Chapter 32- Use Permit
32.010 Required findings.
32.020 Application.
32.030 Hearing.
32.040 Action.
32.050 Notice of decision.
32.060 Termination.
32.070 Extensions.
32.080 Revocation.
32.010 Required findings.
Use permits may be granted by the Planning Commission only when all of the following findings can be made in the affirmative:
- All applicable provisions of the Land Use Designations and Land Development Regulations are complied with, and the site of the proposed use is adequate in size and shape to accommodate the use and to accommodate all yards, walls and fences, parking, loading, landscaping and other required features.
- The site for the proposed use relates to streets and highways adequate in width and type to carry the quantity and kind of traffic generated by the proposed use.
- The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located.
- The proposed use is consistent with the map and text of this General Plan and any applicable area plan.
32.020 Application.
Application for a use permit shall be made to the Planning Division, or the Economic Development Department for energy-related use permits, and shall be accompanied by the general application form, environmental documents, plans and elevations necessary to show details of the proposed use and/or structures and shall be accompanied by a fee, no part of which shall be returnable to the applicant. Fees shall not be required for public buildings and uses (see definition 02.940). If a preapplication conference has been determined to be appropriate; minutes from this conference shall accompany the application (see Site Plan Review).
The Director may substitute use permit procedures specified in other chapters of the Land Development Regulations with a Director Review subject to Chapter 31, when sufficient standards have been adopted, the project is minor in nature, and the project is exempt from CEQA. Sufficient standards may include provisions included in the County Code, applicable General Plan documents, Board of Supervisors resolutions, planning and other County departments’ procedures and standards, or responsible agencies' regulations.
32.030 Hearing.
A public hearing shall be held after filing of application and after determination by the Director that the information submitted by the applicant is sufficient to consider the matter. After making such determination, the Director shall give notice of the time, place and subject matter at a public hearing at least 10 days prior to the date set, as provided in Chapter 46, Noticing Requirements. Errors in the giving of notice or the failure of any person to receive notice shall not invalidate the proceeding.
Any hearing may be continued by a majority of the members of the Planning Commission present or, in the absence of a quorum, shall be continued by the secretary to a time and place certain, which shall be publicly announced, and no further notice shall be required except as may be required by California Government Code Sections 54955 and 54955.1.
32.040 Action.
Upon the close of the public hearing, the failure of the Commission to grant the use permit shall constitute a denial and disapproval of the use permit, unless action on the matter is continued to a later date. Refer to Chapter 47, Appeals, for specific procedures for appealing a denial. The Commission shall take action within one year or the application shall be deemed approved as per Chapter 4.5, Article 5, commencing with Section 65956 of the Government Code.
The Commission may designate such conditions in connection with the granting of the use permit as it deems necessary to secure compliance with the purpose of the Land Use Designations and Land Development Regulations, including street dedication, street and drainage improvements, and such guarantees as it deems appropriate in accordance with protection of the public health, safety, and welfare. Whenever performance of any condition or accomplishment of any development is required by the granting of the use permit and the performance or accomplishment is to occur at or after a specified time, the Commission may require the record owner of the land involved to execute a covenant running with the land, in a form approved by the County Counsel, which shall contain the requirements imposed, and it shall be recorded in the office of the County Recorder. The Director shall issue and record releases from such covenants when they are no longer applicable to a property.
32.050 Notice of Decision.
The Director shall give notice of the decision of the Commission relating to use permits. All such notices shall be mailed to the applicant and engineer and any other persons, so requesting in writing within 10 days after the decision is made. The notice shall set forth the procedure for filing appeals.
Use permits shall not be issued until after 15 days have elapsed from the granting thereof, and if an appeal is filed as provided in Chapter 47, Appeals, such permit shall not be issued until the decision is made by the Board of Supervisors on such appeal.
32.060 Termination.
A use permit shall terminate and all rights granted therein shall lapse, and the property affected thereby shall be subject to all the provisions and regulations applicable to the land use designation in which such property is classified at the time of such abandonment, when any of the following occur:
- There is a failure to commence the exercise of such rights, as determined by the Director, within two years from the date of approval thereof or as specified in the conditions. If applicable, time shall be tolled during litigation. Exercise of rights shall mean substantial construction or physical alteration of property in reliance with the terms of the use permit;
- There is discontinuance for a continuous period of one year, as determined by the Director, of the exercise of the rights granted; and
- No extension is granted as provided in Section 32.070.
32.070 Extensions.
If there is a failure to exercise the rights of the use permit within two years (or as specified in the conditions) of the date of approval, the applicant may apply for an extension for an additional one year. Only one extension may be granted. Any request for extension shall be filed at least 60 days prior to the date of expiration and shall be accompanied by the appropriate fee. Upon receipt of the request for extension, the Planning Division shall review the application to determine the extent of review necessary and schedule it for public hearing. Conditions of approval for the use permit may be modified or expanded, including revision of the proposal, if deemed necessary. The Planning Division may also recommend that the Commission deny the request for extension. Exception to this provision is permitted for those use permits approved concurrently with a tentative parcel or tract map; in those cases the approval period(s) shall be the same as for the tentative map.
32.080 Revocation.
The Commission may revoke the rights granted by a use permit and the property affected thereby shall be subject to all of the provisions and regulations of the Land Use Designations and Land Development Regulations applicable as of the effective date of revocation. Such revocation shall include the failure to comply with any condition contained in the use permit or the violation by the owner or tenant of any provision pertaining to the premises for which such use permit was granted. Before the Commission shall consider revocation of any permit, the Commission shall hold a public hearing thereon after giving written notice thereof to the permittee at least 10 days in advance of such hearing. The decision of the Commission may be appealed to the Board of Supervisors in accordance with Chapter 47, Appeals, and shall be accompanied by an appropriate filing fee.
