Chapter 4-20
CONDITIONAL USE PERMITS*
Sections:
4-20-010 Purpose.
4-20-012 Major conditional use permit.
4-20-014 Minor conditional use permit.
4-20-020 Applicability of CUP procedure – C, I, E, and H zoning districts.
4-20-030 Applicability of CUP procedure – Specified uses – Any district.
4-20-040 Applicability of CUP procedure – Private and quasi-public uses.
4-20-050 Applicability of conditional use permit procedure – Modification of use regulations.
4-20-060 Applicability of conditional use permit procedure – Performance standards.
4-20-070 Approval by planning commission or city council.
4-20-080 Approval by city council.
4-20-090 Procedure – Minor conditional use permit.
4-20-095 Procedure – Major conditional use permit.
4-20-100 Action of approval – Findings.
4-20-110 Action of approval – Conditions.
*Prior legislation: Ords. 442, 972 and 1024.
4-20-010 Purpose.
The conditional use permit procedure provides a means whereby the city may consider and either approve, conditionally approve, or deny certain proposed uses. The procedure is intended to be permissive in that it allows the approval of certain conditional uses where it can be found that the city can do so and still control development and subsequent performance. It is intended to be prohibitive in that the city may deny certain uses where it is found that the use cannot be allowed without detriment to the adjacent land use and to the spirit and intent of the general plan and zoning code. The term conditional use permit refers to a major conditional use permit or a minor conditional use permit. (Ord. 1633 § 7, 2001)
4-20-012 Major conditional use permit.
A major conditional use permit must be approved by the city council and is required for the following conditional uses:
A. Any conditional use requiring an environmental impact report under the California Environmental Quality Act.
B. Any use using hazardous materials of the type and/or quantity to warrant a conditional use permit under LPZC 3-30-040 located within 500 feet of any residential area designated in the general plan.
C. Any hazardous waste management facility.
D. Any conditional use proposing extended business hours, including hours before 6:00 a.m. and/or after 10:00 p.m., located within 500 feet of any residential area designated in the general plan.
E. Any conditional use generating 2,000 average daily trips or more located within any industrial, commercial or community facilities area designated in the general plan.
F. Any conditional use generating 500 average daily trips or more located within any residential area designated in the general plan.
G. Any conditional use when considered concurrently with another application that requires city council approval. (Ord. 1633 § 7, 2001)
4-20-014 Minor conditional use permit.
Minor conditional use permits must be approved by the city council when considered concurrently with another application that requires city council approval. (Ord. 1640 § 4, 2001; Ord. 1633 § 7, 2001)
4-20-020 Applicability of CUP procedure – C, I, E, and H zoning districts.
The conditional use permit procedure shall be utilized within the C, I, E, and H zoning districts where it is stated that other uses may be permitted subject to securing a conditional use permit. It shall mean that unlisted uses might be permitted by the decisionmaking body approving the conditional use permit when such uses are necessary to the development of the community and are in no way detrimental to existing uses or to those permitted in the district. (Ord. 1633 § 7, 2001)
4-20-030 Applicability of CUP procedure – Specified uses – Any district.
The conditional use permit procedure shall be utilized whenever it is stated in this code that specified uses may be permitted subject to securing a conditional use permit. It shall mean that such uses might be permitted in a district when such uses are necessary to the development of the community and are in no way detrimental to existing uses or to those permitted in the district. (Ord. 1633 § 7, 2001)
4-20-040 Applicability of CUP procedure – Private and quasi-public uses.
Uses of a regional nature may be permitted in any zone subject to securing a conditional use permit where found to be essential and/or desirable for the public convenience and welfare, and where said uses are in conformity with the general plan and its objectives. Uses shall include, but not be limited to:
A. Airport or aircraft landing field (private or public);
B. Cemeteries, columbariums, crematories and mausoleums;
C. Churches and health facilities;
D. Development of natural resources together with the necessary building apparatus or appurtenances thereto;
E. Golf courses, driving ranges, parks and similar commercial, quasi-public, public and private recreation facilities requiring extensive use of land;
F. Commercial radio and television antennas and/or transmitters;
G. Public utilities facilities including electric generating plants, substations, and overhead and underground transmission and distribution lines having a capacity over 50 KV; gas and oil transmission lines; and water wells pumping treatment and storage facilities and major transmission pipes and viaducts;
H. And such other uses as the decisionmaking body approving the conditional use permit may deem to be similar and equally essential to service the public welfare. (Ord. 1633 § 7, 2001)
4-20-050 Applicability of conditional use permit procedure – Modification of use regulations.
