Chapter 18.112 — USE PERMITS — Lassen County Zoning Code

§ 18.112.010. Generally. ¶

Use permits which may be revocable, conditional or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. (Ord. 467-H § 2, 1991)

§ 18.112.020. Application. ¶

Application for a use permit, or for an amendment to an existing valid use permit, shall be made to the county in writing on a form prescribed by the planning department and shall be accompanied by plans, elevations, and any additional information necessary to show details of the proposed use or building. Such an application shall be accompanied by a fee set by the board of supervisors, no part of which shall be returnable to the applicant. An application to amend an existing valid use permit shall be processed in the same manner as an application for a new use permit as specified in this chapter.

(Ord. 467-H § 2, 1991; Ord. 467-AC § 30, 2003)

§ 18.112.035. Planning commission review of applications. ¶

(a) If a use permit application is to be considered by the county in conjunction with and contingent upon the approval of an application for a general plan amendment and/or a rezone, the planning commission's review of and recommendations regarding the use permit and the project as a whole shall be advisory to the board of supervisors. The board shall have the authority to approve, conditionally approve or deny the use permit application.
(b) If a use permit application is to be considered without a related general plan amendment and/or rezone application as described above, the planning commission shall have the authority to approve, conditionally approve or deny the use permit application, subject to the appeal provisions of this chapter.
(c) In the case of an application to amend an existing valid use permit, except for matters related to public health and safety, the commission's authority shall be limited to approval, conditional approval, or denial of the amendment applied for.
(Ord. 467-H § 2, 1991; Ord. 467-AC § 30, 2003)

§ 18.112.040. Public hearings. ¶

Public hearings shall be held by the Planning Commission and/or the Board of Supervisors as provided in Section 65091 of the California Government Code. (Ord. 467-H § 2, 1991; Ord. 2023-09, 11/14/2023)

§ 18.112.045. Notice of planning commission action — Use permit effective date. ¶

(a) Upon action by the planning commission to approve, conditionally approve or deny a use permit application, the secretary of the commission shall, within ten days, provide the applicant with notice of the commission's action. If the permit has been conditionally approved, the notice shall specify conditions of approval which must be complied with prior to issuance of an authorization to operate and those conditions pertaining to the operation of the use.
(b) A use permit is effective ten days from the planning commission's action, if no appeal is filed, or, if an appeal is filed, the use permit shall be effective on the date of the board of supervisor's approval of the use permit. Once the use permit is effective, the applicant can begin working

toward compliance with the preoperational conditions of approval, However, a use permit cannot be operated until an authorization to operate is issued in accordance with Section 18.112.080 . (Ord. 467-H § 2, 1991; Ord. 467-X § 12, 2000; Ord. 2023-09, 11/14/2023)

§ 18.112.050. Appeal. ¶

Any person not satisfied with the action of the planning commission under Section 18.112.035(b) may, within ten days of the notice of the commission's action, appeal in writing to the board of supervisors. A copy of such appeal shall be submitted to the planning commission. Said board shall render its decision within sixty days after the date of filing of such appeal. (Ord. 467-H § 2, 1991; Ord. 467-X § 13, 2000)

§ 18.112.060. Revocation. ¶

(a) In any case, where the conditions of approval for a use permit have not been, or are not being, complied with, the planning director shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. The planning commission shall conduct a public hearing in accordance with Section 18.112.040 . At the conclusion of the public hearing the planning commission may revoke such permit.
(b) Any decision by the planning commission (whether that be a decision to revoke the subject use permit or a decision to not revoke the use permit) is appealable in accordance with Section 18.112.050 .
(c) Once the revocation becomes final, the planning director shall record a notice of the revocation in the office of the Lassen County Recorder at no cost.
(Ord. 467-H § 2, 1991; Ord. 2023-09, 11/14/2023)

