Note. Where multiple applications for the same type of permit are requested on two or more adjoining parcels, or where the same use is proposed on multiple parcels which are not in close proximity (e.g. setback variance applications on three adjacent parcels where the circumstances are identical or cellular antennae installations at several different locations throughout the county), the planning director is provided by this section with the authority to determine an appropriate combination of application filing fees rather than a separate filing fee for each application.

Notification of Applicant. The applicant shall be informed in writing that either:

Appeal of Determination. Where the planning department has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the department is not required by this chapter, other provisions of this code or the policies of the general plan or any applicable community plan, the applicant may appeal the determination to the planning commission as set forth in Section 17.60.110.

Expiration of Application. If a pending application is not completed by the applicant (i.e., not accepted as complete by the county) within one year after the first filing with the department, the application shall expire and be deemed withdrawn. A new application may then be filed as set forth by this chapter.

Creeks, swales, and other drainages are no longer in the same location (within 100 feet);

At least 30% of ponded water and/or other wetlands are no longer present on the property; or

The entire tree canopy of riparian vegetation has been diminished by more than 20%.

Zoning Administrator Items. Staff reports for matters reviewed by the zoning administrator shall be available for public review in the planning department no less than forty-eight hours before the meeting at which the report will be considered.

Planning Commission Items. Staff reports for matters reviewed by the planning commission shall be furnished to applicant and shall be available to the public no later than one week prior to the scheduled public hearing on the application.

The zoning administrator shall consider information presented about the project proposed in the administrative review permit application, in the staff report, in any accompanying environmental documents and comments received on such documents, in any correspondence received, from any field review, and from any other information made part of the record.

Within the time limits specified by Section 17.58.160(A) (Time Limits for Action by County), the zoning administrator shall, approve any proposed negative declaration, or other appropriate environmental document required by Chapter 18 of this code, and shall approve, approve subject to conditions, or disapprove the administrative review permit.

Approval or conditional approval shall be granted only where the zoning administrator can make the findings required by Section 17.58.140(A) (Permit Issuance—Findings Required for Approval), and the permit shall be denied where the findings cannot be made. The zoning administrator may approve an administrative review permit subject to conditions, as set forth in Section 17.58.140(B).

The decision of the zoning administrator shall be in writing, including all findings that were made as the basis for the decision.

The zoning administrator shall consider information presented about the project proposed in the minor use permit application in the staff report, in any accompanying environmental documents and comments received on such documents, in public testimony at the hearing, in any correspondence received at or before the hearing, and in any other information made a part of the record.

After the public hearing, and within the time limits specified by Section 17.58.160(A) (Time Limits for Action by County), the zoning administrator shall approve or not approve any proposed negative declaration or other appropriate environmental document required by Chapter 18 of this code, and shall approve, approve subject to conditions, or disapprove the minor use permit.

Approval or conditional approval shall be granted only where the zoning administrator can make the findings required by 17.58.140(A) (Permit Issuance—Findings Required for Approval), and the permit shall be denied where the findings cannot be made. The zoning administrator may approve a minor use permit subject to conditions, as set forth in Section 17.58.140(B).

The decision of the zoning administrator shall be in writing, including all findings that were made as the basis for the decision.

The planning commission shall consider information presented about the project proposed in the conditional use permit application in the staff report, in any accompanying environmental documents and comments received on such documents, in public testimony at the hearing, in any correspondence received at or before the hearing, and in any other information made a part of the record.

After the public hearing, and within the time limits specified by Section 17.58.160(A) (Time Limits for Action by County), the planning commission shall, as applicable, approve any proposed negative declaration pursuant to Section 18.16.040 of this code, certify or not certify a final environmental impact report pursuant to Sections 18.20.060 and 18.20.070, and shall approve, approve subject to conditions, or disapprove the conditional use permit.

Approval or conditional approval shall be granted only where the planning commission can make the findings required by Section 17.58.140(A) (Permit Issuance). The permit shall be denied where the findings cannot be made. The planning commission may approve a conditional use permit subject to conditions, as set forth in Section 17.58.140(B).

The decision of the planning commission shall be in writing, including all findings that were made as the basis for the decision.

The proposed use is consistent with all applicable provisions of this chapter and any applicable provisions of other chapters of this code.

The proposed use is consistent with applicable policies and requirements of the Placer County general plan, and any applicable community plan or specific plan, and that any specific findings required by any of these plans are made.

The establishment, maintenance or operation of the proposed use or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of people residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the county; except that a proposed use may be approved contrary to this finding where the granting authority determines that extenuating circumstances justify approval and enable the making of specific overriding findings.

The proposed project or use will be consistent with the character of the immediate neighborhood and will not be contrary to its orderly development.

The proposed project will not generate a volume of traffic beyond the design capacity of all roads providing access to the project, either those existing or those to be improved with the project unless a specific design deficiency is acknowledged and approved in conjunction with the adoption of a general plan or community plan applicable to the area in question.

In a TPZ zone district (Article 17.16), the establishment, maintenance and operation of the proposed use or building will not significantly detract from the use of the property for, or inhibit the growing and harvesting of timber.

Any findings required by Articles 17.06 through 17.52 (Zone districts and allowable uses of land) for the approval of proposed uses in specific zone districts or combining districts are made.

Any findings required by Article 17.56 (Specific Use Requirements) for the approval of specific uses are made.

