§ 17.92

(A) The conditional use permit is intended for those types of land uses which require special consideration in a particular zone or in the city as a whole due to the following factors: the size of the area needed for full development of such use; the traffic, noise, vibration, smoke, aesthetics, glare or other problems or impacts created by the use; special locational requirements for the use not related to zoning; or the effect that such uses may have on property values, health, safety and welfare in the neighborhood or in the community as a whole. It is also for uses whose approximate location is indicated on the General Plan but whose exact location and arrangement must be carefully studied. In granting the conditional use permit, granting authority may require certain safeguards and establish certain conditions to protect the health, safety or general welfare of the community.

(B) Uses existing on the effective date of the ordinance codified in this title, which are listed as permitted subject to conditional use permit in the zone in which they are located, may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit. (`78 Code, § 17.92.010.) (Ord. 2447 § 2, 2000.)

(A) General . Any use listed in Title 17 as permitted subject to a conditional use permit may be permitted pursuant to the minor or the major conditional use permit process as set forth in this chapter. If a conditionally permitted use listed in Title 17 is not identified as subject to either the minor or major conditional use permit process, such use shall be subject to the major conditional use permit process.

(B) Minor conditional use permit process . The procedures for the minor conditional use permit process, including, but not limited to, the application, public notice, hearing, granting criteria, appeal and revocation are set forth in Chapter 17.98.

(C) Major conditional use permit process . The procedures for the major conditional use permit process, including, but not limited to, the application, public notice, hearing, granting criteria, appeal and revocation are set forth in this chapter.

(`78 Code, § 17.92.020.) (Ord. 2447 § 2, 2000.)

The uses listed in the following table may be permitted pursuant to this chapter on any property in any zone in the city, subject to the minor or major conditional use permit process, as indicated in the following table.

(`78 Code, § 17.92.030.) (Ord. 2729 § 3, 2004; Ord. 2447 § 2, 2000.)

(A) Uses listed in Chapters 17.06 through 17.28, inclusive, as permitted with a conditional use permit, are subject to the minor or major conditional use permit process as indicated in the following table.

(B) Conditionally permitted uses listed in § 17.92.040(A)(1), (2), (3), (4) and (7) may be permitted only if the use is located on a site with primary access and at least one frontage on a major, secondary or fully improved collector street. For the purpose of this section, qualifying collector streets are those in which the residential lots do not take direct access from the collector street. The street classification requirements shall pertain to the entire segment until its intersection with a major, secondary or collector cross street.

(C) The conditionally permitted uses listed in division (A) of this section shall not be permitted on sites which only provide frontage on, or primary access from, local residential streets.

(D) The provisions of this section are not intended to interfere with or annul any conditional use permit issued for any use set forth in division (A) of this section that is in existence and valid on April 3, 1999; however, expansion or alteration of such existing use is subject to modification of the applicable conditional use permit. (`78 Code, § 17.92.040.) (Ord. 3186 § 7, 2014; Ord. 2510 § 5, 2001; Ord. 2447 § 2, 2000.)

Uses that may be permitted under Chapter 17.33 with a conditional use permit are subject to the minor or major conditional use permit process as indicated in the following table.

(`78 Code, § 17.92.050.) (Ord. 3186 § 8, 2014; Ord. 3054 § 1, 2010; Ord. 2856 § 4, 2006; Ord. 2510 § 6, 2001; Ord. 2447 § 2, 2000.)

Uses that may be permitted under Chapter 17.44 with a conditional use permit are subject to the major or minor conditional use permit process as indicated in the following table.

(`78 Code, § 17.92.060.) (Ord. 3186 § 9, 2014; Ord. 3055 § 1, 2010; Ord. 3017 § 1 (part), 2009; Ord. 2849 § 2, 2006; Ord. 2821 § 3, 2006; Ord. 2708 § 6, 2004; Ord. 2551 § 5, 2001; Ord. 2510 § 7, 2001; Ord. 2447 § 2, 2000.)

(A) Filing . Application for a conditional use permit shall be filed with the Secretary of the Planning Commission by the owner of the property for which the permit is sought, or by the lessee having a lease-hold interest of not less than five years exclusive of an option to renew, or by the agent of any of the foregoing duly authorized in writing. (B) Form . Applicant shall be made to the Planning Commission on forms furnished by the Planning Department and shall be complete.

