Ridgecrest Municipal Code § 106-132 Conditional use permit revocable

In certain districts, as specified in this chapter, conditional uses may be authorized by the granting of a use permit. Because of their special characteristics, conditional uses require extraordinary consideration to minimize possible adverse impact upon surrounding properties. In order to give the district flexible use regulations that are necessary to achieve the objectives of this chapter, the planning commission is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

(Code 1980, § 20-21.1; Ord. No. 84-08, A 21, § 2101)

The planning commission may grant or deny use permits for conditional uses in such districts as are prescribed in the regulations for each district in this chapter with the procedures prescribed in this division.

(Code 1980, § 20-21.2; Ord. No. 84-08, A 21, § 2102)

Application for a use permit shall be made to the secretary of the planning commission on a form prescribed by the commission which shall include the following data:

(1) Name, address and signature of the property owner.

(2) Statement that the applicant is the owner of the property or is the authorized agent of the owner.

(3) Address and legal description of the property.

(4) A concise statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with all data pertinent to the findings prerequisite to the granting of a use permit.

(5) The complete application, together with the information that may be required by the planning commission to make the necessary findings, shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application as prescribed in this division. If the application is incomplete, the application shall be returned to the applicant.

(6) In the event that an application for a conditional use permit requires the concurrent approval of other development plans, the plans shall be processed in accordance with other requirements as set forth in this Code.

(Code 1980, § 20-21.3; Ord. No. 84-08, A 21, § 2103)

(a) The planning commission shall hold a public hearing on each application for a conditional use permit. Notice of the public hearing shall be given by the secretary of the commission as follows:

(1) Notice shall be mailed or delivered to the owner of the property or the owner's duly authorized agent and to the project applicant;

(2) Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

(3) Notice shall be mailed or delivered to all owners of real property shown on the last equalized assessment rolls within 300 feet of the subject property; and

(4) The notice shall either be published once in a newspaper of general circulation within the city or posted in at least three public places in the city including one public place in the area directly affected by the proceeding.

a. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

b. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

c. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the planning commission may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection c or subsection (a)(4)a of this section is greater than 1,000, the planning commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

d. If the notice is mailed or delivered pursuant to subsection (a)(4) of this section, the notice shall also either be:

1. Published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city.

2. Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

(b) The notice shall include the information specified in Government Code § 65094.

(c) In addition to the notice required by this section, the planning commission may give notice of the hearing in any other manner it deems necessary or desirable.

(d) Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

(Code 1980, § 20-21.4; Ord. No. 84-08, A 21, § 2104; Ord. No. 85-20, § 4)

State Law reference— Similar provisions, Government Code §§ 65091, 65905.

At the public hearing, the planning commission shall review the application and the statement and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in section 106-131.

(Code 1980, § 20-21.5; Ord. No. 84-08, A 21, § 2105)

The secretary of the planning commission shall make an investigation of the application as to its compliance with section 106-127 and shall prepare a report thereon which shall be submitted to the planning commission. Such report shall include a recommendation as to the action to be taken by the commission and a statement supporting such recommendation. The secretary of the planning commission shall give written notice to the applicant of the time when the application will be considered by the planning commission.

(Code 1980, § 20-21.6; Ord. No. 84-08, A 21, § 2106)

The planning commission may approve an application for a conditional use permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:

(1) That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to or inharmonious with properties or improvements in the vicinity.

(2) That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.

(3) That the proposed location of the conditional use is in accordance with the objectives of this zoning chapter and the purposes of the district in which the site is located.

(Code 1980, § 20-21.7; Ord. No. 84-08, A 21, § 2107)

A use permit may either be revocable or be approved for a limited time period, or may be approved subject to such conditions as the commission may prescribe. The commission also may deny an application for a use permit.

(Code 1980, § 20-21.8; Ord. No. 84-08, A 21, § 2108)

A use permit shall be effective five working days following the date on which the use permit is granted. The approved use permit with any conditions shown thereon or attached thereto, shall be dated and signed by the secretary to the planning commission. One copy of said use permit and conditions shall be mailed to the applicant.

(Code 1980, § 20-21.9; Ord. No. 84-08, A 21, § 2109)

(a) An applicant, the city, or any concerned property owner or resident may appeal, in writing, a decision of the planning commission if the applicant, property owner or resident is of the opinion that the commission's decision does not conform to city policies and standards. The appeal shall be accompanied by an appropriate fee as set by the city council.

