The purpose of this chapter is to allow for activities requiring
a conditional use permit and which are so unique that their effect
on the surrounding environment cannot be determined before being proposed
for a particular location. At the time of application, a review of
the configuration, design, location and potential effect of the proposed
activity shall be conducted by comparing it to established development
and site standards. This review shall determine whether the proposed
use should be allowed by weighing the public need for and the benefit(s)
to be derived from the proposed use, against the potential negative
effects it may cause.
(Ord. 777 § 1 (Exh. A),
2002)
An application for a conditional use permit shall be filed in compliance with Chapter
17.36 (Application Filing, Processing, and Fees).
(Ord. 777 § 1 (Exh. A),
2002)
The land use activities listed in Division II (Zoning Districts)
may be allowable subject to the approval of a conditional use permit.
(Ord. 777 § 1 (Exh. A),
2002)
Each application shall be analyzed to ensure that it is consistent with the purpose of this chapter and in compliance with the California Environmental Quality Act (CEQA). To ensure effective implementation of General Plan policies relating to design, each application may be reviewed in compliance with Chapter
17.40 (Design Review) before determination by the commission. Additionally, any application which may involve grading may require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission.
(Ord. 777 § 1 (Exh. A),
2002)
Requests for a conditional use permit that involve establishment of a conditional use in an existing structure or expansion of a conditional use in an existing structure, where no exterior modifications to the structure are required may qualify for a minor conditional use permit. Tennis and sports courts (non-lighted) may also qualify for a minor conditional use permit with a recommendation by the director. Said application shall be made to the director of community development and processed in accordance with Chapter
17.48.
(Ord. 1033 § 2, 2011)
Upon receipt in proper form of a conditional use permit application and compliance with the California Environmental Quality Act (CEQA), a public hearing shall be set and notice of the hearing given in compliance with Chapter
17.74 (Public Hearings).
(Ord. 777 § 1 (Exh. A),
2002)
Following a hearing, the review authority shall record the decision
in writing and shall recite the findings upon which the decision is
based. The review authority may approve a conditional use permit application
in whole or in part, with conditions, only if all of the following
findings are made:
A. The
proposed use is conditionally allowed within, and would not impair
the integrity and character of, the subject zoning district and is
in compliance with all of the applicable provisions of this title;
B. The
proposed use is consistent with the general plan and specific plan,
if applicable;
C. The
design, location, size, and operating characteristics of the proposed
use are compatible with the existing and future land uses and would
not create significant noise, traffic, or other conditions or situations
that may be objectionable or detrimental to other allowed uses operating
nearby or adverse to the public interest, health, safety, convenience,
or welfare of the city;
D. The
subject site is physically suitable for the type and density/intensity
of use being proposed;
E. There
are adequate provisions for public access, water, sanitation, and
public utilities and services to ensure that the proposed use would
not be detrimental to public health and safety; and
F. The
proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA) and there would
be no potential significant negative effects upon environmental quality
and natural resources that would not be properly mitigated and monitored,
unless findings are made in compliance with CEQA.
(Ord. 777 § 1 (Exh. A),
2002)
Permits shall not be issued for any use involved in an application for a conditional use permit until, and unless, the same shall have become final, in compliance with Section
17.68.030 (Effective date of permits).
(Ord. 777 § 1 (Exh. A),
2002)
A. Within twelve months of conditional use permit approval, the permit shall be exercised in compliance with Section
17.68.060 (Expiration) or the permit shall be deemed void.
B. If
the application for the conditional use permit also involves the approval
of a tentative map, the phasing shall be consistent with the tentative
map and the permit shall be exercised before the expiration of the
companion tentative map.
(Ord. 777 § 1 (Exh. A),
2002)
The review authority may, upon an application being filed at least thirty days before the date of permit expiration and for good cause, grant one time extension not to exceed twelve months, in compliance with Section
17.68.070 (Time extensions).
(Ord. 777 § 1 (Exh. A),
2002)
An approved conditional use permit may be modified in compliance with Section
17.68.080 (Changes to an approved project). Minor modifications to an approved permit may be approved by the director, in compliance with Section
17.68.080 (Changes to an approved project). Minor modifications shall not apply when a nonconforming use, structure or site is involved.
(Ord. 777 § 1 (Exh. A),
2002)
In approving a conditional use permit, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section
17.48.060 (Findings and decision).
(Ord. 777 § 1 (Exh. A),
2002)
The city may conduct a periodic review of the permit to ensure
proper compliance with this title and any developmental or operational
conditions imposed by the review authority.
(Ord. 777 § 1 (Exh. A),
2002)
The applicant or owner may be required to provide adequate performance
security for the faithful performance of any/all conditions of approval
imposed by the review authority.
(Ord. 777 § 1 (Exh. A),
2002)
A conditional use permit granted in compliance with the provisions
of this chapter shall continue to be valid upon a change of ownership
of the site, business, service, use, or structure which was the subject
of the permit application.
(Ord. 777 § 1 (Exh. A),
2002)
The review authority may revoke or modify a conditional use permit in compliance with Chapter
17.18 (Revocations and Modifications).
(Ord. 777 § 1 (Exh. A),
2002)
All applications shall be subject to the applicable provisions
of this title, including the procedures identified in the following
chapters and sections:
17.76
|
Appeals
|
17.36
|
Application Filing, Processing, and Fees
|
17.68.080
|
Changes to an Approved Project
|
17.74
|
Public Hearings
|
17.78
|
Revocations and Modifications
|
17.68.070
|
Time Extensions.
|
(Ord. 777 § 1 (Exh. A),
2002)