(C) Site plan . A site plan of the proposed conditional use and development thereof shall be submitted as a plan of the application, and any additional and supplementary material, including but not limited to a site plan as described in Chapter 17.102, shall be submitted further upon written request therefor by the Planning Commission and/or Director of Planning and/or Director of Public Works.

(D) Addresses . A list of property owners and their addresses within a radius of 300 feet of the exterior boundary of the property shall be furnished by the Planning Department.

(E) Filing fee . When the application for a conditional use permit is filed, a uniform fee as established by the City Council resolution and any amendments thereto shall be paid for the purpose of defraying the costs incidental to the proceedings.

(F) Appeal fee . A filing fee as established by City Council resolution or any amendments thereto for an appeal to the City Council from a decision of the Planning Commission relating to an application for a conditional use permit under the provisions of this chapter must be paid to the city at the time of the filing of such appeal.

(G) Staff investigations . The Planning Department shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this title and the General Plan and shall report the finding to the Commission.

(`78 Code, § 17.92.070.)

(A) Hearing date . The hearing date shall be set by the Planning Director for not less than ten nor more than 45 days after the filing of the application with the Planning Commission.

(B) Notice . Notice of public hearing shall contain the time and place of the hearing and the location and proposed use of the subject property.

(C) Publication . Notice shall be published at least once in a newspaper of general circulation in the city not less than ten days before the hearing date.

(D) Mailing . Notice shall be mailed, postage prepaid, not less than ten days before the hearing date to owners of property within a radius of 300 feet of the exterior boundaries of the subject property.

(E) Hearing. The Commission shall, not less than ten nor more than 30 days after the publication of the legal notice of a public hearing on a conditional use permit petition, hold said public hearings. (`78 Code, § 17.92.080.) (Ord. 2107 § 1, 1992.)

(A) At the times and places so fixed and noticed the public hearing shall be conducted before the Planning Commission or before any member or members thereof designated by the Commission so to serve. The Commission may establish its own rules for the conduct of public hearings and the member of the Commission presiding at such hearings is empowered to administer oaths to any person testifying.

(B) The Commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain.

(C) A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, affidavits of posting and publication and records of action taken shall be a part of the permanent files of the case.

(`78 Code, § 17.92.090.)

Each decision by the Commission authorizing a conditional use permit must be by resolution. The Commission shall make its findings and determination within 35 days from the date of completion of hearing on such application and shall forthwith transmit copies thereof to the applicant and to the City Clerk. Upon the failure of the Commission to make a determination within the tune limit specified in this chapter, it shall lose jurisdiction and applicant may appeal to the Council as provided in this chapter.

(`78 Code, § 17.92.100.)

(A) Neither the Commission nor the Council, upon appeal or Council initiated review, may grant a conditional use permit for any use, for which a conditional use permit may be granted under any provision of this title, unless it has first found from the evidence admitted during the hearing before the Commission or Council that the proposed use at the proposed location will not be detrimental to the public health, safety, convenience and general welfare and will be in harmony with the various elements and objectives in the city’s General Plan.

(B) Prior to making such findings, the Commission and/or Council should in its deliberation consider whether the proposed use at the proposed location is detrimental to other existing and permitted uses in the general area thereof and relates properly to existing and proposed streets and highways.

(C) In granting a conditional use permit, the Planning Commission and City Council may impose such reasonable conditions as are deemed necessary and desirable to protect the public health, safety, convenience and general welfare of the city, in accordance with the intent and purpose of the city’s zoning regulations. The conditions are incorporated into this code by reference.

(D) If a conditional use permit is granted by the City Council or Planning Commission for a proposed use, the exercise of the use shall be subject to all the property development standards of the zone in which said use is permitted

by a conditional use permit, which standards may be made more restrictive by any condition imposed on the grant of said permit.

(`78 Code, § 17.92.110.) (Ord. 2107 § 2, 1992.)

(A) Effective date . No conditional use permit granted or authorized by the Commission, as provided in this chapter, shall become effective until ten days after the date of the resolution granting and authorizing said conditional use permit or until the effective date thereof as provided in the permit; provided, that the latter date is more than ten days later than the effective date of said resolution, and provided that the conditional use permit and its conditions of approval have been recorded by the Riverside County Recorder’s office.

