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)