5100.40 Basis for Approval or Denial of a Conditional Use Permit

The Commission shall consider applications for a Conditional Use Permit and may, with such conditions as are deemed necessary, approve the use, provided the use will not jeopardize, adversely affect, endanger, or otherwise constitute a menace to the public health, safety or general

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welfare, or be materially detrimental to the property of other persons located in the vicinity of such use.

• A. In making such determination, the Commission (and City Council on appeal) shall find that the proposed use is in general accord with the following principles and standards:

1. The proposed conditional use is consistent with the General Plan.

2. The nature, condition and development of adjacent uses, buildings and structures have been considered, and the proposed conditional use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures.

3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features prescribed in this Ordinance and required by the Commission or Council in order to integrate the use with uses in the neighborhood.

• B. Conditions imposed by the Commission (and Council on appeal) for a conditional use may involve any pertinent factors affecting the establishment, operation, or maintenance of the requested use, including, but not limited to:

1. Special yards, open spaces, and buffer areas.

2. Fences and walls.

3. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards.

4. Street and highway dedications and improvements including sidewalks, curbs, and gutters.

5. Landscaping and maintenance of grounds.

6. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation.

7. Regulation of operating hours for activities affecting normal neighborhood schedules and functions.

8. Regulation of signs.

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9. A specified time period within which development must begin.

10. Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date.

11. A site plan indicating all details and data as prescribed in this ordinance subject to the provisions of Section 5100 (Site Plan Review).

12. Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in accord with all goals and policies of the General Plan which are the intents and purposes of this Ordinance.

• C. The Commission shall deny the requested Conditional Use Permit where the findings indicate that the applicant has failed to show:

1. That the requested use will not be materially detrimental to the property of other persons located in the vicinity, or a menace to the public health, safety, or general welfare; and

2. That reasonable restrictions or conditions to permit the establishment of the proposed use would prevent, detriment, or menace as indicated.