(A) Conditional use permits are provided for the individual review of uses at specific locations to ensure that their operation will be compatible with surrounding areas and uses.
(B) Approving Authority. The Planning Commission shall act as the Review Authority for conditional use permits.
(C) Uses requiring conditional use permits. Uses which require conditional use permits are shown in the use tables in Chapter 25.03 of this zoning code.
(D) Application. Applications for conditional use permits shall be filed with the Planning Division on the prescribed application forms.
(E) Public notice and hearing. All applications for conditional use permits shall require public notice and hearing before the Planning Commission pursuant to the provisions of public hearings section in § 25.01.007 of this Zoning Code.
(F) Findings. All of the following findings must be made in order To approve a conditional use permit:
(1) The proposed use is conditionally permitted within the applicable zone and complies with all other applicable provisions of this title and all other titles of the San Benito County Code, the general plan and any applicable specific plan;
(2) The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
(3) The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this title;
(4) The site is physically suitable for the type, density, and intensity of the use being proposed. Suitability criteria may include, but are not limited to, access, utilities, and the absence of physical constraints.
(G) Conditions of approval.
(1) In approving a conditional use permit, the Director may impose reasonable conditions or restrictions to ensure that the project’s operation will allow all of the findings for approval to be made. The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
(2) Conditions of approval may be included requiring that specific actions take place by specified deadlines. Noncompliance with such conditions may result in revocation, as provided in this section.
(H) Modification. Modifications to an approved conditional use permit may be made per the provisions of the modification of approvals section in Chapter 25.02.
(I) Notice of decision. An official notice of approval or denial of a conditional use permit shall be provided to the applicant. The notice shall include:
(1) The date of the decision.
(2) Any conditions of approval.
(3) A deadline to file an appeal of the decision, which shall be per the procedures in Chapter 25.01 of this code.
(J) Appeals. The public or applicant can request an appeal of the Planning Commission’s decision per the procedures established in § 25.01.008 of this code.
(K) Effective date.
(1) The Planning Commission’s approval shall be final when the deadline for an appeal by the public or applicant has expired without the filing of an appeal.
(2) Applications which have been appealed shall be deemed not approved until the Board of Supervisors takes action to approve or deny.
(L) Expiration. No automatic expiration for a conditional use permit is imposed by this title. Conditions may be required to be complied with by a certain date. If such conditions are not followed, revocation may proceed as provided in this section.
(M) Revocation. A conditional use permit can be revised or revoked following a public hearing by the Planning Commission based on non-compliance with conditions of approval or to address issues which have arisen due to the operation of the use despite adherence to all approved condition of approval. Noticing and hearing procedures for revocation shall be the same as for the initial consideration of the conditional use permit.
(N) Reapplication for denied conditional use permit. If a conditional use permit is denied, no new application for a new permit substantially the same as the one denied shall be considered for a period of one year following denial.
(O) Automatic issuance of a conditional use permit to holder of surface mining operations permit. Upon the issuance of the operations permit, pursuant to the surface mining operation and reclamation code set out in the surface mining and reclamation section in § 25.08.017, a conditional use permit shall automatically be issued by the Planning Director without further hearing and without additional fee to the holder of the operations permit. All conditions of the operations permit shall be conditions of the use permit. The status of the use permit shall be the same as that of the operations permit.
(Ord. 1043 § 3 (part), 2022)