As required by Section 18.16.040 of this code (Environmental Review) when a proposed negative declaration has been prepared for the project that, on the basis of the initial study and any comments received, there is no substantial evidence that the project will have a significant effect on the environment; or

As required by Section 18.20.070 of this code (Environmental Review) when a final environmental impact report has been prepared for the project, that the project as approved will not have a significant effect on the environment, or that the granting authority has:

As required by Section 18.08.020 of this code (Environmental review) when the proposed project meets the criteria discussed in the applicable section, that the project is:

The proposed use is consistent with, replaces or appropriately modifies any prior established relevant conditions of a previous entitlement, if applicable.

Specify the period of validity of the permit and/or the allowed duration of the proposed use. The permit may be issued and/or the use allowed for a revocable, permanent, temporary or otherwise limited term, as deemed appropriate by the granting authority. If no period of validity is specified, the permit shall be subject to the time limits specified by Section 17.58.160 (Permit time limits and extensions).

Ensure that the proposed project will be consistent with all applicable requirements of this chapter, the Placer County general plan, and any applicable community plan or specific plan.

Enable all the findings required by subsection A of this section to be made by the granting authority.

Mitigate environmental impacts identified in environmental documents prepared pursuant to Chapter 18 of this code (Environmental Review), or adopt overriding findings pursuant to Section 15091 et seq., of the CEQA Guidelines.

Require the dedication of rights-of-way determined by the granting authority to be necessary as a result of the proposed use.

Require the installation, or participation in the cost of installation, of specified on-site or off-site improvements determined by the granting authority to be necessary as a result of the proposed use.

Supersede, replace, or modify conditions of approval applicable to the site as a result of a previous permit approval, where determined by the granting authority to be appropriate.

Limit the size of the project or intensity of the use to a level approved by the granting authority.

If the Placer County Conservation Plan (PCCP) applies to the proposed use, the development review committee (DRC) shall require the application of avoidance and minimization measures, payment of fees, purchase of in lieu fee credits, purchase of mitigation or conservation bank credits, dedication of land in lieu of fees, or other measures as required to comply with the PCCP for covered activities that impact covered species or aquatic resources within the PCCP plan area boundary.

The granting authority may also adopt any other conditions of approval as the authority determines are necessary to protect the public health, safety, and general welfare.

If a negative declaration is adopted or if the project is exempt from regulation under the California Environmental Quality Act (CEQA) pursuant to Chapter 18 of this code, the project shall be approved or disapproved within three months from the date of adoption of a negative declaration, or, for those projects which are exempt from regulation under CEQA, within three months from the date that the application is determined to be complete pursuant to Section 17.58.050 (Initial review of applications), unless the project proponent requests an extension of the time limit (see subsection (A)(3)).

If an environmental impact report is prepared for the project pursuant to the provisions of Chapter 18 of this code, the project shall be approved or disapproved within six months from the date of certification by the hearing body of the environmental impact report, unless the project proponent requests an extension of the time limit (see subsection (A)(3)).

If a project proponent requests, in writing, an extension of the time limits specified in subsections (A)(1) and (A)(2), the agency director may grant or deny such a request for good cause. A request for a decision by the agency director to grant an extension of the time limits specified above shall be made prior to the expiration of such time limits. The agency director may grant an extension for such a reasonable additional time period as is deemed appropriate.

If the county fails to approve or disapprove a development project within the time limits specified by this section, the failure to act shall be deemed approval of the permit application for the development project. However, the permit shall be deemed approved only if the public notice required by law has occurred. (See California Government Code Section 65956(b).)

Except that where the land use permit application is accompanied by an application for a general plan amendment, rezoning or zoning text amendment that is needed to allow the processing of the land use permit, the above time limits shall commence as of the effective date of the general plan amendment, rezoning or zoning text amendment, whichever is chronologically later in time.

Time Limit for Permit Implementation. An approved permit is valid for 36 months from its effective date (Section 17.58.140(D)), or for any other period specified by the granting authority in conditions of approval, or other provision of this chapter. At the end of 36 months, the permit shall expire and become void unless by that time:

Lapse of Permit After Implementation. Once a project has been implemented as set forth in Section 17.58.140(E), the permit that authorized the use shall remain valid and in force and shall run with the land, including any conditions of approval adopted with the permit, unless one of the following occurs:

If one of the foregoing events occurs, the permit shall be deemed to have lapsed. No use of land, building or structure for which a permit has lapsed shall be reactivated, re-established or used unless a new permit is first obtained as provided by this article. The site of a lapsed permit shall be used only for uses allowed in the applicable zone district by Articles 17.06 through 17.52 (Zone districts and allowable uses of land) without a permit pursuant to this chapter.

Time for Filing an Extension Request. The applicant for an approved permit shall request an extension of time not later than the date of expiration of the permit established by subsection B of this section. The request shall be in writing, shall explain the reasons for the request, and shall be accompanied by the nonrefundable filing fee established by the most current planning department fee schedule. Upon the filing of an extension request as required by this subsection, the time limit for expiration of the permit established by subsection B of this section shall be suspended until a decision is made by the appropriate hearing body regarding the extension request.

Notice of Requested Extension. The planning department shall send notice of the requested extension by mail to all individuals and entities (or their legal successors in interest) which were provided notice of the hearing that preceded the approval of the permit requested for extension, and to all members of the development review committee. The notice shall state that any person who objects to the requested extension of time shall notify the planning director, in writing, of the objection within 15 days from the date of mailing of the notice.

Hearing on Objections to Extension. If any objection to the time extension is received, the hearing body shall follow the entire procedure set forth in Section 17.58.140 (Permit issuance) to consider and approve or disapprove the requested extension, as well as the following subsection.

