Chapter 18.76
USE PERMITS
Sections:
18.76.010 Issuance authority and requirements.
18.76.015 Development use permit findings.
18.76.020 Application and fee.
18.76.030 Public hearing—Notice.
18.76.040 Action by planning commission.
18.76.010 Issuance authority and requirements.
Use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning commission for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Guarantees to insure compliance with terms and conditions may be required by the commission. (Ord. 453 § 25.00, 1985)
18.76.015 Development use permit findings.
A. That the proposed location of the project and the conditions under which it would be operated or maintained will not be detrimental to the health, safety or welfare of persons residing or working in the neighborhood or the general public, or be materially injurious to properties or improvements in the vicinity.
B. That the proposed location of the project and the conditions under which it would be operated or maintained will be consistent with all pertinent county ordinances and the purpose of the zone district in which the site is located.
C. That the proposed use is consistent with all elements of the county General Plan and with any specific plan which has been adopted for the area.
D. That the proposed use will not overload utilities and will not generate more than the acceptable level of traffic on the streets in the vicinity.
E. That the proposed project will complement and harmonize with the existing and proposed land uses in the vicinity and will be compatible with the physical design aspects, land use intensities and dwelling unit densities of the neighborhood. (Ord. 554 (part), 1993)
18.76.020 Application and fee.
A. Application for a use permit shall be made to the county planner in writing on a form prescribed by the county and shall be accompanied by plans and elevations necessary to show details of the proposed use or building. Such application shall be accompanied by a nonrefundable fee as specified in the county Fee Ordinance (see Chapter 3.04 of this code).
B. The county planner shall accept the application as complete and adequate for processing or return it to the applicant with a request for additional information within fifteen days. (Ord. 453 § 25.01, 1985)
18.76.030 Public hearing—Notice.
The planning commission shall hold a public hearing within forty-five days of the date a use permit application is accepted as complete. Notice of such public hearing shall be given at least ten days in advance by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the latest equalized assessment roles as owning real property within three hundred feet of the property which is the subject of the proposed use permit. Notice shall also be given at least ten days in advance of the hearing by one publication in a newspaper of general circulation in the county or by posting notice in at least two conspicuous places close to the property which is the subject of the proposed use permit. Notices shall contain, at minimum, a brief description of the property, the proposed use, and the time and place of the hearing. The failure of any property owner to receive such notice shall not invalidate the proceedings. (Ord. 453 § 25.02, 1985)
18.76.040 Action by planning commission.
A. The findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be in conformity with the county General Plan or this title or any other county ordinance or be otherwise detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or to the general welfare of the county.
B. Based on their findings the commission shall approve, conditionally approve or deny a use permit application within sixty days of the date said application is accepted as complete. Extensions to the time limit may be allowed in instances where an environmental impact report is required or by agreement between the applicant and the commission.
C. The use permit and any associated building permit shall not be issued until ten days following the date the planning commission has granted the use permit. If an appeal has been filed within ten days pursuant to Chapter 18.88 of this title, such appeal shall stay the issuance of such permits until the appeal has been acted upon by the board of supervisors. (Ord. 453 § 25.03, 1985)
18.76.050 Revocation.
A. In any case where the conditions of the granting of a use permit have not been, or are not complied with, the planning commission shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the planning commission may revoke such permit. Public notice requirements of Section 18.76.030 are not required.
B. All special use permits granted by the planning commission or board of supervisors, shall expire and become null and void one year following the date of granting such permit, unless expressly extended by a condition attached to the permit or unless the use authorized by the permit is carried on, or the construction authorized by the permit has been commenced and is being diligently pursued on the premises at the date of expiration. (Ord. 453 § 25.05, 1985)
18.76.060 Appeals.
Any person not satisfied with the action of the planning commission may within ten days appeal in writing to the board of supervisors. Appeal procedures specified in Chapter 18.88 of this title and fees specified in the county Fee Ordinance shall apply. (Ord. 453 § 25.04, 1985)