Imperial County Municipal Code Ch. 3 Land Use Permit (conditional Use Permit)

The purpose of this chapter is to define and establish guidelines for the processing of a conditional use permit application.

(Prior code § 90203.00)

A "conditional use permit (CUP)" is a permit issued to a landowner allowing a particular use or activity not allowed as a matter of right within a particular zone. A conditional use permit requires the exercise of judgment and the review of factual issues to determine if the application and resulting limited entitlement will conform to the provisions of this title and is consistent with the general plan. Generally, a conditional use permit consists of a limited entitlement that requires a decision-making body to approve a use subject to conditions or disapprove a particular use, and is in the best interest of public convenience and necessity. A conditional use permit runs with the land for the period of time specified in the permit.

Conditional use permits shall be further classified and defined as follows:

A. Minor Conditional Use Permit (CUP-1). Minor conditional use permits typically allow for the following specific uses.

1. A second dwelling unit (one additional unit);

2. A domestic water well (less than 1.5 acre feet/year), upon and for the use by a single parcel, and for domestic use only;

3. A commercial water well with less than five acre feet of water use per year, and for a single commercial use;

4. A pre-school with less than twenty (20) children;

5. A day care facility with less than twenty (20) children (under the age of six years);

6. A limited care facility for the handicapped or elderly not to exceed five users;

7. Home occupations;

8. Facilities for abused men/women/children provided it does not exceed five users;

9. Temporary real estate, temporary construction and other temporary offices;

10. Limited term special events for limited use.

B. Intermediate Conditional Use Permit (CUP-2). An intermediate conditional use permit shall be a permit issued for a project whose total developed value is greater than one hundred thousand one dollars ($100,001.00), but less than one million dollars ($1,000,000.00), including land cost.

In addition, the following specific projects shall also be considered as intermediate conditional use permit.

1. Churches or other places dedicated exclusively to religious worship;

2. Educational institutions, including schools (except preschools under subsection A of this section);

3. Hospitals, sanitariums and rest homes, including limited care facilities for handicapped or elderly with a capacity in excess of five people;

4. Facilities for abused men/women/children in excess of five users;

5. Facilities owned or operated by non-profit service organizations for their own use.

C. Major Conditional Use Permit (CUP-3). A major conditional use permit shall be a permit for a project whose total developed value is greater than one million dollars ($1,000,000.00).

It further includes any project that does not fall within subsection A or B of this section.

D. Each conditional use permit listed within the specified zone indicates the level, (i.e., CUP-1 (minor); CUP-2 (intermediate) and CUP-3 (major)).

(Prior code § 90203.01)

A conditional use permit may only be processed for a use specifically identified within each zone or sub-zone, and only if the proposed use conforms to the general plan.

Where a specific use is not listed as an outright use or a use that could be allowed by the conditional use permit, within a zone, that use shall be strictly prohibited except as provided by Section 90203.10. Where a proposed use is in conflict with, or does not conform to the county's general plan, it shall be denied.

If in the determination of staff a proposed use is not consistent with the general plan, staff shall inform the applicant prior to an application being deemed complete. If the applicant withdraws the application at this point (prior to the hearing), the applicant shall be entitled to a full refund of all application fees paid to the department, less the actual cost to notice, advertise and staff costs incurred up to the time a withdrawal request is made.

If the applicant does not withdraw and the project proceeds to the commission, the applicant shall not be entitled to any refund.

(Prior code § 90203.02)

A written application (form provided by the planning and development services department) for a conditional use permit shall be filed with the planning and development services department, accompanied by all information identified under Section 90104.00, along with requisite fee(s) and any other information the department deems necessary.

(Ord. 1415 § 46, 2006)

The planning director is granted authority to investigate, consider, approve and/or deny any minor conditional use permit application. The director acting as a hearing officer shall conduct a duly noticed public hearing and consider all relevant facts, and hear all proponents and opponents. Notice for the hearing shall be provided in accordance with Section 90104.03(A).

The planning director may administratively, without holding a public hearing, forward a conditional use permit application to the planning commission for hearing.

