Chapter 9.30 — Conditional Use Permits and Use Permits

Sections:

• 9.30.010 Purpose 9.30.020 Applicability 9.30.030 Application Requirements 9.30.040 Review Authority 9.30.050 Project Review, Notice, and Hearing

• 9.30.060 Findings and Decision 9.30.070 Conditions of Approval 9.30.080 Permit Revocation and Modification 9.30.090 Post Decision Procedures

The purpose of this Chapter is to establish procedures and general standards for the review and approval of Use Permits (Conditional Use Permits and Minor Use Permits). Whenever a use is listed in any section of this Zoning Code as a use permitted subject to Conditional

Use Permit or Minor Use Permit approval, it shall be approved only if it is consistent with the General Plan and meets all requirements of this Zoning Code and subject to any conditions deemed appropriate by the Review Authority.

A. Uses Listed in Article 3

A Conditional Use Permit or Minor Use Permit is required to authorize proposed land uses specified by Article 3 (Specific to Zones) as being allowable in the applicable zone subject to the approval of a Conditional Use Permit (CUP) or Minor Use Permit (MUP).

C. Modification of Use Regulations

1. Modification of Regulations to Use . The use permit procedure shall be utilized wherever it is specified in this Zoning Code that regulations to use may be modified through approval of a CUP or MUP.

B. Allowability of Unlisted Uses

It shall mean that unlisted uses might be allowed by the applicable Review Authority when the uses are necessary to the development of the community and are in no way detrimental to existing uses or to those allowed in the zone

2. Subject to Findings. It shall mean that the modification may be granted provided the findings specified in Section 9.30.060 (Findings and Decision), can be made.

Tehachapi Zoning Code | October 2014 Adopted |

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Chapter 9.30 Conditional Use Permits and Minor Use Permits

A. Filing Requirements

An application for a CUP or MUP shall be filed and processed in compliance with Chapter 9.10 (Application Processing Procedures).

C. Responsibility

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 9.30.060 (Findings and Decision).

B. Required Data

The application shall include the information and materials specified in the Department handout for CUP and MUP applications, together with the required fee.

A. Conditoinal Use Permits

CUPs shall be approved or denied by the:

1. Commission. Commission, when not considered concurrently with another application that requires Council approval; or

B. Minor Use Permits

1. MUPs shall be approved or denied by the Director.

2. The Director may choose to refer any Minor Use Permit application to the Commission for review and final decision.

2. Council. Council when considered concurrently with another application that requires Council approval.

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

A. Use Permits

B. Minor Use Permits

Before a decision on a Minor Use Permit, the City shall provide notice in compliance with Chapter 10.40 (Public Hearings), and as follows:

1. Notice

1. Conditional Use Permits. The Commission (or Council when considering a concurrently filed application) shall conduct a public hearing on an application for a CUP before a decision on the application.

2. Notice. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 10.40 (Public Hearings).

3. Appeals. The Commission’s decision is appealable to the Council in compliance with Chapter 10.20 (Appeals).

• a) The notice shall state that the Director will decide whether to approve or deny the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

• b) The written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings specified in Section 9.30.060 [Findings and Decision]).

• c) If the Director determines that the evidence has merit and can be properly addressed by a condition(s) added to the Minor Use Permit approval, the Director may consider the permit in compliance with Subparagraph 3. (If no hearing is requested), below.

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Chapter 9.30 Conditional Use Permits and Use Permits

2. If hearing is requested. If a public hearing is requested and the provisions of Subparagraph B. 1. c., above do not apply the Director shall schedule the hearing that shall be noticed and conducted in compliance with Chapter 10.40 (Public Hearings).

3. If no hearing is requested. If no public hearing is requested, the Director shall render a decision on the date specified in the notice referred to in Subparagraph B. 1. a., above.

4. Appeals. The Director’s decision is appealable to the Commission in compliance with Chapter 10.20 (Appeals).

A. Review Authority’s Action

1. All applications. An application for a CUP or MUP may be approved subject to conditions or denied by the review authority, based on the findings identified in Subsection B., below.

2. Where Council is Review Authority. After the pub-

lic hearing where the Council is the review authority in compliance with Subsection 9.30.040.A (Conditoinal Use Permits), above, the Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or deny the application, based on the findings identified in Subsection B., below.

B. Required Findings

The Review Authority may approve or conditionally approve an application for a CUP or MUP if it finds all of the following:

1. The proposed use is consistent with the goals and policies of the General Plan.

2. The proposed use is consistent with the purpose of the applicable zone or zones.

3. The proposed use is listed as a use subject to a CUP or MUP in the applicable Zone or Zones or a use determined to be similar to a listed use in accordance with the procedures set out in Section 1.10.030 (Rules of Interpretation).

4. The proposed use meets the minimum requirements of this Zoning Code applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city and the state of California.

5. The proposed use will not be materially detrimental to the health, safety, and welfare of the public or to property and residents in the vicinity. [18.104.040]

A. Any use permit may include such terms and conditions deemed appropriate or necessary by the review authority to make the findings specified in Section 9.30.060 (Findings and Decision).

B. If no terms or conditions are specified, the CUP or MUP shall be considered unconditional and valid for an indefinite period.

C. All conditions of approval shall be final, and a request to delete or modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless said conditions are appealed in compliance with Chapter 10.20 (Appeals).

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Chapter 9.30 Conditional Use Permits and Minor Use Permits

Any CUP or MUP issued pursuant to Chapter 9.10 may be revoked or modified pursuant to Chapter 9.100 (Permit Modifications and Revocations).

The procedures and requirements in Chapter 9.100 (Permit Implementation, Time Limits, and Extensions), and those related to appeals (Chapter 10.20) and Modifications and Revocations (Chapter 9.100) shall apply following the decision on a CUP or MUP application.

9-20 | Adopted October 2014 | Tehachapi Zoning Code