This Chapter provides requirements and procedures for the preparation, filing, and processing of applications for the land use permits required by this Title. This Chapter also sets time limits for application processing, the establishment of approved land uses, commencement of construction and project completion. [22.02.020]

Table 6-1 (Review Authority) identifies the County official or body responsible for reviewing and making decisions on each type of application, land use permit, or other approvals required by this Title.

TABLE 6-1
REVIEW AUTHORITY

;sz=8q;Notes:

(1)

"Recommend" means that the Review Authority makes a recommendation to a higher decision-making body; "Decision" means that the Review Authority makes the final decision on the matter; "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Section 22.70.050 (Appeals).

(2)

The Director may refer any matter subject to his/her decision to the Commission, so that the Commission may instead make the decision.

A.

Land use permit. If a proposed project involves multiple land uses, project authorization may be obtained by means of a single permit application for the highest permit level required for any of the individual uses. (For example. A commercial center of several stores, proposed to contain a use requiring Conditional Use Permit approval and two uses requiring Site Plan Review, may be authorized by a single Conditional Use Permit approval.)

B.

Land division and lot line adjustment.

1.

Where a land use permit is required in conjunction with a land division application, the Review Authority that would otherwise grant the land use permit shall take action.

2.

Where a land use permit is not required in conjunction with a land division application but is being processed concurrently with the application, the action on the land use permit is delegated to the advisory agency that will take action on the land division or lot line adjustment application.

[Amended 1994, Ord. 2696] [22.02.027]

A.

Pre-application conference. The applicant or their representative is encouraged to request a pre-application conference with the Department of Planning and Building as early in the process as possible (i.e., prior to any substantial investment such as land acquisition and site engineering and construction plans), subject to the applicable fee. During the conference, Department representatives, and where applicable, representatives from other County departments, should discuss applicable policies, plans, standards, and requirements as they apply to the proposed project, review the appropriate procedures for processing the application and examine possible alternatives or modifications relating to the proposed project. Land use, land division and lot line adjustment applications are subject to a public hearing and are discretionary. Action on an application by the Review Authority may differ from the opinion given by staff during the pre-application conference. [Added 1994, Ord. 2696] [22.02.021]

B.

Application contents. Land use permit applications shall be filed with the Department of Planning and Building using the forms provided by the Department, and shall include all other information and materials required by the Department. It is the responsibility of the applicant to provide information in support of any findings required by this Article or Article 7 for the approval of the permit or other entitlement being requested. [22.02.030a]

C.

Fees required. Permit applications filed in compliance with this Title shall include the required filing fee at the time of submittal. The required filing fee is determined by the County Fee Ordinance. [22.01.034]

D.

Additional information required. Site Plan Review, Minor Use Permit, and Conditional Use Permit applications shall include the following information in addition to the other application content requirements of this Article, prior to acceptance of the application as complete. Some or all of these requirements may be waived by the Director in compliance with Subsection E. Where the applicant volunteers to complete an environmental impact report (EIR) in compliance with the requirements of CEQA, the additional information required by this Subsection may be fulfilled as part of the EIR completed for the project.

1.

Agricultural buffers. Where there is an existing agricultural use taking place on adjacent parcels and the applicant proposes an agricultural buffer, the buffer shall be shown on site plan, and incorporated into the site design or the lot configuration of the proposed land division.

2.

Archeological report. The applicant shall provide an archeological surface search, prepared by a qualified individual approved by the Director.

3.

Botanical report. The applicant shall provide a botanical report, prepared by a qualified individual approved by the Director.

4.

Biological report. The applicant shall provide a biological report, prepared by a qualified individual approved by the Director.

5.

Building site envelopes. Any proposed building sites that minimize grading, tree removal and other potential adverse impacts, or any areas proposed for exclusion from construction activities, shall be shown on the site plan for existing or proposed parcels larger than 10,000 square feet to demonstrate how the future development of the site(s) relates to the other information required by this Section.

6.

Noise study. Where required by the Noise Element or where the project adjoins a potential noise generator, a noise study shall be required to be prepared by a qualified individual approved by the Director.

7.

Tree inventory plan. The applicant shall provide a tree inventory plan that locates all trees, on a site plan, their size and species and any proposed for removal. The plan shall also include proposals for replacement of trees to be removed. In areas where no trees are proposed for removal, the limits of the wooded area may be designated by the outline of the canopy.

8.

Visual analysis. For applications that propose development along significant visual corridors, as identified in the Open Space Element or the Land Use Element, a visual analysis shall be required to be prepared by a qualified individual approved by the Director.

9.

Other information. To be based on the list(s) maintained by the Department of Planning and Building, as allowed by Government Code Section 65940, as required for specific cases to allow adequate review of the proposal, and determine consistency with the General Plan and other applicable ordinances.

[Added 1992, Ord. 2553] [22.02.035]

E.