The planning director shall not have the authority to approve or deny any intermediate or major conditional use permit.

(Prior code § 90203.04)

In order to clearly define the administrative process, the following procedures shall be followed by the department/director. This process and its time limits are only applicable to projects that are exempt from CEQA. Any project that requires compliance with CEQA will be processed within the applicable time limits provided by statute.

A. Within ten (10) working days from the receipt of an application, the department shall determine whether the application is complete or incomplete and if found incomplete or inconsistent with the general plan shall return the application to applicant.

B. The department shall within ten (10) working days after deeming the application complete issue a standardized public notice of the proposed project to all property owners as specified in Section 90104.03.

C. Within the ten (10) working days specified under subsection B of this section, the department shall consult with the applicable departments as necessary.

D. An administrative hearing shall be held within thirty (30) working days from the date the application was deemed complete. This hearing shall be open to the public.

E. At the conclusion of the hearing, the director shall approve, conditionally approve or deny the conditional use permit.

F. The director may approve a conditional use permit only if:

1. Findings can be made that the proposed project is consistent with the general plan;

2. Findings can be made that this project is consistent with this title;

3. The director of public works, the director of APCD, director of EHS, and the director of fire/OES have reviewed the proposed project and approved the project;

4. Public opposition has been considered and all impacts have been mitigated by the imposition of conditions;

5. Applicant agrees to all conditions and standards required for the project.

(Ord. 1415 § 48, 2006; prior code § 90203.05)

The planning commission shall have the authority to investigate, review, and approve or deny any conditional use permit application.

The planning commission's decision shall be final unless an appeal, (if so permitted by this title) is made to the board of supervisors and is filed with the clerk of the board within ten (10) calendar days as provided under Section 90101.10.

(Prior code § 90203.06)

The board of supervisors shall have the authority to investigate, review, and approve or deny any conditional use permit application upon appeal from the planning commission's decision provided that the appeal is filed according to Section 90101.10. The board of supervisors shall not act upon any conditional use permit that has not first been reviewed by the planning commission and/or that was appealed after the ten (10) day appeal period. The board of supervisors' decision on any conditional use permit shall be final and no reconsideration or rehearing shall be allowed unless such request meets the provisions of Section 90101.10.

(Prior code § 90203.07)

After acceptance of a completed conditional use permit application and the completion of a full staff report, the commission shall conduct a public hearing on the request. The notice and scheduling of the public hearing shall be pursuant to Section 90104.03(C).

(Prior code § 90203.08)

An application for a conditional use permit shall be reviewed, and approved, conditionally approved, or denied by the decision-making authority.

The authority may approve or conditionally approve an application only if it finds all of the following:

A. The proposed use is consistent with the goals and policies of the adopted county general plan;

B. The proposed use is consistent with the purpose of the zone or sub-zone within which the use will be located;

C. The proposed use is listed as a use within the zone or sub-zone or is found to be similar to a listed conditional use according to the procedures of Section 90203.10;

D. The proposed use meets the minimum requirements of this title applicable to the use and complies with all applicable laws, ordinances and regulations of the county of Imperial and the state of California;

E. The proposed use will not be detrimental to the health, safety, and welfare of the public or to the property and residents in the vicinity;

F. The proposed use does not violate any other law or ordinance;

G. The proposed use is not granting a special privilege.

The decision-making authority shall deny an application if it cannot make all of the above findings.

(Prior code § 90203.09)

When an applicant proposes a use that is not specifically authorized or listed as a use or conditional use in the specific zone, he or she may apply for a determination of similar use to the planning commission through the following procedure. (The planning commission shall have final authority and no appeal to the board on "similarity" shall be allowed.)

A. Filing. A request for a "similar use" determination shall be in writing to the planning and development services department and shall explain in detail the proposed use and its similarity to an existing approved use within that zone.

B. Application Hearing. A request for similar use consideration shall not be heard concurrently with the hearing for allowing the use. At a minimum, the similar use hearing by the planning commission shall occur at least one hearing prior to the hearing to allow/deny the use.

