§ 22.62.050. Minor Use Permits.

The Minor Use Permit review process provides for public review of significant land use proposals that are not of sufficient magnitude to warrant Commission review; and to insure the proper integration into the community of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner. The Minor Use Permit process shall include the opportunity for a public hearing before the Director. Action on a Minor Use Permit is discretionary, and may include: approval based on the standards of this Title; approval with conditions; or disapproval, based on conflict with the provisions of this code, or information in the Tentative Notice of Action or public hearing testimony. When Minor Use Permit approval is required by this Title, preparation and processing of the application shall be as follows

A.

Application content. The content of a Minor Use Permit application shall be the same as for Site Plan Review (Section 22.62.040), and shall also include a list of names and addresses of all owners of property located within 300 feet of the perimeter of the parcel to be developed, accurate as of the day the application is filed with the County.

B.

Minor Use Permit processing. Minor Use Permit applications shall be filed with the Department of Planning and Building, and shall be processed as follows.

1.

Environmental determination. When a Minor Use Permit application has been accepted for processing as set forth in Section 22.60.050 (Determination of Completeness), it shall be subject to an environmental determination as required by the California Environmental Quality Act (CEQA). No action shall be taken to approve or conditionally approve the application until the environmental determination results in.

a.

A statement by the Environmental Coordinator that the project is exempt from the provisions of CEQA; or

b.

Approval of a negative declaration by the Review Authority in compliance with CEQA; or

c.

Certification of a final environmental impact report (EIR) by the Review Authority in compliance with CEQA.

If an EIR is required, the project shall be processed and authorized only as a Use Permit (Section 22.62.060).

Where no EIR is required, Minor Use Permit processing shall be as described in this Section.

2.

Referral to Commission.

a.

At the discretion of the Director, any Minor Use Permit application for a project that may generate substantial public controversy or involve significant land use policy decisions may be referred to the Commission for review and decision in the same manner as a Conditional Use Permit (Section 22.62.060), without the applicant being charged an additional application fee.

b.

An applicant may also choose that a Minor Use Permit application be subject to Commission review and decision as a Conditional Use Permit, provided that an additional fee in an amount equivalent to the difference between the fees for Minor Use Permit and Conditional Use Permit is first paid. This request by the applicant shall be filed with the Director in writing before notice of the administrative hearing is provided in compliance with Subsection B.4.

3.

Tentative Notice of Action. Before scheduling an administrative hearing on a Minor Use Permit, the Director shall cause a Tentative Notice of Action to be prepared. The tentative notice shall.

a.

Identify the proposed project and applicant;

b.

Describe the relationship of the project to applicable county land use and development policies and ordinances;

c.

Cite all relevant findings to be made in connection with the action on the project;

d.

Note whether the tentative action shall be approval, approval subject to conditions or disapproval of the Minor Use Permit; and

e.

List any applicable conditions of approval.

f.

Note that the tentative decision will become the final action on the project, effective on the 15th day following the administrative hearing, unless the tentative decision is changed as a result of information obtained at the hearing or is appealed in compliance with Section 22.70.050.

The Tentative Notice of Action shall be mailed to the applicant no later than 15 days before the administrative hearing. The Tentative Notice of Action may also be provided any other interested persons upon request, subject to the fees set by the Board.

4.

Administrative hearing. A public hearing before the Director on each Minor Use Permit shall receive public notice and be conducted as follows.

a.

Notice of hearing. Notice of public hearing shall be given as provided by Section 22.70.060, except as follows.

(1)

Content of notice. In addition to the information required by Government Code Section 65094, the notice shall declare that the application will be acted on without a public hearing if no request for a hearing is made in compliance with Subsection B.

(2)

Method of notice distribution. Notice of public hearings shall be given as provided by Section 22.70.060.A.

b.

Public hearing. A public hearing on a Minor Use Permit shall occur only when a hearing is requested by the applicant or other interested person(s). This request shall be made in writing to the Director no later than seven days after the date of the public notice provided in compliance with Subsection B.4.a. In the event a public hearing is requested, the Minor Use Permit shall be scheduled for a hearing on the date and time as defined in the public notice. In the event that a proposed project conflicts with existing plans and ordinances, the Director may continue an item to the next meeting date regardless of whether a public hearing has been requested. The applicant and any interested parties shall be notified of the continuance.

5.

Final decisions on Minor Use Permits. Immediately after the conclusion of public testimony in the case of a public hearing, or no sooner than the date of the meeting specified in the public notice required by Subsection B.4.a, the Director shall:

a.

Announce that the decision on the project set forth in the Tentative Notice of Action is the final administrative action on the proposed project and that the Minor Use Permit will become effective as set forth in Subsection E. unless appealed; or

b.

Announce that the tentative decision is changed as a result of information provided at the administrative hearing and whether the final decision is approval, conditional approval or denial; or

c.

Continue the hearing to a date certain to provide additional time to evaluate information obtained at the hearing prior to a final decision; and

d.

In the event final action is taken, notify interested persons of the procedures by which the decision of the Director may be appealed.

C.

Minor Use Permit approval or disapproval. The authority to take final action on a Minor Use Permit as set forth in this Subsection is assigned to the Director for the purposes of this Section, in compliance with Section 22.70.020.B and the authority established by Government Code Sections 65900 et seq. Decisions by the Director on Minor Use Permits may be appealed in compliance with Section 22.30.060.

1.

Criteria for approval. A Minor Use Permit shall be approved only where the proposed use satisfies all applicable provisions of this Title, including but not limited to the findings in Section 22.62.060.C.4.

2.

Authority for action. Approval or disapproval of a Minor Use Permit shall occur in the same manner and with the same discretion and effect as set forth for Conditional Use Permits in Section 22.62.060, provided that all authority to reach decisions, make findings, and impose conditions of approval in compliance with Section 22.62.060.C is assigned to the Director.

D.

Notice of Final Action. Within seven days of the administrative hearing, or no sooner than the date of the meeting specified in the public notice required by Subsection B.4.a, the Director shall prepare a written Notice of Final Action. The Notice of Final Action shall include the Tentative Notice of Action described in Subsection B.3, and shall also describe any changes to the tentative action as a result of the administrative hearing (if held), including the final action itself, findings or conditions of approval resulting from the hearing, as well as noting the effective date of the Minor Use Permit. The notice shall be mailed to the applicant.

E.

Effective date of Minor Use Permit. The approval of a Minor Use Permit shall become effective for the purposes of construction permit issuance, business license clearance, or establishment of a non-structural use, on the 15th day following the act of Director's approval, unless an appeal is filed in compliance with Section 22.70.050.

F.

Post-approval procedures. The procedures in Chapter 22.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Minor Use Permit.

[Amended 1992, Ord. 2553; 1992, Ord. 2583; 1994, Ord. 2696; 1995, Ord. 2741; 1999, Ord. 2880]