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)
A. 
Conditional Use Permits. All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 9.37, Common Procedures.
B. 
Minor Use Permits. All applications for Minor Use Permits shall require public notice and hearing before the Director pursuant to Chapter 9.37, Common Procedures.
(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)