§ 23.02.033. Minor Use Permit.

The purpose of a Minor Use Permit is to satisfy the notice and public hearing requirements established by the California Coastal Act for Plot Plans and other appealable land use permits; enable public review of significant land use proposals which are not of sufficient magnitude to warrant Planning 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 Planning Director. Plot Plans that are required to be processed as Minor Use Permits pursuant to Section 23.02.030f of this title, and are subject to a public hearing pursuant to subsection b(4)(ii), may be scheduled for public hearings as consent agenda or regular agenda items at the sole discretion of the Planning 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: [Amended 1995, Ord. 2740]

a.

Application content. The content of a Minor Use Permit application shall be the same as for Plot Plans (Section 23.02.030a through c.), and shall also include the following information:

(1)

Preliminary floor plan: For all structural uses except single residences and agricultural accessory buildings; and

(2)

Architectural elevations: For all structural uses except single residences and agricultural accessory buildings, provide illustrations of how the completed buildings will appear, such as elevations, renderings or perspectives of each proposed structure, identifying the color, texture and type of all exterior finish and roofing materials; and

(3)

Adjacent land use information: For all uses except single residences, the location, use and approximate dimensions of buildings within 100 feet of the site; and

(4)

Landscape plan: To be prepared as required by Sections 23.04.180 et seq. (Landscape), for all applicable projects pursuant to Section 23.04.182; and

(5)

Contour map: To be prepared as follows, except when a grading plan is required by Section 23.05.028 (Grading):

(i)

Inside urban reserve lines: Provide site contour information at five-foot intervals for undeveloped areas and two-foot intervals for building sites and paved or graded areas.

(ii)

Outside urban reserve lines: Provide site contour information at 10-foot intervals (which may be interpolated from USGS Topographic Quadrangle Maps) for undeveloped areas, and at two-foot intervals for building sites and paved or graded areas.

(iii)

Areas in excess of 30% slope: May be designated as such and contours omitted, unless proposed for grading, construction or other alteration.

(6)

Supplementary development statement: Including a phasing schedule for project construction if proposed, and identification of any areas proposed to be reserved and maintained as common open space. Applications for special uses (Chapter 23.08) are to include explanation of how the applicable provisions of Chapter 23.08 will be met.

(7)

Reduced drawings. Site plan applications shall include one copy each of the site layout plan and architectural elevations (if any), reduced to 8-1/2 by 11 inch sheets to facilitate the transmittal of such information on the proposed project to responsible agencies for their review.

(8)

Public access locations. Applications for projects between the ocean and the nearest public road shall include the mapped locations of nearest public access points to the project. Applications shall also show the mapped locations of any existing public access easements or recorded offer to dedicate public access easements on the subject property.

(9)

Cross-section drawings: An application for a project within a special community or small-scale neighborhood identified in Chapter 23.11 of this title shall include two sectional views of the project, approximately through the middle and at right angles to each other. Show existing and proposed grades and the location of and distances between buildings, parking and landscaping.

(10)

Mailing list. A list of names and addresses of all owners of real property within 300 feet as shown on the latest equalized assessment role, and residents within 100 feet of the perimeter of the parcel to be developed. This list shall be typed on gummed labels.

b.

Minor Use Permit processing. Minor Use Permit applications shall be filed with the Planning Department, 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 23.02.022 (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:

(i)

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

(ii)

Approval of a negative declaration by the decision-making body pursuant to CEQA; or

(iii)

Certification of a final environmental impact report (EIR) by the decision-making body pursuant to CEQA. If an EIR is required, the project shall be processed and authorized only as a Development Plan (Section 23.02.034). Where no EIR is required, Minor Use Permit processing is to be as described in this section.

(2)

Public hearing procedure. Where an application is subject to a public hearing pursuant to subsection b(4)(ii), the following shall apply

(i)

Regular agenda. Except as provided by subsection (b)(2)(ii) below, all Minor Use Permits shall be heard as regular agenda items.

(ii)

Consent agenda. Projects that would normally be required by Section 23.03.042 or Chapter 23.08 of this title to have Plot Plan approval, but are required to have a public hearing pursuant to Section 23.02.030f. because they constitute development that may be appealed to the Coastal Commission pursuant to Section 23.01.043, may be listed upon the Minor Use Permit hearing agenda and acted upon as a consent agenda item, at the sole discretion of the Planning Director.