Waivers of content. Some or all of these requirements may be waived by the Director upon receipt of a written request stating the specific conditions on the site that negate the need for the additional information, the unusual characteristics of a project site or the nature of a project make it infeasible or unnecessary for the applicant to submit all of the information for a permit application required by this Title, or that the information is available in the Department of Planning and Building and this makes the provision of the additional information unnecessary. If the Director finds any of the above circumstances, the Director may waive or reduce the requirements if it is also found that the absence of the documentation will not reduce the ability of the Director to evaluate the compliance of the proposed project with the standards of this Title.

[Amended 1986, Ord. 2250] [22.02.024]

Applications filed with the Planning and Building Department in compliance with this Title and applicable provisions of State law shall be processed as follows.

A.

Completeness review. Within the time periods specified by this Section, the Director shall determine whether a land use permit application includes the information required by this Chapter and any information required by the lists maintained by the Department, as allowed by Government Code Section 65940, which specify in detail information required to be submitted prior to the department's determination of whether an application is complete, and shall notify the applicant of the results of that determination. The applicant shall be informed by a letter either; that the application has been accepted for processing, or that the application is incomplete. If the application is determined to be incomplete, the letter shall specify the parts of the application that are incomplete and shall indicate the manner in which the application can be made complete, including a list and description of specific information needed.

1.

Zoning Clearances. The determination of completeness shall occur at the time of application filing. No Zoning Clearance application shall be accepted for processing unless it is determined to be complete at the time of filing.

2.

Site Plan Review, Minor Use Permits, and Conditional Use Permits. The determination of completeness shall occur in compliance with the procedures and time limits set forth in Government Code Section 65943.

When an applicant is notified that an application is incomplete, the time used by the applicant to prepare and submit the additional information shall not be considered part of the period within which the Director must determine completeness. The time available to an applicant to prepare and submit additional information is limited by Section 22.64.030 (Application Deemed Withdrawn). When information requested to complete an application is received by the Director, the information shall be reviewed for adequacy within the same time frame required for the initial completeness review by Subsections A.1 and A.2 for the respective application type.

[Amended 1992, Ord. 2553] [22.02.022]

B.

Referral. Planning and Building Department review of applications filed in compliance with this Chapter will include notification of the following agencies. The purpose of notification shall inform interested agencies of proposed projects that may affect their jurisdictions so that the agencies may provide comments on development proposals.

1.

Air Pollution Control District (APCD): The APCD shall be notified in compliance with Section 22.10.030 (Air Pollution Control District Review).

2.

Public Works Department. The County Public Works Department shall be notified of all Site Plan Review, Minor Use Permit and Conditional Use Permit applications regarding matters of drainage, flood hazards, water and sewer facilities, public street access and improvements, and surface mining operations conducted on behalf of the County.

3.

Fire Department. County fire protection agencies including the County Fire Department, the various county fire protection districts and the California Department of Forestry shall be notified of all Site Plan Review, Minor Use Permit and Conditional Use Permit proposals within their respective jurisdictions.

4.

Health Department. The County Health Department shall be notified of land use proposals in compliance with Section 8.06.010 (Construction Plans Required) of this code, or any case where a proposed use will involve toxic or hazardous materials in larger than household quantities.

5.

Incorporated cities. The incorporated cities of the County shall be notified of all Site Plan Review, Minor Use Permit and Conditional Use Permit proposals in or within one mile of their respective urban reserve lines, or other area defined by agreement between the County and City.

6.

Regional Water Control Board. The Regional Water Quality Control Board shall be notified in compliance with Section 22.10.090 (Water Quality).

7.

Special districts. Special districts, Including community services districts, school districts and sanitary districts shall be notified in the same manner as incorporated cities.

8.

Public utilities. Public utility companies including but not limited to providers of water, gas, telephone and electrical services shall be notified of all Site Plan Review, Minor Use Permit and Conditional Use Permit applications.

[Amended 1992, Ord. 2553] [22.02.026]

A.

Permit review procedures. This Chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this Title.

B.

Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Title 21 (Subdivisions) of this code.

C.

Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Chapter 22.60 (Permit Application Filing and Processing), for each application.

A.

Purpose of review. The Department of Planning and Building reviews business license applications to verify the compliance of proposed uses and buildings with county land use regulations, as required by Title 6 of this code. These standards apply to business license applications that:

1.

Propose a new business; or

2.

Involve a change of use in an existing structure; or

3.

Renew a license for a business using leased off-site parking.

B.

Standards for business license clearance. No business license shall be approved by the Director unless the proposed site and land use satisfy the following requirements, as applicable.

1.

All licenses. Approval of all business license applications reviewed by the Director shall satisfy the following criteria.

a.

Use. The proposed use has been authorized by an approved land use permit; or where business license clearance is the only authorization required by this Title, the proposed use is allowed in the land use category that applies to the site, and is also allowed by any combining designation or planning area standard (Article 9) applicable to the site; or is a legal nonconforming use in compliance with Chapter 22.72.

b.

Structure. The Building Official certifies that the structure conforms to all applicable requirements of Title 19, evidenced by a Certificate of Occupancy.

c.

Operational standards. The proposed use will comply with all applicable provisions of Sections 22.10.030 (Air Quality), 22.10.050 (Explosives Storage), 22.10.060 (Exterior Lighting), 22.10.070 (Flammable and Combustible Liquids Storage), 22.10.170 (Vibration), and 22.10.180 (Water Quality).

d.

