Chapter 18.116 — CONDITIONAL USE PERMITS

• A. Purpose. The purpose of this chapter is to provide procedures for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

• B. Discretionary Permits. Conditional Use Permits are discretionary permits for uses of land that require special review to ensure they are compatible with the neighborhood and surrounding uses. They are considered more likely to have greater impacts than uses allowed by right or by Administrative Permit.

• C. Special Consideration. Certain types of land uses may require special conditions in a particular zone or physical location within the County as a whole because they have unique characteristics

or potential impacts to the surrounding area that make automatic inclusion as permitted uses either impractical or undesirable.

• D. Intent. Conditional Use Permit procedures are intended to provide sufficient flexibility to further the objectives of this Zoning Code and to provide the County with the opportunity to impose project conditions in order to mitigate potential impacts that could result from allowing requested use(s).

• (Ord. 1976 § 2, 2019)

Approval of a Conditional Use Permit is required to authorize proposed land uses specified by Article 2 (Zones, Allowable Uses, and Development Standards) as being allowable in the applicable zone when subject to the approval of a Conditional Use Permit. (Ord. 1976 § 2, 2019)

• A. Application. An application for a Conditional Use Permit shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Conditional Use Permit applications, together with the required fee in compliance with the Fee Schedule.

• B. Responsibility of Applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.116.040 (Findings and Decision) below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.070 (Initial Application Review).

• C. Review Authority. Conditional Use Permits shall be approved, conditionally approved, or denied by the Commission, except as specified in Chapter 18.66 (Density Bonus for Affordable Housing) where the Board is the Review Authority for applications, with the Commission first making a written recommendation to the Board.

• D. Project Review, Notice, and Hearing.

  1. Send Out For Referrals. After the applicant submits the proper application, forms, site plans, and processing fees to the Department, and the application is determined by the Director to be complete, the Director will send the application to affected agencies and County departments for review and comment.

  2. Public Hearing Required. The Commission shall conduct a public hearing on an application for a Conditional Use Permit before making a decision on the application.

  3. Notice of Public Hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).

  4. Appeal. The Commission's decision is appealable to the Board in compliance with Chapter 18.144 (Appeals).

• (Ord. 1976 § 2, 2019)

The Commission may approve or conditionally approve a Conditional Use Permit only after first making all of the following findings:

• A. The proposed use is consistent with the General Plan and any applicable specific plan;

• B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Zoning Code and the County Code;

• C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;

• D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the County, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the vicinity of the proposed use; and

• E. The project site is:

  1. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and services and utilities;

  2. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate; and

3. Adequately served by public water and sewer and/or private septic and wells.

(Ord. 1976 § 2, 2019)

In approving a Conditional Use Permit, the Review Authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 18.116.040 (Findings and Decision).

(Ord. 1976 § 2, 2019)

• A. A Conditional Use Permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter, except as specified in subsection B .

• B. Any Conditional Use Permit that is not actively exercised for a continuous period of 12 months shall become invalid.

• (Ord. 1976 § 2, 2019)

Changes to an approved Conditional Use Permit may only be requested and processed in compliance with Section 18.130.090 (Changes to an Approved Project). (Ord. 1976 § 2, 2019)

The procedures and requirements in Chapter 18.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Conditional Use Permit application.

(Ord. 1976 § 2, 2019)