Staff approval permits, which are revocable, conditional and
valid for either a specified or an indefinite period of time, may
be issued for any of the uses which, under the terms of this title,
are permitted subject to first securing a staff approval permit. The
procedure for securing staff approval permits shall be as provided
in this chapter. A staff approval permit shall have the same effect
as a use permit, except that it is granted by the director of planning
and community development rather than by the planning commission.
(Ord. CS 106 §17, 1984)
Action by the director of planning and community development:
A. In
order to obtain a staff approval permit, the applicant must introduce
evidence in support of his application sufficient to enable the planning
director to find that the establishment, maintenance and operation
of the proposed use or building applied for will not, under the circumstances
of the particular case, be detrimental to the health, safety and general
welfare of persons residing or working in the neighborhood of the
use and that it will not be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the
county.
B. The
planning director may impose such conditions in connection with the
staff approval permit as he deems necessary to secure the purpose
of this title and may require a bond, undertaking or other assurance
that such conditions are being or will be complied with.
C. If
the planning director, after receiving and considering the evidence,
and any proposed conditions, is unable to make the foregoing findings,
the staff approval permit shall be denied. In cases where the staff
approval permit is denied, the planning director shall state his reasons
for the denial.
(Ord. CS 106 §17, 1984)
For the purpose of this chapter, the following shall be considered
to be uses, the expansion, change or modification of which shall be
subject to review and staff approval of the director of planning and
community development, when the changes do not alter the present character
of the uses. The approval may include conditions deemed necessary
and reasonable to carry out the intent of this title. Any such decision
may be appealed to the planning commission, in writing, within ten
days of the decision.
A. Minor
changes in legal nonconforming or other legal uses which, in the opinion
of the director of planning and community development, do not change
the nature of, or add new uses to, the legally established use and
which do not expand the area of the building or use by more than twenty-five
percent.
B. Replacing
one dwelling or mobile home with another while continuing to live
in the existing dwelling until completion or occupancy of the replacement.
A financial guarantee shall be required equal to one dollar per square
foot of the dwelling being replaced or one thousand dollars, whichever
is greater.
C. One
single-family dwelling on a parcel legally created that is less than
twenty acres in size and located in the A-2-40 or -160 (general agriculture)
zoning district.
The following findings must be made in addition to the findings required pursuant to Section
21.100.030:
1. The dwelling would be consistent with the county's general plan;
2. The dwelling would not likely create a concentration of residential
uses in the vicinity or induce other similarly situated parcels to
become developed with single-family dwellings; and
3. The dwelling will not be substantially detrimental to or in conflict
with agricultural use of other property in the vicinity.
D. One
"small wind energy system" shall be allowed on a legally created parcel
of at least one acre in area located within the A-2 (general agriculture)
zoning district, providing the following criteria are met:
1. Tower heights of not more than sixty-five feet shall be allowed on
parcels between one and five acres and tower heights of not more than
eighty feet shall be allowed on parcels of five acres or more, provided
that the application includes evidence that the proposed height does
not exceed the height recommended by the manufacturer or distributor
of the system.
2. Setbacks for the system tower shall be no farther from the property
line than the height of the system, provided that it also complies
with any applicable fire setback requirements pursuant to Section
4290 of the
Public Resources Code.
3. Decibel levels for the system shall not exceed the lesser of sixty
decibels (dBA), existing maximum noise levels applied pursuant to
the noise element of a general plan for the applicable zoning classification
in a jurisdiction, as measured at the closest neighboring inhabited
dwelling, except during short-term events such as utility outages
and severe wind storms.
4. The system's turbine must have been approved by the California Energy
Commission as qualifying under the Emerging Renewables Fund of the
commission's Renewables Investment Plan or certified by a national
program recognized and approved by the Energy Commission.
5. The application shall include standard drawings and an engineering
analysis of the system's tower, showing compliance with the Uniform
Building Code or the
California Building Standards Code and certification
by a professional mechanical, structural, or civil engineer licensed
by this state. However, a wet stamp shall not be required, provided
that the application demonstrates that the system is designed to meet
the most stringent wind requirements (Uniform Building Code wind exposure
D), the requirements for the worst seismic class (Seismic 4), and
the weakest soil class, with a soil strength of not more than one
thousand pounds per square foot, or other relevant conditions normally
required by a local agency.
6. The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title
14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the
Public Utilities Code). In the event a small wind energy system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the local agency shall take reasonable steps, concurrent with other notices issued pursuant to this subdivision, to notify pest control aircraft pilots registered to operate in the county pursuant to Section 11921 of the Food and Agriculture Code.
7. The applicant shall provide information demonstrating that the system
will be used primarily to reduce onsite consumption of electricity
and, unless the applicant does not plan to connect the system to the
electricity grid, that the electric utility service provider that
serves the proposed site has been informed of the applicant's intent
to install an interconnected customer-owned electricity generator.
Applicants must submit evidence in support of each of the above
criteria. Small wind energy systems shall also comply with all requirements
of Section 65892.13 of the California Government Code and any other
additional and/or subsequent regulations pertaining to such systems
as may be adopted by the state of California.
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E. Corn
mazes, hay mazes and similar seasonal activities when accessory to
an approved produce stand or produce market and not conducted in excess
of three occasions, nor more than a combined total of forty-five days,
within any one calendar year and where the site is returned to its
previous condition within seven days of the ending of each activity.
The activities shall comply with the required setbacks and provide
off-street parking as determined necessary by the planning director.
Conditions of approval shall be imposed as necessary to insure compliance
with all applicable fire, building, and health codes.
A staff approval for the activities shall be obtained at least thirty days prior to operation and shall be subject to yearly renewal. The property owner shall be notified six months in advance if the permit will not be renewed. Any notice of non-renewal may be appealed subject to Section
21.112.020 of this code. Any approved activity not conducted for a period of one calendar year shall be deemed expired and a new staff approval required.
(Ord. CS 106 §17, 1984; Ord. CS 741 §6, 2000; Ord. CS 798 §1, 2002; Ord. CS 890 §9, 2004; Ord.
CS 894 §1, 2004; Ord. CS 1020 §11, 2007)