Fowler Municipal Code Ch. 9.35 Conditional Use Permit

This Chapter establishes procedures for the administrative review and approval of certain conditionally permitted uses that are considered minor in nature allowing the City to confirm compliance with all applicable local standards, ordinances, and other applicable plans and policies and maintain the discretion to apply additional discretionary conditions of approval, as needed, to ensure that uses are designed, located, and operated in a manner that is compatible with uses on adjacent and nearby properties.

This Chapter also establishes procedures for the review and approval of certain conditionally permitted uses that may be considered to have a potentially greater impact on surrounding properties and require additional review. Such conditional uses typically have operating characteristics requiring special consideration, which may necessitate discretionary conditions of approval to ensure uses are designed, located, and operated in a manner that is compatible with uses on adjacent and nearby properties.

A. Minor Conditional Use Permit Required. A Minor Conditional Use Permit is required prior to establishment of any conditional use as indicated with a "Minor C" on the allowed use tables contained in Chapter 9.120 (Residential Zones) through Chapter 9.145 (Overlay Zones) and uses specifically requiring a Minor Conditional Use Permit by the provisions of this Title.

B. Major Conditional Use Permit Required. A Major Conditional Use Permit is required prior to establishment of any conditional use as indicated with a "Major C" on the allowed use tables contained in Chapter 9.120 (Residential Zones) through Chapter 9.145 (Overlay Zones) and uses specifically requiring a Major Conditional use Permit by the provisions of this Title.

C. Exemptions. Uses specifically exempt from the requirements for obtaining a Minor Conditional Use Permit or a Major Conditional Use Permit in accordance with this Title.

D. Use to Run with Land. Conditional uses approved in accordance with this Title shall run with the land and are not transferrable to different properties without obtaining a new Conditional Use Permit.

A. Application Filing and Processing. Applications for a Minor Conditional Use Permit or a Major Conditional Use Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C. Additional Applications and Fees May Be Required. When a conditional use is proposed in association with the physical development of a property, a separate application for a Ministerial Plan Review or Site Plan Review, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Section 9.30.080, Subsection (C) (Multiple Entitlements).

A. Minor Conditional Use Permit. Applications for a Minor Conditional Use Permit shall be reviewed and approved by the Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny applications for a Minor Conditional Use Permit.

B. Major Conditional Use Permit. Applications for a Major Conditional Use Permit shall be reviewed and approved by the designated approving authority as follows:

1. Recommending authority. The Director shall review and make recommendations to the designated approving authority to approve, conditionally approve, or deny applications for a Major Conditional Use Permit.

2. Approving authority. The Planning Commission is authorized to approve, conditionally approve, or deny an application for a Major Conditional Use Permit.

A. Minor Conditional Use Permit. A Director hearing is required prior to taking action on an application for a Minor Conditional Use Permit. Director hearings shall be set and noticed in accordance with Section 9.30.070 (Public Hearing and Notice).

B. Major Conditional Use Permit. A public hearing is required prior to taking action on an application for a Major Conditional Use Permit. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Minor Conditional Use Permit or Major Conditional Use Permit, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

A. Requirements for special building setbacks, open spaces, buffers, fences, walls, and screening.

B. Requirements for installation and maintenance of landscaping.

C. Requirements for street and other infrastructure improvements and related dedications.

D. Regulation of vehicular ingress, egress, and traffic circulation.

E. Regulation of hours of operation or other characteristics of operation including noise, vibration, and odors.

F. Requirements for surfaced parking areas subject to specifications.

G. Requirements for security.

H. Requirements for periodic review.

I. Requirements for special building design and features to enhance aesthetics and integrate the use into the community.

J. Time period within which the proposed use shall be developed.

K. Other conditions as may be deemed necessary to make the findings required by this Chapter.

Prior to approving an application for a Minor Conditional Use Permit or an application for a Major Conditional Use Permit, the approving authority shall make all the following findings:

A. That the proposed design and location of the conditional use is consistent with the adopted General Plan and any applicable Specific Plan.

B. That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this Title.

C. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use, consistent with the mobility goals of the City.

D. That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof.

E. That the conditions of approval stated in the resolution are deemed necessary to protect the public health, safety, and general welfare.

A. Minor Conditional Use Permit. A written Notice of Decision for a Minor Conditional Use Permit shall be provided within three (3) business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

1. The application request as acted upon by the Director or Planning Commission, as applicable.

2. The action taken by the Director or Planning Commission, as applicable.

3. Findings as listed for the permit.

4. The deadlines, criteria, and fees for filing an appeal.

B. Major Conditional Use Permit. Written Notice of Decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

Minor Conditional Use Permits and Major Conditional Use Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Minor Conditional Use Permits and Major Conditional Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

A. Expiration. Minor Conditional Use Permits and Major Conditional Use Permits shall expire two (2) years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

B. Exceptions. A Minor Conditional Use Permit or a Major Conditional Use Permit may be valid for a longer period if specified by the approving authority at the time of approval.

Minor Conditional Use Permits and Major Conditional Use Permits may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

Amendments to an approved Minor Conditional Use Permit or an approved Major Conditional Use Permit shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits).