§ 9-52.070. Conditional Use Permits

A.

Purpose.

1.

Conditional Use Permits are intended to allow for activities and uses which may be desirable in the applicable zoning district and compatible with adjoining land uses, but whose effect on a site and its surroundings cannot be determined before being proposed for a particular location.

2.

A Conditional Use Permit is based on a discretionary decision required before initiation of a particular use.

3.

The procedures of this Section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

4.

Conditional Use Permits:

a.

Are subject to site plan and design review and may be conditioned at the time of approval; and

b.

Shall be disapproved when found to be incompatible with surrounding uses, or may be properly conditioned in order to be approved.

B.

Applicability.

1.

Conditional Use Permit required. A Conditional Use Permit is required to authorize proposed land uses and activities identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit.

2.

Combined permits.

a.

A proposed use which requires a Planned Development Permit and a Conditional Use Permit shall be combined into a single Conditional Use Permit.

b.

If the Conditional Use Permit is discontinued or expires, the Planned Development Permit may continue unless it is contrary to a requirement for the zoning district, location of the project, or a condition of the Planned Development Permit.

c.

Any expansion or change of use shall conform to the regulations of this Section, including the requirement for a new permit.

3.

Building or Grading Permits. For projects requiring a Conditional Use Permit, no Building or Grading Permit or other City approval that permits physical dirt movement (including clearing and grubbing), construction, or development, shall be issued until the Conditional Use Permit has been approved in compliance with this Section.

C.

Application requirements. An application for a Conditional Use Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. Conditional Use Permits may be granted in compliance with the following:

1.

The Director may:

a.

Grant an Administrative Conditional Use Permit for any use identified in Subsection E, below; or

b.

Defer action and refer the application to the Commission.

2.

Commission. The Commission may grant a Conditional Use Permit for any use listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as requiring a Conditional Use Permit.

E.

Administrative Conditional Use Permits. Administrative Conditional Use Permits may be granted for only the following land use activities:

1.

To allow a use within a site covered by an approved Planned Development Permit, consisting of 3,001—10,000 square feet of total gross floor area.

2.

To allow the leasing and rental of cars, light duty pick-up trucks, and vans (under 10,000 pounds of gross vehicle weight), and large trucks (10,000 pounds or more of gross vehicle weight), without drivers, in the CPD (Commercial Planned Development) and CI (Commercial Industrial) zoning districts. Parking of the rental vehicles shall not utilize more than 50 percent of the surplus (e.g., those spaces exceeding the required number of spaces) off-street parking spaces within a retail shopping center.

3.

To allow a large family day care home.

4.

To allow animal keeping, not otherwise allowed in the zoning district.

F.

Project review, notice, and hearing.

1.

Each Conditional Use Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. A staff report and recommendation shall be submitted to the applicable review authority for their consideration of a Conditional Use Permit.

2.

The review authority shall conduct a public hearing on an application for a Conditional Use Permit before the approval or disapproval of the permit.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

G.

Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Conditional Use Permit and shall record the decision and the findings upon which the decision is based. The review authority may approve a Conditional Use Permit only after first finding that:

1.

The proposed use is allowed with a Conditional Use Permit within the applicable zoning district or with an Administrative Use Permit as identified in Subsection E (Administrative Use Permits), above, and complies with all applicable provisions of this Development Code;

2.

The proposed use is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

3.

The proposed site plan and design would ensure consistency with applicable design guidelines;

4.

The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale and view protection; and

5.

The proper standards and conditions have been imposed which protect the public safety, health, and welfare.

H.

Conditions of approval. In approving a Conditional Use Permit, the applicable review authority may impose conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, public infrastructure improvements, time limits, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection G (Findings and decision), above.

I.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Conditional Use Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009 and § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012)