There are certain uses, which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as "conditional uses" in Article 16.2, Land Use Districts. The purpose of Chapter
16.64 is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met.
(Ord. 389 § 1(Exh. A),
2009)
A. Initial Application. An application for a new conditional use shall be processed as a Type III-PC procedure (Section
16.61.040). The application shall meet submission requirements in Section
16.64.030, and the approval criteria contained in Section
16.64.040.
B. Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with Chapter
16.66, Modifications.
(Ord. 389 § 1(Exh. A),
2009; Ord. 501 § 1, 2016; Ord. 526 § 1, 2017)
In addition to the submission requirements required in Chapter
16.61, an application for conditional use approval must include the following information in subsections A through H, as applicable. For a description of each item, please refer to Section
16.62.030, Design Review:
A. Existing
site conditions;
C. Preliminary
grading plan;
E. Architectural
drawings of all structures;
F. Drawings
of all proposed signs;
G. A copy
of all existing and proposed restrictions or covenants;
H. Narrative report or letter documenting compliance with all applicable approval criteria in Section
16.64.040.
(Ord. 389 § 1(Exh. A),
2009)
The City shall approve, approve with conditions, or deny an
application for a conditional use or to enlarge or alter a conditional
use based on findings of fact with respect to each of the standards
and criteria in subsections A through C.
A. Use
Criteria.
1. The
site size, dimensions, location, topography and access are adequate
for the needs of the proposed use, considering the proposed building
mass, parking, traffic, noise, vibration, exhaust/emissions, light,
glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;
2. The
negative impacts of the proposed use on adjacent properties and on
the public can be mitigated through application of other Code standards,
or other reasonable conditions of approval; and
3. All
required public facilities have adequate capacity to serve the proposal.
B. Site Design Standards. The design review approval criteria (Section
16.62.030) shall be met.
C. Conditions
of Approval. The City may impose conditions that are found necessary
to ensure that the use is compatible with other uses in the vicinity,
and that the negative impact of the proposed use on the surrounding
uses and public facilities is minimized. These conditions include,
but are not limited to, the following:
1. Limiting
the hours, days, place and/or manner of operation;
2. Requiring
site or architectural design features which minimize environmental
impacts such as noise, vibration, exhaust/emissions, light, glare,
erosion, odor and/or dust;
3. Requiring
larger setback areas, lot area, and/or lot depth or width;
4. Limiting
the building or structure height, size or lot coverage, and/or location
on the site;
5. Designating
the size, number, location and/or design of vehicle access points
or parking areas;
6. Requiring
street right-of-way to be dedicated and street(s), sidewalks, curbs,
planting strips, pathways, or trails to be improved;
7. Requiring
landscaping, screening, drainage, water quality facilities, and/or
improvement of parking and loading areas;
8. Limiting
the number, size, location, height and/or lighting of signs;
9. Limiting
or setting standards for the location, design, and/or intensity of
outdoor lighting;
10. Requiring berms, screening or landscaping and the establishment of
standards for their installation and maintenance;
11. Requiring and designating the size, height, location and/or materials
for fences;
12. Requiring the protection and preservation of existing trees, soils,
vegetation, watercourses, habitat areas, drainage areas, historic
resources, cultural resources, and/or nature resource lands;
13. Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans, or requiring the recording of a local improvement district non-remonstrance agreement for the same. Dedication of land and construction shall conform to the provisions of Chapter
16.41, and Chapter
16.42 in particular.
(Ord. 389 § 1(Exh. A),
2009)
A. Concurrent
Variance Application(s). A conditional use permit shall not grant
variances to regulations otherwise prescribed by the Development Code.
Variance application(s) may be filed in conjunction with the conditional
use application, and both applications may be reviewed at the same
hearing.
B. Additional
Development Standards. Development standards for specific uses are
contained in Article 16.2, Land Use Districts.
(Ord. 389 § 1(Exh. A),
2009)