Watsonville Municipal Code § 14-12.511 Limits on authority

The purpose of the Conditional Use Permit is to insure the proper integration of uses which, because of their special nature, may be suitable only in certain locations or zoning districts or only provided that such uses are arranged or designed in a particular manner.

(Ord. 1156-03 C-M, eff. May 22, 2003)

All uses set forth in this title as conditional uses in any district, and all matters directly related thereto, are hereby declared to be of such unique and special character as to make it impractical to include them as principally permitted or accessory uses in any district without special review. The special review shall be for the purpose of determining that each such proposed use is, and will continue to be, compatible with surrounding, existing, or planned uses; and for the further purpose of establishing such special conditions as may be necessary to insure the harmonious integration and compatibility of such uses in the neighborhood and with the surrounding area.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Zoning Administrator or the Commission, as provided in this title, may approve, conditionally approve, or deny an application for a conditional use and, in granting conditional approval, may impose such requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and overall development as may be deemed reasonable and necessary for the protection of adjacent properties and the public interest. The granting of a Conditional Use Permit shall not exempt the applicant from complying with the requirements of other provisions of this Code including Design Review, the Building Code, or any other applicable requirements of this title or Code, or other local, state, or federal requirements.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Zoning Administrator is authorized to issue Conditional Use Permits for all uses designated in the district regulations of this title as being subject to the issuance of an Administrative Use Permit subject to the following procedures.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) An application for an Administrative Use Permit may be submitted by the property owner or by an agent on the owner’s behalf.

(b) The application shall be processed as provided in Part 4 of Chapter 14-10, with the exception that no public hearing is required.

(c) If the proposed use requires a division of land as provided in Chapter 13-10, an application for a land division permit shall be submitted in conjunction with the application for a Special Use Permit. Approval of the Administrative Use Permit shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the Administrative Use Permit shall take effect upon final approval of the phase of the land division containing the property on which the specially permitted use is to be located.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Zoning Administrator shall be the final decision-maker for Administrative Use Permits. The Zoning Administrator shall render its decision pursuant to Part 5 of Chapter 14-10, subject to findings in Section 14-12.513 and conditions necessary to make the use compatible with surrounding uses. If the appropriateness of the use cannot be assured at the location, the application for Administrative Use Permits shall be denied as being incompatible with existing uses or uses permitted by right in the district. Appeal shall be to the Planning Commission in accordance with Part 11 of Chapter 14-10.

(a) The Zoning Administrator may refer any Conditional Use Permit application upon which the Zoning Administrator is authorized to act under Administrative Use Permit procedures to the Commission for the purpose of processing the same as a Special Use Permit in accordance with the public hearing procedures of Part 9 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) The Zoning Administrator, and the Planning Commission on appeal, shall have no authority to vary, modify or waive any of the regulations or standards prescribed for any use for which an Administrative Use Permit is required and any modification, Variance or waiver shall be void.

(b) This provision shall not prevent the property owner from concurrently applying for a Variance pursuant to this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) Approval of an Administrative Use Permit shall authorize only the particular use for which the permit is issued and may include a limit on time the use may continue.

(b) No use authorized by an Administrative Use Permit shall be enlarged, extended, increased in intensity or relocated unless an application is made to modify the Administrative Use Permit in accordance with the procedures set forth in this Code.

(c) Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by this Code and by County, State, Federal, or other agencies.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Commission shall be, and hereby is, authorized to issue Conditional Use Permits for all uses designated in the district regulations of this title as being subject to the issuance of a Special Use Permit or in those cases where an application for an Administrative Use Permit has been referred by the Zoning Administrator subject to the following procedures.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) An application for a Special Use Permit may be submitted by the property owner or by an agent on the owner’s behalf.

(b) The application shall be processed as provided in Chapter 14-10.

(c) If the proposed use requires a division of land as provided in Chapter 13-10, an application for a land division permit shall be submitted in conjunction with the application for a Special Use Permit. Approval of the Special Use Permit shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the Special Use Permit shall take effect upon final approval of the phase of the land division containing the property on which the specially permitted use is to be located.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Planning Commission shall be the final decision-maker for Special Use Permits. The Commission shall render its decision, pursuant to Part 6 of Chapter 14-10, subject to findings in Section 14-12.513 and conditions necessary to make the use compatible with surrounding uses. If the appropriateness of the use cannot be assured at the location, the application for Special Use Permit shall be denied as being incompatible with existing uses or uses permitted by right in the district. Appeal shall be to the City Council in accordance with Part 11 of Chapter 14-10.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) The Planning Commission, and the City Council on appeal, shall have no authority to vary, modify or waive any of the regulations or standards prescribed for any use for which a Special Use Permit is required and any purported. Such modification, Variance or waiver shall be void.

(b) This provision shall not prevent the property owner from concurrently applying for a Variance pursuant to this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) Approval of a Special Use Permit shall authorize only the particular use for which the permit is issued and may include a limit on time the use may continue.

(b) No use authorized by a Special Use Permit shall be enlarged, extended, increased in intensity or relocated unless an application is made to modify the Special Use Permit in accordance with the procedures set forth in this Code.

(c) Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by this title, the Code and County, State, Federal, or other agencies.

(Ord. 1156-03 C-M, eff. May 22, 2003)

When considering applications for an Administrative or Special Use Permit, the Zoning Administrator or Commission shall evaluate the impact of the proposed use on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location and make the following findings:

(a) The proposed use at the specified location is consistent with the policies of the General Plan and the general purpose and intent of the applicable district regulations;

(b) The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on site or within the public rights-of-way to mitigate development related adverse impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include, but shall not be limited to, the placement or orientation of buildings and entryways, parking areas, buffer yards, and addition of landscaping, walls, or both, to mitigate such impacts;

(c) The proposed use will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

(d) The proposed use incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets;

(e) The proposed use incorporates features to minimize adverse effects, including visual impacts and noise, of the proposed special use on adjacent properties;

(f) The proposed special use complies with all additional standards imposed on it by the particular provisions of this chapter and all other requirements of this title applicable to the proposed special use and uses within the applicable base zoning district; and

(g) The proposed special use will not be materially detrimental to the public health, safety, convenience and welfare, and will not result in material damage or prejudice to other property in the vicinity.

(Ord. 1156-03 C-M, eff. May 22, 2003)