Calaveras County Municipal Code Ch. 17.31 Conditional Use Permits

The conditional use permit review and approval process is intended to apply to uses that are consistent with the goals, objectives, and policies of the general plan and purposes of the zone where they are proposed but that pose potential land use compatibility issues that require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.

Approval of a conditional use permit is required for uses or developments specifically identified "C" in Subtitle II, Base Zoning Districts, and/or any other section of this title which requires a conditional use permit.

The planning commission shall act as the review authority for conditional use permits based on consideration of the requirements of this chapter.

A. Application. Applications for conditional use permits shall be filed with the planning department on the prescribed application forms. In addition to any other application requirements, the application for a conditional use permit shall include data or other evidence in support of the applicable findings required by Section 17.31.050, Required Findings.

B. Public Notice and Hearing. All applications for conditional use permits require public notice and hearing before the planning commission pursuant to Chapter 17.27, Common Procedures.

The review authority must make all the following findings to approve or conditionally approve a conditional use permit application. The inability to make one or more of the findings shall result in denial of an application.

A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title and all other titles of the Calaveras County Municipal Code; and

B. The proposed use is consistent with the general plan and any applicable specific plan; and

C. The proposed use will not have the potential to adversely affect the public health, safety, or general welfare of the community, nor unreasonably detrimental to surrounding properties or improvements; and

D. The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this title; and

E. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and

F. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.

In approving a conditional use permit, the review authority may impose reasonable conditions or restrictions to achieve the following outcomes.

A. Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the board of supervisors; and

B. Achieve the general purposes of this title or the specific purpose of the zone in which the project is located; and

C. Achieve the findings for a conditional use permit listed in Section 17.31.050, Required Findings; and

D. Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act (CEQA).

The review authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A. Appeals. conditional use permit decisions are subject to the appeal provisions of Section 17.27.140, Appeals.

B. Expiration, Extensions and Revisions. conditional use permit approval is subject to the effective dates, expiration, and extension provisions of Section 17.27.110, Effective Dates; Expiration and Extension.

C. Revocation. conditional use permit approval may be revoked pursuant to Section 17.27.130, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.