Sec. 1701. Purpose and Objectives:

• A. In certain districts, conditional uses are permitted subject to the granting of a use permit. Because of their unusual characteristics and potential for causing significant adverse environmental effects, conditional uses require special consideration so that they may be located properly with respect to their effects on surrounding properties and the environment. In order to achieve these purposes and thus give the district use regulations of this Development Code the flexibility necessary to achieve the objectives of this Development Code, the Planning Commission (“Commission”) is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to review of the Board of Supervisors (“Board”).

• B. The purpose of this Article is to provide a process for reviewing Conditional Use Permit applications which are intended to allow the establishment of uses that have special impact, uniqueness, or effect on the neighborhood surrounding the subject site. The permit application process allows for the review of the location and design of the proposed use, configuration of improvements, potential impacts on the surrounding neighborhood, and to ensure that development in each zoning district protects the integrity of that district.

Sec. 1702. Powers of Planning Commission: The Planning Commission is the administrative agency authorized to grant use permits for such conditional uses in such districts as are prescribed in the district regulations of this Development Code, subject to review by the Board of Supervisors, in accordance with the procedure prescribed in this article. If an application for a change of district boundaries has been filed with the Planning Commission, an application for a Conditional Use Permit of property included in the application for change of district boundaries is granted by amendment of the Development Code. The Planning Commission, when considering an application for a conditional use, shall impose such conditions upon the granting of the use permit which are necessary for the protection of the public health, safety and general welfare, the environment, and which are necessary to achieve the objectives of this Development Code. See Section 804 of this Development Code for conditions required by the Planning Commission for projects in the Industrial zoning district.

Planning Commission Actions & Conditional Use Permits

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Sec. 1703. Conditional Use Permit Application and Fee. Land uses listed in particular zoning districts as “Conditional uses – Planning Commission Approval” require the applicant to file an application for a Conditional Use Permit pursuant to this Article. Approval of the application must be granted by the Planning Commission prior to the use commencing.

• A. Application: The application for a Conditional Use Permit shall be made to the Planning Commission on the “Uniform Application Form” described in Section 1602.A of this Development Code and shall include all applicable information listed in Section 1602 including the site plan drawing as well as the following information specific to conditional uses:

  1. The application shall include an “Environmental Information Form”, also available on-line at www.countyofkings.com/planning or from the Community Development Agency, for projects which are subject to environmental review.

  2. Applications for new bovine dairies, or dairy calf and heifer raising facilities, and applications for the expansion of existing bovine dairies, or expansion of dairy calf and heifer raising facilities, shall be approved through the Conditional Use Permit process if the application DOES NOT MEET all of the specified criteria in the Dairy Element of the Kings County General Plan. The applicant shall submit one paper copy of the application and technical report required by Policy DE 3.1a of the Dairy element of the 2035 Kings County General Plan together with 21 copies of the application and technical report submitted on CD, DVD or USB Flash Drive. The paper copy shall have original signatures affixed where signatures are required. Refer to Section 413 of this Development Code for further information.

  3. Applications for new permanent freestanding or detached signs or off-site advertising structures and applications with site plans where such signs are included shall include architectural drawings of the freestanding or detached sign structure and include the dimensions of each element of the sign. The architectural drawing shall also include the aggregate structural area and aggregate copy area of the sign as described in Article 14, Section 1404.

  4. The Planning Commission and the Zoning Administrator may require submission of reports by technical consultants or other evidence in addition to the data required in Section 1602.

B. Application Fees :

1. Fee classifications for proposed projects.

   • a. The application shall be accompanied by a fee set by the Board of Supervisors sufficient to cover the cost of processing the application pursuant to this article. All fees shall be paid at the time the application is filed and no processing shall commence until the fees are paid in full.

2. Fee classifications for projects where work has been started or a use commenced without a permit.

   • a. Prior to the issuance of a Notice of Violation: If the application is submitted after a use that requires a zoning permit has begun operation, but prior to the issuance of a Notice of Violation, the application fee shall be the normal fee that is set by the Board of Supervisors.

   • b. After the issuance of a Notice of Violation: If the application is submitted after a use that requires a zoning permit has begun operation, and a Notice of Violation has been issued, the application fee shall be double the normal fee that is set by the Board.

• c. 30 days after the issuance of a Notice of Violation : If the application is submitted after a use that requires a zoning permit has begun operation and 30 days or more after a Notice of Violation has been issued, the community development agency may use any lawful means prescribed in Article 24 of this ordinance to gain compliance.

3. If, pursuant to Article 1, Section 112 of this Development Code, the County determines that a project may incur extraordinary costs, the County may require the applicant to indemnify the County for those extraordinary costs associated with processing such project, or from legal challenges to its actions.

Planning Commission Actions & Conditional Use Permits

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Sec. 1704. Investigation and Report: The Zoning Administrator shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission. Such report shall include a recommendation as to the action to be taken by the Commission together with a statement supporting such recommendation.

• A. The Zoning Administrator’s investigation shall include documentation of the results of consultation with representatives of the following agencies as appropriate:

Kings County Agricultural Commissioner (EAC)

Kings County Public Works Department (EAC)

Kings County Health Officer, Environmental Health Division EAC)

Kings Mosquito Abatement District (for projects with basins) (EAC)

U.C. Cooperative Extension Service Farm Advisor (EAC)

Kings County Building Official/Code Compliance Division

Kings County Fire Department

Kings County Economic Development Corporation

Kings County Association of Governments (if project has the potential for causing adverse air quality, transportation, and climate change impacts)

Kings County Museum Advisory Committee (if project involves removal, destruction, or alteration of proposed or designated historic sites or County landmarks)

Kings Area Rural Transit

City of Avenal, Corcoran, Hanford or Lemoore (if the project is within the primary sphere of influence)

Kings River Conservation District (for construction on property that abuts the Kings River or its levees)

Central Valley Flood Protection Board (for construction on property that abuts the Kings River or its levees)

San Joaquin Valley Air Pollution Control District

Caltrans, District 6 (if project is within one mile of a State Highway or Interstate 5)

California Air Resources Board (if project has the potential for causing adverse air quality)

U.S. Fish and Wildlife Service

Any appropriate utility services, Community Service District or Public Utility District

Any other agency as determined by the Zoning Administrator

• B. Refer to Article 1, Sections 110.E and 111 for additional information concerning compliance with the California Environmental Quality Act (CEQA).

Sec. 1705. Public Hearing Notice: The Planning Commission shall hold a public hearing on each application for a Conditional Use Permit.Notice of the public hearing shall be given as set forth in Section 1903 of this Development Code.

Sec. 1706. Public Hearing Procedure: At the public hearing, the Planning Commission shall review the application and the statement and drawings submitted therewith and the report of the Zoning Administrator and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 1707 below.