Kings County Zoning Code § 1707 Action of the Planning Commission

• A. The Planning Commission may grant an application for the Conditional Use Permit as the use permit was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes the following findings in support of a decision on the Conditional Use Permit application:

Planning Commission Actions & Conditional Use Permits

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1. The proposed use is consistent with the General Plan.

2. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA).

3. There will be no potential significant negative effects upon environmental quality and natural resources that could not be eliminated or avoided through mitigation or monitoring or (b) there will not be potential significant negative effects upon environmental quality and natural resources that could not be mitigated to the extent feasible, and a Statement of Overriding Considerations is adopted explaining why the benefits of the project outweigh the impacts that cannot be mitigated to a less than significant level.

4. The proposed conditional use complies with all applicable standards and provisions of this Development Code and the purposes of the district in which the site is located.

5. The design, location, size and operating characteristics of the proposed conditional use and the conditions under which it would be operated or maintained will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to the public health, safety, or welfare, or materially injurious to other permitted uses, properties. or improvements in the vicinity.

6. That no process, equipment or materials shall be used which, are found by the Planning Commission, to be substantially injurious to persons, property, crops, or livestock in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water carried wastes, noise, vibration, illumination, glare or unsightliness or to involve any undue risk of fire or explosion.

7. That no waste material shall be discharged into a public or private sewage disposal system except in compliance with the regulations of the owner of the system.

8. That all uses shall comply with the emission standards of the San Joaquin Valley Air Pollution Control District.

9. The site plan includes all applicable information as described in Article 16, Section 1602.A.5.

• B. When an application is being considered for a surface mining operation, the Planning Commission shall ensure that the application for the Conditional Use Permit for the surface mine complies with all of the requirements found in Chapter 17 of the Kings County Code of Ordinances , and that all findings included in said Chapter 17 are made by the Commission before granting the Conditional Use Permit.

• C. When an application is being considered for a hazardous waste management facility, the following findings shall be made before granting a Conditional Use Permit:

1. That all requirements of Article 8.7, "Procedures for the Approval of New Facilities" (commencing with Section 25199) of Chapter 6.5 of Division 20 of the Health and Safety Code as the requirements pertain to local land use decisions are carried out.

   2. That the Commission find that the proposed facility is consistent with the "Siting Criteria for Hazardous Waste Management Facilities" in the " Kings County Hazardous Waste Management Plan ", as approved by the California Department of Health Services and adopted by the Kings County Board of Supervisors as parts of the Safety and Land Use Elements of the 2035 Kings County General Plan .

• D. When an application is submitted for an expansion of a bovine dairy in the AL-10 zoning district, or when any other application is submitted for a dairy project as required by the Dairy Element of the 2035 Kings County General Plan , or this Development Code, the following findings shall be made before granting a Conditional Use Permit:

  1. That the Zoning Administrator has included in his or her report to the Planning Commission the results of consultation with representatives of the agencies listed in Section 412 of this Development Code before the Commission may grant the application:

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2. The Planning Commission finds that the technical report required by Policy DE 3.1a of the Dairy element of the 2035 Kings County General Plan accompanying the conditional use application, which will include its own additional environmental review, demonstrates that the alternative dairy project design or process will accomplish the same or higher level of performance as required by the Dairy Element .

• E. When an application is submitted for a solar photovoltaic electrical facility for commercial sales and distribution of electrical power in an agricultural zoning district, the Planning Commission shall make findings consistent with the standards listed in Section 1112.B.2 of this Development Code before granting a Conditional Use Permit.

• F. A Conditional Use Permit may be granted for a limited time period, and may be granted subject to such conditions as the Planning Commission may prescribe.

• G. The Commission shall deny an application for a use permit if the Commission is unable to make the findings necessary for granting the permit.

• H. The Commission's decision on the application shall become effective eight days following their decision, unless the Board of Supervisors initiates proceedings to review the decision of the Commission.