Approval of Extension. After a public hearing, or if no objection to an extension is received, without a public hearing, the hearing body may extend the expiration date of the approved administrative review permit, minor use permit, conditional use permit or variance by no more than a total of three years, provided that the hearing body first finds that:

Are consistent with the applicable provisions of this chapter; and

Do not involve a feature of the project that was specifically addressed or was a basis for findings in a negative declaration or environmental impact report for the project; and

Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the granting authority in the approval of the permit; and

Do not result in an expansion of the use; and

Do not substantially alter the original approved action; and

Do not result in any new direct or indirect effect on an aquatic resource or habitat for species covered by the habitat conservation plan/natural community conservation plan (HCP/NCCP); and

If Chapter 19, Article 19.10 applies to the approved project, the change cannot increase the amount of land cover impacted by the project.

Does not increase the number of approved development parcels;

Does not result in changes to any required onsite or offsite improvement(s) that was specifically addressed or was a basis for findings in a negative declaration or environmental impact report for the project; and

Does not result in other changes that would substantially alter the project character, operation, land use patterns, or parcel configuration or would result in overall improvement of these criteria.

Articles 17.06 through 17.52 of this chapter to enable development within a particular zone or combining district; or

Section 66474.5 of the California Subdivision Map Act before the approval of a land project as defined by Section 11000.5 of the California Business and Professions Code.

Note. The county may require a specific plan to be combined with a development agreement.

Proposed Land Uses. The distribution, location and extent of land uses proposed within the area covered by the plan, including open space areas.

Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities to be located within the specific plan area and needed to support the proposed land uses.

Land Use and Development Standards. Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable. Note: If the specific plan is adopted by a resolution rather than by an ordinance, this requirement may be delayed until later permit applications are processed.

Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria.

Relationship to General Plan. A statement of the relationship of the specific plan to the Placer County general plan and any applicable community plan.

Placer County Conservation Program. If Chapter 19, Article 19.10 applies to the proposed specific plan, the applicant shall prepare a plan for compliance with the habitat conservation plan / natural community conservation plan (HCP / NCCP) and, if applicable, the county aquatic resource program (CARP) pursuant to Section 19.10.070.

Additional Information. The specific plan shall contain any additional information determined to be necessary by the planning director because of the characteristics of the area to be covered by the plan, applicable policies of the general plan or a community plan, or any other issue determined by the planning director to be significant.

Acceptance and Initial Review. The filing of a draft specific plan shall be subject to Section 17.58.040 (Filing of applications).

Development Review Committee Evaluation. After the filing of a draft specific plan, the members of the development review committee shall review the draft specific plan within thirty days of the date of submittal to determine whether it conforms with the provisions of this section. If the draft plan is not in compliance, it shall be returned to the applicant no later than ten days after the DRC has conducted its review of the draft with a written specification as to why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the county and the committee determines it is complete and in compliance with this section, the plan shall be deemed to be accepted for processing.

Environmental Review. The draft specific plan shall be subject to environmental review as specified in Section 17.58.060 (Environmental review).

Staff Report. A staff report shall be prepared for the draft specific plan as set forth in Section 17.58.070 (Staff report) which shall include detailed and specific recommendations for changes to the text and diagrams of the specific plan to make it acceptable for adoption, in addition to the information required to be in the staff report by Section 17.58.070.

Planning Commission. The planning director shall schedule a public hearing on the proposed specific plan after completion of a staff report and any required environmental documents, but not before the expiration of any public review periods for environmental documents required by Chapter 18 of this code (Environmental Review). The hearing shall receive public notice and be conducted as set forth in Section 17.60.140 (public hearings). After the hearing, the planning commission shall prepare a written recommendation to the board of supervisors.

Board of Supervisors. After receipt of the recommendation of the planning commission, a public hearing on the specific plan shall be scheduled. The hearing shall receive public notice and be conducted as set forth in Section 17.60.140 (public hearings). After the public hearing, the board of supervisors may adopt the specific plan as recommended by the planning commission pursuant to subsection F of this section, may deny adoption of the plan, or may adopt the plan with changes, provided that any changes to the plan desired by the board that were not considered by the planning commission shall be referred to the commission for its recommendation. The failure of the commission to report within forty-five calendar days after the referral shall be deemed a recommendation for the approval of the changes.

Is consistent with the Placer County general plan and any applicable community plan;

Is consistent with any applicable airport land use plan, as required by California Government Code Section 65302.3;

Will not have a significant effect on the environment, or is subject to the overriding findings specified in Section 18.20.070(A)(2) of this code (Findings and statement of overriding considerations).

The specific plan shall be adopted by ordinance, or by resolution of the board of supervisors.

Advisory Note. A specific plan adopted by resolution will contain information in the form of guidelines to clarify the policies and concepts expressed within the general/community plan applicable to the particular area, but not the regulations and standards necessary for implementation of the policies.

A specific plan adopted by ordinance is the method by which the general/community plan is implemented. A specific plan adopted by ordinance will include the regulatory development standards and criteria necessary to ensure that the development, maintenance, and use of the property is in compliance with the policies and programs of the general/community plan.

Forms, Fees And Additional Information. The forms provided by the planning department, any filing fee required by the most current planning department fee schedule, any additional information required by the agency director as being necessary to properly evaluate the application.

Draft Development Agreement. The draft development agreement and any attachments or exhibits shall be prepared in a manner suitable for recordation by the county recorder, and shall include the following:

Map of Development Project. A map of the proposed development project shall be provided which is sufficient to meet the submittal requirements for the project associated with the development agreement and is adequate to clearly inform the public, the hearing bodies and the county staff about the scope and nature of the project proposal. The adequacy of the map shall be determined by the agency director.

