(a)
Review Process. This chapter provides a process for reviewing conditional
use permit applications which are intended to allow for specified
activities and uses as identified in the various zoning districts
whose effect on the surrounding area cannot be determined before being
proposed for a particular location.
(b)
Ensure Compatibility. Applications for conditional use permits shall
be reviewed for the configuration, design, location and potential
impacts of the proposed use, to evaluate the compatibility of the
proposed use with surrounding uses and the suitability of the use
to the site, to ensure the protection of the public convenience, health,
interest, safety and welfare.
(Ord. 1308 § 5, 2000)
A conditional use permit shall be required for any use listed in Chapters 21.04 through 21.14 of this title as requiring a conditional use permit.
(Ord. 1308 § 5, 2000)
The commission shall approve, approve with conditions or disapprove conditional use permit applications and impose conditions necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety or welfare, and necessary to make the findings required by Section 21.34.050 (Findings and decision) of this title.
(Ord. 1308 § 5, 2000)
(a)
Filing. An application for a conditional use permit shall be filed with the department in compliance with Chapter 21.32 (Applications, Processing and Fees) of this title.
(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.
(Ord. 1308 § 5, 2000)
The commission, or the council on appeal, shall record the decision
in writing with the findings on which the decision is based. The conditional
use permit shall be approved, with or without conditions, only if
the following findings of fact can be made in a positive manner:
(1)
The proposed use is allowed within the respective zoning district
with the approval of a conditional use permit and complies with all
other applicable provisions of this title and this code;
(2)
The proposed use would be consistent with the actions, goals, objectives
and policies of the general plan and any applicable specific plan;
(3)
The design, location, shape, size and operating characteristics of
the proposed use are compatible with the existing and future land
uses in the vicinity;
(4)
The subject site is physically suitable for the type and density/intensity
of use being proposed including the provision of public access (e.g.,
width and pavement type), facilities and utilities (e.g., drainage,
fire protection, sewers, water), shape, size, the absence of physical
constraints and compatibility with adjoining land uses;
(5)
Granting the conditional use permit would not be detrimental to the
public convenience, health, interest, safety or welfare, or injurious
to persons, property or improvements in the vicinity and zoning district
in which the property is located; and
(6)
The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA) and the city's
environmental review procedures.
(7)
The applicant has demonstrated his understanding of the conditions
imposed in any conditional use permit granted to him and has agreed
on the record to abide by those conditions.
(Ord. 1308 § 5, 2000)
In approving a conditional use permit, the commission may impose
conditions (e.g., buffers, hours of operation, landscaping and maintenance,
lighting, off-site improvements, parking, property maintenance, signs,
surfacing, time limits, traffic circulation, etc.) deemed reasonable
and necessary to:
(1)
Compliance with Chapter. Ensure compliance with the general purpose
of this chapter, the actions, goals, objectives and policies of the
general plan, and any applicable specific plan;
(2)
Compliance with Findings. Ensure that the approval would be in compliance with the findings required by Section 21.34.050 (Findings and decision) of this title;
(3)
Protect Interests. Protect the best interests of the surrounding
property or neighborhood;
(4)
Acknowledgment.
(A)
Ensure that the applicant acknowledges receipt, full understanding
and agreement with all of the conditions before issuance of the conditional
use permit.
(B)
By signing the written acknowledgment, the applicant acknowledges
acceptance of the benefits of the conditional use permit and agrees
to waive any right to later challenge any condition(s) imposed as
unfair, unnecessary or unreasonable.
(5)
Indemnification. Ensure protection of the city by authorizing the
commission to impose a condition requiring the applicant to agree
to indemnify and defend the city, its officers, employees and agents
from liability arising out of the approved use.
(Ord. 1308 § 5, 2000)
(a)
Procedures. Procedures relating to appeals, changes, performance guarantee, revocation and time extensions, as identified in Chapter 21.32. through 21.50 of this title, in addition to those identified in Chapter 21.54 (Entitlement Implementation, Time Limits and Extensions) of this title, shall apply following the approval of a conditional use permit application.
(b)
Run with the Land.
(1)
Continue to Be Valid. A conditional use permit that is valid and
in effect, and was granted in compliance with the provisions of this
chapter, shall run with the land and continue to be valid upon a change
of ownership of the land or any lawfully existing structure on the
land.
(2)
Resolution Review. In addition to securing a business license, any
new applicant seeking to operate a previously approved use in substantial
compliance with an existing conditional use permit shall submit a
project description (e.g., narrative and/or a site and floor plan)
to the director ensuring that the new operation would be in compliance
with the previous use and that the new applicant agrees to operate
in full compliance with the previously issued conditions of approval.
A fee may be imposed for the review of the project description and
conditions of approval subject to the council's fee resolution.
(c)
Substantial Compliance. Once approved by the commission, the design
and general appearance (e.g., colors, materials, etc.) of the approved
structure(s)/improvements shall not be substantially altered. Substantial
changes shall require commission review and approval before construction.
(Ord. 1308 § 5, 2000)
It is unlawful for any owner, operator, tenant or other person
in control of property within the city for which the standards set
forth in this chapter apply, to operate a business or land use in
a zone requiring a conditional use permit without such a permit, or
to fail to comply with each and every condition of that conditional
use permit.
(Ord. 1358 § 10, 2004)