Violation. The proposed site and any structures or land uses existing on the site are not in violation of any applicable provision of this Title or this code.

2.

Re-use of existing structures. Approval of a business license application that proposes establishment of a new (different) business in an existing building or structure shall be subject to the provisions of Subsection B., and in addition shall be subject to the following.

a.

Parking. The proposed business site shall contain the number of off-street parking spaces, driveway and parking lot improvements as required by Chapter 22.18 (Parking); except as otherwise provided by Section 22.72.100 (Nonconforming Parking).

b.

Signing. All signing on the proposed site shall be in conformity with Chapter 22.20 (Signs), and Section 22.72.070 (Nonconforming Signs).

3.

New uses. Approval of a business license that proposes the first occupancy of a new building or structure shall require compliance with the provisions of Subsections B.1 and B.2, and in addition shall be subject to the following.

a.

Landscape, fencing and screening. All landscape, fencing and screening on the proposed site shall comply with Chapter 22.16 (Landscaping) and Section 22.10.080 (Fencing and Screening).

b.

Site development standards. The site shall conform to requirements for drainage, fire protection, curbs, gutters and sidewalks as required by Article 5 (Site Development Standards).

[Amended 1981, Ord. 2063; 1986, Ord. 2250; 1993, Ord. 2648] [22.02.028]

A Zoning Clearance is a ministerial land use permit. When a Zoning Clearance is required by this Title to authorize a development proposal, its approval certifies that the land use or development will satisfy all applicable provisions of this Title. In cases where a construction permit is required by Title 19 of this Code, the Zoning Clearance is processed and approved as part of the construction permit application and approval process. Approval of a Zoning Clearance enables the establishment of a land use that does not require a construction permit but is still subject to the standards of this Title.

A.

Zoning Clearance application. Zoning Clearance applications shall include the information required by Section 22.60.040.B, and the following additional information. Drawings shall be neatly and accurately prepared, at an appropriate scale that will enable ready identification and recognition of submitted information.

1.

Zoning Clearance content. Zoning Clearance applications shall include a site layout plan containing the following information, using multiple sheets if necessary, except as provided by Section 22.60.040.D (Waivers of Content).

a.

Site location and dimensions. Location, exterior boundaries and dimensions of the entire property that is the subject of the application. Scale of the drawing and a north arrow. Outside of the urban or village reserve lines identified by the Land Use Element, include an area location map showing the proposed project site and its distance from nearby roads, towns, and natural or manmade landmarks, as necessary to readily locate the site.

b.

Road access and street improvements. Location, name, width, and type of surfacing of adjacent street(s) or alleys. Location of existing or proposed curbs, gutter and sidewalk improvements, if any; evidence documenting that the site has legal access to a public road and has or will be provided adequate all-weather physical access with completion of the development.

c.

Buildings and structures. Location, dimensions, and use of all existing and proposed structures on the property, including accessory structures, decks, balconies, fences, walls and other structural elements that protrude into yard areas (when the use of a proposed structure is not certain at the time of application, the occupancy-type as defined by the California Building Standards Code may be substituted for use); height of buildings and structures; elevations (relative height) from the finish floor of the garage or other parking area to the edge of the pavement or road at the driveway entrance.

d.

Easements. Location, dimensions and purpose of all recorded easements on the property, including, but not limited to, utility, drainage and access easements, etc.

e.

Utilities. Location, dimensions and type of proposed water supply and sewage disposal facilities or connections.

f.

Site improvements. Location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials; and identification of any driveway grades over 10 percent. Location and dimensions of areas proposed for grading and site disturbance. Where a landscape plan is required in compliance with Chapter 22.16, show compliance with the landscape standards Chapter 22.16.

g.

Landforms. The generalized location of any major topographic or man-made features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas.

h.

Additional information. To be included with Zoning Clearance applications as required in the following specific cases, in addition to all other information required by this Section.

(1)

Combining designation information. When required by Chapter 22.14 for sites within a combining designation identified by the Land Use Element.

(2)

Drainage plan. When required by Chapter 22.52 (Drainage) or Chapter 22.14 (Combining Designations).

(3)

Fire safety plan. When required by Chapter 22.50 (Fire Safety), to be submitted for projects outside the urban or village reserve lines.

(4)

Grading plan. When required by Chapter 22.52 (Grading).

(5)

Planning area requirements. An application shall also include all information required by Article 9 (Community Planning Standards) for a specific community, or area of the county.

(6)

Sign information. When any use is proposed to have signs, a description of their location, size, design and copy shall be provided.

(7)

Special standard requirements. An application shall also include all information required by the standards of Article 4 for a specific use, or by other Chapter of this Title.

(8)

Solid waste disposal information. As required by Section 22.10.150.

(9)

Trees. Applications for projects within urban or village reserve lines, or where required by planning area standards (Article 9), shall show the location of trees existing on the site in or within 50 feet of proposed grading or other construction, which are eight inches or larger in diameter at four feet above natural grade. Trees proposed to be removed shall be noted (any tree removal is subject to the requirements of Chapter 22.54 - Tree Preservation).

