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(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)
(a) The purpose of the Site Plan Review approval process is to determine compliance between a more complicated development project seeking a building or related permit, not subject to discretionary review, with the provisions of this Code and the Yolo County General Plan. A Site Plan Review is triggered by a development application or use that is allowed “by right” yet is subject to specific zoning standards. These applications require a more thorough and lengthy review than a simple Zoning Clearance.
(b) Development standards or simple conditions may be attached to a Site Plan Review approval, consistent with the requirements for the Use Type of the application and the zone within which it is located.
(c) Approval of a Site Plan Review shall be required, at the discretion of the Director, in the following instances:
(1) For the establishment or change of use of any land, building, or structure, including complex or extensive uses of agriculturally-zoned land, that is allowed “by right,” requires a building permit, and is subject to specific zoning or development standards; and
(2) For the construction, erection, enlargement, alteration, or moving of large and/or multiple buildings or structures, including farm residences; provided, however, no such approval shall be required for growing field, garden, or tree crops or for general farming operations.
(d) Site Plan Review applications shall be submitted to the Planning Division, which shall approve, conditionally approve, or disapprove, such application or set the application on the agenda of the Planning Commission for interpretation and determination. Standard conditions that have been drafted to be specific to the proposed use may be placed on the approval of a Site Plan Review application by the Planning and other Divisions or Departments. The application shall be denied unless it is found to satisfy the requirements of this Code and the policies and standards of the General Plan.
(e) Whenever the proposed Site Plan Review has been approved, and no such use has been initiated within one (1) year after the date of such approval, the approval shall thereupon become null and void, unless a permit extension has been requested and granted.
(f) A Site Plan Review permit may be extended for a period not to exceed one (1) year by the Department.
(g) The decision of the Planning Director, Planning Division, Building Division or any other County department or official shall take effect, and appeals thereof made and considered, in the manner provided in Section 8-2.225 of this article.
(Ord. 1445, eff. August 14, 2014)
The following section describes the types of discretionary and other permits that may be approved or denied by the Zoning Administrator.
(a) The Zoning Administrator, after holding a public hearing, may approve Minor Use Permits, upon adoption of Findings as set forth in Section 8-2.217.
(b) The Zoning Administrator may approve Minor Variances to the otherwise applicable standards and design criteria set forth in this subsection, and to the extent set forth, after making the Findings set forth in Section 8-2.218. Variances that exceed the modifications in the applicable standards and design criteria are Major Variances that must be considered by the Planning Commission. Minor Variances include:
(1) In any zone, modifications of the front, side, or rear yard setback requirements; provided, however, the total modification shall not reduce the applicable setbacks to less than seventy-five (75%) percent of those otherwise required in the zone;
(2) In any zone, modifications of building heights; provided, however, such building heights shall not exceed one hundred twenty-five (125%) percent of the otherwise applicable maximum height in the zone;
(3) In any zone, modifications of the minimum lot area, width, and depth; provided, however, such modifications shall not reduce the total lot area to less than seventy-five (75%) percent of that otherwise required in the zone; and
(4) In any zone, modifications of the maximum area or height of signs otherwise applicable in the zone; provided, however, such modifications shall not result in a sign exceeding one hundred twenty-five (125%) percent of either the maximum height or maximum size otherwise applicable in the zone.
(c) The Zoning Administrator shall process applications for mergers of parcels and/or lot line adjustments pursuant to Chapter I of this title. Mergers and Lot Line Adjustments are not subject to a public hearing and do not require public notice to surrounding property owners.
(d) The Zoning Administrator may approve minor modifications to existing Use Permits, including those approved by the Commission pursuant to Section 8-2.217. Such minor modifications shall be approved only if Findings are adopted that such modifications substantially conform with the plans or standards approved by the Commission or Zoning Administrator and that the appearance and function of the total development and the surrounding development will not be significantly adversely affected as a result of such modification.
(e) The Zoning Administrator may approve minor modifications of the detailed development plans or detailed development standards in Planned Development (PD) Zones approved by the Planning Commission pursuant to this chapter. Such minor modifications may be approved only if Findings are adopted that such modifications are in substantial conformity with the plans or standards approved by the Commission, and that the appearance and function of the total development will not be significantly adversely affected as a result of such modification.
(f) The Zoning Administrator may approve extensions of time for Use Permits and Variances, including those approved by the Planning Commission. Such extensions shall be approved only if Findings are adopted that circumstances under which the permit was granted have not changed. Such extensions shall be approved for no more than two (2) years.