Public Notice. Notice of the hearing shall be provided as required by Section 17.60.140 (Public hearings), which is consistent with the requirements of California Government Code Section 65867, Section 65854, Section 65854.5, and Section 65856. If state law changes to prescribe different notice requirements, legal notices for the consideration of proposed development agreements shall be given in that manner.

Conduct of Hearing. The public hearing shall be conducted as provided by Section 17.60.140 (Public hearings).

Recommendation to Board. After the hearing, the planning commission shall report its recommendation in writing to the board of supervisors. The report shall include the reasons for the recommendation, and findings as to whether the proposed development agreement:

Upon the recommendation of the development review committee (DRC); or

The affirmative vote of at least four members of the planning commission; or

The affirmative vote of at least three members of the board of supervisors.

If the county finds and determines on the basis of substantial evidence that the developer has complied in good faith with the terms and conditions of the agreement during the period under review, a written report stating such shall be issued, terminating that review period.

If the county finds and determines on the basis of substantial evidence that the developer has not complied in good faith with the terms and conditions of the agreement during the period under review, the county may modify or terminate the agreement pursuant to Section 17.58.260 (Amendment and cancellation).

The developer may appeal a determination pursuant to subsection (E)(2) of this section to the planning commission and/or board of supervisors in accordance with the procedures outlined in Section 17.60.110 (Appeals).

The procedure for proposing an amendment to or a cancellation, in whole or in part, of the agreement is the same as the procedure set forth in Sections 17.58.220 through 17.58.240.

Where the county initiates the proposed amendment to or cancellation in whole or in part of the agreement, it shall first give notice to the property owner or authorized agent of its intention to initiate such proceedings at least thirty days before giving notice as required by Section 17.58.240(A)(1).

Notice of Intention to Modify or Terminate. The county shall give notice to the developer of its intention to hold a hearing not less than thirty days before the hearing. The notice shall contain the information required by Section 17.60.140(A) (Public Hearings—Notice of Hearing), and the following:

Conduct of Hearing. At the time and place set for the hearing on modification or termination, the developer shall be given an opportunity to be heard. If the hearing is conducted before the board of supervisors on appeal, the board may refer the matter back to the planning commission for further proceedings or for report and recommendation. The board of supervisors may impose those conditions to the action it takes as it considers necessary to protect the interests of the county. The decision of the board is final.

Proposed Land Use. The distribution, location and extent of land uses proposed within the area covered by the plan, including open space.

Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private transportation, water, wastewater, reclaimed water, drainage, solid waste disposal, energy, schools, parks, police, fire, libraries, and other essential facilities to be located within the specific plan area and/or needed to support the proposed land use.

Land Use and Development Standards. Standards and criteria by which development will proceed including permitted uses, affordable housing provisions, design concepts and requirements, flood plain protection, open space maintenance, development and conservation standards and criteria.

Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, phasing, and financial measures necessary to carry out the proposed land use, infrastructure, services, landscape and open space maintenance, and development and conservation standards and criteria.

Placer County Conservation Program Compliance Chapter 19, Article 19.10. The applicant shall prepare a plan that demonstrates compliance with the habitat conservation plan / natural community conservation plan (HCP/NCCP) and, if applicable, the county aquatic resource program (CARP), pursuant to Section 19.10.070.

A statement of the relationship and compliance of the proposed project to the Placer County general plan and any applicable community plan, including, but not limited to, reports, studies, or other materials evaluating the relationship between the proposed project and the standards and requirements specified in Part III of the county General Plan.

Analysis of market demand relative to the type of development proposed, governing both the incorporated and unincorporated areas of South Placer County.

Preliminary fiscal impact analysis of the proposed project on both the county and city assuming and not assuming annexation by Roseville.

Documentation which demonstrates that adequate surface water, sewer capacity, and the necessary distribution and collection systems, including transportation facilities is existing or can be built to serve the proposed project, and that demonstrate that the legal, financial, and practical ability to provide a full range of public services exists.

Property lines;

Existing proposed roadways;

Existing easements and type;

Street names;

Assessor's parcel numbers for all parcels affected;

Existing and proposed land use and zoning on subject and adjacent parcels;

Project name;

Vicinity map;

North arrow and scale; and

Summary of projects statistics including acreage.

Consistency with government code requirements for specific plans;

Consistency with city of Roseville's General Plan goals and policies;

Consistency with identified citywide studies and holding capacity analysis;

Justification for proposed specific plan boundaries;

Impact on the city's growth pattern;

Community benefits; and

Ability to mitigate anticipated impacts.

The zoning administrator shall serve as a hearing officer and is assigned the authority and original jurisdiction to investigate, consider, and approve or deny applications for administrative review permits, minor use permits, variances, and any other matters as specifically provided by this chapter.

When the agency director or designee assigns the duties of the zoning administrator to a designee, that staff person shall also perform any additional duties in the community development/resource agency assigned by the agency director as appropriate to the personnel title of the designee. The designee shall be subordinate and directly responsible to the agency director and/or any intermediate supervisory staff in the performance of all duties other than those of zoning administrator, but shall not be subordinate to, nor under the direction or control of the agency director when performing the duties of zoning administrator.

The planning commission shall consist of seven members who are not otherwise officials of the county. Five commissioners shall each be residents of different supervisorial districts, shall be nominated by the supervisor of their district of residence and shall be appointed by a majority of the board of supervisors. These five commissioners shall serve terms concurrent with the supervisor of their district of residence.

