Conditional uses are those which have a special impact or uniqueness
so that their effect on the surrounding environment cannot be determined
in advance of the use being proposed for a particular location.
This chapter provides a process for reviewing conditional use
permit applications to allow for specified activities and uses as
identified in the various zoning districts as requiring a conditional
use permit. These provisions are intended to protect the integrity
and character of the residential and commercial areas of the city,
consistent with the objectives, policies, general land uses, and implementation
programs of the General Plan. This chapter also ensures adequate review
and input for development projects which potentially impact the community,
and adequate review to ensure that development in each zoning district
protects the integrity of that district.
A project requiring conditional use permit approval is reviewed
as to its location, design configuration, and potential impacts by
comparing the project to established standards. The purpose of the
review is to determine whether the permit should be approved by weighing
the public need for, and the benefit to be derived from, the project,
against any impacts it may cause.
(Ord. 01-594 § 2, 2001)
A. Planning Commission Review. The Planning Commission shall
review, approve, modify, or deny a conditional use permit application
for any use listed in Article 19-2 (Zoning Districts and Allowable
Land Uses) as requiring a conditional use permit, and for any change
to an existing Substitute Conditional Use Permit (SCUP).
B. Planning and Development Services Director Review. The Planning and Development Services Director shall approve, modify, or deny a minor conditional use permit application for any use listed in Article 19-2 (Zoning Districts and Allowable Land Uses) as requiring a minor conditional use permit, or may refer the application to the Planning Commission for a decision. The Planning and Development Services Director shall also act upon minor conditional use permit applications for the expansion, maintenance, or repair of a nonconforming structure in compliance with Chapter
19.72 (Nonconforming Uses, Structures, Signs and Parcels).
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 186, 2019)
A. Application Preparation and Filing. An application for a conditional use permit or minor conditional use permit shall be prepared, filed, and processed in compliance with Chapter
19.40 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Section
19.52.040 (Findings and Decision), below.
B. Notice and Hearings. The application shall be scheduled for a public hearing once the Planning and Development Services Department has determined the application to be complete. Notice of the public hearing shall be provided in compliance with Chapter
19.74 (Public Hearings and Notice).
C. Amendments to Approved Conditional Use Permits. For review of amendments to already approved conditional use permits, see Section
19.62.070 (Amendments to Approved Projects).
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 44, 2003; Ord. 19-1058 § 187, 2019)
A conditional use permit or minor conditional use permit may
be approved, with or without conditions, only if the review authority
first finds that:
A. The
proposed use is allowed within the applicable zoning district with
conditional use permit approval, and complies with all other applicable
provisions of this Zoning Ordinance and the Municipal Code;
B. The
proposed use is consistent with the General Plan and any applicable
specific plan;
C. The
site is physically adequate for the type, density, and intensity (e.g.,
number of employees and customers) of use being proposed, including
provision of services (e.g., sanitation and water), public access,
and the absence of physical constraints;
D. The
design, location, size, and operating characteristics of the proposed
use are compatible with the existing and future land uses on site
and in the vicinity of the subject property; and
E. The
establishment, maintenance, or operation of the proposed use at the
location proposed will not endanger, jeopardize, or otherwise constitute
a menace to the public convenience, health, interest, safety, or the
general welfare of persons residing or working in the vicinity of
the proposed use.
(Ord. 01-594 § 2, 2001)
In approving a conditional use permit or minor conditional use
permit, the review authority may impose reasonable and necessary specific
design, locational, and operational conditions relating to both on-
and off-site improvements, which are intended to ensure that:
A. The project will comply with all the findings listed in Section
19.52.040;
B. On-
or off-site improvements (e.g., fire hydrants, streets, street lighting,
traffic-control devices, etc.) are provided as reasonable and necessary
to carry out the purpose and requirements of the applicable zoning
district; and
C. Any
time limits on the duration of the use are provided as determined
to be necessary by the review authority.
(Ord. 01-594 § 2, 2001)
The approval or denial of a conditional use permit or minor conditional use permit may be appealed in compliance with Chapter
19.76 (Appeals). The procedures of Chapter
19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after the approval of a conditional use permit or minor conditional use permit.
(Ord. 01-594 § 2, 2001)