(10)

New or expanded irrigated crop production overlying the Paso Robles Groundwater Basin (excluding the Atascadero Sub-basin). As required by Section 22.30.204.

2.

Ownership verification. Evidence that the applicant is the owner of the subject site or has written authorization from the owner or owners to make the application.

B.

Zoning Clearance review and approval. The Director shall approve a Zoning Clearance application when the proposed project or use satisfies all applicable provisions of this Title. (In approving a Zoning Clearance that designates occupancy type rather than use, the Director will supply the applicant a list of uses that can be accommodated by the building and site improvements proposed, consistent with the requirements of this Title.)

C.

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

[Amended 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1993, Ord. 2648; 2015, Ord. 3308; 2014, Ord. 3282; 2022, Ord. 3483; 2023, Ord. 3484] [22.02.030]

Site Plan Review is required by this Title for projects more intensive than those requiring a Zoning Clearance. Site Plan Review considers the greater effects these uses may have upon their surroundings, and characteristics of adjacent uses that could have detrimental effects upon a proposed use. Like the Zoning Clearance, a Site Plan Review is also a ministerial land use permit. When Site Plan Review is required, application preparation and processing shall occur as follows.

A.

Site Plan Review application content. Site Plan Review applications shall include an application form and other information prepared as specified in Sections 22.60.040.B, and 22.62.030 (Zoning Clearance), and shall also include all the following.

1.

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

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.

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.

4.

Landscape plan. To be prepared as required by Chapter 22.16 (Landscaping), for all applicable projects in compliance with Chapter 22.16.

5.

Contour map. To be prepared as follows, except when a grading plan is required by Chapter 22.52 (Grading).

a.

Inside urban reserve lines. Site contour information shall be provided at five-foot intervals for undeveloped areas and two-foot intervals for building sites and paved or graded areas.

b.

Outside urban reserve lines. Site contour information shall be provided 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.

c.

Areas in excess of 30 percent 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 uses subject to the provisions of Article 4 (Standards for Specific Land Uses) shall include explanation of how the proposed project will comply with the applicable provisions of Article 4.

7.

Reduced drawings. Site Plan Review applications shall include one copy each of the site layout plan and architectural elevations (if any), reduced to 8-½- by 11-inch sheets to facilitate the transmittal of this information to responsible agencies for their review.

B.

Site Plan Review processing. Site Plan Review applications shall be submitted to the Department of Planning and Building and shall be processed as follows.

1.

Environmental determination. Where a Site Plan Review application is required by Chapter 22.52 (Drainage) or Chapter 22.14 (Combining Designations) to include a drainage plan, or where Chapter 22.14 or Article 4 (Standards for Specific Land Uses) otherwise require an environmental determination, the determination shall occur in compliance with Section 22.62.050.B, before the processing steps of Subsections B.2 through B.3.

a.

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

b.

Where no EIR is required, processing shall be as described in Subsections B.2 through B.3.

2.

Review and approval. The Director shall approve a Site Plan Review application if the proposed project satisfies all applicable provisions of this Title. Where a negative declaration on a Site Plan Review identifies necessary environmental impact mitigation measures, they shall apply to the approved Site Plan Review as conditions of approval. The approval shall become effective for the purpose of building or grading permit issuance, or establishment of a use not involving construction, on the date of approval of the Site Plan Review application unless an appeal is filed as set forth in Subsection B.3.

3.

Appeal of Site Plan Review decision. Any aggrieved person may appeal a Site Plan Review decision as stated in Section 22.70.050 (Appeal) within seven days of the decision; provided the only basis for an appeal, or action on an appeal by the appeal body shall be whether the proposed use satisfies all applicable provisions of this Title.

C.

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

[Amended 1982, Ord. 2091; 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1993, Ord. 2648]

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]

The purpose of a Conditional Use Permit is to: provide for public review of significant land use proposals; 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 Conditional Use Permit process includes a public hearing before the Commission. Action on a Conditional 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 staff report or public hearing testimony. When Conditional 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 Conditional Use Permit application shall be the same as required for Site Plan Review by Section 22.62.040, and Minor Use Permits by Section 22.62.050.

B.

Conditional Use Permit processing. Conditional Use Permit applications shall be submitted to the Department of Planning and Building, and shall be processed as follows.

1.

Environmental determination. When a Conditional Use Permit application has been accepted for processing as set forth in Section 22.62.050.A (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 decision making body in compliance with CEQA; or

c.

Certification of a final environmental impact report (EIR) by the decision- making body in compliance with CEQA.

2.

Staff report. Following completion of an Environmental Determination, the Department of Planning and Building shall prepare a staff report that:

a.

Describes the characteristics of the proposed land use or development project, as well as the project site and its surroundings; and

b.

References applicable county land use policies; and

c.

Determines whether the proposed use or project satisfies at minimum the provisions of this Title; and

d.

Recommends whether, and on what basis, the proposal should be approved, conditionally approved or disapproved.

3.

Public hearing. The Director shall schedule the Conditional Use Permit for public hearing before the Review Authority as set forth in Section 22.70.060.

