Chapter 17.58

Conditional Use Permit and Minor Use Permit

• A. Purpose. Conditional Use Permits and Minor Use Permits provide a process for reviewing uses and activities that may be desirable in the applicable zone, but whose effect on the site and surroundings cannot be determined before being proposed for a particular location. [Source: 17.42.050.A, modified]

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• B. Applicability. A Conditional Use Permit or Minor Use Permit is required to authorize proposed land use activities identified by Article 2 (Zones, Allowable uses, and Development Standards) as being allowable in the applicable zone subject to the approval of a Conditional Use Permit or Minor Use Permit. [Source: 17.42.050.B, modified]

• C. California Environmental Quality Act Review. A Minor Use Permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with State law and the Town's CEQA Guidelines or it shall be processed as a Conditional Use Permit. [Source: 17.42.050.C, modified]

• D. Filing, Notice, and Review. An application for a Conditional Use Permit or Minor Use Permit shall comply with the following processing standards:

  1. Notice of Application. All applications shall comply with the notice of application requirements established in Section 17.52.070 (Notice of Application), if applicable. [Source: NEW]

  2. Filing. An application for a Conditional Use Permit or Minor Use Permit shall be filed and processed in compliance with Chapter 17.52 (Application Processing Procedures). [Source: 17.42.050.D, modified]

  3. Project Review, Notice, and Hearing. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this chapter. The Administrative Hearing Officer shall conduct a public hearing on an application for a Minor Use Permit; the Commission shall conduct a public hearing on an application for a Conditional Use Permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with State law and Chapter 17.78 (Public Notices and Hearings). [Source: 17.42.050.E, modified]

The Review Authority may approve or disapprove an application for Conditional Use Permit or Minor Use Permit approval. The Review Authority shall record the decision and the findings on which the decision is based. The Review Authority may approve a Conditional Use Permit or Minor Use Permit only after first finding all the following: [Source: 17.42.050.F, modified]

• A. The proposed use is consistent with the General Plan and any applicable specific plan; [Source: 17.42.050.F.2]

• B. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Zoning Code or Municipal Code; [Source: 17.42.050.F.1, modified]

• C. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity; [Source: 17.42.050.F.3]

• D. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and [Source: 17.42.050.F.4]

• E. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or be materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. [Source: 17.42.050.F.5]

In approving a Conditional Use Permit or Minor Use Permit, the Review Authority may impose any conditions (e.g., buffers, landscaping and maintenance, hours of operation, off-site improvements, performance guarantees, screening, surfac-

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ing, time limits, etc.) deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.62.030 (Findings and Decision). [Source: 17.42.050.G, modified]

The procedures relating to appeals, project changes and modifications, issuance of a Building Permit, performance guarantees, and revocation in Article 6 (Zoning Code Administration), and those in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Site Plan and Design Review. [Source: 17.42.050.H, modified]