§ 17.132

The purpose of a Conditional Use Permit is to provide for uses that have a potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts to insure they are not detrimental to surrounding property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Conditional Use Permit is required for all land uses that are necessary for the development of the community, but because of their nature cannot be classified as a permitted use and must be located, planned, and used in such a manner as not to be detrimental to the property abutting such uses and to the community as a whole.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The procedure set forth in Chapter 17.120 (Applications and Processing), 17.156 (Public Hearings and Administrative Review), and 17.160 (Appeals and Requests for Review) shall constitute the procedure relating to Conditional Use Permits, except as otherwise specifically provided in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.132.040 - Findings and decision authority.

A Conditional Use Permit may be issued only after a public hearing before the Planning Commission of the City upon application. The Planning Commission shall also find that the establishment, maintenance or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Conditional Use Permit:

A.

Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare.

B.

The use is consistent with the General Plan.

C.

The use is consistent with the provisions of this Zoning Code.

D.

Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

E.

If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The Planning Commission and/or City Council have the authority to impose any additional conditions upon the Conditional Use Permit which it determines are necessary or desirable to mitigate any potential

impacts. These conditions may address any pertinent factors affecting the operation of the use, and may include but are not limited to the following:

A.

Limitation on duration of use;

B.

Operating hours and days;

C.

Pedestrian and vehicular circulation. Provision for adequate pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

D.

Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent lots, dirt, dust, erosion, gases, heat, noise, odors, smoke, soil contamination, trash, and vibration;

E.

Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

F.

Landscaping and screening provisions;

G.

Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

H.

Site maintenance;

I.

Lighting provisions (exterior and interior);

J.

Police/security and safety measures. Provision for police/security and safety measures, as appropriate;

K.

Signs. Regulation of signs in compliance with Chapter 17.116 (Signs);

L.

Indemnification agreement;

M.

Signed affidavit for acceptance conditions of approval;

N.

Compliance with applicable provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of all required permits and licenses from any other department or governing agency; and

O.

Other conditions. Other conditions that would ensure the operation of the use in an orderly and efficient manner, and in full compliance with the purpose of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.132.060 - Expiration, modification, extension and revocation of conditional use permit.

A Conditional Use Permit approved in compliance with the provisions of this chapter shall 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, except as follows:

A.

If the use authorized by any Conditional Use Permit is, or has been unused, abandoned or discontinued for a period of one year, the Conditional Use Permit shall become null and void and of no effect.

B.

If any condition attached to a Conditional Use Permit is violated or if any law, statute or City ordinance is violated, the Conditional Use Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Repeated violations of any of the conditions attached to a Conditional Use Permit may be grounds for revocation of the conditional use permit.

C.

In the event that the operation of any part of a facility granted by Conditional Use Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified.

D.

For any revocation or modification of a Conditional use permit, as set forth in subsection B or C of this section, the Community Development Director shall follow the revocation and modification provisions set forth in Chapter 17.168 (Revocations and Modifications).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.136 - SITE PLAN AND DESIGN REVIEW