§ 3.70

The Monterey Highway Use Permit Area consists of specifically designated properties with access to and frontage on Monterey Road from Metcalf Road south to the County boundary, excluding the urban service areas of the cities of San Jose, Morgan Hill, and Gilroy, and also excluding lands within the San Martin Commercial and Industrial Use Permit Areas. A zoning map designation of "-mh" is combined with the base zoning district for the properties to which this district applies.

While the predominant land uses in the rural unincorporated areas of South County are agricultural and related uses, the County recognizes that there are along Monterey Road, within the areas having land use designations of "Agriculture" and "Rural Residential," established, non-agricultural uses of a commercial nature serving the South County community. It shall be the policy of the County that such uses may continue to operate within the "A, Exclusive Agriculture" and "RR, Rural Residential" zoning districts, so that the needs of the South County may be so served, provided that such uses have been documented or

established as legal uses in conformance with the provisions of this district and the special area policies of the County's land use element for the Monterey Highway Use Permit Area.

It is the purpose of this district that certain legally established land uses may continue as allowable uses, may be renewed and expanded as needed, or may be changed to another use which is less intensive than the original use, subject to the issuance of a use permit and architecture and site approval and based on the findings and criteria established for this district. Through these provisions, the owners of the subject properties shall be encouraged to maintain and improve the general conditions of their properties, provide ongoing services of benefit to the community, upgrade uses and site improvements to meet current County standards and requirements for public health, safety, and welfare, and potentially enhance the resources and visual character of the Monterey Highway corridor.

A.

Monterey Highway Use Permit Area eligibility list. The document entitled "Monterey Highway Use Permit Area Eligibility List—Final Status of Uses, January 3, 1986" shall serve as the basis for the applicability of these provisions to specified uses and properties within the overall boundaries of this district. A copy of this document is maintained within the records of the Planning Office, File #1971-00-00-84GP.

B.

Specifically eligible parcels—Original legal uses. Legally established uses in existence as of January 1, 1985, as documented within the "Eligibility List" and specified in Table 3.70-1 below may be renewed, expanded, or changed to another use of a similar or more restrictive nature through the issuance of a use permit and architecture and site approval (ASA), if all of the following additional findings are made by the approving authority:

1.

The use is essential or desirable to the public convenience or welfare of the South County community.

2.

The use will not cause a significant adverse impact upon the environment.

3.

The use will not be detrimental to public health, safety and the general welfare.

4.

The use is compatible with the surrounding area.

5.

The use will be upgraded to and can meet the current requirements and standards of all applicable regulating agencies and ordinances.

The use will improve such conditions as traffic safety, water quality and drainage, working conditions for on-site workers, and the visual quality of the environment.

TABLE 3.70-1. LEGAL USES AS OF JANUARY 1, 1985

C.

Additional eligible parcels granted legal status through use permit. In addition to those uses specified in Table 3.70-1, those listed in Table 3.70-2 shall also be eligible to be renewed, expanded, or changed to another use of a similar or more restrictive nature through the issuance of a use permit and architecture and site approval (ASA), subject to the additional findings of subsection 3.70.020.B. These uses include those for which a use permit application was made in accordance with the December 31, 1985, application filing deadline of the original provisions of the Monterey Highway Use Permit Area, and for which a use permit was subsequently approved. The file number pertaining to each such approval is indicated in the table below.

TABLE 3.70-2. USES WITH APPROVED USE PERMIT PURSUANT TO 1985 FILING ALLOWANCE

D.

Off-site advertising signs. The provisions of this zoning district do not apply to off-site advertising signs.

E.

Auto sales and storage. By amendment to the general plan in December 15, 1987, File #3210-87GP, auto storage and sales uses located on abandoned auto-related land use sites fronting Monterey Road between Kirby and Madrone Avenues (APN 725-02-033, 10950 Monterey Road) may be approved through the issuance of a use permit and architecture and site approval (ASA) if it is found that the use conforms with the additional findings set forth in subsection 3.70.020.B., and it does not include auto dismantling.

(Ord. No. NS-1200.332, § 6, 11-22-11)

CHAPTER 3.75. - "-os" HOUSING OPPORTUNITY SITES COMBINING DISTRICT