A conditional use permit is a permit allowing a use under specified
conditions which assure that the use will not be detrimental to the
public health, safety and welfare and will not impair the integrity
and character of the surrounding areas. Conditional use permits are
classified as "minor" or "major," as provided for in section 33-1202.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a) Unless otherwise provided, the director, zoning administrator or
planning commission shall have the authority to grant, conditionally
grant or deny a conditional use permit application based on sound
principles of land use. Unless as otherwise provided, a conditional
use permit is granted at the discretion of the director, zoning administrator
or planning commission and is not the automatic right of any applicant.
(b) When a proposed use is not specifically listed as permitted or conditionally
permitted in the subject zone, the director shall determine if the
use shall be permitted, or conditionally permitted as a major or minor
conditional use, after study and finding that the use is similar to
uses listed and would be consistent with the purpose of the subject
zone. The director may also determine that a conditionally permitted
use qualifies for processing as a minor conditional use permit when
the project substantially conforms to one of the situations listed
in section 33-1202(c) based on the details of the request.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a) Application and fees. Application for a conditional use permit may
be initiated by the property owner or agent of the property affected,
the planning commission, or the city council. Application shall be
made on forms provided by the city and shall be accompanied by the
appropriate fee. The application shall further be accompanied by such
materials as required by the director.
(b) Procedures. The zoning administrator or planning commission shall
consider the application, all relevant codes and regulations, the
project's environmental status, necessary findings, the circumstances
of the particular case, and any other relevant evidence, and shall
hold a public hearing before approving, conditionally approving, or
denying the application. The zoning administrator may refer any minor
conditional use permit application to the planning commission.
(c) Minor conditional use permit. The zoning administrator shall give
notice pursuant to Division 6 of this article and hold a hearing on
the application. Minor conditional use permits include, but are not
limited to, the following:
(1) Land uses specified as minor conditional uses in the land use matrix
of the applicable zoning district, area plan, specific plan, or planned
development;
(2) Requests where the conditional use to be permitted does not involve
the construction of a new building or other substantial structural
improvements on the property in question, provided the use does not
involve the use of hazardous substances;
(3) Requests where the conditional use requiring the permit would make
use of an existing building and does not involve substantial remodeling
of the existing building or the use of hazardous substances;
(4) Requests where the use requiring the permit is a temporary use that
operates periodically on a regular basis and exceeds the time or area
restrictions set forth in sections 33-1534(c)(1) and (2) of Article
73;
(5) Applications for additional animals over those permitted by section
33-1116 of Article 57, pursuant to section 33-1116(g);
(6) For uses in nonresidential zones requesting parking suitable for
the proposed use or mix of uses, pursuant to section 33-764(b) of
Article 39;
(7) Requests for businesses in the CN zone that are open for business
before 7:00 a.m. or after 11:00 p.m., pursuant to section 33-337(d);
(8) Requests involving a modification to an existing major conditional
use permit (or a modification to a conditional use permit that was
approved before the establishment of the minor conditional use permit
process) that otherwise meets the criteria under sections 33-1202(c)(1)-(7).
(Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2021-10, § 6, 10-27-21)
All decisions granting or denying a permit shall be in writing
and shall state the reasons for the decision. In granting a conditional
use permit, the following guidelines shall be observed:
(a) A conditional use permit should be granted upon sound principles
of land use and in response to services required by the community.
(b) A conditional use permit should not be granted if it will cause deterioration
of bordering land uses or create special problems for the area in
which it is located.
(c) A conditional use permit must be considered in relationship to its
effect on the community or neighborhood plan for the area in which
it is to be located.
Any conditional use permit granted shall be subject to such
conditions necessary and desirable to preserve the public health,
safety and general welfare.
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(Ord. No. 2017-03R, § 4, 3-22-17)
The decisions of the zoning administrator and the planning commission
shall be filed in the Planning Division and a copy provided to the
applicant at the address shown on the application.
(Ord. No. 2017-03R, § 4, 3-22-17)
The provisions of Division 6 of this article regarding appeal
of the zoning administrator's or commission's actions and the effective
date of approval shall apply.
(Ord. No. 2017-03R, § 4, 3-22-17)
Unless otherwise specified in the action granting a conditional
use permit, any such permit shall become automatically null and void
unless the uses authorized by the permit have been substantially implemented
within 24 months from the grant of the permit. The abandonment or
non-use of a permit for a period of 24 consecutive months shall also
result in such permit becoming automatically null and void. The director
shall have authority to grant extensions to the deadlines in this
section. Once any portion of a conditional use permit is utilized,
the other conditions thereof become immediately operative and must
be strictly complied with.
(Ord. No. 2023-15, 10/25/2023)
The planning commission or the city council shall have the discretion
to initiate proceedings to revoke or modify a conditional use permit.
