§ 22.62.060. Conditional Use Permits.

The purpose of a Conditional Use Permit is to: provide for public review of significant land use proposals; and to insure the proper integration into the community of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner. The Conditional Use Permit process includes a public hearing before the Commission. Action on a Conditional Use Permit is discretionary and may include: approval based on the standards of this Title; approval with conditions; or disapproval, based on conflict with the provisions of this code, or information in the staff report or public hearing testimony. When Conditional Use Permit approval is required by this Title, preparation and processing of the application shall be as follows.

A.

Application content. The content of a Conditional Use Permit application shall be the same as required for Site Plan Review by Section 22.62.040, and Minor Use Permits by Section 22.62.050.

B.

Conditional Use Permit processing. Conditional Use Permit applications shall be submitted to the Department of Planning and Building, and shall be processed as follows.

1.

Environmental determination. When a Conditional Use Permit application has been accepted for processing as set forth in Section 22.62.050.A (Determination of Completeness), it shall be subject to an environmental determination as required by the California Environmental Quality Act (CEQA). No action shall be taken to approve or conditionally approve the application until the environmental determination results in:

a.

A statement by the Environmental Coordinator that the project is exempt from the provisions of CEQA; or

b.

Approval of a negative declaration by the decision making body in compliance with CEQA; or

c.

Certification of a final environmental impact report (EIR) by the decision- making body in compliance with CEQA.

2.

Staff report. Following completion of an Environmental Determination, the Department of Planning and Building shall prepare a staff report that:

a.

Describes the characteristics of the proposed land use or development project, as well as the project site and its surroundings; and

b.

References applicable county land use policies; and

c.

Determines whether the proposed use or project satisfies at minimum the provisions of this Title; and

d.

Recommends whether, and on what basis, the proposal should be approved, conditionally approved or disapproved.

3.

Public hearing. The Director shall schedule the Conditional Use Permit for public hearing before the Review Authority as set forth in Section 22.70.060.

C.

Conditional Use Permit approval or disapproval. The authority to take final action on a Conditional Use Permit as set forth in this Subsection is assigned to the Subdivision Review Board or Commission. Where a Conditional Use Permit application is required in conjunction with a land division application, the advisory agency designated to take action on the land division by Title 21 of this code shall consider both the Conditional Use Permit application and the land division application on the same agenda. Final action on the Conditional Use Permit shall occur prior to final action on the land division application. In all other cases requiring Conditional Use Permit approval only, the Commission is assigned to take final action. Decisions of the Review Authority may be appealed to the Board (Section 22.70.050).

1.

Conditions of approval. After the conclusion of a public hearing, the Review Authority may approve, conditionally approve, or disapprove the Conditional Use Permit. In conditionally approving a Conditional Use Permit, the Review Authority shall designate conditions to satisfy any requirements of CEQA, and to:

a.

Secure compliance with the objectives and requirements of this Title and the Land Use Element; and

b.

Designate time limits or phasing schedules other than those specified in Section 22.64.060 (Land Use Permit Time Limits) for the completion of projects, when deemed appropriate.

2.

Additional conditions. In addition to the conditions of Subsection C.1, the Review Authority may adopt other conditions, including but not limited to:

a.

Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 22.64.040 (Guarantees of Performance);

b.

Requiring installation of specific on-site or off-site improvements;

c.

Modifying, superseding or replacing conditions of approval imposed on the subject site or land use by a previous Conditional Use Permit, Minor Use Permit or any land use permit issued in compliance with the zoning ordinance (Ordinance No. 603).

d.

Authorizing land uses on the site in addition to those requested in the Conditional Use Permit application where the additional uses would normally be required by this Title to have Zoning Clearance, Site Plan Review or Minor Use Permit approval.

e.

Any other conditions judged by the Review Authority to be necessary to achieve compatibility between the proposed use and its site, its immediate surroundings, and the community.

3.

Effect of conditions. Whenever a Conditional Use Permit approval is granted or amended subject to conditions, use or enjoyment of the Conditional Use Permit approval in violation, or without observance of any condition shall constitute a violation of this Title. In the event of such a violation, the approval may be revoked or modified as provided in Section 22.14.160 (Permit Revocation). The duration of conditions is established in Section 22.64.120 (Lapse of Land Use Permit).

4.

Required findings. The Review Authority shall not approve or conditionally approve a Conditional Use Permit unless it first finds that:

a.

The proposed project or use is consistent with the Land Use Element of the General Plan; and

b.

The proposed project or use satisfies all applicable provisions of this Title; and

c.

The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and

d.

That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and

e.

That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved with the project.

f.

Any additional findings required by planning area standards in Article 9 (Community Planning Standards), combining designation (Chapter 22.14), or special use (Article 4).

D.

Effective date of land use permit. The approval of a Conditional Use Permit shall become final and effective for the purposes of construction permit issuance or establishment of a non-structural use, on the 15th day following the Review Authority approval; unless before that time, an appeal to the decision is filed as set forth in Section 22.70.050 (Appeal).

E.

Post-approval procedures. The procedures in Chapter 22.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Conditional Use Permit.

[Amended 1981, Ord. 2063; 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1992, Ord. 2583] [22.04.034]