A.
Purpose.
The purpose of this chapter is to provide procedures for reviewing
land uses that may be appropriate in the applicable zone, but whose
effects on a site and surroundings cannot be determined before being
proposed for a specific site.
B.
Discretionary
Permits. Conditional Use Permits are discretionary permits for uses
of land that require special review to ensure they are compatible
with the neighborhood and surrounding uses. They are considered more
likely to have greater impacts than uses allowed by right or by Administrative
Permit.
C.
Special
Consideration. Certain types of land uses may require special conditions
in a particular zone or physical location within the County as a whole
because they have unique characteristics or potential impacts to the
surrounding area that make automatic inclusion as permitted uses either
impractical or undesirable.
D.
Intent.
Conditional Use Permit procedures are intended to provide sufficient
flexibility to further the objectives of this Zoning Code and to provide
the County with the opportunity to impose project conditions in order
to mitigate potential impacts that could result from allowing requested
use(s).
(Ord. 1976 § 2, 2019)
Approval of a Conditional Use Permit is required to authorize
proposed land uses specified by Article 2 (Zones, Allowable Uses,
and Development Standards) as being allowable in the applicable zone
when subject to the approval of a Conditional Use Permit.
(Ord. 1976 § 2, 2019)
A.
Application. An application for a Conditional Use Permit shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Conditional Use Permit applications, together with the required fee in compliance with the Fee Schedule.
B.
Responsibility of Applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.116.040 (Findings and Decision) below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.070 (Initial Application Review).
C.
Review Authority. Conditional Use Permits shall be approved, conditionally approved, or denied by the Commission, except as specified in Chapter 18.66 (Density Bonus for Affordable Housing) where the Board is the Review Authority for applications, with the Commission first making a written recommendation to the Board.
D.
Project
Review, Notice, and Hearing.
1.
Send Out For Referrals. After the applicant submits the proper application,
forms, site plans, and processing fees to the Department, and the
application is determined by the Director to be complete, the Director
will send the application to affected agencies and County departments
for review and comment.
2.
Public Hearing Required. The Commission shall conduct a public hearing
on an application for a Conditional Use Permit before making a decision
on the application.
(Ord. 1976 § 2, 2019)
The Commission may approve or conditionally approve a Conditional
Use Permit only after first making all of the following findings:
A.
The
proposed use is consistent with the General Plan and any applicable
specific plan;
B.
The
proposed use is allowed within the subject zone and complies with
all other applicable provisions of this Zoning Code and the County
Code;
C.
The
design, location, size, and operating characteristics of the proposed
use are compatible with the allowed uses in the vicinity;
D.
Operation
of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the County, or endanger, jeopardize,
or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working
in the vicinity of the proposed use; and
E.
The
project site is:
1.
Physically suitable in terms of design, location, operating characteristics,
shape, size, topography, and the provision of public and emergency
vehicle (e.g., fire and medical) access and services and utilities;
2.
Served by highways and streets adequate in width and improvement
to carry the type and quantity of traffic the proposed use would likely
generate; and
3.
Adequately served by public water and sewer and/or private septic
and wells.
(Ord. 1976 § 2, 2019)
In approving a Conditional Use Permit, the Review Authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 18.116.040 (Findings and Decision).
(Ord. 1976 § 2, 2019)
A.
A Conditional Use Permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter, except as specified in subsection B.
B.
Any
Conditional Use Permit that is not actively exercised for a continuous
period of 12 months shall become invalid.
(Ord. 1976 § 2, 2019)
Changes to an approved Conditional Use Permit may only be requested and processed in compliance with Section 18.130.090 (Changes to an Approved Project).
(Ord. 1976 § 2, 2019)
The procedures and requirements in Chapter 18.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Conditional Use Permit application.
(Ord. 1976 § 2, 2019)