C.

Conditional Use Permit approval or disapproval. The authority to take final action on a Conditional Use Permit as set forth in this Subsection is assigned to the Subdivision Review Board or Commission. Where a Conditional Use Permit application is required in conjunction with a land division application, the advisory agency designated to take action on the land division by Title 21 of this code shall consider both the Conditional Use Permit application and the land division application on the same agenda. Final action on the Conditional Use Permit shall occur prior to final action on the land division application. In all other cases requiring Conditional Use Permit approval only, the Commission is assigned to take final action. Decisions of the Review Authority may be appealed to the Board (Section 22.70.050).

1.

Conditions of approval. After the conclusion of a public hearing, the Review Authority may approve, conditionally approve, or disapprove the Conditional Use Permit. In conditionally approving a Conditional Use Permit, the Review Authority shall designate conditions to satisfy any requirements of CEQA, and to:

a.

Secure compliance with the objectives and requirements of this Title and the Land Use Element; and

b.

Designate time limits or phasing schedules other than those specified in Section 22.64.060 (Land Use Permit Time Limits) for the completion of projects, when deemed appropriate.

2.

Additional conditions. In addition to the conditions of Subsection C.1, the Review Authority may adopt other conditions, including but not limited to:

a.

Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 22.64.040 (Guarantees of Performance);

b.

Requiring installation of specific on-site or off-site improvements;

c.

Modifying, superseding or replacing conditions of approval imposed on the subject site or land use by a previous Conditional Use Permit, Minor Use Permit or any land use permit issued in compliance with the zoning ordinance (Ordinance No. 603).

d.

Authorizing land uses on the site in addition to those requested in the Conditional Use Permit application where the additional uses would normally be required by this Title to have Zoning Clearance, Site Plan Review or Minor Use Permit approval.

e.

Any other conditions judged by the Review Authority to be necessary to achieve compatibility between the proposed use and its site, its immediate surroundings, and the community.

3.

Effect of conditions. Whenever a Conditional Use Permit approval is granted or amended subject to conditions, use or enjoyment of the Conditional Use Permit approval in violation, or without observance of any condition shall constitute a violation of this Title. In the event of such a violation, the approval may be revoked or modified as provided in Section 22.14.160 (Permit Revocation). The duration of conditions is established in Section 22.64.120 (Lapse of Land Use Permit).

4.

Required findings. The Review Authority shall not approve or conditionally approve a Conditional Use Permit unless it first finds that:

a.

The proposed project or use is consistent with the Land Use Element of the General Plan; and

b.

The proposed project or use satisfies all applicable provisions of this Title; and

c.

The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and

d.

That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and

e.

That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved with the project.

f.

Any additional findings required by planning area standards in Article 9 (Community Planning Standards), combining designation (Chapter 22.14), or special use (Article 4).

D.

Effective date of land use permit. The approval of a Conditional Use Permit shall become final and effective for the purposes of construction permit issuance or establishment of a non-structural use, on the 15th day following the Review Authority approval; unless before that time, an appeal to the decision is filed as set forth in Section 22.70.050 (Appeal).

E.

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

[Amended 1981, Ord. 2063; 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1992, Ord. 2583] [22.04.034]

A Variance from the strict application of the requirements of this Title may be requested as provided by this Section.

A.

Limitations on the use of a Variance. A Variance shall not be used to:

1.

Reduce the minimum parcel size required for a new land division by Chapters 22.22 or Article 9 below the range of parcel sizes specified by Part I of the Land Use Element for the land use category in which the site is located; or

2.

Authorize land uses other than those normally identified as allowable in a particular land use category by Section 22.06.030 (Allowable Land Uses and Permit Requirements) planning area standards of Article 9, or other Chapter of this Title, in compliance with Government Code Section 65906.

B.

Application. A written application for Variance shall be filed with the Department of Planning and Building on the form provided, accompanied by all graphic information required for Zoning Clearance by Section 22.62.030 (Zoning Clearance Content), and any additional information necessary to explain the request. Acceptance of the application is subject to Section 22.04.030.A (Allowable use), and 22.60.050.A (Determination of Completeness).

C.

Notice and hearing. After acceptance of a Variance application and completion of a staff report, the Commission shall conduct a public hearing on the Variance request. Notice and scheduling of the hearing shall comply with Section 22.70.060 (Public Hearing).

D.

Action on a Variance. The Commission shall approve, approve subject to conditions, or disapprove a Variance in compliance with this Subsection. The decision may be appealed to the Board in compliance with Section 22.70.050 (Appeals).

1.

Findings. Approval or conditional approval may be granted only when the Commission first determines that the Variance satisfies the criteria in Government Code Section 65906 by finding that:

a.

The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and land use category in which the property is situated; and

b.

There are special circumstances applicable to the property, related only to size, shape, topography, location, or surroundings, and because of these circumstances, the strict application of this Title would deprive the property of privileges enjoyed by other property in the vicinity that is in the same land use category; and

c.

The Variance does not authorize a use that is not otherwise authorized in the land use category; and

d.

