Chapter 9.64
CONDITIONAL USE PERMITS
Sections:
9.64.030 Application filing, processing, and review.
9.64.050 Findings and decision.
9.64.060 Conditions of approval.
9.64.070 Use of property before final action.
9.64.080 Modification of permit.
9.64.100 Permit to run with the land.
9.64.110 Post decision procedures.
9.64.010 Purpose of chapter.
The purpose of this chapter is to allow for activities requiring a conditional use permit and which are so unique that their effect on the surrounding environment cannot be determined before being proposed for a particular location. At the time of application, a review of the configuration, design, location, and potential effect of the proposed activity shall be conducted by comparing it to established development and site standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit(s) to be derived from the proposed use against the potential negative effects it may cause. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
9.64.020 Applicability.
A. Uses listed in Division 2 of this title. The land use activities listed in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) when so designated in the tables of allowable uses and permit requirements may be allowable subject to the approval of a conditional use permit.
B. Conditional use permits are to be approved by the Planning Commission and shall be considered final unless appealed to the City Council. Any interested party may appeal the Planning Commission’s decision per Section 9.90.020(B). (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
9.64.030 Application filing, processing, and review.
A. Filing. An application for a conditional use permit, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B. Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for conditional use permit applications.
C. Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D. Notice and hearings.
1. A public hearing shall be required for a decision on a conditional use permit.
2. A public hearing shall be scheduled once the Director has determined the application complete.
3. Noticing of the public hearing shall be given in compliance with Chapter 88 of this title (Public Hearings). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.64.040 Project review.
Each conditional use permit application shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.64.050 Findings and decision.
A. Commission’s action.
1. Following a hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based.
2. The Commission may disapprove or approve a conditional use permit in whole or in part, and may impose specific development conditions.
3. These conditions shall relate to both on- and off-site improvements that are necessary to accommodate property development, mitigate project related adverse effects, and to carry out the purpose and requirements of the subject zoning district.
B. Council’s action.
1. Following a hearing, the Council shall record the decision in writing and shall recite the findings upon which the decision is based.
2. The Council may disapprove or approve a conditional use permit in whole or in part, and may impose specific development conditions.
3. These conditions shall relate to both on- and off-site improvements that are necessary to accommodate property development, mitigate project related adverse effects, and to carry out the purpose and requirements of the subject zoning district.
C. Required findings. The Commission, or the Council as applicable, may approve a conditional use permit application, with or without conditions, only if all of the following findings are made:
1. The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and is in compliance with all of the applicable provisions of this Development Code;
2. The proposed use is consistent with the General Plan and any applicable specific plan;
3. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses and would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby or adverse to the public interest, health, safety, convenience, or welfare of the City;
4. The subject parcel is physically suitable in size and shape for the type and density/intensity of use being proposed;
5. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and
6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.64.060 Conditions of approval.
In approving a conditional use permit application, the Commission, or the Council, as applicable, may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.64.050 (Findings and decision). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.64.070 Use of property before final action.
Permits shall not be issued for any use involved in an application for a conditional use permit until and unless the same shall have become final, in compliance with Section 9.82.030 (Effective date of permits). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.64.080 Modification of permit.
A. Changes to an approved project. An approved conditional use permit may be modified in compliance with Section 9.82.100 (Changes to an approved project).
B. Modifications by Director. Minor modifications to an approved permit may be approved by the Director, in compliance with Section 9.82.100.
C. Nonconformities. Minor modifications shall not apply when a nonconforming use, structure, or parcel is involved. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.64.090 Periodic review.
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. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.64.100 Permit to run with the land.
A conditional use permit granted 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 which was the subject of the permit application in the same area, configuration, and manner as it was originally approved. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.64.110 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a conditional use permit application. (§ 2, Ord. 14-13, eff. October 8, 2014)