CONDITIONAL USE PERMIT & MINOR USE PERMIT APPLICATION GUIDE

Transcription

1 Butte Cunty Department f Develpment Services PERMIT CENTER 7 Cunty Center Drive, Orville, CA Planning Divisin Phne Fax dsplanning@buttecunty.net FORM NO PLG-06 INTRODUCTION CONDITIONAL USE PERMIT & MINOR USE PERMIT APPLICATION GUIDE This is yur guide t land use permits including use permits and minr use permits. It is designed t help answer yur questins abut the prcess, including: Where d I begin, if I need t btain a land use permit apprval? What infrmatin must I prvide t be sure my applicatin is cmplete? Hw much will the prcess cst? After I submit my applicatin, what will happen befre my permit can be apprved r denied? What cnsideratins are reviewed befre a decisin is made t apprve r deny a land use permit? Hw lng will the prcess take? WHAT IS A LAND USE PERMIT? There are certain uses f land r types f businesses that may have an impact n their cmmunity. They may r may nt be suitable in a given zne; therefre, these uses are carefully reviewed thrugh the land use permit prcess. Land use permits authrize a use and set cnditins fr its establishment and peratin, and are required in sme instances in additin t Building Permits. Minr Use Permit apprval, required fr prjects that may have the ptential t cause neighbrhd cncerns, is heard by the Zning Administratr (the Directr r a designee). Decisins f the Zning Administratr may be appealed t the Planning Cmmissin. Cnditinal Use Permit apprval, required fr larger prjects r ther land uses that may have the ptential t affect the neighbrhd r cmmunity, is heard by the Planning Cmmissin. Decisins f the Planning Cmmissin may be appealed t the Bard f Supervisrs. POINTS TO CONSIDER There are a number f issues yu shuld cnsider when designing yur prject and preparing yur applicatin, including: What is the current zning and des it allw my prpsed prject? 1 f 8

2 Are there specific standards in the Zning Ordinance and/r Area Plan dcument that apply t my prperty? What are the permit fees? What different kinds f permits may be required? Will the prject raise envirnmental cncerns? Is the site near any hazards? (creeks, rivers, airprts, earthquake faults) What is the availability f utilities? (water, sewer, etc.) Are the rads adequate? Are the fire safety prvisins adequate? Are setbacks frm adjacent agricultural uses required? LAND DEVELOPMENT IN THE COUNTY Land use regulatins are imprtant t any persn cnsidering land develpment because the regulatins determine: Where particular uses are allwed; and What requirements and permit prcedures must be cmpleted befre a particular use is allwed. Mst regulatins fr the use and develpment f land are fund in the fllwing dcuments: (1) the General Plan; (2) Butte Cunty Cde (BCC) Chapter 24 (the zning rdinance); (3) BCC Chapter 41A Nise Cntrl, and (4) Specific Plan r area plan applicable t the prpsed prject. WHERE DO I BEGIN? In an initial meeting with a planner, yu will be given an verview f the prcess and a checklist f the infrmatin and materials yu will need t prvide fr a cmplete land use permit applicatin. In certain cases, yu may want t schedule a pre-develpment cnference in place f, r after, yur initial meeting. A pre-develpment cnference is an pprtunity t meet with a prject planner, an envirnmental specialist, as well as staff frm Public Wrks, Envirnmental Health, Fire, Building, and the Agricultural Cmmissiner s Office, t have an in-depth discussin abut yur prject. At this meeting, additinal submittal requirements (such as special reprts r studies) and cncerns and/r design cnsideratins fr the prject will be discussed. Fr jb generating prjects, an Ecnmic Develpment Assistance Cmmittee (EDAC) is als available. It includes all the parties listed abve fr a pre-develpment cnference, plus staff assigned t prmting ecnmic develpment in the Cunty. These meetings (initial meeting r pre-develpment cnference) can be scheduled by calling r ing dsplanning@buttecdunty.net 2 f 8

