La Palma Municipal Code Div. 5 Conditional Use Permits and Amendments

The purpose of this division is to provide a process for reviewing conditional use permit applications and amendments to existing permits, which are intended to allow the establishment of uses that are deemed to have special impact, uniqueness, or affect on the properties or neighborhood surrounding the subject site. The permit application process allows for the review of the location and potential impacts on the surrounding properties and community in order to ensure that the uses in each zoning district maintain the integrity of that district.

(Ord. No. 2015-01, § 3, 5-5-2015)

The approval authority designated in Section 44-485, Table IV-1 may grant approval of conditional use permits and amendments to conditional use permits.

(a) Conditional use permit, minor.

(1) Application for minor conditional use permits are limited to the following requests:

a. Alternatives to parking and loading standards.

b. Beer, wine, and liquor licenses.

c. Live entertainment uses.

d. Modifications to certain development standards as may be specified by this Code.

e. Other modifications which, in the determination of the Community Development Director, have a moderate potential for adverse impacts to the subject site and the surrounding community.

(2) Decisions on minor conditional use permit applications shall be made administratively by the Community Development Director. The director shall include a determination of findings and appropriate conditions in the decision. The basis for approval, conditional approval, or denial of a minor conditional use permit shall be as specified in Section 44-788.

(3) Subject to a determination by the Community Development Director, a minor conditional use permit may be placed on the City Council agenda for review.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2024-04, § 4, 12-10-2024)

Applications for conditional use permits and amendments to conditional use permits shall be filed in compliance with Division 1 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

Following a review of the application and a public hearing in compliance with Article IV, Division 2, the approval authority shall act to approve, approve with conditions, or disapprove the conditional use permit or amendment. The approval authority may approve a conditional use permit only if all of the following findings of fact can be made:

(1) The proposed use is conditionally allowed within the subject zoning district, would not impair the integrity and character of the district, and complies with all applicable provisions of this chapter.

(2) The proposed use is consistent with the goals, policies, general land uses, and programs of the general plan, and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations.

(3) The approval of the conditional use permit, or amendment, for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

(4) The site is suitable for the type and intensity of use or development that is proposed.

(5) The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

(6) The proposed use will not be adverse to the public health, safety, or general welfare.

(Ord. No. 2015-01, § 3, 5-5-2015)

In approving a conditional use permit or amendment, the approval authority may impose specific conditions concerning location, development, and operation relating to both on-site and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the use and development of the property conform with the site plan, architectural drawings, and statements submitted in support of the application. The approval authority may also make modifications to the proposed project that are deemed necessary to protect the public convenience, health, safety, and general welfare. In addition, conditions shall be imposed to ensure compliance with the objectives of the general plan, any applicable specific plans, this chapter, and the findings required by Section 44-851.

(Ord. No. 2015-01, § 3, 5-5-2015)

A conditional use permit may be revoked or modified in compliance with Article IV, Division 5.

(Ord. No. 2015-01, § 3, 5-5-2015)

A conditional use permit that is valid and in effect shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.

(Ord. No. 2015-01, § 3, 5-5-2015)

A conditional use permit is subject to the expiration provisions in Article IV, Division 4.

(Ord. No. 2015-01, § 3, 5-5-2015)