(b) Such appeal of a planning commission decision must be filed within five working days following the commission decision. The secretary of the commission shall then transmit to the city clerk the use permit application and all other data filed therewith, the minutes of the public hearing, the staff report, the findings of the commission and its decision on the application.

(c) The council shall review the decision of the planning commission not sooner than 45 days nor later than 90 days after receipt of the written appeal. The record on appeal shall consist of the evidence presented to the planning commission and additional evidence the council deems relevant. The council shall affirm, reverse or modify the commission's decision or remand the matter to the commission for further proceedings. Findings shall be prepared if the council reverses or modifies the decision or affirms the decision on grounds other than those stated by the commission.

(Code 1980, § 20-21.10; Ord. No. 84-08, A 21, § 2110; Ord. No. 86-35, § 1)

Before a building permit may be issued for any building or structure proposed as part of the approved conditional use permit application, the building official shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission and/or city council. For this purpose, the applicant shall stake the property lines deemed necessary by the building official. Before a building may be occupied, the building official shall certify to the planning agency that the site has been developed in conformity with the site plan and conditions approved by the planning commission or the city council.

(Code 1980, § 20-21.11; Ord. No. 84-08, A 21, § 2111)

A use permit shall lapse and become void one year following the date on which the permit became effective unless, by conditions of the use permit, a lesser or greater time is prescribed in accordance with section 106-137, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. A use permit may be renewed for an additional period of up to one year provided that, prior to the expiration of the time period granted, an application for renewal of the use permit is filed with the planning commission. The commission may grant or deny an application for renewal of a use permit.

(Code 1980, § 20-21.12; Ord. No. 84-08, A 21, § 2112)

The planning commission may establish a lesser or greater time limit than that provided by section 106-136 within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the planning commission shall be reasonable, based on the size, nature and complexity of the proposed development.

(Code 1980, § 20-21.13; Ord. No. 84-08, A 21, § 2113)

(a) A conditional use permanently and legally established prior to enactment of this chapter shall be permitted to continue and may be either a conforming use or a nonconforming use.

(b) A conditional use permit (CUP) granted under the provisions of the county zoning ordinance and supplementary provisions thereto prior to the enactment of this chapter shall, upon the annexation of the property affected to the city, become null and void at the end of one year following the date of its original approval or extension thereof granted by the county prior to the annexation and shall thereafter be classified as a nonconforming use or be the subject of a new CUP application.

(c) A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this chapter if the structure is destroyed by fire or other calamity or by an Act of God or by public enemy to the extent of 75 percent of more. The extent of such partial destruction shall be determined by the building official.

(d) An accessory structure added to a conditional use may be administratively approved by the planning director.

(Code 1980, § 20-21.14; Ord. No. 84-08, A 21, § 2114)

Upon violation of any applicable provisions of this chapter, or failure to comply with the conditions of approval, a use permit shall be suspended. Notice of such suspension shall then be sent immediately by the secretary of the planning commission to the holder of the use permit with a copy thereof to the city council. Within 30 days of the suspension, the city council shall consider the suspension. If not satisfied that the regulations, general provisions, conditions or conditions of approval are being substantively complied with, the city council shall revoke the use permit and take such appropriate action as may be necessary to ensure compliance with the regulations, general provisions and conditions of approval. The secretary of the planning commission shall notify the applicant in writing of the city council's decision. Upon notification of suspension, the holder of the use permit shall cease all activities on the property which are subject to the use permit.

(Code 1980, § 20-21.15; Ord. No. 84-08, A 21, § 2115)

A use permit shall be indicated on the appropriate zoning map by a number located on the site of the conditional use (e.g. CUP 81-5).

(Code 1980, § 20-21.16; Ord. No. 84-08, A 21, § 2116)

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same site shall be filed within one year from the date of denial or revocation of the use permit.

(Code 1980, § 20-21.17; Ord. No. 84-08, A 21, § 2117)

A use permit granted pursuant to the provisions of this section may run with the land and may continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application, or those which, by their terms, are not made permanent.

(Code 1980, § 20-21.18; Ord. No. 84-08, A 21, § 2118)

No use for which a conditional use permit has been applied for shall exceed the residential density criteria as specified in the general plan. For example, the low-density residential criteria of the general plan allows no more than six units per gross acre. The only exception to this section is when an applicant applies for and is granted a conditional use permit for a mobilehome park as regulated by section 106-322.

(Code 1980, § 20-21.19; Ord. No. 84-08, A 21, § 2119)