Hesperia Municipal Code Art. III Conditional Use Permits

The purpose of a conditional use permit is to allow certain uses which have the potential to pose a land use incompatibility but contribute to orderly growth and development of the city if properly integrated into the surroundings in which they are to be located. The conditional use permit process is intended to afford an opportunity for broad public review and evaluation of these requirements and characteristics, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided in accordance with the development code.

(Ord. 192 Exh. A (§ 83.03.010), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. No person shall undertake, conduct or use, or cause to be undertaken, conducted or used, any development project which requires approval of a conditional use permit, without having first complied with the provisions of this article.

B. Uses listed as "uses permitted subject to conditional use permit" may be permitted in said zones pursuant to the provisions of this title.

C. In granting any conditional use permit, the reviewing authority shall affix those conditions which it deems necessary in order to safeguard the public health, safety and general welfare of the area.

D. Any use existing on the effective date of this article which is listed as permitted subject to a conditional use permit shall be deemed a pre-existing conditional use. Such use may continue in accordance with Section 16.12.325; provided the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any. However, any expansion, alteration, or reconstruction of a building occupied by a pre-existing conditional use shall comply with Section 16.12.330 regulating nonconforming uses, until such time that a conditional use permit is granted as provided in this title.

E. The planning commission shall review requests for conditional use permits at a public hearing, pursuant to Section 16.12.010. The DRC may approve a revised conditional use permit through the administrative hearing with notice procedure.

(Ord. 192 Exh. A (§ 83.03.020), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. Application Submittal.

1. The project applicant must be the property owner or an authorized agent of the property owner.

2. The applicant shall prepare a comprehensive site plan, floor plan and other information deemed necessary as well as complete the required application forms supplied by the city. The applicant shall file the plans and application with the planning division, along with the required fee as adopted by the city council. Information requested on the application form and other processing requirements, including but not limited to the number of copies requested, maps, graphics or informational reports and studies, shall be filed in accordance with Section 16.12.090.

3. The applicant may be required to clarify, correct or supply additional information before the application is determined by the department to be complete. The department shall not accept a conditional use permit for filing if the application does not conform to the standards as prescribed in this section. Upon making the determination that the application conforms to these standards, the department will notify the applicant in writing that the application has been accepted pursuant to Section 16.12.025

B. Site Plan. The application shall be accompanied by the required number of site plan maps, drawn at a minimum scale of one inch equals twenty (20) feet, or other scale approved by the planning department, on standard sheets of twenty-four (24) inches by thirty-six (36) inches. The site plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information which can be graphically depicted on the plan, as specified in the checklist provided by the planning department.

C. Drawings and Elevations. Elevations showing the general appearance and features of proposed structures shall be submitted, as required on the application checklist. When required by the planning agency, drawings and elevations shall be submitted in addition to those accompanying the site plan, which shall include but not be limited to the following:

1. Roof overhangs and any other parts of the structures that protrude from the building surfaces;

2. Uses of each room or floor plans if required.

(Ord. 192 Exh. A (§ 83.03.030), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. Conditional use permit approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use has not been abandoned for over one year, regardless of changes in ownership.

B. A conditional use permit shall be granted for a period to be specified by the planning commission, not to exceed thirty-six (36) months from the effective date of the decision; extensions of time to complete compliance with conditions of approval may be granted where warranted, pursuant to Section 16.12.060. Conditional use permits for residential projects are not eligible for extensions of time.

C. The following requirements may be placed upon the development project by the reviewing authority as conditions of approval:

1. Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties;

2. On and off-site improvements, including but not limited to the following:

a. Grading, drainage and drainage structures necessary to protect the public safety,

b. Curbs and gutters, street pavement, sidewalks, and traffic control devices; all road improvements are to be constructed pursuant to plans and specifications of the public works department of the city,

c. Adequate water service and fire protection equipment is provided, pursuant to plans and specifications of the public works department and the county fire department,

d. Sanitary sewer facilities and connections,

e. Services from public militias where provided,

f. Street trees,

g. Landscaping, walls and/or fences, trash enclosures, and lighting fixtures,

h. Street lights and street name signs,

i. Surfacing of parking areas subject to city specifications,

j. In addition to the above requirements, the reviewing authority shall require such additional improvements and facilities as determined necessary for the proper development of the site and area;

