed specific plan. If the Board proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed revision shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty-five days after the referral shall be deemed a recommendation for approval and the specific plan shall be returned to board for adoption.

D.

In connection with adoption of a specific plan, the zoning map shall be amended by an ordinance adopted by the board of supervisors to apply the SP overlay zone to the area covered by such specific plan.

The planning commission shall not recommend and the board of supervisors shall not adopt a specific plan or amendment thereto, unless the following findings are made:

A.

The specific plan implements and is consistent with the general plan.

B.

The proposed development will be superior to development otherwise allowed under conventional zoning.

C.

The proposed development will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the county.

D.

The specific plan complies with the California Environmental Quality Act (CEQA).

The specific plan shall be adopted by ordinance, or by resolution of the Board, in compliance with State law (Government Code Section 65453) and shall become effective on the 31st day following the date the public decision is rendered by the Board.

A specific plan may be amended in the same manner as it was adopted, except minor amendments as provided for below.

A.

Minor Amendments. Minor amendments that are consistent with the original findings and do not substantively alter one or more of the approved specific plan components may be approved by the planning director. The director has discretion to require any request for an amendment to a specific plan be processed through the same procedure identified by this chapter for the adoption of a specific plan.

The purpose of these provisions is to assure that all provisions of this title are properly administered and complied with.

The director, the chief building official, the Sheriff, or their designated agent(s), may enforce the provisions of this title.

Every department and every employee of the county authorized to issue permits or licenses affecting the use or occupancy of land or of a building or structure shall comply with the provisions of this title and shall not issue any permits, certificates, or licenses that do not conform to it. Where an application for a permit, certificate, or license must be referred to the director for review of its compliance with this title, no permit, certificate, or license involved shall be issued unless and until such compliance has been ascertained and the time within which any further appeal could have been taken has expired. The issuing of a permit which is in conflict with the applicable zoning code shall not constitute a waiver of the provisions of that applicable zoning code.

A.

Permit Application. Whenever an application is made for a discretionary approval under this title is made, the officials responsible for enforcement or administration of the zoning regulations or their duly authorized representatives may enter on any building site, or building or structure thereon, for the purpose of investigation, provided they do so in a lawful manner. Advance notice shall not be required before an inspection is made. The property shall not be entered without the consent of the owner or occupant thereof, nor shall the owner or occupant, after reasonable notice and opportunity to comply, refuse to permit such entry. If the owner and/or occupant nonetheless refuses to grant the officials permission to enter the premises, such refusal shall constitute a valid reason for denial of the permit applied for.

B.

Suspected Violations. Whenever the county shall have cause to suspect a violation of any provision of the zoning regulations or permit conditions under any of the procedures described in this title, the officials responsible for enforcement or administration of the zoning regulations or their duly authorized representatives may enter on any building site, or building or structure thereon, for the purpose of investigation, provided they do so in a lawful manner. Advance notice shall not be required before an inspection is made. The property shall not be entered without the consent of the owner or occupant thereof, nor shall the owner or occupant, after reasonable notice and opportunity to comply, refuse to permit such entry. If the owner and/or occupant nonetheless refuses to grant the officials permission to enter the premises, a search warrant or inspection warrant may be obtained to allow for lawful entry.

C.

Nuisance Declared. Any building or structure erected, constructed, moved, altered or maintained and/or any use of property contrary to the provisions of the zoning code shall be and the same is hereby declared to be unlawful and a public nuisance; and any failure, refusal, or neglect to obtain a permit as required by the terms of the zoning code shall be prima facie evidence of the fact that a public nuisance has been committed.

All violations of this title committed by any person, whether as agent, employee, officer, principal or otherwise, shall be an infraction subject to the administrative enforcement and civil penalties described herein.

A.

Every person or entity who fails to stop work when so ordered by the director or their delegee because of an apparent violation of this title shall be guilty of an infraction subject to the administrative enforcement and civil penalties described herein.

B.

Whenever any county enforcement official determines that a violation of this title exists within the unincorporated county, he or she is authorized to utilize the enforcement, abatement, cost recovery, and administrative hearing provisions described in Chapter 8.06 of the county code, including, as necessary, the summary abatement provisions of that chapter. The county shall also have the right to utilize any injunction, enforcement, cost recovery, abatement or other administrative, criminal or civil remedy available to the county under applicable laws, including but not limited to all available civil, criminal and administrative remedies. These remedies are deemed to be cumulative and in addition to all other remedies under this title and state and federal law.

C.

In any enforcement action brought to enforce the provisions of this chapter, each parcel owner, permittee, and/or occupant who causes, permits, authorizes, or maintains activities in violation of this chapter shall be jointly and severally liable for all resulting administrative fines and for any and all actual costs of enforcement incurred by the county, including all allowable attorneys' fees, in the event the county brings and prevails in any administrative proceeding, civil suit, or any other action to enforce the provisions of this chapter.

A.

No discretionary permit shall be accepted for processing or issued under this title on a parcel of land where the director is aware of an unresolved noticed violation of the county code or state or federal law related to land use, building, construction, or property development, unless the director, in consultation with the county department that sent notice of the violation, first makes all of the following findings:

1.

Approving the permit despite the unresolved violations will not increase or worsen the existing violation(s) or negatively impact the health, safety, or welfare impacts on the property or the surrounding properties.

2.

The property owner has provided written acknowledgment of the existence of all outstanding violations affecting the property for which a permit is being sought.

3.

The application, if approved, will provide for full abatement of all violations affecting the property for which the permit approval is being sought.

4.

All outstanding administrative fees and costs, civil penalties, and enforcement costs incurred by the enforcing department have been paid; or, alternatively, the enforcing department, at their sole discretion, has approved a payment plan that is within the scope of their authority to approve.

B.

A refusal to process or issue a permit pursuant to this section may be timely appealed to the planning commission pursuant to 17.27.140(A)(1), Appeals.