Two commissioners shall be at-large members of the planning commission. The at-large members shall be residents of the county and can be nominated by any supervisor but require approval by a majority vote of the supervisors. One at-large commissioner shall reside at least part time east of the Sierra Crest in the county and will be appointed to recognize the unique nature of that region. The term of this commissioner will commence January 1, 1998 and run for one year to January 1, 1999 and then a new term will continue on four year intervals thereafter. If a vacancy occurs during any term, any appointee will only complete the unexpired balance of the then current term. The other at-large commissioner shall reside at least part time west of the Sierra Crest in the county. The term of this at-large commissioner will commence January 1, 2013, for a term of four years and continue on four-year intervals thereafter. A vacancy in this appointment will be filled only for the unexpired balance of the then current four-year term.

To review all administrative review, minor and conditional use permit, variance, rezoning, zoning ordinance amendment applications, specific plans, general plan amendments, and development agreements as a staff project review group to advise the planning director, zoning administrator, planning commission and board of supervisors on such applications.

To serve as the parcel review committee established by Section 16.04.020(B) of the subdivision ordinance, Chapter 16 of this Code, and to perform any duties specified by Chapter 16.

County-Initiated Plan Amendments or Rezonings and Public Review. Once initiated, notice of county-initiated amendments will be posted on the agency website. Once the amendment(s) is drafted, a public meeting will be noticed to provide the public the opportunity to make comments. The planning director and district supervisor shall consult together to select the meeting venue, format, and medium based on the scope of the amendment when only one supervisorial district would be affected by the amendment(s). When more than one supervisorial district is affected by the amendment(s), a townhall or similar meeting venue shall be held. In addition, the planning director and district supervisor(s) shall consult together to determine if additional meetings (i.e., additional townhalls, MAC meetings, or other public meetings) should be held. Noticing of the meeting will be in compliance with the Brown Act. No amendment proposed by the county shall be invalid in the event it is not, for any reason, reviewed in a public meeting prior to the hearing by the planning commission.

Privately Initiated Plan Amendments or Rezonings and Public Review. For a private project that requires a hearing before the planning commission, notice to any local municipal advisory council whose boundaries encompass the proposed project area shall be provided as described in Section 17.60.140(A)(6).

Type of Conditions. Conditions imposed on a rezoning pursuant to this section may include, but shall not be limited to, dedication of additional road rights-of-way and requirements for participation in the cost of public improvements, reasonably related to the land uses that would be allowed by the proposed zoning, and limitations on the type and nature of land uses allowed in the new zone district.

Timing of Compliance with Conditions. When a zoning amendment with conditions is adopted by the board of supervisors, the ordinance shall specify when such conditions shall be satisfied relative to the approval by the county of any subdivision of the property, any land use or construction permits, or any actual development.

Reversion of PD Designation Following Expiration of Tentative Map. When any subdivision tentative map approved in conjunction with the establishment of a PD designation expires or such approval is otherwise revoked by the planning commission or the board of supervisors, the PD designation established for the project shall either revert to the PD density which existed prior to the project approval, or shall no longer be effective (if no PD designation existed prior to project approval).

With the approval of the planning commission, an amendment request from the public may be withdrawn if a written application is filed by a majority of the persons who signed the original rezoning application.

The board of supervisors may abandon any amendment proceedings, either on its own motion or at the request of the planning commission, as long as any hearing for which public notice was given is first held.

Reduce the minimum lot area required for a new land division by Articles 17.06 through 17.52 of this chapter such that the project would increase densities above those specified by the general plan or any applicable community plan; or

Waive any other requirement of this chapter or Chapter 16 of this code (Subdivisions) related to general plan consistency and other subdivision map requirements; or

Authorize land uses other than those identified as allowed in the particular zoning district by Articles 17.06 through 17.52, as required by California Government Code Section 65906.

Findings. Approval or conditional approval may be granted only when the granting authority first determines that the variance satisfies the criteria set forth in California Government Code Section 65906 by finding that:

Conditions of Approval. In approving a variance, conditions shall be adopted by the zoning administrator or planning commission as necessary to enable making the findings described in subsection (D)(1) of this section.

Up to a 50% reduction in the required setback from any road easement where the minimum setback for the applicable zone district (without consideration of the necessary adjustment related to road easement width) is met;

Up to a 50% reduction in the minimum setback from any artificial watercourse such as canals, channels, and flood water conveyances that are lined with impervious materials (e.g., gunite, shotcrete or rock lined);

An increase of not more than five feet or 10%, whichever is less, in the height of any structure, fence or other feature to which a height limit applies;

Up to a 10% reduction in parking standards;

Up to a 50% increase in the permitted size of a residential or agricultural accessory structure;

Any signing proposal where the new sign is closer to conforming with the current applicable standards than the sign that is being replaced;

Up to a 50% structural setback reduction in the stream system boundary (Section 17.54.145(B)(1)).

In order to authorize relief from the standards noted above the planning director must determine that the following circumstances exist:

Conditions of Approval. In approving relief from the above mentioned standards, conditions shall be placed on the approval to ensure that the conditions which justified the action are maintained over time, or are necessary to eliminate or minimize any adverse affect on a neighboring property, or are necessary to ensure compliance with the intent of the standard being modified.

Administration and Interpretation. The following actions of the planning director and his/her staff may be reviewed by the agency director and, thereafter, may be appealed to the planning commission and then to the board of supervisors:

Land Use Permit and Hearing Decisions. Rulings of the planning director, agency director, the zoning administrator, the design/site review committee, or the parcel review committee (other than road improvement requirements) may be appealed to the planning commission and then to the board of supervisors. Rulings of the parcel review committee related to road improvement requirements may be appealed to the agency director (see Section 16.20.090 of the Placer County Code) and then to the board of supervisors. Rulings of the planning commission may be appealed directly to the board of supervisors. Rulings of the development review committee and the environmental review committee may be appealed to the hearing body having original jurisdiction in the matter being appealed. (Note: See Section 17.60.050

An appeal may be filed by any person affected by a planning department administrative action or interpretation as described in subsection (A)(1).

