§ 19.42

This Chapter establishes procedures for approval, conditional approval, and denial of Conditional Use Permits. Conditional Use Permits are required for land use classifications typically having unusual site development features or operating characteristics requiring special consideration. Conditions ensure that conditional uses are designed, located and operated compatibly with uses on adjacent and nearby properties.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A Conditional Use Permit is required prior to establishment or construction of any use so designated in the applicable land use tables (Chapter 19.08 thru 19.22).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.42.030 - Application and Required Fees

A.

Application Filing and Processing. Applications for a Conditional Use Permit shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Conditional Use Permits shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a Conditional Use Permit application.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.42.050 - Public Hearing and Notice

The Planning Commission shall hold a public hearing prior to taking action on a Conditional Use Permit. A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

In approving an application for a Conditional Use Permit, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

A.

Requirements for special building setbacks, open spaces, buffers, fences, walls and screening.

B.

Requirements for installation and maintenance of landscaping, and erosion control measures.

C.

Requirements for street and other infrastructure improvements and related dedications.

D.

Regulation of vehicular ingress, egress, and traffic circulation.

E.

Regulation of hours of operation or other characteristics of operation.

F.

Requirements for security.

G.

Requirements for periodic review.

H.

Requirements for special building design and features to enhance the visual impact and integrate the use into the community.

I.

Other conditions as may be deemed necessary to make the findings required by this Chapter.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Prior to approving a Conditional Use Permit as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

That the proposed design and location of the conditional use and the conditions under which it will be operated are in accordance with the purpose of this Development Code, the zoning regulations applicable to the site, the City of Twentynine Palms General Plan, and other applicable development policies and standards of the City.

B.

That the proposed design and location of the conditional use and the conditions under which it will be operated will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity.

C.

That the proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Written notice of decision shall be provided within five business days of the date of decision to the applicant, interested parties having requested notices in writing, and record owners of real property within 300 feet of the subject parcel as measured from the property line. The notice shall include:

A.

The application request as acted upon by the Planning Commission.

B.

The action taken by the Planning Commission.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Conditional Use Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Conditional Use Permits shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

B.

Exceptions. A Conditional Use Permit for a public utility installation may be valid for a longer period if specified by the approving authority.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The expiration date of a Conditional Use Permit may be extended in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

An applicant may request an amendment to a Conditional Use Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 19.28.140 (Amendments to Previously Approved Permits).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Chapter 19.43 - Planned Development