The granting of the Variance does not, under the circumstances and conditions applied in the particular case, adversely affect public health or safety, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements.

2.

Conditions of approval. In approving an application for Variance, conditions shall be adopted as are deemed necessary to enable making the findings required by Subsection D.1.

E.

Effective date of Variance. The approval of a Variance shall become final and effective for the purposes of construction permit issuance or establishment of a non-structural use, on the 15th day after the act of Commission approval; unless before that time an appeal to the decision is filed in compliance with Section 22.70.050 (Appeals).

F.

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

[Amended 1999, Ord. 2880] [22.01.045]

This Section establishes procedures for the issuance of emergency permits in situations that constitute an emergency as defined by this Section. Emergency permits may be granted by the Director as provided by this Section.

A.

Emergency defined. For the purposes of this Section, an emergency is a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

B.

Permit procedures. In cases of emergency, the Director may issue an emergency permit in compliance with the following provisions:

1.

Applications in cases of emergencies shall be made to the Director in writing if time allows, or by telephone or in person if time does not allow.

2.

The information to be reported during the emergency, if it is possible to do so, or as soon as possible after the emergency shall include the following:

a.

The nature of the emergency;

b.

The cause of the emergency, insofar as this can be established;

c.

The location of the emergency;

d.

The remedial, protective or preventative work required to deal with the emergency; and

e.

The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.

3.

The Director shall verify the facts including the existence and nature of the emergency, insofar as time allows.

4.

The Director shall provide public notice of the proposed emergency work, with the extent and type of notice determined by the nature of the emergency.

5.

The Director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, based on the finding:

a.

An emergency exists that requires action more quickly than permitted by the process for regular permits administered pursuant to this Title, and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit;

b.

Public comment on the proposed emergency action has been reviewed, as time allows; and

c.

The work proposed would be consistent with applicable standards of this Title.

6.

Within 30 days of the notification required in Subsection B.1, the property owner shall apply for a land use permit as required by this Title and any construction permits required by Title 19 of this code. Failure to file the applications and obtain the required permits shall result in enforcement action in compliance with Chapter 22.74.

7.

The Director shall not issue an emergency permit for any work to be undertaken on any submerged lands or on public trust lands, whether filled or unfilled.

8.

The Director shall report emergency permits to the Commission at their next regular meeting. The decision to issue an emergency permit is solely at the discretion of the Director, although subsequent permits required for the project are subject to all applicable hearing requirements of this Title.

[Added 1995, Ord. 2741] [22.03.045]

This Chapter provides requirements for the implementation or "exercising" of the land use permits required by this Title, including time limits, and procedures for granting extensions of time.

Any application approved in compliance with Sections 65956 et seq. of the Government Code shall be subject to all applicable provisions of this Title, which must be satisfied by the applicant before any construction permit is issued.

[Amended 1992, Ord. 2553] [22.02.054]

Any application received and processed shall be deemed withdrawn if:

A.

It is determined that the proposed use is not allowable in the land use category where the site is located, in compliance with Section 22.06.030 (Allowable Land Uses and Permit Requirements) or the planning area standards of Article 9 (Community Planning Standards); or

B.

It has been held in abeyance or continuance, awaiting the submittal of additional required information by the applicant, and the applicant has not submitted the information within 90 days of:

1.

The last County notification to the applicant requesting additional information in advance of either a decision to accept the application for processing, or review by the applicable Review Authority, to which the applicant has not responded; or

2.

The date of the last Review Authority consideration of the application.

Prior to an application being deemed withdrawn, a letter shall be sent notifying the applicant of the withdrawal, and explaining the requirements for re-filing. Where a written request from the applicant is received asking that the application package and unused portion of the filing fee be returned, the Director shall return the entire application package to the applicant, including accompanying information and any portion of the filing fee not used in processing up to the point of withdrawal. A withdrawn application may be re-filed at any time, provided that it shall be received and processed as a new application.

[Amended 1984, Ord. 2163, 1995, Ord. 2741] [22.02.056]

When required by the provisions of this Title, or by condition of approval of a Minor Use Permit or Conditional Use Permit, appropriate security or guarantees shall be provided by the applicant as set forth in this Section. A bond is used to guarantee the proper completion of required improvements, drainage facilities, grading, revegetation, site restoration after use, reclamation and/or removal of structures, equipment or other materials, preservation of certain site features, or compliance with other provisions of this Title or conditions of approval. The guarantee shall be a bond or other secured contractual guarantee, unless otherwise provided in Article 4 (Standards for Specific Land Uses). The use of the terms bond, guarantee and security in this Section shall all mean guarantees of performance.

A.

Posting. The guarantee shall be posted with the Department, with the County of San Luis Obispo named as beneficiary.

B.

Form of bond. A surety bond or other guarantee shall be in a form approved by the County Counsel, including default provisions, and shall provide that in the event suit is brought upon the bond by the County and judgment is recovered, the surety shall pay all costs incurred by the County in the suit, including reasonable attorneys' fees to be fixed by the court.

C.

