20.05.150 Permit issuance.
The approval and issuance of a conditional use permit by the Planning Commission shall occur as set forth in this section.
A. Findings Required for Approval. No conditional use permit shall be approved, unless the Planning Commission first finds that:
1. The proposed use is consistent with all applicable provisions of this title and any applicable provisions of other titles of this code.
2. The proposed use is consistent with applicable policies and requirements of the Sierra County general plan, and any applicable community plan or specific plan, and that any specific findings required by any of these plans are made.
3. The establishment, maintenance or operation of the proposed use or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of people residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the county; except that a proposed use may be approved contrary to this finding where the granting authority determines that extenuating circumstances justify approval and enable the making of specific overriding findings.
4. The proposed project or use will be consistent with the character of the immediate neighborhood and will not be contrary to its orderly development.
5. In a TPZ district, the establishment, maintenance and operation of the proposed use or building will not significantly detract from the use of the property for or inhibit the growing and harvesting of timber.
6. Any specific findings as required by the zoning code.
7. Such findings as required by California Environmental Quality Act (CEQA).
8. The proposed use is consistent with, replaces or appropriately modifies any prior established relevant conditions of a previous entitlement, if applicable.
B. Conditions of Approval. In conditionally approving an administrative review permit, minor or conditional use permit, the granting authority shall adopt conditions of approval as necessary to accomplish the following objectives, consistent with the requirements of state law.
1. Specify the period of validity of the permit and/or the allowed duration of the proposed use. The permit may be issued and/or the use allowed for a revocable, permanent, temporary or otherwise limited term, as deemed appropriate by the granting authority. If no period of validity is specified, the permit shall be subject to the time limits specified by SCC 20.05.170.
2. Ensure that the proposed project will be consistent with all applicable requirements of this title, the Sierra County general plan, and any applicable community plan or specific plan.
3. Enable all the findings required by subsection (A) of this section to be made by the granting authority.
4. Mitigate environmental impacts identified in environmental documents prepared pursuant to SCC Title 38, or adopt overriding findings pursuant to Section 15091 et seq. of the CEQA Guidelines.
5. Require the dedication of rights-of-way determined by the granting authority to be necessary as a result of the proposed use.
6. Require the installation, or participation in the cost of installation, of specified on-site or off-site improvements determined by the granting authority to be necessary as a result of the proposed use.
7. Supersede, replace, or modify conditions of approval applicable to the site as a result of a previous permit approval where determined by the granting authority to be appropriate.
8. Limit the size of the project or intensity of the use to a level approved by the granting authority.
The granting authority may also adopt any other conditions of approval as the authority determines are necessary to protect the public health, safety, and general welfare.
C. Effect of Conditions. It shall be unlawful, and a violation of this code, for any person to construct or otherwise establish a land use authorized by a permit pursuant to this section prior to compliance with or contrary to the conditions of approval adopted as set forth in this section.
D. Effective Date of Permit. An approved administrative review permit, variance, minor or conditional use permit shall become effective for the purposes of commencing the actions necessary to comply with conditions of approval and filing building permit applications on the 11th day after approval of the permit by the granting authority; provided, that approval shall be set aside and of no effect if an appeal is filed within 10 days, or such other time specified by law, after approval pursuant to SCC 20.05.130. If no written or oral testimony is provided as a part of the official record, except for such testimony as may have been provided by the applicant and/or staff, the hearing body may waive the 10-day waiting period and may establish an effective date for the permit at any time following the conclusion of the public hearing not to exceed the original 10-day waiting period.
E. Implementation of Permit. After the effective date of an administrative review permit, minor use permit or conditional use permit, the applicant shall diligently proceed to carry out the conditions of approval and implement the permit by establishing the approved use within the time limits set forth in SCC 20.05.170. (Formerly 20.15)