Coalinga Municipal Code Art. 5 Conditional Use Permits

This chapter describes the process and general requirements applicable to those uses for which a Conditional Use Permit is required. These uses 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. The process for review of Conditional Use Permit applications is designed to evaluate possible adverse impacts and to minimize them where possible through the imposition of specific conditions.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Conditional Use Permit approval is required for uses or developments specifically identified in the Base Districts and Overlay Districts of this title or any other section of this title which requires a Conditional Use Permit.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Application. Written applications for Conditional Use Permits shall be filed with the Community Development Director in accordance with Chapter 6, Article 1.110, Application Review.

(b) Public hearing. After determining that an application is complete, a public hearing will be scheduled before the Planning Commission. Notice shall be provided in compliance with the requirements in Section 9-6.111, Public Notification, of this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) A Conditional Use Permit shall only be granted if the Planning Commission determines that the project as submitted or as modified conforms to all of the following criteria. If the Planning Commission determines that it is not possible to make all of the required findings, the application shall be denied. The specific basis for denial shall be established for the record. Extension applications for Conditional Use Permits shall be reviewed administratively in accordance with these findings.

(1) General Plan consistency. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted;

(2) Neighborhood compatibility. The location, size, design, bulk, coverage, density, traffic generation and operating characteristics of the proposed project are consistent with the purposes of the district where it is located, and will not have an adverse effect on the neighborhood and surrounding properties;

(3) Asset for the neighborhood. The nature, use and architectural/design features of the proposed development make it attractive, functional and convenient. The proposed development enhances the successful operation of the surrounding area in its basic community functions, or provides an essential service to the community or region.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

All applicants shall pay all applicable fees.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) In approving a Conditional Use Permit, the Planning Commission may impose conditions reasonably related to the application and deemed necessary to:

(1) Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;

(2) Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;

(3) Protect the public health, safety, and general welfare;

(4) Ensure operation and maintenance of the use in a manner compatible with existing and potential uses in the surrounding area;

(5) Achieve the findings for a Conditional Use Permit listed in (d) above; or

(6) Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

(b) The Planning Commission may approve a Conditional Use Permit for a specific length of time, such as five (5) years or ten (10) years.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Decision. The decision of the Planning Commission shall be final, unless appealed to the City Council as provided in Section 9-6.115, Appeals, of this chapter. The City Clerk shall cause a copy of its resolution to be mailed to the applicant within ten (10) days from the date of adoption.

(b) Expiration, extension, modifications, and revocations. Conditional Use Permits are immediately effective. If a time limit for development is established, the Conditional Use Permit will be considered void unless extended or modified per Section 9-6.114, Effective Dates, Expiration, Extensions, Modifications, and Revocation of Appeals, of this chapter.

(c) Abandonment. If a property or a portion of a property that received a Conditional Use Permit is abandoned or vacated for more than six (6) months, a new Conditional Use Permit shall be required for the same conditional use to be reinstated,

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)