Chapter 17.84 — CONDITIONAL USE PERMIT

Sections:

17.84.010 Purpose.

17.84.020 Application.

17.84.030 Actions.

17.84.040 Decision.

17.84.050 Appeals.

17.84.060 Conditions of approval.

17.84.070 Lapse of conditional use permit.

17.84.080 Renewal of conditional use permit.

17.84.090 Revocation or modification.

Because of their unusual characteristics, or the special attributes of the area in which they are to be located, certain uses in the city’s zones are allowed subject to the granting of a conditional use permit. Conditional uses require special consideration so that they may be properly located concerning the objectives of this title and their effect on surrounding properties. (Ord. 24-01 §2(Exh. A-1)).

A. A conditional use permit application shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures).

B. The application shall include the information and materials specified in the most up-to-date division handout for conditional use permit applications, together with the required fee in compliance with the fee schedule. (Ord. 24-01 §2(Exh. A-1)).

A. Before setting a public hearing for the commission on an application for a conditional use permit, the director shall first review the application to determine if it is complete. If the application is complete the director shall fix the public hearing date at which the conditional use permit will be considered and shall give public notice in compliance with Section 17.116.030 (Noticing requirements for permits) of the date, time, place, and project description. Before the public hearing, a staff report, environmental determination, and general plan finding for the conditional use permit shall be made available to the commission, interested agencies, and the public.

B. The commission shall hold a public hearing on the proposed conditional use permit. At the public hearing, the commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed conditional use permit.

C. The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.116 (Public Notices and Hearings).

D. The commission may approve a conditional use permit as requested, or in a modified form, if, based on the application and the testimony submitted, the commission can make the following findings:

1. The proposed establishment, maintenance, and operations of the use applied for will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the city;

2. The proposed use is consistent with the general plan, zoning code, applicable specific plans, and other city policies or programs;

3. The environmental document is prepared in compliance with the California Environmental Quality Act (CEQA);

4. The site for the proposed use is adequate in size, shape, and location to accommodate the use as it relates to the zones for which the use is proposed. (Ord. 24-01 §2(Exh. A-1)).

A. The commission, by resolution, may approve, approve with conditions, or deny without prejudice a conditional use permit application based on compliance with the requirements of this section. The resolution shall describe the basis for the decision, including the findings contained in Section 17.84.030 (Actions).

B. The decision of the commission shall be final unless appealed to the council.

C. The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption. (Ord. 24-01 §2(Exh. A-1)).

A. Appeals to the commission’s decision shall be made to the council in compliance with Chapter 17.114 (Appeals).

B. Upon an appeal of the commission’s action, the council shall hold a public hearing. It shall review the proceedings held by the commission, and either affirm, deny, or modify the commission’s decision. The decision of the council shall be final. (Ord. 24-01 §2(Exh. A-1)).

A. The commission can approve a conditional use permit subject to conditions to protect the public’s health, safety, and welfare. Conditions may include, but are not limited to, requirements involving the following development features and uses:

1. Setbacks, spaces, and buffers;

2. Fences and walls;

3. The enclosure of storage areas and limitation on the out-of-door display of merchandise;

4. Grading, surfacing, and drainage improvements;

5. Vehicular ingress and egress;

6. Regulation of signs;

7. Fire prevention equipment and measures;

8. Regulation of noise, vibration, odors, electrical discharge, or interference;

9. Regulation of lighting;

10. Street dedication and improvements;

11. Hours of operation; and

12. Any other conditions deemed necessary to make development of the site conforming with the intent and purposes contained in this title.

B. Conditions contained in a conditional use permit can only be required to achieve the objectives of this code. Conditions that require dedication of land for a purpose not related to the use of the property or the posting of a bond to guarantee the installation of public improvements not related to the use of the property shall be prohibited. (Ord. 24-01 §2(Exh. A-1)).

A. A conditional use permit shall lapse and become void twelve months from the date it became effective if the benefactor of the use is not operating within that time unless a lesser or greater time was prescribed by the resolution granting the permit or unless, before the expiration, the benefactor can demonstrate evidence of the use being in progress in the form of submittal for plan review of construction plans, procurement of a building permit issued by the building division, or commencement of construction for the purpose of operating the use.

B. A conditional use permit shall lapse and become void if there is a discontinuance of the use for a continuous period of twelve months.

C. A conditional use permit may become null and void if both the property owner and the benefactor submit in writing to the director their intent to extinguish allowed activities under the conditional use permit. The conditional use permit shall become null and void immediately without further notice. (Ord. 24-01 §2(Exh. A-1)).

A. A conditional use permit may be renewed for an additional twelve months or for a lesser or greater time as may be specified; provided, that a renewal application is filed with the commission before the expiration of the time granted.

B. The commission by resolution may approve, approve with conditions, or deny an application for the renewal of a conditional use permit. The resolution shall describe the findings of the commission regarding the decision. (Ord. 24-01 §2(Exh. A-1)).

A conditional use permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation). (Ord. 24-01 §2(Exh. A-1)). Home Previous Next

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