3. Regulation of uses and operations on the site, including but not limited to the following:

a. Regulation of uses,

b. Regulation of time for certain activities,

c. Duration of uses,

d. Regulation of noise, vibration, odors and lights,

e. Maintenance of special yards, spaces and buffer areas,

f. Regulation of points of vehicular ingress and egress,

g. Regulation of signs,

h. Required landscaping and site maintenance,

i. Such other conditions as will make possible the development and use of the site and surrounding area in an orderly and efficient manner, and in conformity with the intent and purpose of this chapter.

(Ord. 192 Exh. A (§ 83.03.040), 1994)

(Ord. No. 2009-08, § 3(Exh. A), 10-20-09; Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2020-10, § 2, 11-3-20)

The approval authority will determine the merits of the proposed conditional use permit, and its compliance with the principles, standards, policies and goals of the general plan, development code and other applicable codes and ordinances adopted by the city, in order to protect the public health, safety and general welfare. Approval shall be based upon the following minimum criteria, which shall also constitute the findings to be made by the approval authority in approving or denying a conditional use permit:

A. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking areas, fire and building code considerations, and other features pertaining to the application;

B. The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof, and will not generate excessive noise, vibration, traffic or other disturbances, nuisances or hazards;

C. The proposed use is consistent with the goals, policies, standards and maps of the development code, general plan and other applicable codes and ordinances adopted by the city;

D. The site for the proposed use has adequate access, meaning that the site design incorporates street and highway limitations.

(Ord. 192 Exh. A (§ 83.03.050), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

Revisions or modifications of conditional use permits can be requested by the applicant.

A. Revisions/Modifications by Applicant.

1. A CUP application shall be approved for the establishment or expansion of alcohol uses, as specified in Section 16.16.320 of the Development Code. Such request shall be processed as a new conditional use permit, pursuant to the provisions contained in this section, and is subject to the applicable fees.

2. Revised CUP. A major revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensification, location or hours of operation, may be requested by the applicant. Such request shall be processed through application of a new conditional use permit, pursuant to Section 16.12.005(A)(2). The applicant shall supply necessary information as determined by the city, to indicate reasons for the requested change.

3. Minor Revisions. A revisions or modification to an approved conditional use permit such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site, may be acted on by the reviewing authority through the administrative review without notice procedure, by applying for a letter of substantial conformance or site plan review without application, pursuant to Section 16.12.005(A)(3). The applicant shall supply necessary information as determined by the planning division to indicate reasons for the revisions and/or modifications.

B. Review by Planning Commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval and in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.

C. Modification or Revocation by the Planning Commission.

1. After setting a date for public hearing, the review authority shall notify the applicant and owners of the subject property in question. Such notice shall be sent by mail and shall state that the commission will be reviewing the conditional use permit for possible modification or revocation. It shall also state the date, time and place of the hearing. The public hearing shall be conducted and notice given in accordance with Section 16.12.005(A)(1).

2. The planning division shall fully investigate the evidence and prepare a report for the commission's consideration. Upon conclusion of the public hearing, the commission shall render a decision to do one of the following measures:

a. Find that the conditional use permit is being conducted in an appropriate manner and that no action to modify or revoke is necessary; or

b. Find that the conditional use permit is not being conducted in an appropriate manner and that modifications to conditions are necessary; or

c. Find that the conditional use permit is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts. Upon revocation, the use shall cease and desist in the time allotted by the commission.

3. If the planning commission either modifies or revokes a conditional use permit, then it shall state the reasons for such action within the resolution.

D. New Applications Following Denial or Revocation. Following the denial or revocation of a conditional use permit application, an application for a conditional use permit for the same or substantially the same use cannot be filed within one year from the date of denial or revocation.

(Ord. 192 Exh. A (§ 83.03.060), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)