Chapter 17.605 — Conditional Use Permits and Minor Use Permits

• A. Purpose. The purpose of a conditional use permit or minor use permit is to provide sufficient flexibility in the use regulations in order to further the objective of this Development Code.

• B. Process for reviewing uses. A conditional use permit or minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

• C. Special consideration. Certain types of land uses require special consideration in a particular zone or in the City as a whole because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or

undesirable. (Ord. 24-13, 10/1/2024)

A conditional use permit or minor use permit is required to authorize proposed land uses identified by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) as being allowable in the applicable zone subject to the approval of a conditional use permit or minor use permit. (Ord. 24-13, 10/1/2024)

• A. Conditional use permits. Conditional use permits shall be approved or disapproved by the Commission, except as specified in Chapter 17.310 (Affordable Housing – Density Bonuses) and Chapter 17.645 (Transfer of Development Rights) where the Council is the review authority for applications, with the Commission first making a written recommendation to the Council.

• B. Minor use permits.

  1. Minor use permits shall be approved or disapproved by the Director.

2. The Director may choose to refer any minor use permit application to the Commission for review and final decision.

(Ord. 24-13, 10/1/2024)

An application for a conditional use permit and/or minor use permit shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for conditional use permit and minor use permit applications, including the submission of landscape and irrigation plans pursuant to Chapter 17.325 (Water Efficient Landscape and Irrigation), together with the required fee in compliance with the City's Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.605.060 (Findings and Decision), below. (Ord. 24-13, 10/1/2024)

Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.

• A. Conditional use permits.

  1. The Commission shall conduct a public hearing on an application folre a decision on the application.

  2. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.710 (Public Noticing and Hearings).

• B. Minor use permits.

  1. Before a decision on a minor use permit, the City shall provide notice in compliance with Chapter 17.710 (Public Noticing and Hearings).

  2. Interested parties may submit written comments during the public noticing period to the City, which the Director shall consider before rendering a decision.

3. Upon closing of the public notice period, the Director may approve, approve subject to conditions, or disapprove the minor use permit, or refer the minor use permit to the Planning Commission. Notification of the decision shall be provided to all interested parties.

(Ord. 24-13, 10/1/2024)

• A. Review authority's action. An application for a conditional use permit or minor use permit may be approved, approved subject to conditions, or disapproved by the review authority.

• B. Required findings. The review authority may approve a conditional use permit or minor use permit only if it first makes all of the following findings:

  1. The proposed use is consistent with the General Plan and any applicable specific plan;

  2. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Development Code and the Municipal Code;

  3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;

  4. The proposed use will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to the environment or to the property or improvements within the area.

  5. The site is physically suitable in terms of:

     • a. Its design, location, shape, size, and operating characteristics of the proposed use;

     • b. The provision of public and emergency vehicle (e.g., fire and medical) access;

     • c. Public protection services (e.g., fire protection, police protection, etc.); and

     • d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).

  6. The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the conditional use permit or minor use permit.

• (Ord. 24-13, 10/1/2024)

An action to approve a conditional use permit or minor use permit upon referral or appeal, shall require a majority vote of those Commissioners who may lawfully vote on the application.

(Ord. 24-13, 10/1/2024)

A conditional use legally established prior to the effective date of this Development Code or prior to the effective date of subsequent amendments to the applicable regulations or zone boundaries, shall be allowed to continue; provided that it is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any. (Ord. 24-13, 10/1/2024)

In approving a conditional use permit or minor use permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.605.060 (Findings and Decision), above. (Ord. 24-13, 10/1/2024)

No permits or approvals shall be issued for any use involved in an application for a conditional use permit or minor use permit until and unless the same shall have become final, in compliance with Section 17.660.030 (Effective Date of Permits). (Ord. 24-13, 10/1/2024)

An approved conditional use permit or minor use permit may be modified in compliance with Section 17.660.100 (Changes to an Approved Project). (Ord. 24-13, 10/1/2024)

The City may conduct a periodic review of the permit to ensure proper compliance with this Development Code and any developmental or operational conditions imposed by the review authority. (Ord. 24-13, 10/1/2024)

A conditional use permit or minor use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter. (Ord. 24-13, 10/1/2024)

The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the decision on a conditional use permit or minor use permit application. (Ord. 24-13, 10/1/2024)