(iii)

Referral to Planning Commission:

(a)

At the discretion of the Planning 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 Planning Commission for review and decision in the same manner as a Development Plan (Sections 23.02.034b and c.), without the applicant being charged an additional application fee.

(b)

An applicant may also choose that a Minor Use Permit application be subject to Planning Commission review and decision as a Development Plan, provided that an additional fee in an amount equivalent to the difference between the fees for Minor Use Permit and Development Plan is first paid. Such request by the applicant shall be filed with the Planning Director in writing before notice of the administrative hearing is provided pursuant to subsection b(4) of this section.

(3)

Tentative Notice of Action. Except for projects determined to be consent agenda items, the Planning Director shall cause a Tentative Notice of Action to be prepared. The tentative notice shall:

(i)

Identify the proposed project and applicant;

(ii)

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

(iii)

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

(iv)

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

(v)

List any applicable conditions of approval.

(vi)

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 pursuant to Section 23.01.042 or 23.01.043.

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 of Supervisors.

(4)

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

(i)

Notice of hearing. Notice of public hearing shall be given as provided by Section 23.01.060 except as follows:

(a)

Content of notice. In addition to the information required by Government Code Section 69094, the notice shall declare that the application will be acted on without a public hearing if no request for a hearing is made pursuant to subsection (ii) of this section.

(b)

Method of notice distribution. Notice of public hearings shall be given as provided by Section 23.01.060a(2).

(ii)

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). Such request shall be made in writing to the Planning Director no later than 7 before the date of the meeting specified in the public notice provided pursuant to subsections (i)(a) and (b) of this section or within 10 days from the date of the notice, whichever comes later. 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. The Director has the authority to continue an item to the next meeting date where there is a conflict with exiting plans and ordinances, even where no public hearing has been requested. The applicant and any interested parties shall be notified of the continuance, and notice of the continued hearing shall be provided in accordance with Section 23.01.060c.

(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 provided pursuant to subsections b(4)(i)(a) and (b), the Planning Director shall:

(i)

Announce that the decision on the project is the final administrative action on the proposed project and that the Minor Use Permit will become effective as set forth in subsection e. of this section unless appealed; or

(ii)

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

(iii)

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

(iv)

In the event final action is taken notify interested persons of the procedures by which the decision of the Planning 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 of Planning and Building for the purposes of this section, pursuant to Section 23.01.040b and the authority established by Government Code Sections 65900 et seq.. Decisions by the director on Minor Use Permits may be appealed pursuant to Section 23.01.042.

(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 23.02.034c.

(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 Development Plans in Section 23.02.034c, provided that all authority to reach decisions, make findings, and impose conditions of approval pursuant to Section 23.02.034c is assigned to the Planning Director.

d.

Notice of Final Action. Within seven days of the administrative hearing and the expiration of the time period for appeals to the Planning Commission or Board of Supervisors, 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) of this section and shall also describe any changes to the tentative action as a result of the administrative hearing (if held), including the final action itself. The notice of final action shall also include the findings or conditions of approval resulting from the hearing, a determination if the decision is appealable to the Coastal Commission, the procedures for appealing the local decision to the Coastal Commission (if applicable), and the effective date of the Minor Use Permit. The notice shall be mailed to the applicant and the Coastal Commission. The notice shall be prepared and mailed so as to also satisfy all applicable provisions of Section 23.02.036, and:

(1)

Regular items. The notice shall also include the Tentative Notice of Action described in subsection b(3) of this section.

(2)

Consent items. The notice shall state that the Minor Use Permit was heard as a consent agenda item.

(3)

Other items. The notice shall state that the Minor Use Permit was approved by the Director no sooner than 10 days after the date of the public notice provided pursuant to subsections b(4)(i)(a) and (b).

e.

Effective date of Minor Use Permit. Except as otherwise provided by Section 23.01.043 for projects that may be appealed to the Coastal Commission, 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 as set forth in Section 23.01.042. Minor Use Permits appealable to the Coastal Commission shall become effective only after the provisions of Section 23.02.039 (Effective Date of Land Use Permit for an Appealable Project) are met.

[Amended 1993, Ord. 2649; 1995, Ord. 2715; 1995, Ord. 2740; 2004, Ord. 2999; 2004, Ord. 3001; 2013, Ord. 3253]