The purpose of this Chapter is to describe the process and general
requirements applicable to those uses for which a Minor Use Permit
or Conditional Use Permit is required. These permits require consideration
to ensure that the uses are generally consistent with the purposes
of the Zoning District where they are proposed but require special
consideration to ensure that they can be designed, located, and operated
in a manner that will not interfere with the use and enjoyment of
surrounding properties.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Approval of a Minor Use Permit or Conditional Use Permit is required for uses or developments specifically identified in Division 2, Base and Overlay Districts, and/or any other Section of this Ordinance that requires a Minor Use Permit or Conditional Use Permit.
A.
Minor Use Permits. A Minor Use Permit is required for buildings or structures constructed, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which have been found not to be inherently detrimental to the use and enjoyment of land but require an additional level of review and have a higher threshold of approval in certain circumstances. Minor Use Permits for off-site shared parking shall be processed pursuant to Section 9.28.180(D).
B.
Conditional Use Permits. A Conditional Use Permit is required
for buildings or structures constructed, the use of vacant land, changes
in the character of the use of land or building, or for substantial
expansions in the use of land or building, which may have an impact
upon the general welfare or safety of the public. These uses require
an additional level of review and have a higher threshold of approval
to ensure that they are compatible with the adjacent land uses and
comply with the goals and intent of the General Plan.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Minor Use Permits. The Director or designee shall approve,
conditionally approve, or deny applications for Minor Use Permits
based on consideration of the requirements of this Chapter.
B.
Conditional Use Permits. The Planning Commission shall approve,
conditionally approve, or deny applications for Conditional Use Permits
based on consideration of the requirements of this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Applications and fees for a Minor Use Permit or Conditional Use Permit shall be submitted in accordance with the provisions set forth in Section 9.37.020, Application Forms and Fees. In addition to any other application requirements, the application shall include data or other evidence in support of the applicable findings required by Section 9.41.060, Required Findings, below.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
All Minor Use Permits and Conditional Use Permits shall only
be granted if the decision-making body determines that the project,
as submitted or modified, conforms to all of the following criteria.
The inability to make one or more of the findings is grounds for denial
of an application.
A.
The
proposed use is conditionally allowed within the applicable Zoning
District and complies with all other applicable provisions of this
Ordinance and all other titles of the Municipal Code.
B.
The
proposed use is consistent with the General Plan and any applicable
specific plan.
C.
The
subject parcel is physically suitable for the type of land use being
proposed.
D.
The
proposed use is compatible with any of the land uses presently on
the subject parcel if the land uses are to remain.
E.
The
proposed use is compatible with existing and permissible land uses
within the District and the general area in which the proposed use
is to be located which may include but not be limited to size, intensity,
hours of operation, number of employees, or the nature of the operation.
F.
The
physical location or placement of the use on the site is compatible
with and relates harmoniously to the surrounding neighborhood.
G.
Based
on environmental review, the proposed project has no potentially significant
environmental impacts or any potentially significant environmental
impacts have been reduced to less than significant levels because
of mitigation measures incorporated in the project or a Statement
of Overriding Considerations has been adopted.
H.
The
proposed use and related project features would not be detrimental
to the public interest, health, safety, convenience, or general welfare.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
In granting a Minor Use Permit or Conditional Use Permit, the
Review Authority or the Review Authority on appeal shall require that
the use and development of the property conform with a site plan,
architectural drawings, or statements submitted in support of the
application, or in such modifications thereof, as may be deemed necessary
to protect the public health, safety, and general welfare and secure
the objectives of the General Plan and this Ordinance, and may also
impose such other conditions as may be deemed necessary to achieve
these purposes and to support the findings of approval.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
The term of permit, exercise of rights, extension, revocation, and appeal for Minor Use Permits and Conditional Use Permits shall be in accordance with the applicable provisions of Chapter 9.37, Common Procedures.
B.
The
Planning Commission may require as a condition of approval that the
applicant file a compliance report(s) within a specified period after
the issuance of a Conditional Use Permit to review the effectiveness
of and level of compliance with the terms and conditions of this Conditional
Use Permit approval. After submittal of the compliance report(s),
staff shall either set the matter for a public hearing which is noticed
in the same manner as the original permit application or submit the
compliance report to the Planning Commission as an information item
to enable the Planning Commission to determine whether a public hearing
is necessary. Upon review of the compliance report at this public
hearing, if any, the Planning Commission may add or revise terms and
conditions to the extent necessary to ensure effective conditions
of approval.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