(g) The Zoning Administrator may approve modifications of the off-street parking requirements set forth in Article 13 of this chapter; provided, however, the total variance shall not reduce the off-street parking to less than seventy-five (75%) percent of that otherwise required off-street parking. Such modifications shall be authorized only if it is found that the off-street parking, as modified, provides, either on the same site or on some reasonably and conveniently located site, adequate parking, loading, turning, and maneuvering space to accommodate substantially such needs as are generated by the use and will not result in a safety hazard to the users of the site or surrounding areas.
(h) Surfacing materials required to satisfy the paving requirements for off-street parking and loading may be modified by the Zoning Administrator when the Zoning Administrator finds that the location of the parking or storage area or the nature or weight of the vehicles or equipment is such as to make the normally required surfacing materials unnecessary.
(i) The Zoning Administrator may defer to the Planning Commission a decision on any discretionary permit application noted above. The Planning Commission shall then hold the public hearing and make all required findings and decisions. The reasons for the Zoning Administrator to defer decisions on any of the above discretionary permits to the Planning Commission may include, but are not limited to, the following:
(1) The project may result in significant adverse environmental impacts which cannot be mitigated to less than significant levels;
(2) The project involves substantial controversy;
(3) The project is in conflict with County policies;
(4) The project may be precedent setting;
(5) The Zoning Administrator has determined that the project should be reviewed by the Planning Commission in order to best protect the public welfare.
(Ord. 1445, eff. August 14, 2014)
(a) The purpose of a Use Permit shall be to allow the proper integration into the community of uses which may be suitable only in specific locations in a zone or only if such uses are designed or laid out on the site in a particular manner.
(b) Applications for Use Permits shall be filed by the owner or his/her authorized agent in the office of the Community Services Department, on forms provided by the Department, accompanied by a fee, a Site or Plot Plan, and any other drawings or information as may be required to fully describe the request, as set forth in Section 8-2.209. No application may be filed which proposes any use which is not consistent with the General Plan of the County, as amended. The rejection of applications on the basis of inconsistency may be appealed as provided in Section 8-2.225 of this chapter.
(c) The Planning Commission or Zoning Administrator shall hold a public hearing on the requested Use Permit, notice of which shall be given by mail as provided in Section 8-2.211. The Planning Commission or Zoning Administrator may approve, conditionally approve, or disapprove an application for a Use Permit. The Planning Commission shall act on applications for Major Use Permit, as that term is defined in this title, and the Zoning Administrator shall have the discretion to act on applications for a Minor Use Permit, as that term is defined in this title, or send the Minor Use Permit application to the Planning Commission.
(d) If the Planning Commission or Zoning Administrator approves a Use Permit application, it may attach such Conditions of Approval, including standard and specific design, development, and performance requirements, infrastructure requirements, standard time limitations, guarantees, amortization schedules, assurances, and requirements, as may be necessary to accomplish the objectives set forth in this chapter and the requirements of the General Plan. The Planning Commission and Zoning Administrator may impose such Conditions of Approval as are necessary to allow the findings set forth in this subsection to be made and may require the applicant to execute and record documents which insure that such conditions run with the land.
(e) In granting a Use Permit, the Planning Commission or Zoning Administrator, with due regard to the nature and condition of all adjacent structures and uses, the zone within which the structures and uses are located, and the General Plan, shall find the following general conditions to be fulfilled:
(1) The requested use is listed as a conditional use in the zone regulations or elsewhere in this chapter;
(2) The requested use is essential or desirable to the public comfort and convenience;
(3) The requested use will not impair the integrity or character of the neighborhood nor be detrimental to the public health, safety, or general welfare;
(4) The requested use will be in conformity with the General Plan;
(5) Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities will be provided;
(6) The requested use, if located in an agricultural zone, will serve and support production of agriculture, the agricultural industry, or is otherwise agriculturally related; or if the use is not agriculturally related (e.g., solar or wind energy, rural recreation, and other non-agricultural uses), the use is listed as a conditional use consistent with subsection (1), above, and generally relies on a rural location; and
(7) The requested use, if located in an agricultural zone, and if proposed on prime farmland, cannot be reasonably located on lands containing non-prime farmland.
(f) Revocation and modification. A Use Permit may be revoked or modified as provided by the provisions of this section. For purposes of this section, such modification may include the modification of the terms of the permit itself or the waiver, alteration, or imposition of new conditions.