A hearing decision described in subsection (A)(2) may be appealed by anyone who, in person or through a representative explicitly identified as such, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the county in writing of the nature of his/her concerns before the hearing.

A representative of a county department presenting departmental recommendations at a hearing shall not be authorized to appeal a decision reached at such hearing.

Timing and Form of Appeal. An appeal must be filed within ten days of the decision that is the subject of the appeal; appeals filed more than ten days after the decision shall not be accepted by the planning department. A notice of appeal shall be in writing, shall specify the decision or portion of the decision being appealed, shall include a detailed state of the factual and/or legal grounds upon which the appeal is being taken and shall include other information required by the planning director, and may include any explanatory materials the appellant may wish to furnish within 30 days of the date of filing the appeal, the appellant shall provide to the Planning Department all written materials which the applicant desires the appellate body to consider at the appeal hearing, including, if applicable, any proposed changes to the project. The appeal shall be accompanied by the filing fee set by the most current planning department fee schedule.

Filing and Processing. An appeal shall be filed with the planning director, who shall process the appeal pursuant to this section, including scheduling the matter before the appropriate appeal body.

Effect of Filing. In the event of an appeal, the decision being appealed shall be set aside and of no effect until final action by the appeal body pursuant to this section.

Appellant not project applicant. In the event that the person filing the appeal is not the applicant for the project that is the subject of the appeal, a copy of the notice of appeal shall be provided to the applicant within 10 days after receipt by the Planning Director. A copy of all materials received from the appellant pursuant to subsection (c)(1) herein shall also be provided to the applicant upon the applicant's request. Not later than 10 days prior to the date of the hearing, the applicant shall submit to the Planning Department any responsive materials to the appeal that the applicant wishes the appellate body to consider.

Extension of Prior Permit. Where the subject of an appeal is a business or activity in continuous or ongoing seasonal operation pursuant to a previously issued permit, the board of supervisors may grant a temporary extension of the previously issued permit pending the outcome of the appeal, but no longer than sixty days from the date of expiration. The temporary extension may be granted only in a public meeting of which all appellants of record have been individually notified, and at which all interested parties are given an opportunity to be heard.

Report and Scheduling of Hearing. When an appeal has been filed, the planning director shall prepare a report on the matter and shall schedule the matter for consideration by the appropriate appeal body identified in subsection A of this section after completion of the report.

Board Assumption of Appeal Hearing Authority. In any case where a ruling of the agency director or zoning administrator has been appealed to the planning commission, the board of supervisors may determine that they shall hear and decide upon the appeal instead of the planning commission. A decision for the board to assume appeal authority shall occur through the vote of three or more board members at a regular meeting of the board of supervisors, either before the distribution of public notice for the planning commission hearing, or within ten days after a continued hearing before the commission.

Action and Findings.

Withdrawal of Appeal—Hearing Decisions. After an appeal of a decision has been filed, an appeal shall not be withdrawn except with the consent of the appropriate hearing body.

Changes to Building. The enlargement, extension, reconstruction or structural alteration of a building that is nonconforming only as to height and setback regulations, may be permitted if such additions or improvements conform to all other applicable provisions of this chapter (See Sections 17.54.020, 17.54.130, 17.54.140, 17.54.150, and 17.54.160), and the exterior limits of new construction do not encroach any further into the setback or the height limit than the comparable portions of the existing building.

Maintenance and Repair. A nonconforming building may undergo normal maintenance and repairs, provided that the work does not exceed fifteen percent of the appraised value thereof as shown in the assessor's records in any one year period.

Expansion of Use. The nonconforming use of a portion of a building may be extended throughout the building provided that a minor use permit is first secured in each case where the expansion exceeds thirty percent of the original size of the nonconforming use.

Substitution of Use. The nonconforming use of a building may be changed to a use of the same or more restricted nature.

To be used as a building site; and

The parcel was withheld before the effective date of the zoning enactment that made the parcel nonconforming.

Content of Notice. Notice of a public hearing shall include, but not be limited to: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. If a proposed negative declaration, a final environmental impact report, or any other appropriate environmental document has been prepared for the project pursuant to Chapter 18 (Environmental Review) of this code and the California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the hearing body will also consider approval/certification of such document(s).

Method of Notice Distribution—Amendments, Plans, Subdivisions, etc. Notice of a public hearing required by this chapter for zoning ordinance amendments (i.e., either rezonings or zoning text amendments), general/community/specific plan amendments, development agreements, subdivisions and parcel maps, and appeals of decisions on these applications shall be given as follows, as required by California Government Code Sections 65090 and 65091:

Method of Notice Distribution—Use Permits and Variances. Notice of a public hearing required by this chapter for conditional or minor use permits, variances, and appeals of decisions on these applications shall be given as follows, as required by California Government Code Section 65091:

Additional Notice. The planning director may also provide any notice with content or using a distribution method in addition to that required by this section as he or she determines is necessary or desirable.

Notice Requirements for Appeals of Other Official Actions. The legal notice requirements specified in subsections (A)(1), (A)(2), and (A)(3) of this section are not required for the following types of appeal hearings: appeals of rulings by the planning director or agency director; appeals of decisions by the design/site review committee (D/SRC), the development review committee (DRC) or the environmental review committee (ERC).

