Modoc County Municipal Code Ch. 18.128 Use Permits

A use permit may be granted for any of the uses or purposes for which use permits are required in this title, as provided in this chapter. Every use permit shall fully describe all uses and buildings existing on the lot on the date the application is approved, and thereafter, the only uses and buildings permitted on the lot are those described in the use permit.

(Ord. 236-73 Exh. A(part), 1991)

A. Form and contents: An application for a use permit shall be made to the planning department on a form prescribed by the planning director, and shall be accompanied by (1) a clear and concise description of the existing and proposed uses and accompanying activities, (2) plans, maps, or other documents, reproducible and drawn to scale, showing the project location and details of the proposed use, buildings, and facilities, (3) information demonstrating compliance with provisions applicable to the proposed uses and this title, (4) written authorization of the property owner, (5) fees, and (6) environmental review forms.

B. Completeness: No application shall be accepted as complete until all fees, the application form and all required information are filed with and accepted as complete by the planning department. Within thirty days after receiving an application the planning department shall provide the applicant with written notice of any deficiencies. Each resubmittal shall again commence the review and submittal procedures described in this subsection. Failure of the applicant to respond within thirty days to any written notice that the application is incomplete, or to any request to amplify, clarify, correct, or otherwise supplement the application, shall be deemed to be an abandonment of the application and no further action shall be taken on it. The applicant may, within ten days of receiving a notice of deficiency, appeal the determination of the planning department to the planning commission and subsequently the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060.

C. Environmental review: All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors. Conditions of approval recommended pursuant to CEQA review shall be transmitted to the planning director.

D. Planning director's report: All applications shall be reviewed by the planning director, who may consult with any persons for the purpose of technical review. The report of the planning director, including any recommended conditions of approval, shall be transmitted to the planning commission and applicant at least five days prior to hearing on the application.

(Ord. 236-73 Exh. A(part), 1991)

A. Public hearing: The planning commission shall hold a public hearing on each application for a use permit as provided in Chapter 18.140 after the application is accepted as complete. Notice of public hearing shall be given by the planning director as provided in Section 18.140.050.

B. Action: After the hearing the planning commission may approve, approve subject to conditions, or deny the application for a use permit. The approval shall clearly describe the uses permitted, set forth all conditions, and identify which conditions, if any, must be met prior to use of the use permit. In approving the use permit, the commission may extend the one year time period for commencement of the uses or activities for an additional year.

C. Findings: No use permit shall be granted unless written findings are made that the establishment, maintenance, or operation of the proposed use, building, or facilities (1) will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the vicinity of the proposed use, (2) will not be detrimental or injurious to property in the vicinity, or to the general welfare of the county, (3) the purposes of this title would not be better achieved by changing the zone rather than by issuing the use permit, and (4) the proposed use, at the location proposed, is consistent with the purpose of the zone in which it is located. Findings shall additionally be made as required by other provisions of this title when applicable to the proposed uses.

D. Conditions: The granting of any use permit may be conditioned upon (1) terms, conditions, or modifications to the proposal for the purpose of assuring that the proposal complies with criteria applicable to the proposed uses and this title, (2) dedication of land or posting of a bond to guarantee the installation of public improvements which are reasonably related to the use for which the use permit is granted, (3) the recording of a document, on a form prescribed by the planning director and approved by county counsel, in the office of the county recorder, providing notice of the terms and/or conditions of granting the use permit, (4) security, fees, agreements, or other assurances deemed necessary to insure continued compliance with any conditions imposed, or (5) a limitation on the administrative or permitted uses listed in the zone in which the use is located.

(Ord. 236-73 Exh. A(part), 1991)

Any interested person may appeal the decision of the planning commission as provided in Chapter 18.144. Notice of public hearing shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

A. No building permit, mobilehome installation permit, or other entitlement issued by the county, for a use requiring a use permit shall be issued until the appeal period has expired and any appeal results in the granting of the use permit.

B. Executed use permit: After the appeal period has expired, or affirmation of approval on appeal, the planning director shall mail the applicant a copy of the executed use permit authorizing the conduct of the uses and activities described, provided any precedent conditions imposed by subsection D of Section 18.128.030, or on appeal, have been met.

(Ord. 236-73 Exh. A(part), 1991)

Every use permit expires and is null and void without further action by the county if the activity for which the permit was granted has not been actively and substantially commenced within one year from the date of approval, or affirmation of approval on appeal, unless an extension of time is granted as provided in this chapter. The planning director has the authority to declare, based on length of time and operation of law, the use permit abandoned, and therefore null and void.

(Ord. 236-73 Exh. A(part), 1991)

In addition to the provisions in this section, the requirements in Sections 18.128.030 through 18.128.050 shall apply to an application for an extension made subsequent to approval.

A. The planning director may extend the time for commencement of the use or activity for an initial one-year period if an application for an extension of time is made prior to expiration of the use permit, substantiating that circumstances beyond the permittee's control have prevented the permittee from taking sufficient action. An extension granted under this subsection is determined to be an administrative action and does not require public notice and hearing. Within ten days of the decision, the applicant may appeal the decision to the planning commission as provided in Chapter 18.144. Notice shall be given as provided in Section 18.140.060.

B. When the criteria under subsection A is not met or the extension exceeds one year, the planning commission may extend the time for commencement of the use or activity if an application for an extension of time is made to the planning director prior to expiration of the use permit. The commission shall hold a public hearing. Notice of public hearing shall be given as provided in Section 18.140.050.

C. The planning commission may approve or deny the extension. In lieu of denying an extension, the commission may amend existing conditions of approval or impose additional conditions, if the grounds which justify denial can be corrected or cured by such modifications. Any extension(s) of time that does not extend in total more than three years from the date the use permit is approved, or affirmed on appeal, shall be approved without modification of conditions, except as required for health or safety, if the permittee shows that circumstances beyond the per-mittee's control have prevented the permittee from taking sufficient action.

D. The decision by the commission relating to the request for an extension of time may be appealed to the board of supervisors as provided in Chapter 18.144. Notice of public hearing shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

Any use permit may be amended. The provisions of Sections 18.128.020 through 18.128.060 shall apply to any application to amend a use permit.

(Ord. 236-73 Exh. A(part), 1991)

Every use permit issued under this chapter is revocable as provided in this section.

A. Whenever the planning director, or planning commission, determines that one or more ground exists for revocation of a use permit, the planning commission may pursue the matter by holding a public hearing, noticed as provided in Section 18.140.050, for the purpose of revoking of the use permit. The grounds for revocation include, but are not limited to:

1. Noncompliance with permit conditions.

2. Violation of any law relating to the permit.

3. Expansion of the use that is the subject of the permit without an amendment or new permit.

4. Exercising or conducting the use in a manner that threatens or is injurious to public health or safety or constitutes a nuisance.

5. False or erroneous information in the record as to a material matter or significant issue regarding the use.

B. The planning commission may revoke or decline to revoke the use permit. In lieu of revocation, the commission may amend existing conditions of approval, or impose additional conditions, if the grounds which justify revocation can be corrected or cured by such modifications.

C. The decision of the commission in the matter of the revocation may be appealed to the board of supervisors as provided in Chapter 18.144. Notice of public hearing shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

The holder of a use permit may surrender it to the planning department at any time and thereafter shall cease to engage in, operate, or maintain the use.

(Ord. 236-73 Exh. A(part), 1991)