Amount of bond. The guarantee shall be of an amount established by the Director equal to the actual cost of completing the specified improvements, restoration, or satisfying conditions of approval. Provided, however, that where a guarantee is required by Conditional Use Permit condition of approval to preserve identified site features, the guarantee shall be in an amount the Commission deems necessary to assure compliance with the applicable condition.

D.

Release of bond. At the request of an applicant, or before the expiration of a bond or guarantee, the Director will review the project and issue a completion statement if all provisions of this Title and conditions of approval have been met. Upon issuance of the completion statement, the guarantee, bond or cash deposit will be released. If the Director determines the project does not meet the applicable requirements, the applicant shall be notified in writing of the deficiencies. A time period for their correction shall be mutually agreed upon by the applicant and the Director, with the security being held until all the requirements are satisfied. Where no agreement is reached following written notification by the Director, or where an agreed time period for completion is exceeded, the bond shall be called.

[Amended 1992, Ord. 2553] [22.02.060]

An approved land use shall be developed or established only as shown on the project plans approved as part of the permit application, except where otherwise provided by this Section. Deviation of project design or construction from the approved plans, and changes to the project after completion of construction may occur only as follows.

A.

Except as provided by following Subsection B., a feature of the use or project subject to the standards of Articles 3, 4, and 5 may be modified, provided that the change requested is in with the standards of this Title. The change shall be requested in writing with appropriate supporting materials and explanation of the reasons for the request. The Director may approve a requested change upon verification of its conformity with this Title, provided that the approval shall not modify the effective date of the land use permit.

B.

Where the Director determines that the change results in an increased impact to an aspect of the project, that was specifically addressed in a Negative Declaration or Environmental Impact Report for the project, or the change relates to a project feature that was specifically addressed in conditions of approval of a Minor Use Permit or Conditional Use Permit, or that was a specific consideration by the Review Authority in the approval of a Minor Use Permit or Conditional Use Permit, a new Minor Use Permit or Conditional Use Permit approval shall be obtained.

[Amended 1992, Ord. 2553] [22.02.038]

An approved Zoning Clearance or Site Plan Review is valid for a period of 18 months from its effective date. A Minor Use Permit, Conditional Use Permit or Variance is valid for 24 months after its effective date. At the end of this time period, the land use permit shall expire and become void unless:

A.

Substantial site work toward establishing the authorized use has been performed (Section 22.64.080); or

B.

The project is completed (Section 22.64.090); or

C.

An extension has been granted (Section 22.64.070).

Nothing in this Title shall be construed as affecting any time limits established by Title 19 of this code regarding work authorized by a building permit or other construction permit issued in compliance with Title 19, or time limits relating to the expiration of the permit.

[Amended 1986, Ord. 2250] [22.02.040]

When substantial site work (Section 22.64.080) on a project authorized by an approved land use permit has not occurred within the time limits set by Section 22.64.060, a maximum of three, 12-month extensions to the initial time limit may be granted as provided by this Section. Extension requests shall be in writing and shall be filed with the Department on or before the date of expiration of the land use permit or previous extension, together with the required filing fee. When an extension request has been filed, no construction permits shall be issued for a proposed project in compliance with Title 19 of this code until the extension has been approved.

A.

Initial extensions. The Director may grant two 12-month extensions to the time limit for any land use permit. The Director shall grant an extension only after finding that the land use permit does not contain conditions prohibiting extension, and that:

1.

There have been no changes to the provisions of the Land Use Element or Land Use Ordinance applicable to the project since the approval of the land use permit; or

2.

There have been no changes in the character of the site or its surroundings that affect how the standards of the Land Use Element or Land Use Ordinance apply to the project; or

3.

There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools such that there is no longer sufficient remaining capacity to serve the project.

Disapproval of a requested extension by the Director may be appealed to the Commission as set forth in Section 22.70.050 (Appeal).

B.

Third extension. The Commission may grant one additional 12-month extension to an approved land use permit after the two initial extensions provided that the Commission makes the following findings.

1.

That substantial site work could not be completed as set forth in Section 22.64.080 because of circumstances beyond the control of the applicant; and

2.

The findings specified in Sections A.1, A.2, and A.3; and

3.

The findings that were required by Section 22.64.060.C.4 to enable initial approval of the permit.

An approved land use permit shall become void after the expiration of the third extension (or after the expiration of any previous extension when a request for further extension has not been filed before expiration) where substantial site work has not first occurred in compliance with Section 22.64.080. No more than three extensions in compliance with this Section shall be granted.

C.

Land use permit required with a land division. For land use permits that are required in conjunction with a land division application, the advisory agency (the Commission or the Subdivision Review Board) may grant five, 12-month time extensions to the time limit. The Department shall provide a written recommendation in its staff report to the advisory agency concerning the extension request.

[Amended 1986, Ord. 2250; 1999, Ord. 2880; 1999, Ord. 2880] [22.02.050]

When all required construction permits have been obtained and construction of an approved use has begun, substantial site work toward establishing the authorized use shall be deemed to have been performed, and project construction may be completed subject to Section 22.64.120 (Lapse of Land Use Permit) when.

A.

