Chapter 21.96 — USE PERMITS

Note: Prior ordinance history: Prior code § 9-127.

Use permits, which are revocable, conditional and valid for either a specified or an indefinite period of time, may be issued for any of the uses which, under the terms of this title, are permitted subject to first securing a use permit. The procedure for securing use permits shall be as provided in this chapter.

(Ord. CS 106 §16, 1984)

• A. Application for a use permit shall be made by the owner of the real property for which the use permit is sought, or by the authorized agent of the owner.

• B. The application shall be filed with the department of planning and community development in writing, on a form prescribed by the planning commission and shall be signed by the owner or his authorized agent.

• C. The application shall be accompanied by plans, including a plot plan and other pertinent data as may be deemed necessary by the planning director to show in detail the proposed use or buildings.

• D. A filing fee, in such amount as may be fixed from time to time by order or resolution of the board of supervisors, shall be paid at the time the application is filed.

• (Ord. CS 106 §16, 1984)

A public hearing shall be held on all use permit applications. Notice of the hearing shall be given by either of the following methods, as directed by the planning commission:

• A. By the mailing, at least ten days prior to the hearing, of postcard notices through the United States mail, with postage prepaid, to all property owners within three hundred feet of the property on which the proposed use is to be established, as shown on the current assessment roll of the county and using addresses from the last adopted tax roll;

• B. By the publication of notice in a newspaper of general circulation in accordance with Section 65351 of the Government Code and posting the notice at least ten days before the hearing in a conspicuous place on the property on which the proposed use is to be established and in conspicuous places close to the property.

• (Ord. CS 106 §16, 1984)

• A. In order to obtain a use permit, the applicant must introduce evidence in support of his or her application sufficient to enable the planning commission to find that the establishment, maintenance and operation of the proposed use or building applied for is consistent with the general plan and will not, under the circumstances of the particular case, be detrimental to the

health, safety and general welfare of persons residing or working in the neighborhood of the use and that it will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county.

• B. The planning commission may impose such conditions in connection with the use permit as it deems necessary to secure the purpose of this title and may require a bond, undertaking or other assurance that such conditions are being or will be complied with.

• C. If the planning commission, after receiving and considering the evidence, and any proposed conditions, is unable to make the foregoing findings, the use permit shall be denied. In cases where the use permit is denied, the planning commission shall state its reasons for such denial. Use permits shall not become effective for ten days after being granted and in the event an appeal is filed, the permit shall not become effective until a decision is made by the board of supervisors on the appeal.

• (Ord. CS 106 §16, 1984)

• A. No application for a use permit which has been denied wholly or in part by the planning commission, or by the board of supervisors on appeal, shall be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of changed conditions found to be valid by the planning commission or the board of supervisors, whichever issued the order of denial.

• B. No building permit shall be issued in any case where a use permit is required by the terms of this title unless and until the use permit has been granted by the planning commission or board of supervisors and then only in accordance with the terms and conditions of the use permit so granted.

• (Ord. CS 106 §16, 1984)

For the purposes of this chapter, the following shall be considered to be uses, the expansion, change or modification of which shall be subject to obtaining a staff approval from the director of planning and community development, when the changes do not alter the present character of the uses. The approval may include conditions deemed necessary and reasonable to carry out the intent of this chapter. Any such decision may be appealed to the planning commission, in writing, within ten days of the decision:

• A. Minor changes in legal uses which, in the opinion of the director of planning and community development, do not change the nature of, or add new uses to, the legally established use and which do not expand the area of the building or use by more than twenty-five percent.

• (Ord. CS 106 §16, 1984)