The conditional use permit procedure shall be utilized wherever it is stated in this code that regulations to use may be modified through approval of a conditional use permit. It shall mean that such modification may be granted provided the prerequisite findings can be made. (Ord. 1633 § 7, 2001)
4-20-060 Applicability of conditional use permit procedure – Performance standards.
The conditional use permit procedure shall be utilized when it is stated or determined by the city that performance standards approval shall be required. It shall mean that a conditional use permit may be granted provided the prerequisite findings can be made. (Ord. 1633 § 7, 2001)
4-20-070 Approval by planning commission or city council.
After public hearing required by this code, minor conditional use permit applications may be approved by the planning commission or city council. (Ord. 1640 § 5, 2001; Ord. 1633 § 7, 2001)
4-20-080 Approval by city council.
After public hearing required by the code and with a recommendation by the planning commission, major conditional use permit applications may be approved by the city council. (Ord. 1633 § 7, 2001)
4-20-090 Procedure – Minor conditional use permit.
A. Application. An application shall be filed with the city planning division on forms provided by the city.
B. Required Data. Data accompanying an application shall be adequate to fully support the application including existing circumstances related to the property and the proposed use. Data shall be submitted as desired by the applicant and/or as required by the city and may include, but not be limited to, site, elevation, parking, and landscape plans; information descriptive of existing conditions on the site and neighboring properties; and economic, traffic and population studies.
C. Action on Minor Conditional Use Permit by Planning Commission. Except as may be otherwise permitted by the applicant, an application for a minor conditional use permit shall be processed in accordance with the following schedule:
1. An application shall be set for public hearing and acted upon by the planning commission within 50 days of filing.
2. The community development director shall summarize the action taken by the planning commission at the next city council meeting following said action.
D. Variety of Action. An application may be approved, conditionally approved, or denied.
E. Notification. Notification of action shall be by letter from the secretary of the planning commission.
F. Appeal. Action of the planning commission is subject to appeal as set forth in Chapter 5-15 LPZC. (Ord. 1633 § 7, 2001)
4-20-095 Procedure – Major conditional use permit.
A. Application. An application shall be filed with the city planning division on forms provided by the city.
B. Required Data. Data accompanying an application shall be adequate to fully support the application including existing circumstances related to the property and the proposed use. Data shall be submitted as desired by the applicant and/or as required by the city and may include, but not be limited to, site, elevation, parking, and landscape plans; information descriptive of existing conditions on the site and neighboring properties; and economic, traffic and population studies.
C. Action on Major Conditional Use Permit by Planning Commission. Except as may be otherwise permitted by the applicant, an application for a major conditional use permit shall be processed in accordance with the following schedule:
1. An application shall be set for public hearing and recommendation by the planning commission within 50 days of filing.
2. The application shall be set for public hearing and decision by the city council within 30 days of the planning commission hearing and recommendation.
D. Variety of Action. An application may be approved, conditionally approved, or denied.
E. Notification. Notification of action shall be by letter from the secretary of the planning commission. (Ord. 1633 § 7, 2001)
4-20-100 Action of approval – Findings.
An application shall be approved only when all of the following findings can be made:
A. The site for the intended use is adequate in size and shape to accommodate the use and any yards, setbacks, walls, fences, landscaping, or similar features required by the code or deemed by the city to be necessary to assure that the use is compatible with those on abutting land and/or in the neighborhood.
B. The site for the intended use is served by streets and highways adequate to carry the type and quantity of traffic generated by the use from the standpoint of location or proximity and width of right-of-way.
C. In approving the intended use there will not be adverse effects on abutting or neighboring property and the permitted uses thereof.
D. The intended use is not in conflict with the general plan.
E. Any other findings prerequisite to approval of a conditional use permit stated elsewhere in the code can be made.
F. The conditions imposed as conditions of approval are necessary to protect the health, safety, and general welfare and to make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this code and in the general plan. (Ord. 1633 § 7, 2001)
4-20-110 Action of approval – Conditions.
As conditions to approval of an application, the city shall impose regulations in addition to and/or greater than those required by this code, which shall include the following:
A. Time limit for commencement and completion of development; and
B. Time limit after which use is to be terminated. In addition, other conditions may include, but such shall not be limited to, the following:
1. Special setbacks, height limits, and similar regulations;
2. Special walls, fencing, screening, or buffer areas;
3. Additional off-street parking and landscaped areas;
4. Regulation of lights, glare, noise, vibrations, and odor;
5. Regulation of operating hours;
6. Restrictions on egress and ingress to and from the site;
7. Off-site improvement of streets, storm drain lines, and other public works facilities. (Ord. 1633 § 7, 2001)