§ 18.112.065. Abandonment. ¶

(a) In any case, where a use permit has not met pre-operational conditions and been used legally, or extended under Section 18.112.070 , within one year after the effective date of approval, or where it appears a permittee has abandoned the process of obtaining an authorization to operate, said permit shall be deemed abandoned and the use permit granted shall become null and void.
(b) In any case, where the active construction or operation of a use permitted by a use permit ceases for a continuous period of twelve months or more, said permit shall be deemed abandoned and the use permit granted shall become null and void.
(c) When the planning director determines that a permit appears to be abandoned under this section, the permittee shall be notified of the director's intent to record a notice of permit abandonment and given opportunity, within thirty calendar days, to present evidence to the planning director substantiating that the permit has not been abandoned.
(d) The permittee may, within ten calendar days of the date of the planning director's notice, file an appeal to the planning commission of the determination by the planning director that the use has been abandoned under the provisions of this section. The matter shall be scheduled for a public hearing in accordance with the procedures set forth in Section 18.112.040 and be subject to the right of appeal to the Board of Supervisors as set forth in this chapter.
(e) When a use is confirmed to be abandoned after opportunity to the permittee to appeal the determination, a notice of abandonment shall be provided to the permittee and the planning director shall record said notice in the office of the Lassen County Recorder at no cost.

(Ord. 467-H § 2, 1991; Ord. 2023-09, 11/14/2023)

§ 18.112.070. Extension. ¶

(a) In the case where a use permit has not been used, and it appears that the use permit shall be abandoned subject to the provisions of Section 18.112.065 , the permittee may submit a letter to the planning commission, prior to the abandonment becoming final, requesting an extension of time. Such letter shall contain the reasons for the request.
(b) At its next regularly scheduled meeting, the planning commission shall grant or deny the extension of time. An extension of time may be granted for a period up to one year from the effective date of the extension. Only two extensions of time may be allowed.
(Ord. 467-H § 2, 1991; Ord. 2023-09, 11/14/2023)

§ 18.112.080. Authorization to operate. ¶

(a) On the effective date of an approved use permit, the permittee may proceed with development of the use subject to the conditions of approval, but shall not be authorized to operate the use until a written authorization to operate has been issued by the planning department as described below.
(b) An authorization to operate shall not be issued until the permittee has adequately demonstrated compliance with all conditions of approval which were identified as conditions to be met prior to establishment of the use.
(c) When a permittee believes that the specified conditions to establish the use have been adequately complied with, the permittee shall submit to the planning department a request for authorization to operate, together with documentation as required by the planning department to demonstrate compliance with said conditions and a statement of intent to continue compliance with all conditions of approval and payment of the fee specified in Section 3.18.020 .
(d) Within ten working days of receipt of a request, the planning department shall either confirm compliance with said conditions and issue an authorization to operate or advise the permittee to what extent compliance has not been adequately demonstrated. If issued, the planning director shall record said authorization to operate in the office of the Lassen County Recorder at no cost. If the authorization to operate is not issued, the permittee may thereupon prepare and submit renewed requests for authorization to operate with the necessary supporting documentation to the planning department. In each case, the planning department shall, within ten days, respond to a request as described above.
(e) Proceedings for revocation of a use permit shall comply with the hearing requirements set forth in this chapter.
(f) Operation of a use approved pursuant to this chapter prior to issuance of an authorization to operate shall be grounds for abatement as a public nuisance pursuant to Chapter 1.18 , as well as other enforcement actions pertaining to violation of this code.
(Ord. 467-H § 2, 1991; Ord. 2023-09, 11/14/2023)

§ 18.112.090. Permit administration fees. ¶

(a) The county may levy a permit administration fee to reimburse the county for the cost of administration of an approved use permit. Such costs include, but are not limited to, costs for

certification of compliance with conditions of approval and monitoring of environmental mitigation measures.

(b) Payment of the permit administration fee shall be payable prior to issuance of an authorization to operate.
(Ord. 467-H § 2, 1991)

§ 18.112.100. Mandatory findings. ¶

The following findings shall be made by the planning commission or board of supervisors, as applicable, in conjunction with any other findings which may be considered for the approval or denial of a use permit application:

(1) That the project will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such use, nor be detrimental or injurious to property and improvements in the neighborhood or to the general welfare.
(2) That the project is or is not consistent with the Lassen County general plan, or any applicable area plan or resource plan adopted as part of the general plan.
(Ord. 467-H § 2, 1991)