Angels Camp City Zoning Code
CHAPTER 17
78 CONDITIONAL USE PERMITS
[1]
Prior ordinance history: Ord. 270.
§ 17.78.010 Purpose.
Conditional use permits (use permits) are required to allow public review and city discretion in the control of certain uses which may be necessary but which may cause public concern, affect property values or disturb the character of a neighborhood if they are not carefully located and designed. The use permit process is necessary to carry out review and exercise discretion over this category of potentially inappropriate or incompatible uses. Conditional use permits may be approved or denied by the planning commission. Administrative conditional use permits may be approved or denied by the city planner. Use permits are usually conditional when they are approved. They may be revocable or valid for a term period. Guarantees to ensure compliance with terms and conditions may be required.
(Ord. 323 § 48(part), 1992; Ord. 493 § 2, 2019; Ord. 510 § 7, 2021; Ord. 535 § 1 (Att. A), 2023)
§ 17.78.020 Application and procedure.
All applications for permits as required by this chapter shall be in writing, filed in the office of the community development department and upon a form prescribed by and furnished by the community development department. Upon receipt of an application, city staff shall review it and, if they find that it is complete, they shall so certify. The application shall contain the required information as determined by the city planner and be processed according to procedures established by the community development department. Applications for development plans shall conform to all applicable standards and requirements of this title such as landscaping, off-street parking and street improvements unless a waiver is applicable and is obtained. Likewise, such applications shall conform to all other applicable standards and requirements as may be contained in other titles within the municipal code.
(Ord. 323 § 48(part), 1992; Ord. 493 § 3, 2019; Ord. 510 § 7, 2021; Ord. 535 § 1 (Att. A), 2023)
§ 17.78.025 Conditional use permits – Planning commission action required.
Conditional use permit applications shall be subject to a duly noticed public hearing before the planning commission prior to consideration of approval, conditional approval or denial by the commission except as provided in Section 17.78.027.
(Ord. 323 § 48(part), 1992; Ord. 493 § 4, 2019; Ord. 510 § 7, 2021; Ord. 535 § 1 (Att. A), 2023)
§ 17.78.027 Conditional use permits/administrative conditional use permits – City planner issuance.
A.
The city planner may approve or deny a conditional use permit for a project valued at less than two hundred fifty thousand dollars and CEQA exempt pursuant to the state and city guidelines for the implementation of CEQA, except for those involving exterior alterations in the HC zoning district. Before approving or conditionally approving an application, the city planner shall make the findings in Section 17.78.030 and may impose conditions in accordance with Section 17.78.040. The city planner may refer the project to the planning commission at his or her discretion. If the city is without a city planner, the use permit shall be referred to the planning commission. Decisions of the city planner may be appealed to the planning commission in accordance with the procedures of Section 17.81.020.
B.
The city planner may approve or deny an administrative conditional use permit. Decisions of the city planner may be appealed to the planning commission in accordance with the procedures of Section 17.81.020. Prior to approval or denial, the community development department will notify property owners within three hundred feet of the proposed project. Should any reply be received in response to this notice, the respondent shall be notified of the issuance or denial of the permit by the city planner and procedures for appeal.
(Ord. 493 § 5, 2019; Ord. 510 § 7, 2021; Ord. 535 § 1 (Att. A), 2023)
§ 17.78.030 Required findings.
Any approval of conditional use permits shall be by affirmative vote of not less than a majority of all voting members, except as otherwise provided in Section 17.78.027. No use permit shall be granted by the planning commission, city council or city planner unless all the following findings can be made:
A.
The proposed use is consistent with the city of Angels Municipal Code; and
B.
The proposed use is consistent with the city of Angels general plan; and
C.
The proposed use will not overburden existing municipal facilities; and
D.
The size and terrain of the parcel are suitable for the proposed use; and
E.
Under the circumstances of the particular case, the proposed use will not be substantially detrimental to the health, safety, or general welfare of persons in the neighborhood of such proposed use or be substantially detrimental or injurious to property and improvements in the neighborhood;
F.
Where a site development permit or administrative site plan review is waived in accordance with Sections 17.73.030(F) or 17.74.030(F), the following finding also shall be made:
1.
The proposed use and design are consistent with adopted city design standards, codes, adopted city short- and long-range plans, and accepted planning and engineering practices.
(Ord. 323 § 48(part), 1992; Ord. 493 § 6, 2019; Ord. 510 § 7, 2021; Ord. 535 § 1 (Att. A), 2023)
§ 17.78.040 Conditions.
In approving a conditional use permit or administrative conditional use permit, the planning commission, or city planner, as applicable, has authority to impose such conditions as it deems necessary to protect the public health, safety and general welfare or otherwise make the findings in Section 17.78.030.
(Ord. 510 § 7, 2021; Ord. 535 § 1 (Att. A), 2023)
§ 17.78.050 Denial, appeal, resubmittal.
A.
Denial. The planning commission, or city planner, as applicable, shall deny a conditional use permit or administrative conditional use permit if it cannot make all the findings in Section 17.78.030.
B.
Appeal. Appeals of planning commission decisions for a conditional use permit may be made to the city council in accordance with Section 17.81.010. Appeals of the city planner for an administrative conditional use permit may be made to the planning commission in accordance with Section 17.81.020.
C.
Resubmittal. If a conditional use permit application is denied by the planning commission and no appeal is made or an appeal is denied by the city council an application for substantially the same project cannot be submitted for one year from the date of denial. If an administrative conditional use permit application is denied by the city planner and no appeal is made or an appeal is denied by the planning commission and/or city council, an application for substantially the same project cannot be submitted for one year from the date of denial.
(Ord. 510 § 7, 2021; Ord. 535 § 1 (Att. A), 2023)
§ 17.78.060 Effective date, activation, expiration and extensions, revocation.
A.
Effective Date. A conditional use permit or administrative conditional use permit issued pursuant to this chapter shall not be effective until any appeal filed pursuant to Section 17.81.010 or 17.81.020 has concluded, or the time for filing an appeal has expired.
B.
Activation. A conditional use permit or administrative conditional use permit shall be deemed activated by the commencement of the use for which the entitlement was issued or issuance of a permit required to commence construction (e.g., building permit, grading permit, encroachment permit). Once activated, the entitlement shall not expire except as otherwise provided.
C.
Expiration and Extensions. Expirations and extensions of conditional use permits and administrative conditional use permits shall be in accordance with Chapter 17.87.
D.
Revocation. The project conditions of approval are part of the conditional use permit. If the conditions of approval are not carried out in accordance with the approved conditional use permit or administrative conditional use permit and the grantee is given notice by the community development department to bring such use into compliance within thirty days and fails to do so, the city planner may revoke the permit. The city planner may immediately revoke the permit if he/she determines such action is necessary to prevent irreparable harm from failure to comply with the terms of the permit. The city planner may alternatively, or additionally, undertake code enforcement actions pursuant to Chapter 1.16, 1.17, 1.18 or 1.19.
(Ord. 510 § 7, 2021; Ord. 535 § 1 (Att. A), 2023)
