A.

Purpose and General Plan Consistency. The purpose of the Conditional and Special Use Permit process is to create flexibility necessary to achieve the goals and objectives of the General Plan by providing a discretionary process to consider certain uses which have the potential to adversely impact surrounding property or the general public. Special review of such uses is necessary and specific conditions may be necessary to insure that the uses are operated and located property with respect to their effects on surrounding properties and so that any potentially adverse impacts can be mitigated. The Use Permit process provides the means to achieve this purpose.

B.

Conditional Use Permits

1.

The Conditional Use Permit process affords an opportunity for broad public review, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and design standards of this Development Code are adhered to.

2.

The Conditional Use Permit procedure allows the Town to evaluate whether the permit should be approved by weighing the proposed use and the public need for, and the benefits to be derived from, the use against the impacts it may cause.

3.

For the purpose of differentiating between uses with limited potential to adversely affect surrounding uses or the general public and other uses with greater potential to create adverse impacts, and to expedite the permit process for those uses with limited potential, this Chapter establishes the Conditional and Special Use Permit procedures as described in Section 9.16.020 below.

C.

Special Use Permits. The purpose of the Special Use Permit provisions is to provide a means of allowing reasonable public notice for uses with limited impacts which may be of concern to surrounding property owners while still providing an expeditious review and approval process.

A.

Use Permits. Use permits are hereby established in order to achieve the purpose of this Chapter and to expedite the permit process.

1.

Special Use Permits. Special Use Permit provisions shall apply to those uses identified in the permitted use charts for the various zoning districts which require such permits.

2.

Conditional Use Permits. Required for conditional uses which have the potential to conflict with the Performance Standards contained in Chapter 9.70 of this Code and which therefore require broader public review and discussion to determine their appropriateness.

For both Conditional Use Permits and Special Use Permits, the findings required in this Chapter shall be made before approval.

B.

Conditional Use Permit Type Designated in Use Charts. Conditional Use Permits shall be required for those uses identified as such in the use charts of the regulations for the individual zoning districts. Should the use of an existing structure be changed to one of the uses in said use charts requiring a Conditional Use Permit, the indicated Conditional Use Permit must be obtained.

A.

Conditional Use Permits. The Planning Commission is authorized to approve, approve with conditions, or deny applications for Conditional Use Permits in compliance with the procedures established in this Chapter and Chapters 9.12 and 9.13, Permit Process and Approvals and Public Hearings and Notice, of this Code, respectively. In approving an application for a Conditional Use Permit, the Commission may impose conditions to ensure compliance with this Code. Conditions may include, but shall not be limited to, requirements for special structure setbacks, open spaces, buffers, fences, walls and screening, requirements for installation and maintenance of landscaping, erosion control measures; requirements for street and other infrastructure improvements and related dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the Commission to make the findings required by Section 9.16.090, Required Findings, of this Chapter.

B.

Special Use Permits. Planning Division staff shall review applications for Special Use Permits for conformance with applicable requirements, and to consider facts supporting required specific findings and to formulate appropriate conditions in compliance with the applicable provisions of this Code. The Planning Division shall approve, conditionally approve, or deny applications for a Special Use Permit. Reasonable conditions may be imposed to ensure compliance with this Code.

Applications for Use Permits shall be filed with the Planning Division on a form prescribed by the Director and shall contain such information and reports as may be required by the application submittal package or by other applicable ordinances or by the Director in order to make the required findings.

The application shall be accompanied by a fee established by resolution of the Council to cover the cost of handling and processing the application as prescribed in this Chapter.

Each Application for a Use Permit shall be analyzed to assure that the application is consistent with the content, intent and purpose of the General Plan, this Code, and any other applicable Town standards or policies. To insure effective implementation of General Plan policies and the provisions of the Code, each application for a Use Permit shall be reviewed by the Director prior to consideration by the Commission. The Planning Division shall make an investigation and prepare a report. This report shall include a listing of conditions necessary to assure the preservation of public health, safety and welfare should the proposed project be approved.

1.

The Director, after considering the comments of responsible agencies and all available facts and materials regarding a Special Use Permit application, shall approve, deny, or conditionally approve such applications, or may forward such application to the Planning Commission for final decision. The Director's action shall be final unless appealed to the Planning Commission pursuant to Section 9.12.250, Appeals, of this Code. If the Town receives written opposition from two (2) or more or ten (10) percent or more, whichever is greater, of the noticed property owners regarding the proposed project, the application shall automatically be forwarded to the Planning Commission for a final decision.

The Commission shall hold a public hearing on each application of a Use Permit it reviews pursuant to Chapter 9.12 of this Code, Permit Process and Approvals. The hearings shall be set and notice shall be given as prescribed in Chapter 9.13 of this Code, Public Hearings and Notice. The applicant shall be provided with a copy of the Planning Division's report regarding their application, prior to the public hearing. The Commission shall approve, deny or conditionally approve applications for Use Permits. Planning Commission decisions may be appealed to the Town Council as provided in Chapter 9.12, Section 9.12.250, Appeals, of this Code.

A.

Before approving a Special or Conditional Use Permit, the Director, Commission or Council when appropriate, shall find that the circumstances prescribed below do apply:

1.

That the proposed location, size, design and operating characteristics of the proposed use is consistent with the General Plan, the purpose of this Code, the purpose of the zoning district in which the site is located, and the development policies and standards of the Town;

2.