3 WHAT INFORMATION MUST I PROVIDE AND HOW MUCH WILL THE PROCESS COST? An applicatin fr a land use permit must include the fllwing infrmatin: A. Applicatin. A standardized applicatin r Prject Infrmatin frm (DPL-1), which prvides general infrmatin abut the applicant, the prperty wner, the prperty and the prject. This includes an ptinal Agent Authrizatin frm (DPL-2) authrizing an agent t act fr the landwner. B. Prject Narrative. The written narrative must describe the prpsed use r prject, including the services t be prvided, activities ccurring n the prperty, square ftage f structures and utdr areas, estimated number f custmers r ccupants, hurs and days f peratins, number f emplyees, and ther applicable infrmatin. C. Envirnmental Health Pre-Authrizatin Clearance. Cmplete a Pre- Applicatin Review with the Envirnmental Health Divisin and prvide evidence f meeting their requirements fr sewage dispsal and water supply in ne f the fllwing ways: A pre-applicatin cmpletin letter frm Envirnmental Health; A Willing and Able t Serve Letter frm the apprpriate utility district; A cmpleted cperative agreement fr annexatin int a utility district. D. Site Plan. Tw cpies f a site plan drawn t scale (i.e. 1 =20 ), with scale nted. All site maps shall be drawn n unifrm size sheets n greater than 11 x17. The site plan shall include the fllwing infrmatin: Vicinity Map. Shw nrth arrw, the lcatin and bundary f the prject site, majr crss streets and the existing street pattern in the vicinity. Infrmatin Table. Include the fllwing infrmatin: Name f prperty wner Lcatin f the subject prperty, including Assessr Parcel Numbers and site address (if assigned) Name f site plan preparer and date General Plan and Zning designatins Size f prperty including grss & net lt area (square feet and acres) Prperty Bundaries. Shw existing prperty lines with prperty line directin and lengths; right-f-ways and easements with the nted size, type and sufficient recrding data t identify the cnveyance (bk and page f fficial recrds). Buildings and Setbacks. Lcatin, dimensins and use f all existing and prpsed buildings and structures, including hmes, decks, carprts, wells, septic systems and leach fields. Shw the distance f the structures frm prperty lines 3 f 8

4 and frm ther structures. Indicate whether any structures are prpsed t be remved. Traffic and Circulatin. Lcatin and dimensins fr all existing access rads and driveways t the site. Natural Features. Lcatin f all natural features such as creeks, pnds, drainage swales, wetlands, adjacent riparian vegetatin, etc. E. Prperty Ownership Verificatin. T verify wnership f the subject prperty, a current Grant Deed r deed f sale f the prperty must be prvided. A Preliminary Title Reprt (less than 6 mnths ld) prepared fr the current prperty wners may be prvided in-lieu f a deed. F. Prject Setting Descriptin Instructins Frm. This frm prvides pertinent infrmatin abut the physical characteristics f the site. The infrmatin will be used t cmplete the envirnmental review f the requested prject, as required by the Califrnia Envirnmental Quality Act (CEQA). G. Building Elevatins Preliminary Design Review. Plans fr any prpsed buildings r structures that will be cnstructed as a part f the prject shall be included with the applicatin. Plans shall be drawn by a licensed architect r engineer at 1/8 = 1 minimum scale. The plans shall include: Fully dimensined elevatin f all fur side f the prpsed building r structure with vertical dimensins frm the average finish grade level t the highest pint f the structure. Identify the materials, clrs and styles f the prpsed buildings majr architectural cmpnents such as the rf and siding. E. Flr Plans. If the prpsed prject includes the cnstructin f new structures r the indr use f existing structures, flr plans f the structures shall be included with the applicatin. Flr plans shall be drawn t scale at 1/8 =1 r a larger scale. The prpsed uses f each rm r structure shall be nted n the plan. H. Filing Fees. Please cntact Planning staff at (530) fr mre infrmatin abut the applicatin fee. WHAT HAPPENS NEXT? Once yu have yur cmpleted applicatin and materials ready fr submittal, the fllwing steps are cmpleted. A. Applicatin Submittal. Yu will meet with a planner wh will check yur applicatin t make sure the frm is filled ut crrectly and determine if yu have the submitted all required infrmatin, e.g. plans, maps, etc. 4 f 8

