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The Yolo County Planning Agency has established a Development Review Committee (DRC), a group of primarily County agencies, which meets to discuss and review all major discretionary development applications prior to when they are set for public hearing. The DRC generally includes representatives from the Planning Division; Public Works; the Building Division; Environmental Health; Economic Development; the Fire District; the Agricultural Commissioner; the Local Agency Formation Commission staff; and any other agencies that may have review/permitting authority.
The DRC generally meets once per month at a set time. The Planning Division coordinates the DRC meetings, sends out agendas and memorandum, and takes meeting notes. The DRC will normally meet three times during the review of a major discretionary project. The first DRC meeting will review the application for completeness. The second DRC meeting will review the draft Conditions of Approval and the environmental analysis that has been prepared by the project planner. A third DRC “pre-construction” meeting will review the approved Conditions of Approval with the applicant or contractor after project approval and prior to construction. The DRC meetings are internal County meetings that are closed to the public; however, the project applicant and/or their representative are encouraged to attend second and third meetings, but not the first meeting.
(Ord. 1445, eff. August 14, 2014)
Although not a part of the Planning Agency, Yolo County encourages and supports several General Plan or land use Citizens Advisory Committees. The purpose of the appointed General Plan Citizens Advisory Committees is to provide local input and recommendations to the Planning, Public Works and Environmental Services Department on implementation of the County General Plan, any local plans, and related land use matters. Citizens Advisory Committees consider and make recommendations to the Planning Commission on all discretionary applications that are received by the County within the designated committee comment area. Members of the Citizens Advisory Committees are appointed by the Yolo County Board of Supervisors. The Citizens Advisory Committees abide by adopted Bylaws, approved by the Board of Supervisors. Each Citizens Advisory Committee adopts their own Standing Rules, which may set detailed rules and procedures for their own local committees, so long as they remain consistent with the Bylaws.
(Ord. 1445, eff. August 14, 2014)
The following general provisions shall apply to the development applications that are subject to public hearing before the Zoning Administrator, Planning Commission, or the Board of Supervisors.
(a) The requirements specified herein are considered minimum and may be expanded or modified by specific application requirements as set forth on application forms prepared by the Department for specific types of permits.
(b) At the discretion of the Director, a “pre-application” submittal and conference, as set forth in Section 8-2.213, may be encouraged or required. The purpose of such a pre-application submittal shall be to ensure that the applicant is aware of issues and requirements related to the project.
(c) Applications shall be filed with the Planning, Public Works and Environmental Services Department on forms provided by that Department and shall, at a minimum, contain the following:
(1) Name and address. The name, address, and signature of the applicant and, for privately initiated, property-specific applications, the name, address, and signature of the property owner;
(2) A statement of the proposed new construction or use.
(3) A Site or Plot Plan showing the following:
(i) The lot lines;
(ii) The adjoining or nearest roads;
(iii) The locations and dimensions of pertinent existing improvements, including on-site and nearby off-site wells and leachfields;
(iv) The locations and dimensions of proposed improvements, including on-site wells and leachfields; and
(v) Any other dimensions and data necessary to show that yard requirements, parking requirements, loading requirements, use requirements, and all other provisions of this chapter or any other title of the County Code are fulfilled.
(4) A statement from the applicant that the proposed project is consistent with the General Plan text and maps;
(5) A statement from the applicant that he or she has read the Design Guidelines that apply to the project and the project has been designed to be as consistent with the Guidelines as is feasible;
(6) Other documents, drawings, and plans as required by the Director; and
(7) A fee shall be submitted, as provided by a fee schedule approved by resolution of the Board of Supervisors.
(Ord. 1445, eff. August 14, 2014)
(a) Processing and determining completeness of project applications shall be in accordance with the Permit Streamlining Act, Section 65920 et seq, Chapter 4.5 of the State Planning and Zoning Laws of the California Government Code, and Chapters 1 and 2 of this Code. The Permit Streamlining Act applies to all discretionary development projects that are quasi-adjudicatory actions such as approvals of Use Permits, Tentative Subdivision Maps, and Variances. The Permit Streamlining Act does not apply to ministerial projects such as building permits, or to legislative or quasi-legislative projects such as rezoning requests, and General Plan Amendments (Government Code section 65928 and related court interpretations).
(b) After an application has been filed and appropriate fees have been paid, the application shall be examined by staff of the Planning Services Division and other appropriate County departments, to determine whether it contains all of the required information and is complete for the purposes of complying with Section 65943 of the Government Code. No later than 30 days following the submittal of the application, the applicant shall be notified in writing whether the application is deemed by staff to be complete or incomplete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information still needed to make the application complete.
(c) If the application together with the submitted materials are determined not to be complete, and the applicant disagrees, the applicant may appeal the staff decision to the Planning Commission in accordance with the appeal procedure specified in Section 8-2.225. A final written determination on the appeal shall be made not later than sixty (60) calendar days after receipt of the applicant’s written appeal. If the final written determination on the appeal is not made within the sixty (60) day period, the application with the submitted materials shall be deemed complete.
(d) Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six (6) months from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. The Planning Director on written request by the applicant showing good cause may grant an extension of this six (6) month period.
(e) In addition to the standards and findings set forth in this title, the Planning, Public Works and Environmental Services Department may prepare supplemental guidelines for the submission of applications and minimum standards, and criteria for approval of applications.
(f) All discretionary projects shall be reviewed for consistency with the Countywide General Plan text and Land Use maps. A project application not determined to be consistent with the General Plan shall be considered incomplete.
(g) The discretionary review of development proposals shall evaluate and address impacts on the rural landscapes and views. Any potential for land use incompatibilities shall require incorporation of design features to reduce potential impacts, to the greatest extent feasible.
