The conditional use permit is intended for those types of land uses which require special consideration because they possess unique characteristics or present special issues that make being a permitted use impractical or undesirable. The city staff should consider the following with regard to evaluating conditional uses: appropriate area needed for the proposal, traffic and noise impacts, potential odors and light pollution, vibration, smoke or other problems incidental to its operation. Applicants shall not be deemed to have any "right" to a conditional use permit; such permit is a discretionary action under the zoning regulations, the granting of the permit shall be viewed as a special dispensation. The city has sole authority to grant the entitlement to an applicant and a conditional use permit shall only be granted with the establishment of certain conditions to protect the health, safety and general welfare of the neighborhood or community, subject to the following findings:
A. 
The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter.
B. 
The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.
C. 
The site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks and walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood.
D. 
The site for the proposed uses relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
E. 
The applicant agrees to comply with any and all of the conditions imposed by the review authority or be subject to a revocation hearing.
Uses existing on the effective date of the ordinance codified in this chapter which are listed as permitted subject to conditional use permit in the zone in which they are located may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
The application for a conditional use permit shall be completed on the official application supplied by the city and filed with the planning department by the owner of the property for which the permit is sought, or by the lessee having a lease-hold interest or by the agent of any of the foregoing duly authorized in writing.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
A. 
When approving a conditional use permit the planning commission and/or city council may grant a conditional use permit under any provisions of this chapter. Denial of a conditional use permit shall be based on written findings that show substantial evidence in review of the whole record to justify a denial.
B. 
Prior to making the findings listed in Section 9.72.010 of this chapter, the planning commission and/or the city council should in its deliberation consider whether the proposed use at the proposed location is detrimental to other existing and permitted uses in the general area thereof and relates properly to existing and proposed streets and highways.
C. 
In granting a conditional use permit, the planning commission and city council may impose such reasonable conditions as are deemed necessary and desirable to protect the public health, safety, convenience and general welfare of the city, in accordance with the intent and purpose of the city zoning regulations.
D. 
If a conditional use permit is granted by the city council or planning commission, the use shall be subject to all property development standards of the zone in which the use is located and that the planning commission or city council may impose additional conditions if necessary.
E. 
All conditional use permits approved by the city council or planning commission are subject to all aspects of the design review process, including, but not limited to, review of architecture, building color, signage, landscaping, fencing, and parking.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
If the planning commission and/or city council deems a proposed conditional use is unsuitable to an area the project may be denied on the basis of one or more of the findings found in Section 9.72.010. The specific findings must be made part of the record of the meeting.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
A. 
A conditional use permit granted by the commission as provided in this chapter shall become effective immediately upon the expiration date of the appeal period per Section 9.72.080 of this chapter.
B. 
A conditional use permit granted by the council, as provided in this chapter, shall become effective immediately upon the council's action to grant the permit. All decisions of the council concerning the merits of the application shall be final.
C. 
The effective date of a conditional use permit shall be the original date of approval of the conditional use permit for purposes of determining the date of expiration pursuant to Section 9.72.120.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
A. 
Any person aggrieved or affected by the final determination of the planning commission concerning an application for a conditional use permit including any conditional requirement imposed on the project may appeal the decision within ten calendar days from the planning commission's decision by filing the city's appeal application with the planning department and paying the established fee as set forth by the city council.
B. 
The city planner or designee shall schedule a public hearing and provide notice in accordance with Chapter 9.09 of this title.
C. 
The city planner or designee shall transmit to the city council a written report, copies of the application, and copies of all other papers constituting the record upon which the commission's decision was taken, including, but not limited to, the minutes of all hearings thereon and shall submit to the council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a conditional use permit.
D. 
The council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or ordered to be reviewed by the council. After reviewing the record of the commission's proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, including, but not limited to, the application, minutes of hearings, notice of appeal and the commission's report, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.
E. 