(1) Grounds for Revocation or Modification. Revocations or modifications may be made upon a finding of any one or more of the following grounds:
a. That such permit was obtained by fraud or misrepresentation;
b. That any person making use of or relying upon the Use Permit is violating or has violated any conditions of the permit, or that the use for which the Use Permit was granted is being, or has been exercised contrary to the terms or conditions of such approval;
c. If the use for which the Use Permit was granted is being, or has been exercised in violation of any state law, ordinance or regulation adopted pursuant;
d. That the use for which the Use Permit was granted is so conducted as to be a nuisance or detrimental to the public health, welfare, or safety; or
e. That the use for which the Use Permit was granted has been materially altered or expanded beyond the scope of the use originally authorized. Factors such as, but not limited to, increased number or size of structures, finding that a nuisance exists, or alteration of the approved project plan may be cause for modification or revocation of a conditional use permit.
(2) Automatic revocation. If the permittee has not taken substantial steps towards putting the property into the use for which the Use Permit was granted within the time limit set when granted, or within one year after the date of the hearing if no specific time has been set, and an extension of time has not been approved by the Planning Commission or the Zoning Administrator according to Section 8-2.216(f), the Use Permit shall be deemed to be null and void without further action.
(3) Initiation of Action. An action to revoke or modify a Use Permit may be initiated by order of the Board of Supervisors or Planning Commission, on its own motion or on the request of the Planning Director or Zoning Administrator, or his/her authorized designee(s).
(4) Proceedings for Revocation or Modification.
a. Guidelines. Unless otherwise required by California law or this subsection (4), the adopted guidelines for quasi-judicial appeals and hearings shall apply to procedures arising under this chapter. As set forth in the guidelines, the chair of the hearing body may modify or waive provisions of the guidelines as appropriate. The guidelines do not create any additional rights and any failure to follow these guidelines shall not affect the validity of the hearing or the decision made.
b. Public hearing; notice. Any action to revoke or modify a Use Permit shall require a public hearing held by the Planning Commission or Zoning Administrator, whichever granted the Use Permit, and notice given pursuant to Section 65091 of the Government Code.
c. Notice contents. The contents of the notice shall contain the following information:
(i) Date, time and place of the public hearing;
(ii) A general explanation of the matter to be considered at the public hearing including the basis therefor; and,
(iii) A general description, in text or by diagram, of the location of the real property, if any, that is the subject of the public hearing.
d. Conduct of hearing. The public hearing shall be conducted as follows:
(i) The Planning Commission or Zoning Administrator will hear sworn testimony and consider other evidence concerning the proposed action;
(ii) County staff and the permittee may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine any and all witnesses.
(iii) Formal rules of evidence or procedure shall not apply, including rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
(iv) The standard of proof shall be by a preponderance of the evidence.
(g) The decision of the Planning Commission or the Zoning Administrator shall take effect, and appeals thereof made and considered, in the manner provided in Section 8-2.225.
(h) No Use Permit which has been approved by the Planning Commission or Zoning Administrator shall become valid prior to the expiration of the appeal period, as set forth in Section 8-2.225, or the final action on an appeal to the Board of Supervisors.
(Ord. 1445, eff. August 14, 2014; as amended by Ord. 1543, eff. October 14, 2021)
(a) The purpose of a Variance is to allow variation from the strict application of the provisions of this chapter where special circumstances pertaining to the physical characteristics and location of the site are such that the literal enforcement of the requirements of this chapter would involve practical difficulties or would cause hardship and would not carry out the spirit and purposes of this chapter and the provisions of the General Plan.
(b) Applications for Variances shall be filed by the owner or his authorized agent in the office of the Planning, Public Works and Environmental Services Department, on forms provided by the Department, accompanied by a fee, a Site or Plot Plan, and any other drawings or information as may be required to fully describe the request, as set forth in Section 8-2.209. No application may be filed which proposes any Variance which is not consistent with the General Plan of the County, as amended. The rejection of applications on the basis of inconsistency may be appealed as provided in Section 8-2.225 of this chapter.
(c) The Planning Commission or Zoning Administrator shall hold a public hearing on the requested Variance, notice of which shall be given by mail as provided in Section 8-2.211. The Planning Commission or Zoning Administrator may approve, conditionally approve, or disapprove an application for a Variance. The Planning Commission shall act on applications for Major Variance, as that term is defined in this title, and the Zoning Administrator shall have the discretion to act on applications for a Minor Variance, as that term is defined in this title, or send the Minor Variance application to the Planning Commission.
