Chapter 5.65 — USE PERMIT

A use permit is required where specified in the Zoning Ordinance to establish and conduct certain uses deemed to be generally appropriate and potentially compatible with a zoning district, but for which the intensity, impacts, or other characteristics typically have a significant bearing on whether a use should be approved at a specific location and under what conditions it may be established and conducted. Such uses typically are of greater intensity and have more potential for off-site and adverse environmental impacts than those uses subject to other land use permits.

The use permit procedure, standard findings, and public hearing requirements set forth in this chapter are necessary to ensure that the proposed use is compatible with its surroundings, satisfies all standards and conditional requirements appropriate for the use, and is consistent with the intent of the zoning district, the general purposes of the Zoning Ordinance, and any other applicable plans and policies, including the General Plan.

The Planning Commission shall hear and decide all use permit applications except where the proposed land use is concurrently subject to more than one discretionary land use approval and the procedures in Section 5.10.070 are invoked.

The Planning Commission may grant a use permit if it is able to make all of the following findings:

A.

The proposed use conforms with the general plan, with the zoning ordinance, and with all other standards and guidelines applicable to the proposed use that have been adopted by the Planning Commission or Board of Supervisors;

B.

The site is adequate for the proposed use, including but not limited to being of adequate size and shape to accommodate all facilities and development features to integrate the use into the surrounding area and to provide any necessary or appropriate buffers between the use and the surrounding area;

C.

The proposed use, by its nature, scale, intensity or design, will not impair the integrity and character of the zoning district or neighborhood, and will not be significantly detrimental to any important and distinctive features of the site's natural setting;

D.

The proposed use will not be detrimental to the public health, safety or general welfare. In this respect the Planning Commission shall further find, without limitation, that:

1.

Adequate off-street parking, loading and unloading areas (if applicable), and compliant access for individuals with disabilities will be provided;

2.

Appropriately designed site access will be provided, including safe and adequate access for fire and emergency vehicles (including secondary access where deemed necessary by the fire marshal);

3.

The use will not adversely affect water quality. Adequate wastewater treatment, disposal and sanitation facilities will be provided and will satisfy all applicable local, state and federal requirements;

4.

The use will not be detrimental to the adjacent area because of excessive noise, odor, dust or bright lights;

5.

The use will not substantially worsen traffic congestion affecting the surrounding area;

6.

Erosion will be adequately controlled; and

7.

Adequate storm drainage management exists or will be provided and will comply with all applicable local, state and federal requirements.

(Ord. No. 1200.355, § 9, 4-26-16)

An established use permit which has been conditioned to expire on a specific date may be renewed upon submittal of a written application filed prior to expiration or revocation of the permit, accompanied by the required application fee. Renewal of the permit requires action by the Planning Commission at a public hearing.

In reviewing a renewal application, the Planning Commission shall consider whether all conditions and mitigation measures imposed on the use are being met, whether the use is in conformance with all applicable County land use and permit requirements, and whether there are any substantial changes in circumstances, intensification of use by the permittee, or a greater degree of control by the County is needed. Such circumstances may warrant modification of the permit as part of the renewal process.

Based on information presented, the approval authority may:

A.

Establish a new time limitation through the approval of the use permit renewal application;

B.

Impose additional or modified conditions of approval to address changes in project circumstances;

C.

Waive any time limitation;

D.

Extend the permit to a date certain and direct the permittee to file for a new permit should he or she wish to continue the use beyond that date;

E.

Suspend action on the renewal application and order the use to cease until the permittee has complied with all conditions.

F.

Deny the renewal application, which terminates the permit.

If a use established pursuant to a valid use permit with no condition imposing a time limit or expiration date ceases for a period of 12 consecutive months, the use permit shall be deemed automatically revoked.

A formal pre-application meeting between the applicant and staff shall be held prior to submittal of an application for either a new use permit or major modification of an approved use permit. It is not required for a renewal or minor modification of a use permit. Refer to § 5.20.020.

(Ord. No. NS-1200.318, § 23, 3-28-06)

Refer to Chapter 5.20 for procedures common to all land use processes, including use permits. Such procedures include, among others, application, modifications, environmental assessment, public hearing

and notification, appeals, notice of approval or denial, limitation of time for establishing the use, life of a permit, revocation and modification of permits, and renewal of permits.

(Ord. No. NS-1200.318, § 22, 3-28-06)