On the date a notice of appeal is filed under this chapter, or on the date the council orders a review of the commission's determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)
The city council can initiate a de novo review of any conditional use permit by requesting the item via the city manager to be on the next city council agenda. If a majority of the quorum present is in agreement to conduct a de novo review they may order a review of all or part of that determination in the same manner as provided for in the appeal process in Section 9.72.080. The item shall be presented at a city council meeting after the order of review and the city council shall conduct a de novo review and may add, modify, or delete any part of the project and/or conditions of approval.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
A conditional use permit or zoning use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
A. 
A conditional use permit shall expire within twenty-four months after the original date of approval by the final approving body, unless a completed building permit application has been submitted. A "completed building permit application" shall mean all required fees, structural plans, site plans, grading plans and other documents required pursuant to the conditional use permit. The building official in consultation with the city planner or designee shall have authority to determine the sufficiency of the building permit application as complying with the criteria in this section.
B. 
A conditional use permit shall expire upon expiration of a building permit which has been issued in accordance with subsection A of this section.
C. 
When an applicant desires an extension of a conditional use permit, and the conditional use permit is not coupled with a tentative tract map or parcel map, the final approving body at its sole discretion may grant an extension of time not to exceed one year from the original expiration of such permit.
D. 
Notwithstanding Ordinance No. 659, when an applicant desires to be granted an extension of a conditional use permit, and the conditional use permit is coupled with a tentative tract map or parcel map, the final approving body at its sole discretion may grant an extension of time not to exceed the life of the map including any extensions approved by the city of Cathedral City or the state.
E. 
The application to file an extension for a conditional use permit must be filed on a form as provided by the city and must be completed and filed with the city prior to the expiration of such permit.
F. 
For purposes of this section, final approving body shall mean the planning commission or the city council, whichever body gave final approval of the approved conditional use permit.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
A. 
Any exterior changes to the design of the building or landscaping that involve no expansion shall be handled via an administrative design review per Section 9.78.040 or 9.78.050 of the municipal code as an administrative design review.
B. 
Revisions other than minor revisions, as defined in subsection A of this section, may be made pursuant to the regular conditional use permit procedure set forth in Section 9.72.040 of this chapter.
C. 
All copies of the approved revised site plan shall be dated and signed by the city planner or designee and made a part of the record of the subject conditional use permit. One copy of such approved revised site plan shall be mailed to the applicant.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
A. 
The planning commission and/or the city council, on their own motion may, initiate a revocation and shall hold a hearing to make a recommendation to the city council upon the question of the revocation of a conditional use permit granted under, or pursuant to, the provisions of this chapter. The city council shall be the final acting body for all revocation proceedings.
B. 
Revocations shall be a public hearing and notice of such hearing shall be provided in accordance Chapter 9.09 of this title.
C. 
A conditional use permit, whether granted automatically for a nonconforming prior use, or pursuant to a hearing, may be revoked if the commission and council find:
1. 
That the use is detrimental to the public health or safety or is a nuisance.
2. 
That the conditional use permit was obtained by misrepresentation or nonstatement of facts.
3. 
That the use for which the permit was granted is not being exercised.
4. 
That the use for which the permit was granted has ceased; or been suspended for one year or more.
5. 
That the condition of the improvements, if any, on a property for which a nonconforming conditional use permit is operative is such, that they can be used or altered so 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.
6. 
That the applicant has failed to comply with the development approval and/or conditions of approval.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)
Notwithstanding performance standards required to be met under Chapter 9.86, all improvements approved for construction based upon the procedures established herein are required to be maintained so as to substantially comply with the plans approved for construction unless modifications are approved by the city. The improvements to be maintained include, but are not limited to, site improvements, such as parking and walking surfaces, drainage control facilities, fences, signs, and lights; building and accessory structure improvements, such as paint colors and other finish materials, roofing materials, mechanical equipment, windows, trellises, canopies, and all architectural features; and landscape improvements, such as plant type, size and number and all irrigation system components. Any new signage that is installed must have the surrounding area painted and patched to match the existing area in color and surface.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
Any conditional use permit granted prior to the effective date of the ordinance codified in this chapter shall be a conditional use permit under this chapter subject to all conditions imposed in such permit unless otherwise provided in this chapter. Such permit may, however, be revoked or voided as provided in Section 9.72.130.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
Following the denial of a conditional use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit unless such denial was a denial without prejudice.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)