(B) Appeal . All decisions of the Commission concerning the merits of the applications shall be final unless appealed within the time period prescribed in § 17.92.130 or unless the Council initiates a review thereof. (`78 Code, § 17.92.120.) (Ord. 2107 § 3, 1992.)

Appeal of all Commission decisions under this chapter shall be made pursuant to Chapter 17.93. (`78 Code, § 17.92.130.) (Ord. 1980 § 1, 1990; Ord. 1575 § 1, 1980.)

(A) Before any permit is approved by the Planning Commission, the Commission shall establish a time limit within which the permit must be utilized.

(B) For permits associated with tentative tract maps, the time limit shall be concurrent with the life of the tentative tract map. If the tentative tract map expires, the associated permit shall also expire. If such tentative tract map is approved as a final map, the new time limit on the associated permit shall be two years from the date of map recordation.

(C) For all other permits, a time limit of two years shall be assumed unless some other period is established by the Planning Commission at the time the permit is approved.

(D) The permit must be utilized, or if the permit involves a building, construction must be commenced and carried on diligently to completion of at least one usable unit, prior to the expiration of the time limit. If the time limit expires, any privilege, permit or variance granted shall be deemed to have lapsed.

(E) The Commission shall have the authority to extend the time limit upon a finding of unavoidable delay. Once any portion of the conditional use permit is utilized, the other conditions thereof become immediately operative and must be strictly complied with.

(`78 Code, § 17.92.140.) (Ord. 2128 § 1, 1992; Ord. 2107 § 4, 1992; Ord. 1653 § 1, 1982.)

(A) Minor revisions to a site plan approved as part of a conditional use permit may be made after review and approval by the Planning Director pursuant to the site plan review procedure, Chapter 17.102. Minor revisions are defined as revisions which in no way violate the intent or any of the standards or conditions of the permit or of the zone.

(B) Revisions other than minor revisions, as defined in division (A) of this section, made pursuant to the regular conditional use permit procedure set forth in the chapter.

(C) All copies of the approved revised site plan shall be dated and signed by the Planning Director and made a part of the record of the subject conditional use permit. One copy of the approved revised site plan shall be mailed to the applicant.

(`78 Code, § 17.92.150.)

(A) The Planning Commission, on its own motion may, and upon the direction of the Council, shall hold a hearing upon the question of the revocation of a conditional use permit granted under, or pursuant to, the provisions of this chapter.

(B) Written notice of the public hearing shall be served on the owner of the property for which such conditional use permit was granted, at least ten days before such public hearing. The notice may be served either personally or by registered mail, postage prepaid, return receipt requested.

(C) A conditional use permit, whether granted automatically for a nonconforming prior use, or pursuant to a hearing, may be revoked if the Commission and Council find:

• (1) That the use is detrimental to the public health or safety or is a nuisance;

• (2) That the conditional use permit was obtained by fraud;

• (3) The use for which the permit was granted is not being exercised;

• (4) That the use for which the permit was granted has ceased or been suspended for one year or more;

• (5) That the condition of the improvements, if any, on a property for which a nonconforming conditional use permit is operative is such that they can be used or altered so as to be used in conformity with the uses permitted in the

zone in which such property is located without impairing the constitutional rights of any person;

• (6) That a status of noncompliance exists with regard to any of its conditions.

(D) After a hearing upon the revocation of a conditional use permit, the Planning Commission shall report its findings of fact and recommendations, the Council shall determine the facts and may revoke, modify or allow to remain unchanged the conditional use permit in accordance with the Council’s final determination in such matters. (`78 Code, § 17.92.160.) (Ord. 2107 § 5, 1992.)

No person shall reapply for a similar conditional use permit on the same land, building or structure within a period of one year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

(`78 Code, § 17.92.170.)

Any conditional use permit granted prior to the effective date of the ordinance codified in this chapter shall be a conditional use permit under this title subject to all conditions imposed in such permit unless otherwise provided in this chapter. The permit may, however, be revoked or voided as provided in § 17.92.160. (`78 Code, § 17.92.180.)