5 The planner will answer questins yu may have regarding yur applicatin, but may nt be the planner prcessing yur applicatin. Mre specific questins abut yur prject shuld be directed t yur prject planner, wh will be assigned fllwing yur submittal. B. First 30 days. The initial 30 days after yu submit yur applicatin and pay yur applicatin fees is fr staff t prepare a file, send ut referrals t interested agencies (i.e., Public Wrks, Envirnmental Health) and pssibly cnduct a site visit. At the end f 30 days, the prject planner will send a letter infrming yu (r the agent, if ne is named n the applicatin) that the prject is accepted as cmplete fr prcessing, r that there is additinal infrmatin required befre it can be prcessed (als knwn as the incmplete letter ). Submitting cmplete infrmatin with yur initial applicatin will speed this review prcess. C. Incmplete Letter. If yu receive an incmplete letter, the items listed in that letter need t be submitted t yur prject planner befre yur prject can mve frward fr prcessing. When all infrmatin is received, the prject is ready fr prcessing, r cmplete. It shuld be nted, that if yur prject is accepted fr prcessing, it is nt apprved. The prpsal must still underg envirnmental review, a detailed staff analysis, and public hearings. If prblems are identified, the prject may be denied, r may be subject t cnditins f apprval r mitigatin measures as part f its apprval. D. Envirnmental Review. Once yur prject is accepted fr prcessing, an envirnmental determinatin must be cmpleted in accrdance with the Califrnia Envirnmental Quality Act (CEQA). CEQA requires the cunty t determine if significant envirnmental impacts culd result frm the prpsed prject. There are fur determinatins that may be made n yur prject: Exempt - This means that there are n impacts assciated with a prject based n its size and scpe (as defined by CEQA) Negative Declaratin (ND) - This means that the prpsed prject wuld prduce n significant envirnmental impacts but des nt fall int ne f the defined exemptins. Mitigated ND - This means that the prpsed prject wuld prduce n significant envirnmental impacts if certain cnditins (mitigatins) are met. These cnditins need t be agreed upn by yu and staff in rder fr the prject t mve frward fr apprval. If an agreement cannt be reached, the prject cannt be apprved and may be placed n an agenda recmmended fr denial. 5 f 8

6 Envirnmental Impact Reprt (EIR) - This means the prject has the ptential t prduce significant envirnmental impacts. It thrughly analyzes thse ptential envirnmental impacts and recmmends specific mitigatin measures designed t address each impact. When an EIR is recmmended by staff, an applicant may request that the Bard f Supervisrs decide whether r nt t require an EIR. The envirnmental determinatin prcess can be shrt r lengthy based n the cmplexity f the issues and the number f applicatins currently in prcess. E. Hearing. Once an envirnmental determinatin has been cmpleted, the prject can be scheduled fr a public hearing. Mst land use permits require a public hearing befre a decisin is made. When a prject is scheduled fr hearing, there are certain nticing deadlines that are required depending n the type f envirnmental determinatin fr the prject (up t 30 days prir t the hearing date in sme cases). All prperty wners within at least 300 feet will be receive ntice f the hearing date and a prject descriptin. Once the prject is scheduled fr a specific hearing date, the prject planner will prepare the staff reprt based n their research, referral respnses received frm ther agencies and, in sme cases, meetings with interested parties. A final staff reprt will be mailed the applicant r agent abut 7 days prir t the hearing date. The staff reprt will tell yu staff s recmmendatin as well as what cnditins f apprval will be required t be cmpleted befre the building permit can be issued r cmpleted, the use established, etc. These cnditins generally may nt be changed nce the Review Authrity takes an actin n the prject, withut ging back t fr a nticed public hearing befre the riginal decisin maker r ging t the Bard f Supervisrs thrugh an appeal. Cntact yur prject planner if yu have questins r cncerns abut the recmmendatin r cnditins f apprval in the staff reprt. At the hearing, yu will be given the pprtunity t address the Zning Administratr r Planning Cmmissin if yu chse. Yu shuld be prepared t answer questins abut the prpsal. Yur hearing date will depend n when yur prject s envirnmental review was cmpleted, the necessary nticing deadlines, and the ther applicatins ready fr hearing. F. Apprval / Denial. Land Use Permits are subject t a discretinary review prcess. A discretinary permit requires the review and apprval f the Zning Administratr, the Planning Cmmissin r the Bard f Supervisrs. A discretinary permit may be apprved, apprved with cnditins r denied. 6 f 8

