§ 8111-1.2.1. Discretionary Permits.

a.

Planned Development (PD) Permit—A Planned Development Permit is a permit based upon a discretionary decision that is required prior to initiation of specified uses and structures which are allowed as a matter of right, but which are subject to site plan review and which may be conditioned in order to assure compliance with the requirements of this Chapter and with the purposes of the applicable zone. Planned Development Permits may be granted by the Planning Director or his/her designee through an administrative hearing process, or by the Planning Commission or Board of Supervisors through a public hearing process.

In the case of a use or development that also contemplates a subdivision of property located within the R-P-D Zone, the Planned Development Permit shall be processed simultaneously with the subdivision application. Where the subdivision application would normally be approved by some authority higher than the authority normally specified for approval of the permit by Article 5, the permit may be approved only by that higher authority. Where the subdivision application would normally be approved by some authority lower than the authority normally specified for approval of the permit by Article 5 or this subsection (a), that lower authority shall defer action on the subdivision application to that higher authority. For the purposes of this Section, the Planning Commission is a higher authority than the Planning Director and the Board of Supervisors is a higher authority than the Planning Commission.

b.

Conditional Use Permit (CUP)—A Conditional Use Permit is a permit based upon a discretionary decision required prior to initiation of particular uses not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned in order to assure compliance with the requirements of this Chapter and with the purposes of the applicable zone. Such permits may be denied on the grounds of unsuitable location, or may be conditioned in order to be approved. Conditional Use Permits may be granted through a public hearing process by the Board of Supervisors, the Planning Commission, or the Planning Director or designee. Except for projects initiated by a County agency or department, applications for Board of Supervisors-approved Conditional Use Permits shall first be reviewed by the Planning Commission.

c.

Emergency Use Authorization (EUA)—The Planning Director may authorize, by letter and without a hearing, a use or structure in an emergency situation where delay incident to the normal processing of an application would be physically detrimental to the health, safety, life, or property of the applicant or the public. EUAs may only be granted in accordance with the following standards:

(1)

If directly related to an earthquake, flood, tsunami, landslide, chemical spill, collision, explosion, or similar disaster or catastrophic physical change that has occurred or is imminent. EUAs may also be granted under other circumstances if the magnitude of the impacts on the public or the applicant are, or can be expected to be, comparable to those attributed to the disasters and catastrophic changes referenced above.

(2)

The EUA shall be valid for a period for no more than 180 days. Where the use or structure is intended to continue beyond 180 days, application for the appropriate permit shall be made to the appropriate decision-making authority in the usual manner within 30 days after issuance of the EUA.

(3)

The standards of Sec. 8111-1.2.1.1 and the standards of Section 8111-1.2.1.2 through 8111-1.2.1.6 as applicable to the location and use.

d.

Major and Minor Modifications—These are discretionary actions which authorize the modification of existing permits and are granted through a process set forth in Section 8111-6.

e.

Continuation Permits for Nonconforming Uses and Structures—A Continuation Permit for Nonconforming Uses and Structures is a Planning Commission-approved discretionary permit for the time extension of nonconforming uses and structures. These permits are subject to the criteria of Section 8113-2 for mobilehomes, and Section 8113-5.4 for other nonconforming uses no longer permitted.

f.

Expansion Permits for Nonconforming Uses—An Expansion Permit for Nonconforming Uses is a Planning Commission-approved discretionary permit for the expansion of existing lawfully permitted uses in the Open Space zone that were made nonconforming by changes to zoning regulations approved on March 2, 2010. Expansion Permits for Nonconforming Uses are subject to the standards in place at the time the use was made nonconforming.

(Ord. No. 4411, § 6, 3-2-2010)