Chapter 85.06 — CONDITIONAL USE PERMIT/MINOR USE PERMIT

(a) Conditional Use Permit. A Conditional Use Permit provides a process for reviewing uses and activities that may be appropriate in the applicable land use zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

(b) Minor Use Permit. A Minor Use Permit is designed to provide discretionary review for minor projects and intermediate discretionary review for projects that do not meet established development standards. (Ord. 4011, passed - -2007)

A Conditional Use Permit or Minor Use Permit, as applicable, shall be required for all new uses allowed in a land use zoning district subject to a Conditional Use Permit or Minor Use Permit in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) and for any disturbance of land associated with any use subject to a Conditional Use Permit.

(Ord. 4011, passed - -2007)

(a) Conditional Use Permits.

• (1) Procedure. Public hearing.

• (2) Review Authority. Planning Commission.

• (3) Review of Design, Location, and Manner of Development. Conditional Use Permits are intended to provide an opportunity to review the design, location, and manner of development of land uses before their implementation.

(4) Minor Adjustments and Expansions. Once established, minor adjustments and expansions to the uses that are subject to a Conditional Use Permit may be accommodated through Chapter 85.12 (Revisions to an Approved Action).

• (b) Minor Use Permits.

• (1) Procedure. Public Hearing.

• (2) Review Authority. Director.

• (3) Review of Design, Location, and Manner of Development. Minor Use Permits are intended to provide an

opportunity to review the design, location, and manner of development of land uses before their implementation.

(4) Exceptions to Review Authority. The Director shall be the review authority for all Minor Use Permit applications except for the following:

(A) Where the Director refers the application to the Commission for consideration and final action; or

(B) Where the application is filed concurrently with an application that has a higher review authority (e.g., the Commission or Board), in which case the higher review authority shall prevail.

(Ord. 4011, passed - -2007)

(a) General Findings for All Use Permits (Conditional and Minor). The review authority shall first find and justify that all of the following are true before approving a Conditional Use Permit or Minor Use Permit application.

(1) The site for the proposed use is adequate in terms of shape and size to accommodate the proposed use and all landscaping, loading areas, open spaces, parking areas, setbacks, walls and fences, yards, and other required features pertaining to the application.

(2) The site for the proposed use has adequate access, which means that the site design incorporates appropriate street and highway characteristics to serve the proposed use.

(3) The proposed use will not have a substantial adverse effect on abutting property or the allowed use of the abutting property, which means that the use will not generate excessive noise, traffic, vibration, or other disturbance. In addition, the use will not substantially interfere with the present or future ability to use solar energy systems.

(4) The proposed use and manner of development are consistent with the goals, maps, policies, and standards of the General Plan and any applicable community or specific plan.

(5) There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development without significantly lowering service levels.

(6) The lawful conditions stated in the approval are deemed reasonable and necessary to protect the public health, safety, and general welfare.

(7) The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities.

(b) Additional Findings for Minor Use Permits. The review authority shall first find and justify that all of the following additional findings are true before approving a Minor Use Permit application.

(1) There are no circumstances that would result in standards or conditions not being able to adequately mitigate environmental impacts.

(2) The project is planned for immediate development and does not include a phased development.

(3) The project is not likely to result in controversy. If the proposed project fails to satisfy any of the findings identified in this Subdivision, it shall only be processed as a Conditional Use Permit in compliance with this Chapter. (Ord. 4011, passed - -2007)

(a) Types of Projects. Projects and/or uses that meet the following criteria shall not qualify for a Minor Use Permit and shall be processed as a Conditional Use Permit in compliance with this Chapter.

• (1) Phased projects.

• (2) Projects required to be filed concurrently with a Final Development Plan (FDP).

• (3) Projects that require a Health Risk Assessment.

• (4) Projects on a site with natural slopes of 30 percent or greater on any portion of the sites that are to be developed.

(5) Projects greater than 30,000 square feet of structure area in CN (Neighborhood Commercial) and CR (Rural Commercial) land use zoning districts.

(6) Projects greater than 40,000 square feet of structure area in CH (Highway Commercial) and CO (Office Commercial) land use zoning districts.

(7) Projects greater than 80,000 square feet of structure area in CS (Service Commercial), CG (General Commercial), IC (Community Industrial), IN (Institutional), and IR (Regional Industrial) land use zoning districts.

(8) Manufacturing operations less than 80,000 square feet of structure area may also require approval of a Conditional Use Permit if they involve the conversion of raw materials to intermediate or finished products and involve the storage of large amounts of raw materials. These uses include:

• (A) Chemicals and related products (all similar uses).

• (B) Clay, glass, and stone products (e.g., brick, concrete, dish, glass, insulation manufacturing, and tile plants).

• (C) Fabricated metal products (e.g., automobile assembly plants).