C. Similar Use Criteria. In order for the planning commission to allow a use to be a similar use it shall first make the following findings:

1. The proposed use resembles or is of the same basic nature as an identified use or a conditional use in that zone.

2. The proposed use includes activities, equipment, or materials typically employed in the identified use.

3. The proposed use has equal to or less impacts on traffic, noise, dust, odor, vibration and appearance than the identified listed use.

4. All impacts identified could and would be mitigated through conditions.

5. The similar use, if allowed in the proposed zone, will not affect the health, safety and welfare of the public or impact the property and residents in the vicinity.

D. Noncomparison of Similar Use. An application for similar use shall be a comparison of the proposed use against that of an identified listed use in the zone or sub-zone. The commission shall not compare a proposed similar use against another previously approved similar use.

E. Continued Use. Once a use has been found to be similar by the commission, it shall be listed as such by the department within the applicable zoning division of this title and may be used by other applicants.

F. CEQA Exemption. The determination of similar use shall be a ministerial action and shall not require CEQA documentation.

(Ord. 1415 § 50, 2006; prior code § 90203.10)

The conditional use permit shall contain such terms and conditions that the decision-making authority determines necessary, and/or are conditions that mitigate specific impacts, and can make the appropriate findings.

Every permit approval shall contain both standard, as well as, site specific conditions. Among the standard conditions shall be:

A. Compliance with all laws;

B. Cost to offset on-going compliance mandates;

C. Time limitations;

D. Effective date(s).

(Prior code § 90203.11)

The approved conditional use permit shall not become effective until ten (10) calendar days after the decision of the planning director or commission. Further the conditional use permit shall not be effective until applicable conditions have been met, and the conditional use permit is recorded with the county recorder, with payment of recording fees being paid by applicant. In the case of a decision by the board of supervisors there is no ten (10) day appeal.

(Prior code § 90203.12)

If the project for which a conditional use permit has been approved has not commenced, or permits for said project have not been issued, within one year from approval date the conditional use permit shall be null and void. If a conditional use permit has been unused, abandoned, discontinued, or ceased for one year, the conditional use permit shall be null and void, and be of no effect. Notice to applicant/permittee under this division will not be required or provided by department.

If an applicant cannot initiate or obtain permits for the approved use during the one year, applicant may request a one year extension from the department. The request for an extension shall be in writing and be submitted with explanation to the planning and development services department at least sixty (60) days prior to the end of the one-year period. The director shall have the authority to extend the initial start up period of a conditional use permit two times for a maximum of one year each. No extension under this section shall be extended for more than two years.

(Ord. 1415 § 52, 2006)

Every conditional use permit shall be monitored by the planning and development services department with assistance from other departments as necessary. The permittee shall be required to pay for such monitoring costs according to the "time and materials" fee schedule adopted by the board of supervisors or as otherwise provided by the terms of the conditional use permit.

Permittee shall at all times be in compliance with all of the terms and conditions of the conditional use permit. In the event noncompliance is found, the permittee shall be given notice to correct by the planning and development services department. Failure to comply shall constitute grounds for revocation.

(Ord. 1415 § 54, 2006)

All terms/conditions of approval shall be final. A request to delete, modify or change one or more condition(s) shall constitute a new application unless specifically allowed within the CUP. Such a modification only be considered at a regularly scheduled hearing of the decision-making authority.

(Prior code § 90203.15)

A conditional use permit may be suspended or revoked by the planning director, planning commission or board of supervisors for any of the following causes:

A. Any term or condition has not been complied with and the permittee has received at least one written correction order, via certified or return receipt mail or personal delivery;

B. The property or portion thereof subject to the conditional use permit is used or maintained in violation of the conditional use permit and/or any state law or ordinance of the Imperial County and/or state of California;

C. The use for which the conditional use permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

D. Changes in technology in the type or amount of development in the area, or other condition warrants a modification of the conditions of operation, or warrants the imposition of additional conditions to assure that the use remains compatible with existing and potential uses within the vicinity.

(Prior code § 90203.16)