§ 26C-123. Uses permitted with precise development plan (precise development plan is synonymous with "use permit").

(a)

Sensitive Area Uses:

(1)

Permitted uses listed in Section 26-122 when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.

(2)

Any clearing of vegetation, grading, excavation, fill or construction when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.

(b)

On lands designated as "rural residential" on the general plan land use map, those uses permitted with a use permit in the RR district (Section 26C-91) except Section 26C-91(b)(3) (second dwelling units).

(c)

On lands designated as "rural residential" on the general plan land use map, intermediate and major free-standing commercial telecommunication facilities subject at a minimum to the applicable criteria set forth for such facilities in the RR district in Section 26C-325.7 and only if the applicant demonstrates to the satisfaction of the decision-making body that there is no technically feasible alternative site(s) or strategy which would provide the needed service on lands which are not zoned AR, RR, R1, R2, R3, or PC with a UR or RR land use designation.

(d)

On lands designated as "urban residential" on the general plan land use map, those uses permitted with a use permit in the R1 (low density residential) or R2 (medium density residential), (Sections 26C-101 & 111 respectively) whichever is applicable.

(e)

On lands designated as "urban residential" on the general plan land use map, intermediate free-standing commercial telecommunication facilities subject at a minimum to the applicable criteria set forth for such facilities in the R1 district in Section 26C-325.7 and only if the applicant demonstrates to the satisfaction of the decision-making body that there is no technically feasible alternative site(s) or strategy which would provide the needed service on lands which are not zoned AR, RR, R1, R2, R3, or PC with a UR or RR land use designation.

(f)

Golf courses, boarding of horses and commercial stables, and similar recreation facilities.

(g)

Accessory buildings and uses.

(h)

On lands designated as "limited commercial", or "general commercial" on the general plan land use map, the following uses provided that they are necessary or desirable and are not detrimental to surrounding areas:

(1)

Any generally recognized retail business which supplies commodities on the premises, such as groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing, notions or hardware.

(2)

Any personal service establishment which performs services on the premises for persons residing in adjacent residential areas, such as shoe repair, dry cleaning, tailoring, beauty parlors, or barber shops, or any service establishment of an office-showroom or workshop nature.

(3)

Restaurants or other places serving foods or beverages.

(4)

Professional, administrative and general business offices.

(5)

Gasoline service stations and mini-marts.

(6)

Other similar commercial uses which the planning commission determines are consistent with the provisions of Sections 2.3.1, 2.3.2, 2.3.3 and 2.3.4 of the general plan land use element.

(7)

Additional dwelling units on permanent foundations as part of a mixed commercial/residential development provided that they are secondary to and compatible with an existing or proposed commercial use according to the following criteria:

a.

The combined floor area of all of the residential units on the site must be less than fifty percent (50%) of the combined floor area of the commercial development unless the project is located in a designated Redevelopment Project Area, in which case the residential floor area must only be less than the floor area of the commercial development.

b.

The maximum size of any residential unit is one thousand (1000) square feet.

(i)

On lands designated as "limited commercial" or "general commercial" on the general plan land use map, intermediate free-standing commercial telecommunication facilities greater than fifty feet (50′) in height subject at a minimum to the criteria for such facilities in the CS district set forth in Section 26C-325.7.

(j)

Minor public utility buildings and public service or utility uses (transmission, distribution lines and telecommunications facilities excepted) including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, small power and transformer stations, fire and police stations and training centers, service yards, and parking lots which, at a minimum, meet the criteria of General Plan Policy PF-2s and which are not otherwise exempt by state law.

(k)

Non-commercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26C-325.7.

(l)

Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses.

(m)

Day care center.

(n)

Large residential community care facility.

(o)

Other non-residential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-123.

(p)

Lodging on parcels designated "recreation and visitor-serving" in the general plan.

(Ord. No. 5318 § 1, 2001.)