(a) The purpose of a Use Permit shall be to allow the proper integration into the community of uses which may be suitable only in specific locations in a zone or only if such uses are designed or laid out on the site in a particular manner.
(b) Applications for Use Permits shall be filed by the owner or his/her authorized agent in the office of the Community Services Department, on forms provided by the Department, accompanied by a fee, a Site or Plot Plan, and any other drawings or information as may be required to fully describe the request, as set forth in Section 8-2.209. No application may be filed which proposes any use which is not consistent with the General Plan of the County, as amended. The rejection of applications on the basis of inconsistency may be appealed as provided in Section 8-2.225 of this chapter.
(c) The Planning Commission or Zoning Administrator shall hold a public hearing on the requested Use Permit, notice of which shall be given by mail as provided in Section 8-2.211. The Planning Commission or Zoning Administrator may approve, conditionally approve, or disapprove an application for a Use Permit. The Planning Commission shall act on applications for Major Use Permit, as that term is defined in this title, and the Zoning Administrator shall have the discretion to act on applications for a Minor Use Permit, as that term is defined in this title, or send the Minor Use Permit application to the Planning Commission.
(d) If the Planning Commission or Zoning Administrator approves a Use Permit application, it may attach such Conditions of Approval, including standard and specific design, development, and performance requirements, infrastructure requirements, standard time limitations, guarantees, amortization schedules, assurances, and requirements, as may be necessary to accomplish the objectives set forth in this chapter and the requirements of the General Plan. The Planning Commission and Zoning Administrator may impose such Conditions of Approval as are necessary to allow the findings set forth in this subsection to be made and may require the applicant to execute and record documents which insure that such conditions run with the land.
(e) In granting a Use Permit, the Planning Commission or Zoning Administrator, with due regard to the nature and condition of all adjacent structures and uses, the zone within which the structures and uses are located, and the General Plan, shall find the following general conditions to be fulfilled:
(1) The requested use is listed as a conditional use in the zone regulations or elsewhere in this chapter;
(2) The requested use is essential or desirable to the public comfort and convenience;
(3) The requested use will not impair the integrity or character of the neighborhood nor be detrimental to the public health, safety, or general welfare;
(4) The requested use will be in conformity with the General Plan;
(5) Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities will be provided;
(6) The requested use, if located in an agricultural zone, will serve and support production of agriculture, the agricultural industry, or is otherwise agriculturally related; or if the use is not agriculturally related (e.g., solar or wind energy, rural recreation, and other non-agricultural uses), the use is listed as a conditional use consistent with subsection (1), above, and generally relies on a rural location; and
(7) The requested use, if located in an agricultural zone, and if proposed on prime farmland, cannot be reasonably located on lands containing non-prime farmland.
(f) Revocation and modification. A Use Permit may be revoked or modified as provided by the provisions of this section. For purposes of this section, such modification may include the modification of the terms of the permit itself or the waiver, alteration, or imposition of new conditions.
(1) Grounds for Revocation or Modification. Revocations or modifications may be made upon a finding of any one or more of the following grounds:
a. That such permit was obtained by fraud or misrepresentation;
b. That any person making use of or relying upon the Use Permit is violating or has violated any conditions of the permit, or that the use for which the Use Permit was granted is being, or has been exercised contrary to the terms or conditions of such approval;
c. If the use for which the Use Permit was granted is being, or has been exercised in violation of any state law, ordinance or regulation adopted pursuant;
d. That the use for which the Use Permit was granted is so conducted as to be a nuisance or detrimental to the public health, welfare, or safety; or
e. That the use for which the Use Permit was granted has been materially altered or expanded beyond the scope of the use originally authorized. Factors such as, but not limited to, increased number or size of structures, finding that a nuisance exists, or alteration of the approved project plan may be cause for modification or revocation of a conditional use permit.
(2) Automatic revocation. If the permittee has not taken substantial steps towards putting the property into the use for which the Use Permit was granted within the time limit set when granted, or within one year after the date of the hearing if no specific time has been set, and an extension of time has not been approved by the Planning Commission or the Zoning Administrator according to Section 8-2.216(f), the Use Permit shall be deemed to be null and void without further action.
(3) Initiation of Action. An action to revoke or modify a Use Permit may be initiated by order of the Board of Supervisors or Planning Commission, on its own motion or on the request of the Planning Director or Zoning Administrator, or his/her authorized designee(s).
(4) Proceedings for Revocation or Modification.
a. Guidelines. Unless otherwise required by California law or this subsection (4), the adopted guidelines for quasi-judicial appeals and hearings shall apply to procedures arising under this chapter. As set forth in the guidelines, the chair of the hearing body may modify or waive provisions of the guidelines as appropriate. The guidelines do not create any additional rights and any failure to follow these guidelines shall not affect the validity of the hearing or the decision made.
b. Public hearing; notice. Any action to revoke or modify a Use Permit shall require a public hearing held by the Planning Commission or Zoning Administrator, whichever granted the Use Permit, and notice given pursuant to Section 65091 of the Government Code.
c. Notice contents. The contents of the notice shall contain the following information:
(i) Date, time and place of the public hearing;
(ii) A general explanation of the matter to be considered at the public hearing including the basis therefor; and,
(iii) A general description, in text or by diagram, of the location of the real property, if any, that is the subject of the public hearing.
d. Conduct of hearing. The public hearing shall be conducted as follows:
(i) The Planning Commission or Zoning Administrator will hear sworn testimony and consider other evidence concerning the proposed action;
(ii) County staff and the permittee may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine any and all witnesses.
(iii) Formal rules of evidence or procedure shall not apply, including rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
(iv) The standard of proof shall be by a preponderance of the evidence.
(g) The decision of the Planning Commission or the Zoning Administrator shall take effect, and appeals thereof made and considered, in the manner provided in Section 8-2.225.
(h) No Use Permit which has been approved by the Planning Commission or Zoning Administrator shall become valid prior to the expiration of the appeal period, as set forth in Section 8-2.225, or the final action on an appeal to the Board of Supervisors.
(Ord. 1445, eff. August 14, 2014; as amended by Ord. 1543, eff. October 14, 2021)