Chapter 19.52 — CONDITIONAL USE PERMITS AND MINOR CONDITIONAL USE PERMITS

Conditional uses are those which have a special impact or uniqueness so that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location.

This chapter provides a process for reviewing conditional use permit applications to allow for specified activities and uses as identified in the various zoning districts as requiring a conditional use permit. These provisions are intended to protect the integrity and character of the residential and commercial areas of the city, consistent with the objectives, policies, general land uses, and implementation programs of the General Plan. This chapter also ensures adequate review and input for development projects which potentially impact the community, and adequate review to ensure that development in each zoning district protects the integrity of that district.

A project requiring conditional use permit approval is reviewed as to its location, design configuration, and potential impacts by comparing the project to established standards. The purpose of the review is to determine whether the permit should be approved by weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause. (Ord. 01-594 § 2, 2001)

• A. Planning Commission Review. The Planning Commission shall review, approve, modify, or deny a conditional use permit application for any use listed in Article 19-2 (Zoning Districts and Allowable Land Uses) as requiring a conditional use permit, and for any change to an existing Substitute Conditional Use Permit (SCUP).

• B. Community Development Director Review. The Community Development Director shall approve, modify, or deny a minor conditional use permit application for any use listed in Article 19-2 (Zoning Districts and Allowable Land Uses) as requiring a minor conditional use permit, or may refer the application to the

Planning Commission for a decision. The Community Development Director shall also act upon minor conditional use permit applications for the expansion, maintenance, or repair of a nonconforming structure in compliance with Chapter 19.72 (Nonconforming Uses, Structures, Signs and Parcels). (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 186, 2019; Ord. 24-16, 6/24/2024)

• A. Application Preparation and Filing. An application for a conditional use permit or minor conditional use permit shall be prepared, filed, and processed in compliance with Chapter 19.40 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 19.52.040 (Findings and Decision), below.

• B. Notice and Hearings. The application shall be scheduled for a public hearing once the Community Development Director has determined the application to be complete. Notice of the public hearing shall be provided in compliance with Chapter 19.74 (Public Hearings and Notice).

• C. Amendments to Approved Conditional Use Permits. For review of amendments to already approved conditional use permits, see Section 19.62.070 (Amendments to Approved Projects).

• (Ord. 01-594 § 2, 2001; Ord. 02-643 § 44, 2003; Ord. 19-1058 § 187, 2019; Ord. 24-16, 6/24/2024)

A conditional use permit or minor conditional use permit may be approved, with or without conditions, only if the review authority first finds that:

• A. The proposed use is allowed within the applicable zoning district with conditional use permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;

• B. The proposed use is consistent with the General Plan and any applicable specific plan;

• C. The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints;

• D. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on site and in the vicinity of the subject property; and

• E. The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use.

• (Ord. 01-594 § 2, 2001)

In approving a conditional use permit or minor conditional use permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions relating to both on- and offsite improvements, which are intended to ensure that:

• A. The project will comply with all the findings listed in Section 19.52.040 ;

• B. On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic-control devices, etc.) are provided as reasonable and necessary to carry out the purpose and requirements of the applicable zoning district; and

• C. Any time limits on the duration of the use are provided as determined to be necessary by the review authority.

• (Ord. 01-594 § 2, 2001)

The approval or denial of a conditional use permit or minor conditional use permit may be appealed in compliance with Chapter 19.76 (Appeals). The procedures of Chapter 19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after the approval of a conditional use permit or minor conditional use permit.

(Ord. 01-594 § 2, 2001)