Municipal Advisory Councils and Other Public Meetings. Any project application not subject to Section 17.60.090(B)(1) that requires a public hearing before the planning commission shall first be submitted to any local municipal advisory council (MAC) whose boundaries encompass the proposed project area. The planning department shall transmit a copy of the project application to the appropriate MAC, and shall request the MAC's general review and comment. For a project affecting a large geographical area (i.e., affecting more than one MAC boundary, and/or an area encompassing larger than 50 acres, and/or requiring 300 or more employees), the planning director, in consultation with the affected district supervisor, may determine a townhall or similar meeting venue be held in addition to or as an alternative to a MAC meeting. Notice of the meeting will be in compliance with the Brown Act. No private project shall be invalid in the event it is not, for any reason, reviewed by the municipal advisory council or reviewed in a public meeting prior to the hearing by the planning commission. See Section 17.60.090(B)(1) for noticing requirements for county-initiated projects.

The hearing body or officer will hear sworn testimony and consider other evidence concerning the conditions constituting cause to revoke approval or conditional approval, to forfeit bond, or to abate a nuisance.

County officials and respondents to enforcement actions may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine any and all witnesses.

The hearing need not be conducted according to technical rules relating to evidence and witnesses, and may be continued from time to time.

The hearing body or officer will deliberate upon the evidence and shall make findings upon such evidence to support any action to revoke approval or conditional approval, abate a nuisance, or deny an appeal on the forfeiture of a bond. Thereafter the hearing body or officer shall issue an order to the respondent.

Personal Service. A copy of the notice shall be served personally on the owner, tenant, occupant, or responsible party.

Mailed Notice. A copy of the notice shall be served by first class mail and certified mail, return receipt requested, to:

Posted Notice. A copy of the notice shall be prominently and conspicuously placed upon the premises affected by the enforcement proceedings.

Release of Notice. Where a notice has been served as required by this section and a hearing offficer has determined that sufficient grounds do not exist for nuisance abatement, or where the owner of an affected premises has corrected the condition that was the basis for initiation of enforcement action, the code official shall record a satisfaction release and removal of notice of nuisance or notice of nuisance abatement.

Payment of Costs Prior to Release. In the event that enforcement costs have been incurred in the investigation/processing of a violation for which a notice is required, the release of such notice shall not be recorded until all such costs have been reimbursed to Placer County.

Request for Hearing. A request for hearing shall be filed with the hearing officer within 14 days of the service by mail of the summary of costs, in the form of a letter explaining the reasons why the property owner believes the costs are incorrect or that county action to recover the costs is unreasonable.

Scheduling of Hearing. Within 30 days of the filing of the request for hearing, the hearing officer shall hold a hearing to consider the owner's objections and to determine whether the administrative costs shown in the summary of costs for the enforcement action are valid.

Decision by Hearing Officer. In determining whether the costs are valid, the hearing officer shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to:

A time limit for correction of the violation pursuant to subsection B of this section;

A statement that the county intends to: (a) charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by Section 17.62.160(A), pursuant to Section 17.62.090 (Recovery of costs); and/or (b) issue a citation initiating a judicial or administrative action;

A statement that the property owner may request and be provided a meeting with the code official to discuss possible methods and time limits for the correction of identified violations.

Any condition declared by a statute of the state of California or by an ordinance of Placer County to be a nuisance;

Any public nuisance known at common law or equity;

Any condition dangerous to human life, unsafe, or detrimental to the public health or safety;

Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of Chapter 5, 8, 9, 12, 15, 16, 17 or 18 of this code.

A street address, assessor's parcel number, legal description or other description sufficient to identify the premises affected;

A description of the conditions causing the nuisance. Where the code official has determined that such conditions can be corrected or abated by repair or corrective action, the notice shall identify the repairs or corrective actions that will be required, and the time limit within which the nuisance must be corrected;

An order to complete abatement of the nuisance within 30 days or other reasonable time period as determined by the code official;

A statement that if the nuisance is not corrected as specified, a hearing will be held before a hearing officer to consider whether to order abatement of the nuisance;

A statement that the county may recover its enforcement costs under this section, including all administrative costs, as defined in Section 17.62.090, pursuant to Section 17.62.090 and/or by levying a special assessment against the subject property, which may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes pursuant to Section 25845 of the Government Code. Special assessments are subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as are provided for ordinary county taxes;

Where the code official, in consultation with appropriate county officials, has determined that the condition causing the nuisance is imminently dangerous to life or limb, or to public health or safety, the notice may include an order that the affected property, building or structure shall be vacated, pending correction or abatement of the conditions causing the nuisance.

A heading, "Notice of Nuisance Abatement";

A notice to appear before a hearing officer at a stated time and place to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the code official;

The same information specified in subsection B of this section for a notice of nuisance.

Hearing Officer. A hearing on nuisance abatement shall be conducted by a hearing officer.

Hearing Procedure. The procedure for hearings shall be the same as set forth in Section 17.62.070, and

Order by Hearing Officer. After considering all the testimony and evidence submitted prior to the close of the hearing, the hearing officer may take either of the following actions:

Service of Order of Abatement. The order of abatement issued by the hearing officer shall be served as provided by Section 17.62.080(A).

Commencement of Time Limits. The time limits set by the hearing officer for completion of abatement or other required actions shall begin upon service of the notice, unless the order of the hearing officer sets specific dates for completion of abatement.

Compliance with Order Required. It is unlawful and a violation of this code for any person to fail to comply with the provisions of an order of a hearing officer. The penalty for failure to comply with such an order shall be as set forth in Section 17.62.040 (Penalties).