7 Applicatin fr a discretinary permit des nt guarantee apprval, whether a prject cmplies with all applicable standards r has been recmmended fr apprval. If yur prject gets denied, r apprved with cnditins that are nt agreeable t yu, the decisin can be appealed t the Planning Cmmissin (if riginally heard by the Zning Administratr) r Bard f Supervisrs (if riginally heard by the planning Cmmissin) within ten (10) days fllwing the decisin. Prject apprvals can als be appealed by ppnents f yur prject. If yur prject gets apprved, make sure that yu understand the cnditins f apprval that were placed n the prject. Any cnditins that need t be met prir t issuance f a building permit need t be cmpleted befre staff can issue a building permit. WHAT IS CONSIDERED IN APPROVING OR DENYING A PROPOSED PROJECT? In requesting apprval f a land use permit, applicants shuld keep in mind that the prject will be carefully reviewed t determine hw the prpsal relates t the specific site, and hw it may affect its neighbrhd and the cmmunity. T put it anther way, the decisin-makers want t be sure that the develpment fits with the surrunding area and supprts adpted cmmunity gals. The fllwing cncerns are likely t be cnsidered befre any decisin is made n a prject. A. General Plan Cnsistency. A prpsed prject must be fund t be cnsistent with all the gals, plicies, and actins that are set frth in the adpted general plan. B. Area Plan & Land Use Ordinance Standards. The fremst cnsideratins are whether the prject is an allwed use and whether it meets the standards set frth the Zning Ordinance and applicable Specific Plan r Area Plan. Prpsed prjects must maintain the health and safety f the cmmunity and be cmpatible with the existing uses in the area. The site must als be able t accmmdate the prpsed use. C. Relatinship t Cmmunity Gals. A prpsed prject that furthers cmmunity planning gals is mre likely t be apprved than ne that hinders them. Mst cmmunities have gals that encurage certain land uses r densities within the cmmunity. Prjects shuld have the cmmunity s supprt and further thse gals, such as aviding leapfrg grwth and achieving the cmmunity s desired mixture and type f land uses. Sme cmmunities have neighbrhd grups r hmewners assciatins which prvide cmments t decisin-makers abut hw the prject des, r des nt, further the cmmunity s gals. 7 f 8

8 D. Relatinship t Surrunding Land Uses. New uses n a site are evaluated t determine whether they are cnsistent with existing uses n surrunding prperties. E. Envirnmental Impacts. Prpsed prjects are evaluated t determine whether they wuld adversely affect the envirnment. Prpsed prjects shuld be designed t avid r minimize envirnmental impacts. F. Land Capability and Service Availability. Whether the land can supprt the types f develpment prpsed will be evaluated. Tpgraphy, sensitive envirnmental resurces, service availability, and access will all be cnsidered. HOW LONG WILL THE PROCESS TAKE? Prcessing times vary depending upn the site, and the cmplexity and envirnmental impacts assciated with the prject. In mst cases, a use permit, which requires a public hearing, takes six t twelve mnths t prcess. Yu can help expedite the review prcess by making sure yur applicatin is cmplete, yur prpsal is clearly stated, all required infrmatin is prvided and envirnmental impacts are avided. Fr mre infrmatin abut the prcess r t make an appintment fr either an initial meeting r a pre- applicatin meeting, call (530) f 8