Chapter 17.415 — CONDITIONAL USE PERMIT PROCEDURE

The purpose of these provisions is to prescribe the procedure for the accommodation of uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, through review and, where necessary, the imposition of special conditions of approval. This procedure shall apply to all proposals for which a use permit is required.

A. General Conditional Use Permit Criteria. A conditional use permit may be granted only if the establishment, maintenance or operation of the proposed use or development applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or development, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

B. Standard Conditions. The following standard conditions shall apply to all conditional use permits:

1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of this conditional use permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in this title.

2. Unless otherwise provided for in conditions of this conditional use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use.

3. Minor changes may be approved administratively by the Planning Director or their respective designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each relevant Department or Division that the modification is consistent with the application fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application or amendment.

4. The use granted by this conditional use permit must be in operation within three years of the delivery of the signed permit to the Permittee. Extensions of the three-year period may be granted by the decision-making authority. If any use for which a conditional use permit has been granted is not in operation within three years of the date of receipt of the signed permit by the Permittee and no extension has been granted, the permit shall become null and void and re-application and a new permit shall be required to establish the use.

5. The terms and conditions of this conditional use permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors and assigns of the Permittee.

C. Additional Conditions. The review authority may require additional conditions, or remove or revise conditions recommended by staff, to ensure conformance with this chapter and/or to protect public health and safety, including but not limited to conditions related to:

Page 227

Draft Title 17: Zoning Code

1. Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation.

2. Regulation of public nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat). Conditions may include, but are not limited to, setbacks, hours of operation, and use of machinery.

3. Regulation of maintenance and site restoration during and after termination of the conditional use permit. A bond or other form of security acceptable to the review authority may be required prior to the initiation of the use to ensure cleanup after the use is finished.

Conditional use permits are discretionary and shall be granted only when the review authority determines that the proposed use or activity complies with all of the following findings:

A. The proposed use is consistent with the General Plan and all applicable provisions of this title.

B. The establishment, maintenance, and operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area of such use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

Refer to Table 17.400-1 for identification of the decision-making authority for approvals and appeals and to Table 17.400-2 for public notice, public comment, and public hearing requirements.

Page 228

Draft Title 17: Zoning Code