Chapter 17.50 — CONDITIONAL USE PERMIT

The intent and purpose of a conditional use permit is:

• A. To ensure compatibility among existing and planned land uses in the vicinity of the proposed use;

• B. To recognize and compensate for potentially adverse impacts related to noise, smoke, dust, fumes, vibration, odors and hazards or excessive concentration of traffic that may result from the establishment of the proposed use; and

• C. To ensure that the proposed use is in the best interest of public convenience and necessity, and not contrary to the public health or welfare.

• (Ord. 4950 § 3, 2010)

No use or structure listed in this title as requiring a conditional use permit or minor conditional use permit shall be established, nor shall any building permit be issued that would facilitate the establishment of such a use or structure, until a conditional use permit or minor conditional use permit is obtained by the owner of the property or building where such a use is proposed. In

instances where the director determines that substantial research or analysis would not be required by staff to prepare the staff report and recommendation to the planning commission, the director may authorize a request for a use normally requiring a conditional use permit, to be processed as a minor conditional use permit.

(Ord. 4950 § 3, 2010)

An application for a conditional use permit may be filed with the secretary of the planning commission by the property owner of the property for which the conditional use permit is requested, or the property owner's agent.

(Ord. 4950 § 3, 2010)

Upon filing of a completed application, the secretary of the planning commission shall schedule a public hearing before the planning commission as provided in Chapter 17.25 of this title. (Ord. 4950 § 3, 2010)

The planning commission may approve, conditionally approve, or deny conditional use permits and minor conditional use permits.

(Ord. 4950 § 3, 2010)

Before any conditional use permit or minor conditional use permit may be approved, the decisionmaking body shall find that:

• A. The proposed use is consistent with applicable goals, policies, and programs of the general plan, and with any applicable specific plan;

• B. The proposed site plan and building design are consistent with all applicable use and development standards;

• C. The proposed use will be operated in a manner that is compatible with existing and planned land uses in the vicinity of the proposed use;

• D. The proposed use and project design will not be detrimental to the public health, safety, and general welfare, including, but not limited to, matters of noise, smoke, dust, fumes, vibration, odors, and hazards or excessive concentrations of traffic; and

E. The proposed use is in the best interest of public convenience and necessity. (Ord. 4950 § 3, 2010)

After close of the public hearing, the planning commission shall announce its findings by resolution. Such resolution shall approve, conditionally approve, or deny an application for a conditional use permit. Said resolution shall state the facts and findings supporting such decision. Within five of the

passage of a resolution, the secretary of the planning commission shall cause all of the following to be done on the same day:

• A. Notify the applicant of the action taken, by mailing a copy of the resulting resolution to the applicant at the address shown upon the application;

• B. File a copy of such resolution with the city clerk;

• C. Forward a copy of such resolution to the city council; and

• D. Notify the county assessor as required by California Government Code Section 65863.5 . (Ord. 4950 § 3, 2010)

The action of the planning commission shall be final and conclusive, unless appealed in accordance with the provisions of Chapter 17.30 of this title. (Ord. 4950 § 3, 2010)