Chapter 18.66 — CONDITIONAL USE PERMITS

The purpose of this chapter is to provide a process to accommodate certain uses which, because of their characteristics, size of the area required for full development of such uses, traffic problems incidental to their operation, or potential effects of such uses on adjoining land uses and on the growth and development of the area, and to ensure compatibility with the General Plan, need to be reviewed in accordance with the provisions in this chapter. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6432 § 38 (part); April 10, 2018.)

The provisions of this chapter apply whenever a minor conditional use permit or a conditional use permit is required by the regulations applicable to the underlying zoning. A minor conditional use permit or a conditional use permit shall not be granted for a use that is prohibited by the regulations applicable to the parcel, except as otherwise set forth in this chapter. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6432 § 38 (part); April 10, 2018.)

An application for a conditional use permit may be initiated as set forth in this section.

.010 Petition. A minor conditional use permit or a conditional use permit may be initiated by the verified petition of one or more owners of property affected by the proposed minor conditional use permit or conditional use permit, which petition shall be filed with the Planning Department and shall be accompanied by a fee as prescribed in Chapter 18.80 (Fees), no part of which shall be returnable to the petitioner except as set forth in Section 18.60.070 (Withdrawal of Application).

.020 City Council. A minor conditional use permit or a conditional use permit may be initiated by motion of the City Council. .030 Planning Commission. A minor conditional use permit or a conditional use permit may be initiated by motion of the Planning Commission. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 58; August 22, 2006: Ord. 6432 § 38 (part); April 10, 2018.)

.010 Planning Commission. The Planning Commission is the approval authority for conditional use permits. .015 Planning Director. The Planning Director is the approval authority for minor conditional use permits.

.020 Unlisted Uses Permitted. The City Council has determined that, because it is impossible to anticipate all potential future uses, the following provisions are enacted.

.0201 If a use is not authorized or mentioned in any zone throughout the City, and the Planning Director has determined that the use does not fit into an existing use class as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020 (Classification of Uses), the use or type of development may be authorized by conditional use permit until such time as this Code is amended.

.0202 If a use not expressly authorized or permitted in a particular zone (but which is authorized in another zone) which the Planning Director finds to be similar to, and compatible with, the uses permitted or conditionally permitted in the particular zone, it shall be deemed a use which may be conditionally permitted in the particular zone. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 42; September 22, 2009: Ord. 6169 § 8; April 27, 2010: Ord. 6432 § 38 (part); April 10, 2018.)

In approving minor conditional use permits and conditional use permits, the approval authority may establish such conditions as it may determine to be reasonably necessary to safeguard and protect the public health and safety, promote the general welfare, and ensure the development of any use authorized in accordance with approved plans, provided such conditions are reasonably related to the impacts of the use of the property for which the minor conditional use permit or conditional use permit is requested. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6432 § 38 (part); April 10, 2018.)

.010 Before the approval authority, or Planning Commission and/or City Council on appeal, may approve a minor conditional use permit or a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist:

.0101 That the proposed use is properly one for which a minor conditional use permit or a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .020 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority);

.0102 That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located;

.0103 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety;

.0104 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and

.0105 That the granting of the minor conditional use permit or conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.

.020 Modification of Development Standards in Multiple-Family Residential Zones. Before the approval authority, or Planning Commission and/or City Council on appeal, may approve a conditional use permit to modify standards pursuant to Chapter 18.06, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist:

.0201 The size and shape of the site as well as vehicular and pedestrian access are adequate in a manner not detrimental to either the particular area or health and safety;

.0202 The project complies with the General Plan and any applicable zoning or specific plan;

.0203 The project is consistent with applicable design guidelines adopted by the City; and

.0204 The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. (Ord. 5920 1 (part); June 8, 2004: Ord. 6432 § 38 (part); April 10, 2018: Ord. 6555 § 66; April 4, 2023: Ord. 6620 § 60; January 13, 2026.)

The procedures for processing a minor conditional use permit and a conditional use permit are those set forth in Chapter 18.60 (Procedures). (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6432 § 38 (part); April 10, 2018.)