Chapter 10.84 — CONDITIONAL USE PERMITS AND MINOR USE PERMITS

• A. Purpose. The purpose of a Conditional Use Permit or Minor Use Permit is to provide sufficient flexibility in the use regulations in order to further the objectives of this Zoning Code.

B. Process for Reviewing Uses. A Conditional Use Permit or Minor Use Permit provides a process for reviewing uses that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

C. Special Consideration. Certain types of land uses require special consideration in a particular zone or in the City as a whole because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable. (Ord. 935 § 3 (part), 2015)

A Conditional Use Permit or Minor Use Permit is required to authorize proposed land uses identified by Article 2 (Zones, Allowable Uses, and Development and Design Standards) as being allowable in the applicable zone subject to the approval of a Conditional Use Permit or Minor Use Permit. (Ord. 935 § 3 (part), 2015)

• A. Conditional Use Permits. Conditional Use Permits shall be approved, denied, or modified by the Commission. B. Minor Use Permits.

1. Minor Use Permits shall be approved, denied, or modified by the Director.

2. The Director may choose to refer any Minor Use Permit application to the Commission for review and final decision. (Ord. 935 § 3 (part), 2015)

An application for a Conditional Use Permit and/or Minor Use Permit shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Conditional Use Permit or Minor Use Permit applications, as applicable, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.84.060 (Findings and Decision), below. (Ord. 935 § 3 (part), 2015)

Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code.

• A. Conditional Use Permits.

1. The Commission shall conduct a public hearing on an application for a Conditional Use Permit before a decision on the application.

2. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings).

• B. Minor Use Permits.

1. The Director shall conduct a public hearing on an application for a Minor Use Permit before a decision on the application.

2. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings). However, use of a 300-foot radius shall be used for noticing purposes.

• C. Appeals. The applicable review authority’s decision is appealable in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

• A. Review Authority’s Action. An application for a Conditional Use Permit or Minor Use Permit may be approved, approved in modified form, conditionally approved, or denied by the review authority.

• B. Required Findings. The review authority may approve a Conditional Use Permit or Minor Use Permit only after first making all of the following findings:

1. The proposed use is consistent with the General Plan and any applicable specific plan;

2. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Zoning Code and the Municipal Code;

3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;

4. The site is physically suitable in terms of:

• a. Its design, location, shape, size, and operating characteristics of the proposed use;

• b. The provision of public and emergency vehicle (e.g., fire and medical) access;

• c. Public protection services (e.g., fire protection, police protection, etc.); and

• d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).

5. The type, density, and intensity of use being proposed will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located.

• C. Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

In approving a Conditional Use Permit or Minor Use Permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 10.84.060 (Findings and Decision), above. (Ord. 935 § 3 (part), 2015)

Permits or approvals shall not be issued for any use proposed in an application for a Conditional Use Permit or Minor Use Permit until and unless the same shall have become final, in compliance with Section 10.102.030 (Effective Dates of Permits). (Ord. 935 § 3 (part), 2015)

An approved Conditional Use Permit or Minor Use Permit may be modified in compliance with Section 10.102.090 (Changes to an Approved Project). (Ord. 935 § 3 (part), 2015)

The City may conduct a periodic review of the permit to ensure proper compliance with this Zoning Code and any developmental or operational conditions imposed by the review authority. (Ord. 935 § 3 (part), 2015)

A Conditional Use Permit or Minor Use Permit approved in compliance with the provisions of this Chapter shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter. (Ord. 935 § 3 (part), 2015)

The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Conditional Use Permit or Minor Use Permit application. (Ord. 935 § 3 (part), 2015)