Rancho Palos Verdes Municipal Code Ch. 17.60 Conditional Use Permits

The conditional use permit procedure provides for uses that are:

A. Necessary or desirable for the development of the community or region but cannot readily be classified as permitted uses in individual zoning districts by reason of uniqueness of size, scope or possible effect on public facilities or surrounding uses;

B. Appropriate as accessories to the development of neighborhoods or the city; or

C. Appropriate uses in the zoning districts in which they are listed as permitted subject to a conditional use permit but requiring specific consideration of the proposed use or development.

(Code 1981, § 17.60.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A. The application for a conditional use permit shall be filed on forms provided by the city. A person may not file, and the director shall not accept, an application which is the same as, or substantially the same as, an application upon which final action has been taken by the director, by the planning commission, or by the city council within 12 months prior to the date of said application, unless accepted by motion of the planning commission or city council, or the previous application is denied without prejudice by the planning commission or city council.

B. An application shall contain full and complete information pertaining to the request.

C. The director or the planning commission shall investigate the facts bearing on each case to provide information necessary to ensure action consistent with the intent and purposes of this title.

D. In cases where the director considers the conditions set forth on the application not within the scope of the conditional use permit procedure, the applicant shall be so informed. Whereupon, if the application is filed, it shall be signed by the applicant to the effect that they were so informed. Filing of an application does not constitute an indication of approval.

E. In no event shall the acceptance of an application by the city be construed as support for, or the eventual approval of, the proposed use.

F. For multifamily residential and nonresidential development applications, a temporary framework silhouette of the proposed project shall be required to be constructed as part of an application. Said application will not be deemed complete until the applicant has submitted a signed statement agreeing to construct said silhouette when directed to do so by the director some time prior to the public hearing on the application. The silhouette shall be constructed in accordance with the guidelines established by the city council for nonresidential construction projects.

(Code 1981, § 17.60.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 340, § 8(part), 1998; Ord. No. 463, § 9, 2007)

The filing fee for a conditional use permit shall be as established by resolution of the city council.

(Code 1981, § 17.60.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A. The public hearing notice shall be published in a newspaper of general circulation and given to owners of property located within 500 feet of the project, to all persons requesting notice, to any affected homeowner's associations, and the applicant pursuant to section 17.80.090 (Notice of Hearing) of this title.

B. Conditional use permit amendment applications shall require a public hearing and notice similar to an initial conditional use permit application. However, conditional use permit amendment applications for master television antennas in multiple-family developments, including residential planned developments, do not require a public hearing.

C. Not more than 40 days following said hearing, the planning commission shall announce its findings, as per section 17.60.050 (Findings and Conditions) of this chapter, by formal resolution. The resolution shall recite the findings of the planning commission and set forth the conditions deemed necessary to protect the health, safety and welfare of persons residing in the neighborhood and in the community as a whole.

(Code 1981, § 17.60.040; Ord. No. 78(part), 1975; Ord. No. 90, § 6(part), 1977; Ord. No. 166, § 11, 1983; Ord. No. 320, § 7(part), 1997)

A. The planning commission, may grant a conditional use permit, only if it finds:

1. That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood;

2. That the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use;

3. That, in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof;

4. That the proposed use is not contrary to the general plan;

5. That, if the site of the proposed use is within any of the overlay control districts established by chapter 17.40 (Overlay Control Districts) of this title, the proposed use complies with all applicable requirements of that chapter; and

6. That conditions regarding any of the requirements listed in this subsection, which the planning commission finds to be necessary to protect the health, safety and general welfare, have been imposed:

a. Setbacks and buffers;

b. Fences or walls;

c. Lighting;

d. Vehicular ingress and egress;

e. Noise, vibration, odors and similar emissions;

f. Landscaping;

g. Maintenance of structures, grounds or signs;

h. Service roads or alleys; and

i. Such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

B. Conditional use permits may be granted for such period of time and upon such conditions and limitations as may be required to protect the health, safety and general welfare. Such conditions shall take precedence over development standards otherwise required by the underlying zoning of the subject site.

C. For multiple use developments under a conditional use permit, where the uses permitted in the development are specified in the conditional use permit resolution, the uses permitted in the zoning district shall not apply unless such uses are among those permitted by the conditional use permit.

D. When warranted, the planning commission or city council may add conditions requiring compliance review or updating of maintenance, development plans and activities. Such compliance reviews or updates shall be conducted by the final deciding body of a conditional use permit, unless expressly stated in the adopted conditions of approval. The submittal of a fee, as established by resolution of the city council, shall be required for processing such compliance reviews or updates.

F. When required, the findings, recommendations and notices thereof shall be filed in conformity with the provisions set forth in this section (Findings and Conditions).

(Code 1981, § 17.60.050; Ord. No. 78(part), 1975; Ord. No. 259, § 2, 1990; Ord. No. 320, § 7(part), 1997; Ord. No. 606, § 2, 5-1-2018)

Any interested person may appeal any decision of the planning commission or any condition imposed by the planning commission pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.60.060; Ord. No. 78(part), 1975; Ord. No. 90, § 6(part), 1977; Ord. No. 320, § 7(part), 1997)

Before approving any conditional use permit, the planning commission shall establish a time limit within which the applicant shall "commence upon the permitted use," as that phrase is defined in section 17.86.070 (Enforcement) of this title. The time limit shall be a reasonable time based on the size and nature of the proposed development. If no date is specified by the planning commission or city council, a conditional use permit shall be valid for one year from the date of final action on the permit or approval. All such permits shall be null and void after that time unless the applicant has commenced upon the permitted use, as that phrase is defined in section 17.86.070 (Expiration of Permit Upon Nonuse) of this title. Upon a showing of substantial hardship, delays beyond the control of the applicant, or other good cause, the planning commission or city council may extend this period one time for up to one additional year.

(Code 1981, § 17.60.070; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

If the time limit expires and no extension has been granted, or if any of the conditions to the use or development are not maintained, then the conditional use permit shall be null and void. Continued operation of a use requiring a conditional use permit after such conditional use permit expires or is found in noncompliance with any condition of a conditional use permit shall constitute a violation of this title.

(Code 1981, § 17.60.080; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

An amendment to an approved conditional use permit may be initiated by the city or by the property owner pursuant to section 17.78.040 (Amendments to Approved Applications) of this title.

(Code 1981, § 17.60.090; Ord. No. 320, § 7(part), 1997)

A conditional use permit granted pursuant to this section may be modified, revoked or suspended pursuant to section 17.86.060 (Suspension or Revocation of Permits) of this Code.

(Code 1981, § 17.60.100; Ord. No. 320, § 7(part), 1997)