§ 9172.21. Administrative/Quasi-Judicial - Conditional Use Permit. — Carson Zoning Code

A Conditional Use Permit shall be considered in accordance with the following procedure: (California Government Code Sections 65900 through 65909 .)

A. Initiation. Consideration shall be initiated upon the filing of an application by the owner of the subject property or his authorized representative in accordance with CMC § 9173.1 .
B. Hearing and Time Limit. The Commission shall hold a public hearing within six (6) months of the date of acceptance of the application.
C. Commission Hearing Notice. Notice of hearing shall be given pursuant to CMC § 9173.22 (Notification of Hearing) by posting and by notice through the United States mails to the applicant, to the owners of property within seven hundred fifty (750) feet, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.
D. Commission Findings and Decision.

After the hearing, the Commission shall, by resolution, render its decision. The Commission shall approve a Conditional Use Permit if it is able to make affirmative findings based on the following criteria:
- a. The proposed use and development will be consistent with the General Plan.
- b. The site is adequate in size, shape, topography, location, utilities, and other factors to accommodate the proposed use and development.
- c. There will be adequate street access and traffic capacity.
- d. There will be adequate water supply for fire protection.
- e. The proposed use and development will be compatible with the intended character of the area.
- f. Such other criteria as are specified for the particular use in other Sections of this Chapter.

If the Commission finds that any adverse effects will occur as a result of the proposed use and development, such effects must be found to be justified by the benefits to the public interest which will occur as a result of such use and development.

If the Commission does not make affirmative findings with respect to the above criteria and is unable to impose conditions to mitigate any adverse finding, the Commission shall disapprove a Conditional Use Permit.

In making its decision, the Commission shall adopt written findings with respect to the above criteria.

Notice of the Commission decision shall be given as provided in CMC § 9173.32 .

E. Conditions. In granting a Conditional Use Permit, conditions related to the proposed use and development may be imposed as deemed necessary to carry out the intent of this Chapter and to protect the public health, safety and general welfare.
F. Effective Date and Appeal.
1. The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC § 9173.4 .

An appeal shall be considered by the Council as provided in CMC § 9173.4 .

G. Subsequent Modification of Conditions.
1. After a Conditional Use Permit has been granted, modification of the conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative in accordance with CMC § 9173.1 .
2. A public hearing on a proposed modification of conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the Conditional Use Permit and the conditions previously adopted, a public hearing shall be held.
3. The decision and any appeal in connection with a modification of conditions shall be in the same manner as for a Conditional Use Permit.
H. Expiration of Permit.
1. Expiration. A Conditional Use Permit shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (H)(2) of

this Section, if any of the following occurs:

a. Unused Permit. The permit has not been used within the time specified in the permit or, if no time is specified, within one hundred eighty (180) days of its effective date.
b. Time Limit as a Condition of Permit. Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.
c. Discontinued Use. The use has been suspended or has ceased to exist for a period of one (1) year.
d. Automatically Permitted Use. Upon a change of zoning classification or of ordinance provisions so as to automatically permit the use. Each nonconformity, if any, existing at the time of expiration of a Conditional Use Permit pursuant to this Subparagraph shall be brought into conformance pursuant to Division 2 of Part 8 of this Chapter.
e. Ineligible Use. Upon a change of zone or of ordinance provisions so as to no longer provide that the use is eligible for a Conditional Use Permit. Termination of the use and each nonconformity thereof shall be in accordance with Division 2 of Part 8 of this Chapter.

If none of the above circumstances transpires, the Conditional Use Permit shall remain in effect indefinitely.

Extension. Upon application by the permit holder filed with the Director on or before the date of expiration of the permit, a permit which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds that the termination of the permit would constitute an undue hardship upon the permit holder and that the continuation of the permit would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as for the issuance of a new permit.

(Ord. 19-1904 § 4)