(Ord. 1445, eff. August 14, 2014)
Notification to the public of public hearings on development applications shall be given in accordance with Section 65090 et seq. of the California Government Code and the provisions of this section. Notice of the time, place, and purpose of the public hearing shall be given at least ten (10) days before the hearing in the following manner:
(a) By at least one (1) publication in a newspaper of general circulation in the County;
(b) Wherever practical, by mailing a notice, postage prepaid, to the owners of all property within three hundred (300) feet of the exterior boundaries of the property involved, using for such purpose the last known name and address of such owners as shown upon the last assessment roll of the County. If determined to be necessary by the Director to reach an affected group in an agricultural or rural residential area, the radius of notified property owners may be expanded; and
(c) When deemed appropriate by the Director, notice may also be given by posting notices not more than five hundred (500) feet apart along each and every street upon which the property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of such property.
(Ord. 1445, eff. August 14, 2014)
(a) Approval of project applications shall be determined in accordance with applicable State laws, including Section 65920 et seq. (Permit Streamlining Act), Section 65950 et seq. (Approval of Development Permits), and Section 66410 et seq. (Subdivision Map Act), of the California Government Code, and this section.
(b) The Planning Director, Zoning Administrator, Planning Commission, and the Board of Supervisors may impose reasonable conditions on the approval of any permit or entitlement granted pursuant to this article in order to find or insure compliance of the use with the applicable requirements of this chapter or Federal, State, or County laws or regulations, or to provide the mitigation of environmental impacts caused by the use. Such conditions shall be in writing.
(c) Decisions of the Planning Director, Zoning Administrator, and Planning Commission under this article shall take effect, and appeals thereof made and considered, in the manner provided in Section 8-2.225 of this article.
(d) The Board is hereby authorized to promulgate by resolution a schedule of fees to be charged for the issuance by the Planning Director, Zoning Administrator, or Planning Commission, or Board of any permit or entitlement authorized by this article, such fees to be reasonably related to the actual costs to the County of processing such applications and issuing and policing such permits or entitlements.
(e) Any violation of the terms or conditions of any permit or entitlement issued by the Planning Director, Zoning Administrator, Planning Commission, or Board pursuant to this article shall constitute a violation of this chapter, shall be a misdemeanor, and shall be punished as set forth in Section 8-2.226 of this article. The enforcement of this article shall be by the procedure set forth in Section 8-2.226 of this article, and all remedies set forth therein for violations of this chapter shall be available against violations of this article.
(Ord. 1445, eff. August 14, 2014)
As a condition of approval of a permit or entitlement issued under this title, the applicant shall agree to indemnify, defend, and hold harmless the County or its agents, officers and employees from any claim, action, or proceeding (including damage, attorney fees, and court cost awards) against the County or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County, advisory agency, appeal board, or legislative body concerning the permit or entitlement when such action is brought within the applicable statute of limitations. Any condition imposed pursuant to this section shall include a requirement that the County promptly notify the applicant of any claim, action or proceeding and that the County cooperate in the defense. If the County fails to promptly notify the applicant of any claim, action, or proceeding, or if the County fails to cooperate in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold the County harmless as to that action. The County may require that the applicant post a bond or other security in an amount determined to be sufficient to satisfy the above indemnification and defense obligation.
(§ 3, Ord. 1466, eff. March 24, 2016)
(a) An applicant may submit to the Planning, Public Works and Environmental Services Department, for consideration by Planning staff and reviewing agencies, a “pre-application” of preliminary development plans for a project that would require the issuance of discretionary permit(s). The intent of the pre-application process is to give an applicant an opportunity to “test the waters” prior to submitting a formal application. The pre-application process provides the applicant with an initial understanding of the issues and type of conditions of approval that could be raised by the project. A pre-application does not result in any formal approval of any permits by the County, but instead is concluded with a letter and meeting with the applicant.
(b) After submittal of a pre-application form and payment of a fee, the form and any other provided information is distributed by Planning staff to appropriate County and other reviewing agencies for response and comments. The pre-application may be referred to the Development Review Committee. Following staff and agency review, a letter is prepared by staff and a meeting scheduled with the applicant. The purpose of the letter and meeting is to summarize the issues raised by the proposed project and the conditions and mitigation measures that could be applied if a subsequent formal application were to be filed with the County. Other departments and public agencies may be invited to attend the pre-application conference.
(c) A pre-application and conference may be required by the Director as set forth in Section 8-2.209(b) of this article.
(d) No formal application for the development project being considered may be accepted until a pre-application letter and conference is considered complete by the Director.
(e) The fee associated with the pre-application conference shall be credited to any subsequent formal application for the proposed development project, provided the subsequent formal application is submitted within a timely manner.
(Ord. 1445, eff. August 14, 2014)
(a) The purpose of the Zoning Clearance approval process is to quickly determine compliance between a development project seeking a building or related permit and not subject to discretionary review, with the provisions of this Code and the Yolo County General Plan. A Zoning Clearance is an “over-the-counter” review and approval of an application that is usually accomplished at the same time that a building permit is issued. The application is checked to ensure it is consistent with height, setback, parking, and other zoning standards or requirements for the specific zone district in which it is located, as set forth in this title.
(b) If an application is found to not be consistent with one or more zoning standards, the applicant must be required to modify the building plans or design to be consistent with the zoning, or the application must be resubmitted as a Variance or other discretionary action.
(c) No unique conditions of approval or development standards may be attached to a Zoning Clearance, although standard conditions or development requirements may be attached.
(Ord. 1445, eff. August 14, 2014)
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