If such proceedings are initiated, written notice of a public hearing
shall be served on the owner of the property for which such permit
was granted at least 10 days before such public hearing. Such notice
may be served either personally or by certified mail, postage prepaid,
return receipt requested. A conditional use permit may be modified
or revoked under any of the following circumstances:
(a) That the use is detrimental to the public health, safety or welfare
or is a nuisance;
(b) That the conditional use permit was obtained by fraud;
(c) That the use for which the permit was granted is not being exercised;
(d) That the use for which the permit was granted has ceased or been
suspended for 12 months or more;
(e) That the conditions of the improvements, if any, on a property for
which a conditional use permit has been issued, are such that they
can be used or altered as to be used in conformity with the uses permitted
in the zone in which such property is located without impairing the
constitutional rights of any person;
(f) That the conditions of the conditional use permit are not being complied
with.
(Ord. No. 2017-03R, § 4, 3-22-17)
Expansion of existing major and minor conditional uses of less
than 1,000 square feet or 10% of the facility, whichever is greater,
may be requested through the plot plan administrative review process
pursuant to Division 8 of this article. The director or zoning administrator
may administratively approve or conditionally approve, without a public
hearing, other minor adjustments, in substantial conformance to the
original development plans of a major or minor conditional use, that
do not involve an expansion or change to the conditionally permitted
use, provided that such adjustments do not conflict with the concept
or intent of the development plans originally approved.
(Ord. No. 2017-03R, § 4, 3-22-17)
Any final action which denies any application for a conditional
use permit shall prohibit the refiling of a similar or substantially
similar application for at least one year from the date of denial.
(Ord. No. 2017-03R, § 4, 3-22-17)
In addition to modification or revocation as provided in section
33-1207 of this division, the violation of any condition of a conditional
use permit is unlawful and may be punished as provided in section
33-1313 of this article. A violation of any condition of a conditional
use permit may also result in the imposition of civil penalties as
provided in section 1-20 et seq., of Chapter 1 of the Escondido Municipal
Code.
(Ord. No. 2017-03R, § 4, 3-22-17)
(Deleted by Ord. No. 92-47, § 2, 11-18-92)
(a) The decision whether or not to issue a conditional use permit for
residential care facilities for the handicapped, when required by
other provisions of this code, shall lie with the sound discretion
of the director. Whenever permissible under the California Environmental
Quality Act or its guidelines for implementation, the director shall
prepare a notice of exemption for the proposed residential care facility.
If the facility is not eligible for an exemption, the director shall
conduct only such environmental review as is necessary to comply with
the minimum requirements of the California Environmental Quality Act.
The construction of access ramps for persons with mobility impairments
shall not be deemed to be a substantial modification of a structure
or to have a significant effect on the environment.
(b) Upon determining whether or not to issue a conditional use permit
for a residential care facility for the handicapped, the director
shall provide notification of the intended decision to surrounding
property owners as provided in section 33-1300. The notification shall
advise all interested persons that unless appealed, the director's
decision to issue a conditional use permit for a residential care
facility for the handicapped shall become final within 10 days of
the date of notification.
(c) Any interested person may appeal the decision of the director to
grant or deny a conditional use permit for a residential care facility
for the handicapped. Such appeal shall be made to the planning commission
and the city council, and shall be made pursuant to the requirements
set forth in section 33-1300 et seq. of this code.
(d) In determining whether or not to grant a conditional use permit for
a residential care facility for the handicapped, the director shall
grant the application as long as the following requirements are met:
(1) The proposed use and structure comply with all existing and applicable
Zoning Code provisions, Uniform Housing Code provisions, and Uniform
Building Code requirements;
(2) The site and structure have, or will receive, all necessary licenses
from the appropriate state or federal regulatory agencies;
(3) The design of the physical structure is not wholly inconsistent with
the design and scale of the surrounding neighborhood; however, this
factor shall not be considered with respect to an existing structure;
(4) The use and structure will not create measurable and identifiable
traffic problems in the surrounding neighborhood. In making this determination,
the director shall determine from information supplied by the applicant
the number of automobile trips that the home may reasonably be expected
to generate. Traffic may not be used as a reason to deny or condition
the application unless this number is more than twice the number which
the city assumes for planning purposes will be generated by a typical
single-family residence, which is 10;
(5) The use and structure will not create measurable and identifiable
parking problems in the surrounding neighborhood. In making this determination,
the director shall determine from information supplied by the applicant
the number of cars that may reasonably be expected to be present at
the home at any one time, and may condition the permit on the applicant's
providing the appropriate number of off-street parking spaces. In
making this determination, the director shall not apply any formula,
but shall assess the actual likelihood that the prospective residents
will own and operate cars.
(Ord. No. 2017-03R, § 4, 3-22-17)