(d) If the Planning Commission or Zoning Administrator approves a Variance application, it may attach such Conditions of Approval, including standard and specific design, development, and performance requirements, infrastructure requirements, standard time limitations, guarantees, amortization schedules, assurances, and requirements, as may be necessary to accomplish the objectives set forth in this chapter and the requirements of the General Plan. The Planning Commission and Zoning Administrator may impose such Conditions of Approval as are necessary to allow the findings set forth in this subsection to be made and may require the applicant to execute and record documents which insure that such conditions run with the land.
(e) The Planning Commission or Zoning Administrator shall grant a Variance only when, in accordance with the provision of Section 65906 of the California Government Code, all of the following circumstances are found to apply:
(1) That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated;
(2) That, because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classification;
(3) That the Variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property, excluding uses allowed by conditional Use Permit; and
(4) That the granting of such Variance will be in harmony with the general purpose and intent of this chapter and will be in conformity with the Master Plan.
(f) In the event the conditions of a Variance have not been, or are not being, complied with, the Planning, Public Works and Environmental Services Department shall give the permittee notice of intention to revoke such Variance at least ten (10) days prior to a Planning Commission review thereon. After the conclusion of the review, the Planning Commission may revoke such Variance.
(g) In the event the project or use for which the Variance was granted has not commenced within the time limit set by the Planning Commission or the Zoning Administrator, or within one (1) year after the date of the hearing if no specific time has been set, and an extension of time has not been approved by the Planning Commission or the Zoning Administrator according to Section 8-2.216(f), the Variance shall be deemed to be null and void without further action.
(h) The decision of the Planning Commission or the Zoning Administrator shall take effect, and appeals thereof made and considered, in the manner provided in Section 8-2.225.
(i) No Variance which has been approved by the Planning Commission or Zoning Administrator shall become valid prior to the expiration of the appeal period, as set forth in Section 8-2.225, or the final action on an appeal to the Board of Supervisors.
(Ord. 1445, eff. August 14, 2014)
(a) Applications and approvals of Tentative Parcel Maps and Tentative Subdivision Maps, and (Final) Parcel Maps and Final Subdivision Maps, shall be processed according to the provisions of the State Subdivision Map Act (Section 66410 et seq. of the California Government Code) and the provisions of this article and Chapter 1 of this title.
(b) Applications for all Tentative Parcel Maps and Tentative Subdivision Maps shall be heard and decided by the Planning Commission, unless a concurrent application requires legislative action by the Board of Supervisors, such as a rezoning. The Planning Commission is authorized by this section to serve as an “advisory agency” as that phrase is defined (Section 66415) and used (Sections 66473.5, 66474, 66474.6, and 66474.7) in the State Subdivision Map Act.
(c) Any interested party may appeal a final decision of the Planning Commission regarding any Tentative Parcel Map or tentative Subdivision Map to the Board of Supervisors, in the manner provided in Section 8-2.225. An appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider under Section 66452.5 of the State Subdivision Map Act.
(d) Applications for (Final) Parcel Maps and Final Subdivision Maps shall be accepted by the Board of Supervisors.
(e) The Planning Commission shall consider extensions of time for Tentative Maps, consistent with Sections 66452.6 and 66463.5 of the State Subdivision Map Act. The Planning Commission is authorized by this section to approve or conditionally approve the extension of a Tentative Map only if findings are adopted that circumstances under which the Tentative Map was approved have not changed. Any such decision to approve, conditionally approve, or deny an extension of time may be appealed as set forth in subsection(c), above.
(Ord. 1445, eff. August 14, 2014; as amended by § 5, Ord. 1497, eff. June 7, 2018)
(a) The following is a list of other ministerial and discretionary permits that may not be identified by name in this article but which may be issued by the County:
(1) Business License, Home Occupation, or Itinerant Vendor Permit
(2) Historic Site Plan Review or Permit
(3) Master Subdivision Site Plan Review
(4) Public Works permits such as Encroachment, Transportation, Parade, etc.
(5) Lot Line Adjustment
(6) Minor and Major Certificate of Compliance
(7) Gas or Oil Well Permit
(8) Animal Density Permits
(9) Lot Merger
(10) Annual Development Agreement Review
(11) Establishment of a Williamson Act Contract
(12) Approval of a Williamson Act Successor Agreement
(13) Minor Agricultural Contract Division
(14) Certificate of Correction
(15) Minor or Major Code Interpretation
(16) Minor Use Permit Amendment or Extension
(17) Major Use Permit Amendment or Extension
(18) Tentative Parcel or Subdivision Map Extension
(19) Reversion to Acreage
(20) ABC License Use Permit, for beer, wine, and spirits
(21) Model Water Efficiency Landscape Plans
(Ord. 1445, eff. August 14, 2014)
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