This chapter establishes a process for consideration and review
of Conditional Use Permits. Conditional Use Permits allow for consideration
and review of uses that are generally consistent with the purposes
of the zone district in which they are proposed but require special
consideration to ensure that they can be designed, located, and operated
in a manner that will not interfere with the use and enjoyment of
surrounding properties, and meaningful standards can only be established
in relation to the particular features of each individual proposal.
Approval of a Conditional Use Permit is required for uses or
developments specifically identified in any section of this title
that refers to a requirement for a Conditional Use Permit.
Pre-application review pursuant to Section 30.205.030, Pre-Application Review, is required prior to submittal of an application of any property owner or authorized agent for a Conditional Use Permit.
The Planning Commission shall approve, conditionally approve,
revise or deny applications for Conditional Use Permits based on consideration
of the requirements of this chapter.
Applications for Conditional Use Permits shall be accepted and processed pursuant to Chapter 30.205, Common Procedures and the specific requirements of this chapter. In addition to any other application requirements, the application for a Conditional Use Permit shall include data or other evidence in support of the applicable findings required by Section 30.215.070, Required Findings, below.
All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 30.205, Common Procedures.
A Conditional Use Permit application shall only be approved
if the Review Authority makes all of the following findings.
A.
The
proposed use is allowed with a Conditional Use Permit within the applicable
zone district and complies with all specific requirements for the
Conditional Use Permit, as well as all other applicable provisions
of this title and all other titles of the municipal code;
B.
The
proposed use and development is deemed essential or desirable to the
public convenience or welfare and is consistent with the General Plan
and any applicable specific plan;
C.
The
proposed use and development will not be adverse to the public health,
safety, or general welfare of the community, nor materially detrimental
to surrounding properties or improvements;
D.
The
total area of the site and the setbacks of all facilities from property
and street lines are of sufficient magnitude in view of the character
of the land and of the proposed development that significant detrimental
impact on surrounding properties is avoided;
E.
The
design and operation of the project and its components, including
hours or manner of operation, outdoor lighting and noise generating
equipment, will not be a nuisance to the use of property in the area,
particularly residential use;
F.
Adequate
access and off-street parking including parking for guests is provided
in a manner and amount so that the demands of the development for
such facilities are adequately met without altering the character
of the public streets in the area at any time; and
G.
The
appearance of the developed site in terms of the arrangement, height,
scale and architectural style of the structures, location of parking
areas, landscaping, open space and other features is compatible with
the character of the area.
In approving a Conditional Use Permit, the Review Authority
may impose reasonable conditions or restrictions deemed necessary
to:
A.
Ensure
that the proposal conforms in all significant respects with the General
Plan and with any other applicable plans or policies adopted by the
City Council;
B.
Achieve
the general purposes of this title or the specific purpose of the
zone district(s) in which the proposed use is located;
C.
Achieve the findings for a Conditional Use Permit listed in Section 30.215.070, Required Findings, above; or
D.
Mitigate
impacts identified as a result of environmental review conducted in
compliance with the California Environmental Quality Act.
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The Review Authority may require reasonable guarantees and evidence
that the applicant is complying, or will comply, with the conditions
of approval.
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