§ 22.158

The Conditional Use Permit is established to regulate uses and development that may be appropriate in the applicable zone and require additional consideration to ensure proper integration with the surrounding community.

(Ord. 2019-0004 § 1, 2019.)

A.

Zones. This Chapter authorizes uses identified by this Title 22 as subject to the approval of a Conditional Use Permit.

B.

Additional Consideration. This Chapter also authorizes uses or development with unusual site features or operating characteristics requiring additional consideration to ensure that the use or development will be

compatible in design, location, and operation with adjacent properties and in the surrounding area.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Conditional Use Permit Checklist.

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

22.158.040 - Development Standards.

A.

Adequate Water Supply—Criteria. If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted without a Conditional Use Permit in the same zone, and will not comply with the provisions of Division 1 (Water) of Title 20 of the

County Code, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the findings required by this Chapter. If the Water Appeals Board grants a variance pursuant to any provision of Chapter 20.12 (Water Appeals Board) of said Division 1, permitting the proposed use with the existing or proposed water supply, this Section shall not apply.

(Ord. 2019-0004 § 1, 2019.)

22.158.050 - Findings and Decision.

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.230.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The proposed use will be consistent with the adopted General Plan for the area.

2.

The requested use at the location proposed will not:

a.

Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area;

b.

Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; and

c.

Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

3.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features prescribed in this Title 22, or as is otherwise required to integrate said use with the uses in the surrounding area.

4.

The proposed site is adequately served:

a.

By highways or streets improved as necessary to shorten trip length and reduce vehicle miles traveled for the kind and quantity of traffic such use would generate; and

b.

By other public or private service facilities as are required.

(Ord. 2022-0008 § 105, 2022; Ord. 2019-0004 § 1, 2019.)

A.

The Commission or Hearing Officer may impose conditions to ensure that the approval will be in accordance with the findings required by the application. Such conditions may involve any pertinent factors that could affect the establishment, operation, and maintenance of the requested use or development, including, but not limited to:

1.

Special yards, open spaces, and buffer areas;

2.

Fences and walls;

Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;

4.

Street and highway dedications and improvements, including sidewalks, curbs, and gutters;

5.

Water supply and fire protection in accordance with the provisions of Division 1 (Water) of Title 20 of the County Code;

6.

Landscaping and maintenance of grounds;

7.

Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation;

8.

Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

9.

Regulation of signs, including outdoor advertising;

10.

A specified validation period limiting the time in which development may begin;

11.

Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;

12.

A site plan indicating all details and data as prescribed in this Title 22; and

13.

Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accordance with all elements of the General Plan and the intent and purpose of this Title 22.

B.

Approval may also be contingent upon compliance with applicable provisions of any other federal, State, or County requirements.

(Ord. 2019-0004 § 1, 2019.)

Unless specifically modified by a Conditional Use Permit, all regulations prescribed in the zone in which such Conditional Use Permit is granted shall apply.

(Ord. 2019-0004 § 1, 2019.)

The building bulk provisions prescribed in the various zones shall not apply to uses permitted by Conditional Use Permit. In granting a Conditional Use Permit application, the Commission or Hearing Officer shall prescribe the height limit, maximum lot coverage, or floor-area ratio for the use approved. Where the Commission or Hearing Officer fails to specify said height limit, maximum lot coverage, or floorarea ratio, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.160 - CONDITIONAL USE PERMITS, MINOR