§ 19.114

Approval of a Conditional Use Permit or Minor Use Permit, as applicable, is required to authorize proposed land uses specified by Article 2 (Zones, Allowable Uses, and Development Standards) as being allowable in the applicable zone when subject to the approval of a Conditional Use Permit or Minor Use Permit.

An application for a Conditional Use Permit or Minor Use Permit shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Conditional Use Permit and Minor Use Permit

applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.114.050 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.

A.

Conditional use permits.

1.

The Commission shall conduct a public hearing on an application for a Conditional Use Permit before making a decision on the application.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

3.

The Commission's decision is appealable to the Council in compliance with Chapter 19.144 (Appeals).

B.

Minor use permits. Before a decision on a Minor Use Permit is made, the City shall provide notice in compliance with Chapter 19.146 (Public Notices and Hearings), and as follows.

Notice.

a.

The notice shall state that the Director will decide whether to approve, conditionally approve, or deny the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

b.

Any written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings specified in Section 19.114.050 [Findings and Decision], below).

c.

If the Director determines that the evidence has merit and can be properly addressed by a condition(s) added to the Minor Use Permit approval, the Director may consider the permit in compliance with Subparagraph 2.b., below.

2.

Hearing.

a.

If a public hearing is requested and the provisions of Subparagraph B.1.c., above, do not apply, a hearing before the Director shall be scheduled, noticed, and conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

b.

If no public hearing is requested, the Director shall render a decision on the date specified in the notice referred to in Subparagraph B.1.a., above.

3.

Appeals. The Director's decision is appealable to the Commission in compliance with Chapter 19.144 (Appeals).

A.

Review authority.

Conditional use permits. Conditional Use Permits shall be approved, conditionally approved, or denied by the Commission.

2.

Minor use permits.

a.

Minor Use Permits shall be approved, conditionally approved, or denied by the Director.

b.

The Director may choose to refer any Minor Use Permit application to the Commission for review and final decision.

B.

Required findings. The review authority may approve, conditionally approve, or deny a Conditional Use Permit or Minor Use Permit only after first making all of the following findings:

1.

The proposed use is consistent with the General Plan;

2.

The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Development Code and the Municipal Code;

3.

The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;

4.

Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; and

5.

The subject site is:

a.

Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and

b.

Served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.

In approving a Conditional Use Permit or Minor Use Permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 19.114.050 (Findings and Decision), above.

19.114.070 - Permit to run with the land.

A.

A Conditional Use Permit or Minor Use Permit approved in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter, except as specified in Subparagraph B., below.

B.

Any Conditional Use Permit or Minor Use Permit that is not actively exercised for a continuous period of 12 months shall become invalid.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Conditional Use Permit or Minor Use Permit application.

Chapter 19.118 - PLANNED DEVELOPMENT PERMITS

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