That the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, nor be materially injurious to properties or improvements in the vicinity, adjacent uses, residents, buildings, structures or natural resources.

3.

That there are public facilities, services and utilities available at the appropriate levels or that these will be installed at the appropriate time to serve the project as they are needed;

4.

That the generation of traffic will not adversely impact the capacity and physical character of surrounding streets and that the traffic improvements and/or mitigation measures are provided in a manner consistent with the Circulation Element of the General Plan;

5.

That there will not be significant harmful effects upon environmental quality and natural resources;

6.

That Use Permits requiring new construction also meet the Required Findings set forth with Chapter 9.17 "Development Permits".

(Ord. No. 513, § 23, 8-27-2019)

A.

A Use Permit shall lapse and become void three (3) years following the date on which the use permit was approved, unless:

1.

A building permit is issued, and construction is commenced and diligently pursued; or

2.

A certificate of occupancy is issued;

3.

If no certificate of occupancy is required, the site is occupied in accordance with the approved Conditional Use Permit; or

4.

An extension of time has been granted pursuant to the provisions within this chapter.

B.

A Use Permit shall expire if one of the following occurs:

1.

The use, business, or service for which the Conditional Use Permit was issued terminates or ceases operation for a continuous period of time in excess of one (1) year; or

2.

The operation is discontinued or ceased because of destruction or damage by acts of God or by malicious acts and repair of the damaged facility has not commenced within two (2) years following the date of the destructive act.

(Ord. No. 513, § 12, 8-27-2019)

A.

A use requiring a Conditional Use Permit under this Code which was legally established prior to the effective date of this Code and which did not receive a Conditional Use Permit because it was not then required, shall be deemed an existing conditional use.

B.

Alteration or expansion of an existing conditional use shall be permitted only upon the granting of a Conditional Use Permit as prescribed in this Chapter.

C.

Reconstruction. Reconstruction will be permitted and a Conditional Use Permit shall be required for reconstruction of a use described in subsection A above, and requiring a Use Permit if the structure is destroyed by fire or other calamity, by act of God or by the public enemy, to the extent that the damage does not exceed seventy-five (75) percent of the assessed value of the entire structure based on the assessment roll current immediately prior to the time of damage or destruction of the structure housing the existing approved conditional use. The cost of restoration or reconstruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior to being damaged. Estimates for this purpose shall be made by or shall be reviewed and approved by the Town Engineer and Building Official and shall be based on the minimum cost of construction in compliance with the adopted Town Building Code.

A.

Review By the Planning Commission. The Commission may periodically review any Use Permit to ensure that the conditional use is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.

B.

Revocation. The Commission may hold a hearing to revoke or modify a Use Permit regardless of whether the Use Permit was originally approved by the Director or by the Planning Commission, in compliance with the provisions in this Chapter. At least ten (10) days prior to the hearing, notice shall be given in accordance with Chapter 9.13, Public Hearings and Notice, of this Code, and shall be delivered in writing to the applicant and/or owner of the property for which such Use Permit was granted. Notice shall be deemed delivered two (2) days after being mailed, first class postage, to the owner as shown on the current tax rolls of the County of San Bernardino, and/or the project applicant.

C.

Required Findings. A Conditional Use Permit or Special Use Permit may be revoked or modified by the Planning Commission, or a Special Use Permit by the Director, if any one (1) of the following findings can be made:

1.

That circumstances have changed so that one (1) or more of the findings contained in Section 9.16.090, Required Findings, of this Chapter, can no longer be made;

2.

That the Use Permit was obtained by misrepresentation or fraud;

3.

That the use for which the Use Permit was granted had ceased or was suspended for one hundred eighty (180) calendar days or longer;

4.

That one (1) or more of the conditions of the Use Permit have not been met;

5.

That the use is in violation of any applicable stature, ordinance, law, or regulation; or

6.

That the use permitted by the Use Permit is detrimental to the public health, safety or welfare, or constitutes a nuisance.

(Ord. No. 561, § 4, 2-14-2023)

A Use Permit granted in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application in accordance with the provisions of Section 9.12.200, Permits to Run with the Land, of this Code.

The Use Permit may be conditioned to guarantee performance and provide security in a manner similar to that which is required by Chapter 9.71, Subdivision Regulations, of this Code, for the faithful performance of any or all conditions of approval.

A.

Upon written request received no later than sixty (60) days prior to the original expiration date, the Community Development Director may grant an automatic Extension of Time to an approved Conditional/Special Use Permit, as provided by this Section. The use permit shall be extended beyond the applicable expiration date two (2) years, as specified, for any Conditional Use Permit or Special Use Permit.

B.

The original decision authority may, upon an application being filed sixty (60) days prior to expiration and for good cause, grant a final time extension not to exceed an additional two (2) years. Applications shall be made on a form to be provided by the Planning Division. Upon granting of an extension, the Planning Division, Director, Commission or Council when appropriate, shall ensure that the previously approved project is consistent with all current Development Code provisions and that the findings for approval of a Development in compliance with Section 9.16.080, Required Findings, of this Chapter, can be made.

(Ord. No. 513, § 13, 8-27-2019)

Permits shall not be issued for any use involved in an application for approval of a Use Permit unless and until the same shall have become final, in compliance with Section 9.12.170, Effective Date of Permits, of this Code.