Chapter 19.42 — CONDITIONAL USE PERMITS

The purpose of this chapter is to establish procedures and general standards for the review and approval of conditional use permits and minor conditional use permits (referred to as "minor use permits" in this chapter and elsewhere in this title) required by various sections of this title, including uses listed in the zoning district chapters as a use permitted subject to the securing of a conditional use permit, or minor use permit.

(Ord. 2001-02 § 1, 2001; Ord. 2009-12 § 3, 2009.)

(A) Application.

(1) Applications for conditional use permits and minor use permits shall be filed with the community development department. Submittals shall include a completed application form, along with related information and filing fees established by the city.

(2) If other approvals are necessary, an application for a conditional use permit or minor use permit may be filed and processed concurrently with the related entitlement request(s), and shall be acted upon simultaneously by the planning commission.

(3) Following the denial or revocation of a conditional use permit or minor use permit application, no application for such permit for the same or substantially the same use and design, or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(B) Approval Authority.

(1) The community development director may approve minor use permits for those uses designated "M" in this title. Applications for such permits shall be reviewed in accordance with Section 19.40.020, Community development director approvals.

(2) The planning commission may approve conditional use permits for those uses designated "C" in this title. Applications for such permits shall be reviewed in accordance with Section 19.40.030, Planning commission approvals.

(C) Terms and Conditions. Any minor use permit or conditional use permit may include such terms and conditions deemed appropriate or necessary by the decision-making authority to make the findings required by subsection D of this section. If no terms or conditions are specified, the use permit shall be considered unconditional and valid for an indefinite period, unless the use is abandoned.

(D) Required Findings. The planning commission may approve or conditionally approve an application for a conditional use permit or minor use permit if it makes all of the following findings:

(1) The proposed use is consistent with the policies and programs of the general plan and any applicable master or specific plan.

(2) The proposed use is consistent with the purpose(s) and standards of the applicable zoning district(s).

(3) The proposed use complies with applicable policies of the Napa County Airport land use compatibility plan.

(4) The project site is physically suitable for the type and intensity of land use being proposed.

(5) The proposed use will not be a nuisance or materially detrimental to the general health, safety, and welfare of the public or to property and residents in the vicinity.

(6) The site for the proposed use has adequate access, and meets parking and circulation standards and criteria.

(7) There are adequate provisions for water and sanitary services, and other public utilities to ensure that the proposed use would not be detrimental to public health and safety.

(E) Required Findings—Homeless Shelters. In addition to the findings required by subsection (D) of this section, the planning commission shall make the following findings of fact in approving a conditional use permit for a homeless shelter:

(1) The applicant has demonstrated that the type and size of homeless shelter proposed directly fulfills the needs of city residents.

(2) Approval of the permit will not result in an over concentration of homeless shelters in the vicinity.

(3) The land uses and development in the immediate vicinity of the project will not constitute an immediate or potential hazard to occupants of the shelter.

(4) The shelter will have ready access to public transportation and planned or existing support services.

(F) Required Findings—Accessory Dwelling Units. In addition to the findings required by subsection (D) of this section, the planning commission shall make the following findings in approving a conditional use permit for accessory dwelling units:

(1) Access separate from the on-site commercial use(s) is provided for the accessory dwelling unit(s).

(2) Noise levels within the accessory dwelling unit(s) will not exceed any adopted noise standards.

(3) The accessory dwelling unit(s) will be protected from any obnoxious odors generated on-site or in the immediate vicinity.

(Ord. 2001-02 § 1, 2001; Ord. 2009-07 § 4, 2009; Ord. 2009-12 § 3, 2009; Ord. 2010-03 § 3, 2010.)

19.42.030 Expiration of approval.

(A) Expiration of Approval. If the use for which a conditional use permit has been approved pursuant to this chapter has not been initiated within one year of the granting of the use permit, the use permit shall become null and void and of no effect.

(B) Time Extensions.

(1) An extension of time for initiation of the approved use may be granted by the community development director upon the written request by a responsible party before the expiration of the one-year period, provided that:

(a) There have been no changes in the approved plans; and

(b) There has been no change of circumstances which would prevent any of the required findings of approval to be made.

(2) Only one such extension for a period not to exceed one year from the expiration of the original period shall be granted.

(3) An additional extension not to exceed two years from the initial expiration of the original extension period may be granted by the community development director where the state unemployment rate exceeds nine percent, as per the U.S. Bureau of Labor Statistics.

(Ord. 2001-02 § 1, 2001; Ord. 2010-09 § 2, 2010.)

(A) The planning commission may periodically review any use permit to ensure that it is being operated in a manner consistent with conditions of approval and/or in a manner that is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing before the appropriate decision-making body shall be set for modification or revocation.

(B) Any conditional use permit issued pursuant to this chapter may be revoked or modified pursuant to Chapter 19.40 of this title, following a public hearing held in accordance with Chapter 19.40.

(C) Minor and major modifications to approved conditional use permits may be approved in accordance with Chapter 19.45 of this title.

(Ord. 2001-02 § 1, 2001.)

A conditional use established prior to enactment of this title may continue, provided it is operated and maintained in accordance with any conditions prescribed in the conditional use permit.

(Ord. 2001-02 § 1, 2001.)