Decision Final. The decision of the hearing officer pursuant to subsection (D)(3) shall be conclusive and final.

Recordation of Order. Any order of abatement issued by the hearing officer pursuant to subsection (D)(3) may be recorded in the office of the county recorder of Placer County.

Right to Judicial Review. Any cited party aggrieved by the final decision of the hearing officer pursuant to this section may seek judicial review of the same.

Disposal of Materials. Any materials in or constituting any nuisance abated by the code official may be disposed of, or if directed by the hearing officer and where such materials are of substantial value, sold directly by the administrative services department or planning directorl in a manner approved by county counsel, or sold in the same manner as surplus county personal property is sold.

Account of Costs and Receipts. The code official will keep an itemized account of the costs of enforcing the provisions of this section, and of the proceeds of the sale of any materials connected therewith.

Demand and Notice of Proposed Special Assessment. Upon completion of abatement, the code official shall prepare a notice to be served as provided in Section 17.62.080(A) and (B), specifying:

Hearing on Account and Proposed Special Assessment. At the time and place fixed in the notice, the board of supervisors will hear and consider the account and proposed special assessment, together with objections and protests thereto. At the conclusion of the hearing, the board may make such modifications and revisions of the account and proposed special assessment as it deems just, and may order the account and proposed special assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the board as to all matters contained there-in is final and conclusive.

Notice of Lien. Upon confirmation of a special assessment by the board, the code official shall notify the owners by certified mail, return receipt requested, of the amount of the pending lien confirmed by the board. The code official shall then prepare and have recorded in the office of the county recorder of Placer County a notice of lien. The notice of lien shall contain:

Lien. Upon the recordation of a notice of lien, the amount claimed shall constitute a lien upon the described premises, pursuant to Section 25845 of the Government Code. Such lien shall be at a parity with the liens of state and county taxes.

Collection with Ordinary Taxes. After recordation, the notice of lien shall be delivered to the county auditor, who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as are provided for ordinary county taxes; all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.

A heading reading, "Notice of Revocation Hearing";

The provisions and/or conditions violated and the means to correct the violation(s), if any;

The date and place of the revocation hearing.

Allow the permitted additional time to correct the violation or noncompliance; or

Modify conditions of approval on the basis of evidence presented at the hearing; or

Revoke the approved permit or land conversion authorization and order the discontinuance or removal of the approved use within a time specified by the hearing officer. In the absence of an appeal pursuant to subsection D of this section, the revocation shall become effective 14 days after the action of the hearing officer. Upon the effective date of revocation, the code official shall initiate nuisance abatement proceedings by preparing and serving a notice of nuisance pursuant to Section 17.62.160(B), with the time limit for action by the permittee specified in the notice being that set by the hearing officer in the revocation order.

Whenever the code official determines that a violation has occurred, the code official shall issue a warning of an administrative citation to the owner and, if known, any other person responsible for the violation as a prerequisite to the issuance of a first administrative citation.

A warning shall not be required as a prerequisite to the issuance of a first administrative citation whenever the code official determines the violation creates an immediate danger to health or safety.

A warning is not given before the issuance of a second or any subsequent administrative citation for a continuing or repeated violation.

A warning shall include all of the information mandated by Section 17.62.120.

A notice of violation pursuant to Section 17.62.120 shall constitute a warning under this subsection.

Whenever the code official determines that a violation has occurred, the code official may issue an administrative citation to the owner of the property after any required warning has first been issued. Each and every day during which a violation is committed, continued or permitted shall constitute a separate violation. An administrative citation may contain more than one allegation of violation.

Each administrative citation shall contain the following information:

If an appeal is filed, the code enforcement officer or designee shall schedule an appeal hearing with a hearing officer selected from a list of appointed hearing officers who are not current county employees. Such appeal hearing shall be heard within 30 days from the date of receipt of the appeal.

Once the appeal hearing has been scheduled, written notification thereof shall be given to the party by email and certified mail at least 10 calendar days prior to the hearing date.

The failure of the party issued the administrative citation to timely file an appeal shall constitute a failure to exhaust administrative remedies.

Hearing Procedure. The procedure for hearings shall otherwise be the same as set forth in Section 17.62.070, and

Hearing Officer's Decision.

Right to Judicial Review. Any cited party aggrieved by the final decision of the hearing officer on an administrative citation may obtain review of the administrative decision in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

The fine for code violation(s) imposed pursuant to this section shall be $500 for each violation contained in the first administrative citation; up to $750 for each violation contained in a second administrative citation issued for violation of the same ordinance on the same property, within one year of the final date that a prior administrative citation for a violation of the same provision on the same property was upheld (in whole, part, or as modified) or uncontested; up to $1,000 for each violation contained in a third or subsequent administrative citation issued for violation of the same ordinance on the same property, within one year of the final date that a prior administrative citation for a violation of the same provision on the same property was upheld (in whole, part, or as modified) or uncontested. The fine amounts shall be cumulative where multiple citations are issued.

A late payment charge shall be paid to the county in the amount specified in subsection H, if a fine has not been paid in full to the county on the date on which it is due.

The fine shall be paid to the county within 30 calendar days of issuance of the administrative citation, or in accordance with the payment schedule as determined by the decision of the hearing officer.

Payment of a fine under this section shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

The county may refer the debt for collection;

The county may file a civil action in a court of law to recover the debt;

The county may impose a special assessment and record a lien upon the real property upon which the violation is located pursuant to the procedures provided in Section 17.62.160(E) to the maximum extent allowed by law.