Building construction projects. Site work has progressed beyond grading and completion of structural foundations, and construction is occurring above grade within: 18 months of Zoning Clearance or Site Plan Review approval; 24 months of Minor Use Permit or Conditional Use Permit approval; or within 12 months of the date of approval of an extension of land use permit (Section 22.64.070), and construction continues with reasonable progress and no interruption greater than 180 consecutive days, provided that:

1.

Single construction period projects. When no extended project phasing schedule has been authorized through Conditional Use Permit approval (Section 22.64.060.C.1.b.), substantial work shall be performed for all proposed buildings.

2.

Phased projects. Where a project phasing schedule has been approved, construction permits shall be obtained and substantial work shall be performed on at least one approved building.

B.

Non-building projects. The project is completed as set forth in Section 22.64.090 within 18 months of Zoning Clearance or Site Plan Review approval; 24 months of Minor Use Permit or Conditional Use Permit approval; or within 12 months of the date of approval of an extension of land use permit (Section 22.64.070).

C.

Surface mining operations. In the case of a surface mining operation approved in compliance with Chapter 22.36, (Surface Mining and Reclamation), when surface mining operations have been commenced.

[Amended 1992, Ord. 2553] [22.02.042]

Project completion is the point at which active County review of project progress is terminated. A development project is considered completed when:

A.

A Certificate of Occupancy has been issued or, in the case of a dwelling, final building inspection has been granted by the Building Official verifying that all structures, site improvements and/or off-site work has been completed; and any bonds (Section 22.64.040) guaranteeing site improvements have been released.

B.

The Director verifies that a use or activity not involving a building or grading permit is occurring on the subject site in compliance with all applicable provisions of this Title and any adopted conditions.

C.

A final map is recorded, in the case of a Conditional Use Permit approval that is intended only to authorize the filing of a tentative map in compliance with planning area standard (Article 9) or Chapter 22.22 (Land Division Design Standards), unless conditions of approval of the Conditional Use Permit specify other standards for determining project completion.

[Amended 1984, Ord. 2163; 1992, Ord. 2553] [22.02.044]

Multiple building projects (including but not limited to apartment or office complexes and shopping centers), may be granted Certificates of Occupancy for individual completed buildings in advance of completion of the entire project only when.

A.

Individual buildings are completed in compliance with Section 22.64.090 (Project Completion); and

B.

The Director determines that the completed structures are capable of functioning independently from structures remaining to be completed; and

C.

Occupancy of individual structures will not inhibit the completion of the total project; and

D.

Partial occupancy during completion will not have a potential adverse effect on persons in the area or nearby properties.

E.

Occupancy with incomplete site improvements is accomplished in compliance with Section 22.64.110.

[22.02.046]

In the case of projects where all structures are complete, but improvements required by this Title or adopted conditions (including but not limited to landscaping, curb and gutter, paving, etc.) are not complete, a Certificate of Occupancy may be issued, provided that:

A.

Buildings are completed in compliance with Section 22.64.090 (Project Completion); and

B.

The Director determines that the buildings can function safely in advance of the completion of the lacking site improvements; and

C.

The improvements remaining to be completed are guaranteed as set forth in Section 22.64.040 (Guarantees of Performance).

[22.02.048]

In the event that any of the circumstances listed in this Section occur, a land use permit shall be deemed to have lapsed. No use of land or structure, the land use permit for which has lapsed in compliance with this Section, shall be reactivated, re-established, or used unless a new land use permit is first obtained.

A.

Completed projects. When a project has been completed or an authorized use not involving construction has been established (Section 22.64.090), the land use permit that authorized the project shall remain valid and in force, including any conditions of approval adopted in connection therewith, unless:

1.

An approved use or structure authorized through Zoning Clearance approval is removed from the site, and the site remains vacant for a period exceeding 12 consecutive months, in which case the Zoning Clearance approval shall lapse; or

2.

The circumstance described in Subsection C. occurs, in which case Minor Use Permit or Conditional Use Permit approval shall lapse; or

3.

A use or structure authorized through Site Plan Review, Minor Use Permit or Conditional Use Permit approval remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than 12 consecutive months; or

4.

The land use permit is revoked in compliance with Section 22.74.160 ( Permit Revocation).

B.

Partially completed projects. When an approved multiple building project has been partially completed (Section 22.64.100), its land use permit shall remain valid unless work ceases for a period greater than 12 months, and no schedule for phased construction was authorized by the land use permit.

C.

Conditions declared void. If a judgement of a court of competent jurisdiction declares one or more of the conditions of an approved Minor Use Permit or Conditional Use Permit to be void or ineffective, or enjoins or otherwise prohibits the enforcement or operation of one or more conditions, the Minor Use Permit or Conditional Use Permit shall cease to be valid.

D.

Changes in ordinance provisions. If an amendment to the Land Use Element or this Title is adopted such that the approved use is no longer allowable on its site, the land use permit shall lapse unless substantial site work has been completed (Section 22.64.090) before the effective date of the amendment. The effect of an amendment on a completed project is determined by Section 22.72.050 (Nonconforming Uses of Land).

[Amended 1992, Ord. 2553] [22.02.052]