Many land uses are or can be made conditionally appropriate,
depending on the circumstances at the site and surrounding area; these
discretionary determinations are termed “conditional uses.”
Conditional uses are unique and their effect on the surrounding environment
cannot be determined in advance of the use being proposed for a particular
location. At the time of application, a review of the location, design,
configuration, and potential impact of the proposed use shall be conducted
by comparing the use to established development standards and design
guidelines. This review shall determine whether the proposed use should
be permitted by weighing the public need for the benefit to be derived
from the use against the impact which it may cause.
(Prior code § 159.36.010; Ord. 782 6-20-23)
An application for a Conditional Use Permit (CUP) shall be filed in a manner consistent with the requirements contained in Chapter
17.68 (Applications and Fees).
(Prior code § 159.36.020; Ord. 782 6-20-23)
A. Conditional
Use Permit applications shall be analyzed to assure that the applications
are complete and consistent with the intent and the purpose of this
chapter. To ensure effective implementation of General Plan policies
relating to design guidelines, each application for a Conditional
Use Permit shall be reviewed by the Planning Director for completeness
prior to Planning Commission review and possible action.
B. A Conditional
Use Permit shall not be granted if the underlying property or properties
in question have been issued a Code Compliance Notice of Violation/Notice
to Abate or are otherwise in violation of the Desert Hot Springs Municipal
Code. Notwithstanding, a Conditional Use Permit may be granted if
the application for same includes remedying any and all municipal
code violations.
(Prior code § 159.36.030; Ord. 782 6-20-23)
Upon receipt in proper form of a Conditional Use Permit application, staff shall conduct necessary project and environmental reviews and determine the adequacy of the application. Once it is determined that no additional information is required, a hearing shall be set and notice of the Planning Commission hearing given in a manner consistent with Chapter
17.104 (Hearings and Appeals).
(Prior code § 159.36.040; Ord. 782 6-20-23)
At the completion of the public hearing, the Planning Commission
shall record the decision in writing and shall recite therein the
findings upon which such decision is based. The Planning Commission
may approve and/or modify a Conditional Use Permit application in
whole or in part, with or without conditions, only if all of the following
findings are made:
A. The
proposed use is consistent with applicable goals and policies of the
General Plan;
B. The
proposed use is conditionally permitted within the subject land use
district and complies with all of the applicable provisions of this
Zoning Ordinance;
C. The
subject site is physically suitable for the type and intensity of
land use being proposed;
D. The
proposed use would be compatible with existing and future land uses
within the general area in which the proposed use is to be located;
E. The
proposed use is compatible in scale, mass, coverage, design, density,
and intensity with all adjacent land uses;
F. There
are adequate provisions for water, sanitation, and public utilities
and services to ensure that the proposed use would not be detrimental
to public health and safety;
G. There
will be adequate provisions for public access to serve the subject
proposal;
H. The
proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to
the public health, safety, or welfare, or be materially injurious
to properties or improvements in the surrounding area;
I. The
proposed use is needed or appropriate at the prescribed location,
as demonstrated in the market/feasibility study, if required;
J. There
will not be significant harmful effects upon environmental quality
and natural resources; and
K. If
there are any negative impacts from the proposed use, they are mitigated
to less than a significant impact.
(Prior code § 159.36.050; Ord. 782 6-20-23)
In no instance shall a permit be issued for any use involved
in an application for approval of a Conditional Use Permit until,
and unless, the same shall have become final.
(Prior code § 159.36.060; Ord. 782 6-20-23)
A. Unless
otherwise permitted by law, a Conditional Use Permit shall have a
maximum term of 5 years from the date of approval.
B. The
initial term of the Conditional Use Permit shall be 2 years.
C. An
extension may be granted prior to the expiration of the permit by
submitting an application and paying fees. The applicant may request
1 extension at a time for up to 1 year to the Planning Director requesting
the extension and reasons for the extension, not to exceed a total
extension time of 3 years. Upon receipt of the application, the Planning
Director or designee shall have the authority to approve, approve
with modifications to the approved conditions, add additional conditions,
or deny the request.
D. Conditional
Use Permits which are not exercised by the commencement of construction
within 2 years from the date of approval shall become null and void,
unless extended. In addition, if after issuance of a building permit,
work is discontinued for a period of 1 year, the Conditional Use Permit
shall become null and void, unless extended.
E. If
after issuance of a grading permit, work is discontinued for a period
of 6 months, then the Conditional Use Permit shall become null and
void, unless extended. Projects may be built in phases if pre-approved
by the review authority. If a project is built in preapproved phases,
each subsequent phase shall have 2 years from the previous phase’s
date of construction commencement to the next phase’s date of
construction commencement to have occurred, or the Conditional Use
Permit shall become null and void.
F. The
Conditional Use Permit shall become null and void if the project is
not operational by the end of the 5th year from the date of approval
of the Conditional Use Permit. In instances where the applicant has
made substantial progress in meeting the requirements of the CUP defined
as 90% of the project cost, the Director may grant an additional extension
to complete the project. Such extension shall not be more than 1 year.
(Prior code § 159.36.070; Ord. 726 10-6-20; Ord. 782 6-20-23)
An approved Conditional Use Permit may be modified, in a manner pursuant to Chapter
17.68 (Applications and Fees). Minor modifications to an approved Conditional Use Permit may be approved by the Director, pursuant to Chapter
17.120 (Minor Modifications).
(Prior code § 159.36.080; Ord. 782 6-20-23)
A. The City may initiate proceedings to revoke, suspend, or modify a Conditional Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter
4.36 of the Desert Hot Springs Municipal Code, or successor chapter.
B. A Conditional
Use Permit may be revoked or modified if one or more of the following
findings are made:
1. That circumstances have changed so that one or more of the findings contained in Section
17.96.050 can no longer be made;
2. The
Conditional Use Permit was obtained by misrepresentation or fraud;
3. The
use for which the Conditional Use Permit was granted had ceased or
was suspended for 6 or more consecutive calendar months;
4. One
or more of the conditions of the Conditional Use Permit have not been
met;
5. The
use or permit holder is in violation of any statute, ordinance, law,
or regulation; and
6. The
use permitted by the Conditional Use Permit has subsequently been
determined to be detrimental to the public health, safety or welfare
or constitutes a nuisance.
(Prior code § 159.36.100; Ord. 695 10-15-19; Ord. 782 6-20-23)
Conditional Use Permits are granted pursuant to the provisions
of this chapter and 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.
(Prior code § 159.36.110; Ord. 782 6-20-23)
At the discretion of the Planning Commission, the developer may be conditioned to provide performance security in a manner similar to Section
16.08.030 for the faithful performance of any or all conditions of approval.
(Prior code § 159.36.120; Ord. 782 6-20-23)