§ 1500-25-050. Use Permit and Use Permit Amendment

A.

Purpose. A Use Permit or Use Permit Amendment is a discretionary action that enables the County to ensure that a proposed use or development that may have the potential to negatively impact adjoining properties and uses can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

B.

Applicability. Approval of a Use Permit or Use Permit Amendment is required for uses or developments specifically identified in Part 2, District Specific Regulations, and/or any other section of this Zoning Code that requires a Use Permit or Use Permit Amendment. A Use Permit Amendment may be processed if it is determined to be minor in nature, consistent with the character of the existing Use Permit, and will not result in a significant increase in intensity of the use of the site (e.g. expansion of the approved Use Permit with a less than 20 percent increase in floor area or parking demand).

C.

Approving Authority.

1.

Use Permit. The Planning Commission shall approve, conditionally approve, or deny an application for a Use Permit consistent with the requirements of Table 1500-23-1.

2.

Use Permit Amendment. The Director or their designee, shall approve, conditionally approve, or deny an application for a Use Permit amendment consistent with the requirements of Table 1500-23-1.

3.

Multiple Entitlements. When a Use Permit or a Use Permit Amendment is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application.

D.

Required Findings. The Approving Authority shall make all of the following findings to approve a Use Permit or Use Permit Amendment. The inability to make one or more of the findings is grounds for denial of an application:

1.

The Use Permit or Use Permit Amendment is consistent with the General Plan and any applicable specific plan;

2.

The Use Permit or Use Permit Amendment is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code; and

3.

Approval of the Use Permit or Use Permit Amendment, subject to the recommended conditions of approval, will not be detrimental to the health, safety, and general welfare of persons residing or working in the area, or be detrimental or injurious to property and improvements in the area or to the general welfare of the County.

In making the above findings, the Approving Authority may attach conditions of approval to ensure compliance with the Zoning Code, other County ordinances and requirements, the General Plan, and any applicable specific plan.

E.

Required Findings for Regional Power Transmission Line Projects. A use permit for regional power transmission line projects may only be approved if all of the following findings are made based on substantial evidence in the record:

i.

The proposed project is consistent with any applicable policies in the General Plan and any applicable specific plan(s);

ii.

There is a demonstrated need for the proposed project;

iii.

To the greatest feasible (as that term is defined in Public Utilities Code § 12808.5) extent, the project utilizes existing infrastructure and rights-of-way or, alternatively, expands existing rights-of-way, in that order of preference;

iv.

There are no feasible alternatives that are superior to the proposed project, particularly with respect to individuals present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project;

v.

To the greatest feasible extent, the proposed project does not have a significant adverse effect on the environment, agriculture, existing land uses and activities, areas with significant scenic qualities, or other relevant considerations of public health, safety, or welfare;

vi.

To the greatest feasible extent, the proposed project avoids lands preserved by the County for public park purposes;

vii.

To the greatest feasible extent, the proposed project avoids lands preserved by a conservation easement or similar deed restriction for agricultural, habitat, or other purposes. The Board of Supervisors may waive this requirement if the applicant provides documentation that the project does not conflict with the conservation easement or deed restriction, or that the conservation easement or deed restriction will be amended or extinguished prior to implementation of the project. If the conservation easement or deed restriction was provided as mitigation for the impacts of a prior development project, however, it shall only be amended or extinguished if adequate substitute mitigation is provided by the applicant;

viii.

The proposed project complies with all laws, regulations, and rules regarding airport safety conditions and similar matters, and would not require a significant change in the operations of a public or private airport in the County, create an undue hazard for aircraft, or substantially hinder aerial spraying operations;

ix.

To the greatest feasible extent, operation of the proposed project would not create conditions that unduly reduce or interfere with public or private television, radio, telemetry, or other electromagnetic communication signals; and

x.

The applicant has agreed to conduct all roadwork and other site development work in compliance with all laws, regulations, and rules relating to dust control, air quality, erosion, and sediment control, as well as any permits issued pursuant thereto.

F.

Expiration. If the use or structure for which the Use Permit or Use Permit Amendment was granted no longer exists or has been discontinued for a continuous period of at least 24 months, said use shall be considered abandoned and is null and void.

(Ord. No. 1635, § 26, 6-27-2017)