• (D) Food and related products (e.g., flour mills, slaughterhouses).

• (E) Lumber and wood products (e.g., saw mills).

• (F) Paper and related products (e.g., paper mills).

• (G) Petroleum refining and related industries.

• (H) Primary metal industries (all similar uses).

• (I) Rubber and miscellaneous plastic products (all similar uses).

• (J) Textile mill products.

• (9) Broadcasting antenna or tower with a proposed height that exceeds the maximum allowed height in the

subject land use zoning district, not including the extra height allowed by § 83.02.040.

(b) Cumulative Impact of Successive Projects. When the cumulative impact of successive projects of the same type on the same parcel or within the same ownership over time exceeds the following thresholds, all new projects in that area shall always require approval of a Conditional Use Permit:

(1) Thresholds for number of required parking spaces for uses indicated by “M/C” in Tables 82-4, 82-7, 82-11, and 82-17 in Division 2 (Land Use Districts and Allowed Land Uses); or

(2) Thresholds (e.g., square footage of structure area, etc.) indicated in Subdivision (a) (Types of Projects), above. (Ord. 4011, passed - -2007)

Any Conditional Use Permit submittal that is determined by the Director to warrant more detailed review shall be forwarded to the DRC for review and recommendation before action by the applicable review authority. (Ord. 4011, passed - -2007)

(a) Review Authority’s Action. The review authority may approve, approve with conditions, or disapprove a Conditional Use Permit for agricultural support services, and shall record the decision and the findings upon which the decision is based.

(b) Additional Required Findings. In addition to the findings required in § 85.06.040 (Findings Required) above, when agricultural support services are allowed subject to a Conditional Use Permit, the review authority shall also find and justify that all of the following are true before approving the Conditional Use Permit application.

(1) The proposed use is of an appropriate scale and size that will not create a conflict with existing or planned uses of adjacent properties.

• (2) The proposed use is incidental and subordinate to existing agricultural uses located within the general vicinity.

• (3) The methods of operation are compatible with existing and planned uses of adjacent properties.

• (4) The methods of sewage, solid waste, and wastewater disposal are practical, safe, and will not adversely affect surrounding properties and underground water supplies.

• (5) The approval of the proposed use will not serve to detract from the agricultural character of the area.

• (6) The proposed use will not have a substantial adverse effect on the service support capacity of the area’s infrastructure including groundwater supply.

• (Ord. 4011, passed - -2007)

(a) Accommodation of New Structures or Accessory Uses. An existing nonconforming use may be altered to accommodate a new structure or accessory use, except where it is an existing nonconforming use of land and contains no structures, in which case the alteration may not be approved.

(b) Additional Required Findings. In addition to the findings required in § 85.060.040 (Findings Required) above, before any alteration/modification of a nonconforming use may be granted, the review authority shall also find and justify that all of the following are true before approving the Conditional Use Permit application.

(1) The remaining normal life of the existing nonconforming use is determined to be in compliance with provisions specified in this Development Code before consideration of the proposed alteration if located in a residential land use zoning district.

(2) The proposed alteration shall not prolong the normal life of the existing nonconforming use.

(3) The alteration of the existing nonconforming use shall not be detrimental to, nor prevent the attainment of, general land uses, objectives, policies, and programs specified in the General Plan or any applicable community or specific plan.

(4) The granting of permission to alter the nonconforming use shall not be substantially detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and land use zoning district in which the use is located.

(5) The alteration shall not change the primary use of the land nor increase the intensity of the use unless such change brings the use into greater compliance with current zoning regulations.

(6) The existing nonconforming use shall comply with all other existing County regulations, including those applicable to and enforced by the Director, and County Sheriff’s Department.

(c) Governmental or Court Actions Exemption. Any alteration required by governmental or court action shall be exempt from compliance with the above listed findings.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

(a) Hazardous Waste Overlay District Required. To apply for a Conditional Use Permit for a hazardous waste facility, a General Plan amendment application shall be filed concurrently with the Conditional Use Permit application to ensure that a Hazardous Waste Overlay District is first applied to the subject facility site.

(b) County Hazardous Waste Management Plan. For a complete discussion of the review procedures required for a specified hazardous waste facility, refer to § 5.3.3 and Table 5-4 of Chapter 5 of the County Hazardous Waste Management Plan.

(Ord. 4011, passed - -2007)

State law requires a public hearing review for the Surface Mining and Reclamation process. The Surface Mining and Reclamation Plan application combines a Conditional Use Permit and Reclamation Plan into one application. (Ord. 4011, passed - -2007)

The procedures and requirements in Chapter 6 (Time Limitations), and those related to appeals and revocation in Division 6 (Development Code Administration), shall apply following a decision on an application for a Conditional Use Permit or Minor Use Permit.

(Ord. 4011, passed - -2007)