§ 17.92.020. Use permits.

Except for use permits for high voltage electrical transmission and distribution projects, use permits may be approved as set forth in this section for any of the uses or purposes for which use permits are required by this title.

A.

An application for a use permit shall be made in writing on a form prescribed by the director of resource management, and shall be accompanied by a clear and concise description of the use and accompanying activities, and shall contain plans or maps showing the details of the proposed use, building or facilities.

B.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning department. Failure of any applicant to respond, within thirty days of mailing, to any notice that his application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the use permit application and no further action shall be taken upon it.

C.

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.

D.

All applications shall be reviewed by county staff. The report of county staff, including any recommended conditions of approval, shall be forwarded to the planning commission prior to the hearing on the application.

E.

The planning commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The board of supervisors may, by resolution, provide for additional notice. Any hearing may be continued to a specific time, date and place without further public notice.

F.

The planning commission may approve, conditionally approve or deny approval of the application by resolution. A resolution approving a use permit application shall clearly describe the uses permitted, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the use permit. No use permit shall be granted unless findings of fact are made that the establishment, maintenance or operation of the use, building or facilities applied for will not, under the circumstances of the particular use, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county; provided, if any proposed use, building or facility is necessary for the public health, safety or general welfare, the findings shall so state. The planning commission may require security it deems reasonably necessary to ensure compliance with any conditions imposed.

G.

The granting of any use permit may be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the use permit is granted. Every use permit granted under this section is revocable. Any use permit granted under this section may be limited by the B.A.R. or planning commission to a term set when the use permit is granted. The establishment, maintenance or operation of any use under this section shall cease at the end of the term, if any, of the use permit. No use permit granted under this section may be renewed, but a new use permit may be granted upon terms and conditions appropriate at the time of such grant.

H.

After the time for filing an appeal has expired, or if an appeal is timely filed, after the decision on the appeal, the director of resource management shall mail or deliver to the applicant or his agent a copy of the executed resolution on the decision. A resolution approving or affirming the approval of or reversing the disapproval of a use permit application shall constitute the use permit and shall permit the applicant to engage in the use or undertake the activity described, provided any precedent conditions imposed under subsection E of this section or on appeal have first been met.

I.

No building permit or mobile home installation permit for which a use permit is required shall be issued until the time to appeal approval of the use permit has expired, or in case of appeal, until the approval has been affirmed or the disapproval has been reversed by the board of supervisors.

J.

Any use permit, including the term of the permit and conditions of approval, may be amended upon a showing of good cause by any interested party or by the planning commission on its own motion. The provisions of subsections A through F of this section shall apply to any amendments proposed by an interested person. The provisions of subsections C through F of this section shall apply to any amendment initiated by the planning commission. (Ord. 95-3 § 97, 1995; prior code § 5.05.020)

(Ord. No. 2010-03, § IV, 8-3-2010)