This Chapter establishes procedures for the review and approval or denial of Conditional and Minor Use Permits, which are required by Division 2 (Zones Allowed Uses and Development Standards) or any other Chapter or Section of this Code. The purpose of Conditional and Minor Use Permits is to provide a process for reviewing uses and activities within an applicable zone that require more discretionary review and the possible imposition of conditions to mitigate the effects of the proposed use.
(Ord. 1670(19) § 11)
A Conditional Use Permit (CUP) or Minor Use Permit (MUP) is required to allow those land uses specified in Division 2 (Allowed Uses and Development Standards for All Zones) subject to the approval of a CUP or MUP.
(Ord. 1670(19) § 11)
An application for a Conditional or Minor Use Permit shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
A. 
Notice. Noticing for a Conditional or a Minor Use Permit shall be provided in compliance with Chapter 17.608 (Public Hearings and Noticing); however, the notice for a Minor Use Permit shall state the following:
1. 
The Director will decide whether to approve or deny the Minor Use Permit application on a date specified in the notice; and
2. 
A public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
B. 
Public Hearing.
1. 
Conditional Use Permit. The Commission shall conduct a public hearing on an application for a Conditional Use Permit. Public hearings shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing).
2. 
Minor Use Permit. If a public hearing is requested, the Director shall schedule the hearing which shall be noticed and conducted in compliance with Chapter 17.608 (Public Hearings and Noticing). If no public hearing is requested, the Director shall render a decision on the date specified in the public notice referred to in Subsection A, above.
(Ord. 1670(19) § 11)
A. 
Allowable Uses of Land. The Director has the authority to determine uses that may be allowed beyond what is identified in Division 2 (Allowed Uses and Development Standards for All Zones) when the use is similar to and will not involve a greater intensity of use than a listed use, and the use is consistent with the purpose of the zone, the General Plan, and any applicable specific plan, and can there-fore be allowed or permitted subject to a planning permit. The Director may also refer any issue of similar use to the Commission for their determination.
B. 
Additional Uses Allowed with a Conditional Use Permit. The Commission may issue a Conditional Use Permit for any use not explicitly permitted with a Conditional Use Permit in Division 2 (Zones), if the Commission makes all of the findings required in Section 17.520.060 and finds:
1. 
That the use will not be more obnoxious or detrimental to the public welfare than any other use explicitly permitted with a Conditional Use Permit in the same zone; and
2. 
That the use is of a comparable nature to at least one use explicitly permitted with a Conditional Use Permit in the same zone.
C. 
Additional Uses Allowed with a Minor Use Permit. The Director may issue a Minor Use Permit for any use not explicitly permitted with a Minor Use Permit in Division 2 (Zones), if the Director makes all of the findings required in Section 17.520.060 and finds:
1. 
That the use will not be more obnoxious or detrimental to the public welfare than any other use explicitly permitted with a Minor Use Permit in the same zone; and
2. 
That the use is of a comparable nature to at least one use explicitly permitted with a Minor Use Permit in the same zone.
(Ord. 1670(19) § 11)
The review authority shall approve, with or without conditions, a Conditional or Minor Use Permit application only after the following findings are made:
A. 
The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan;
B. 
The proposed use is appropriate for the subject zone, compatible with uses allowed in the subject zone and complies with all other applicable provisions of this Code and the Municipal Code;
C. 
The proposed use will not be materially detrimental to the health, safety, and welfare of the public or to property and residents in the vicinity;
D. 
The design, location, size, and operating characteristics of the proposed use will be compatible with the existing and future land uses, buildings, or structures in the vicinity;
E. 
If new development is proposed, the proposed development will have an architectural style that is compatible with the character of the surrounding area, both to avoid repetition of identical design where not desired, and to ensure compatibility in design where desired;
F. 
If new development is proposed, the color, material, and composition of the exterior elevations of the proposed development will be compatible with neighboring visible structures; and
G. 
The subject site is:
1. 
Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities, and
2. 
Served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.
(Ord. 1670(19) § 11)
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocation), shall apply following a decision on a Conditional Use Permit or Minor Use Permit.
(Ord. 1670(19) § 11)