§ 17.52

A.

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.

B.

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 any negative or undesirable impacts which it may cause. Limits which the Planning Commission might want to impose, could include restrictions on the hours of business operation; restrictions on the number of clients or patients which the business may service at any one time; increased visual and sound barriers; improved technologies or equipment which lessen any noise, light or odor emitted by the business or other use; as well as any other conditions which could help make the use more compatible with the neighborhood in which it is proposed to be located.

(Zoning Ord. dated 1/31/06, § 9113.01.)

An application for a Conditional Use Permit shall be filed in a manner consistent with the requirements contained in Chapter 17.48 of this Zoning Ordinance, Applications and Fees.

(Zoning Ord. dated 1/31/06, § 9113.02.)

Each Conditional Use Permit application shall be analyzed to assure that the application is consistent with the intent and purpose of this chapter, the policies and programs of the General Plan, and the Development Standards and Guidelines of the district in which it is to be located.

(Zoning Ord. dated 1/31/06, § 9113.03.)

Upon receipt in proper form of a Conditional Use Permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter 17.68, Hearings and Appeals.

A.

Setting Hearings.

1.

There shall be a public hearing before the Planning Commission on all applications for the granting of a Conditional Use Permit.

2.

All applications for the granting of a Conditional Use Permit shall be set by the Secretary of the Planning Commission.

B.

Notices. Notice of time and place of public hearings shall be given in the following manner:

1.

Notice of any public hearing up on an application for grant of a Conditional Use Permit shall be given by at least one (1) publication in a newspaper of general circulation at least ten (10) days before the date of said hearing.

2.

Notice of public hearing to consider a Conditional Use Permit shall also be given by posting or by mailing a written notice not less than ten (10) days prior to the date of such hearing to the owners or property within a radius of three hundred (300) feet of the exterior boundaries of the property for which the CUP is to be issued, except in the R/A, R/A/H, RR, RR/H, and VLDR zones, in which case the notice shall be sent to all owners of property within a radius of 1,200 feet. Notice shall be given to and at the last known name and address of such owners as shown upon the current tax rolls of the County Assessor of the County of Riverside.

(Zoning Ord. dated 1/31/06, § 9113.04.)

After a public hearing, the Commission shall record the decision in writing the findings upon which such decision is based. The 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 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 Ordinance;

C.

The proposed use would not impair the integrity and character of the land use district in which it is to be located;

D.

The subject site is physically suitable for the type and intensity of land use being proposed;

E.

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;

F.

There will not be significant harmful effects upon environmental quality; natural resources; or neighborhood characteristics;

G.

The proposed location, size, design, and operating characteristics of the proposed use will not be detrimental to the public interests, health, safety, convenience, or welfare of the City.

(Zoning Ord. dated 1/31/06, § 9113.05.)

No permit shall 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.

(Zoning Ord. dated 1/31/06, § 9113.06.)

A Conditional use Permit shall be exercised by the commencement of construction within 2 years from the date of approval or the Conditional Use Permit shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, the Conditional Use Permit shall become null and void. Projects may be built in phases if pre-approved by the review authority.

(Zoning Ord. dated 1/31/06, § 9113.07.)

Minor modifications to an approved Conditional Use Permit may be approved be the Director, pursuant to Chapter 17.84, Minor Modifications. Any other modifications will require review by the Planning Commission.

(Zoning Ord. dated 1/31/06, § 9113.08.)

The Community Development Director may, upon an application being filed 30 days prior to expiration and for good cause, grant one time extension not to exceed 12 months. Upon granting of an extension, the Community Development Director shall ensure that the Conditional Use Permit complies with all current Ordinance provisions.

(Zoning Ord. dated 1/31/06, § 9113.09.)

A.

The Commission shall hold a public hearing to revoke or modify a Conditional Use Permit granted pursuant to the provisions of this chapter, or extended by the Community Development Director. At least ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such Conditional Use Permit was granted. Notice shall be deemed delivered 2 days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Riverside, and/or the project applicant.

B.

A Conditional Use Permit may be revoked or modified by the Commission if any one (1) of the following findings can be made:

1.

Circumstances have changed so that one or more of the findings contained in Section 17.52.050 can no longer be made;

2.

The Conditional Use Permit was obtained by misinformation, misrepresentation or fraud;

3.

The use for which Conditional Use Permit was granted has ceased or was suspended for six (6) or more consecutive calendar months.

4.

One or more of the conditions of the Conditional Use Permit have not been met;

The use is in violation of any statue, ordinance, law, or regulations.

(Zoning Ord. dated 1/31/06, § 9113.010.)

Approved Conditional Use Permits shall continue to be valid upon a change of ownership of the site, ownership of the business, ownership of the service, ownership of the use or ownership of the structure which was the subject of the permit applications, except as described above regarding terms of Revocation. A Conditional Use Permit is applicable to only the property for which the permit was issued, and cannot be transferred to another property.

(Zoning Ord. dated 1/31/06, § 9113.11.)

The developer may be required to provide performance security, bonds, indemnity or other instruments for the faithful performance of any or all conditions of approval.

(Zoning Ord. dated 1/31/06, § 9113.12.)

17.52.130 - Appeal process.

A.

Notice of the Planning Commission's decision shall be mailed to the applicant by the Director within ten (10) days following the date of the meeting at which the decision is rendered.

B.

The determination of the Planning Commission shall be final unless within fifteen (15) days following the date of the decision of the Planning Commission any aggrieved party, including any City official, shall file with the City Clerk a written and signed notice of appeal.

C.

Within forty (40) days following the filing of a written appeal, the City Council shall conduct a duly advertised public hearing on the matter, public notice for which shall be given as provided in Chapter 17.68, Hearings and Appeals.

D.

The City Council shall announce its findings and decision by formal resolution not more than forty (40) days following the hearing, and said resolution shall recite the facts and reasons which, in the opinion of the City Council, make the granting or denial of the amendment necessary to carry out the general purpose of this ordinance.

E.

The action of the City Council on the appeal shall be by a majority vote of the City Council and shall be final and conclusive.

(Zoning Ord. dated 1/31/06, § 9113.13.)

The granting of a prior Conditional Use Permit does not establish grounds for the granting of any new Conditional Use Permit, or for the modification of any existing Conditional Use Permit.

(Zoning Ord. dated 1/31/06, § 9113.14.)

Chapter 17.53 - CANNABIS CONDITIONAL USE PERMITS