The regulations set forth in this chapter shall apply to the granting of conditional use permits.

(Ord. No. 448, § 3, 6-19-2018)

A.

Certain uses may be permitted by the planning commission and the city council in zones in which they are not permitted by this title where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan.

B.

Except as otherwise provided in this chapter, the procedure for filing of conditional use permit applications, payment of filing fees for such applications, and all associated investigations, notices, public hearings, and appeals shall be the same as provided in Chapter 17.54 for variances.

C.

The planning commission may waive public hearings on an application for a conditional use permit for public utility or public service uses or public buildings, when found to be necessary for the public health, safety, convenience or welfare.

D.

No conditional use permit application shall be deemed complete or processed until the filing fee (which may be in the form of a deposit), as established pursuant to resolution of the city council, has been paid in full.

(Ord. No. 448, § 3, 6-19-2018; Ord. No. 471, § 2, 9-22-2020)

A conditional use permit shall only be granted if the planning commission determines that the project as submitted or as modified conforms to all of the following criteria. If the planning commission determines that it is not possible to make all of the required findings, the application shall be denied.

A.

The use proposed by conditional use permit is consistent with the general plan, any applicable specific plan, and zoned district designation.

B.

The use proposed by conditional use permit is consistent with this Code, including the zoning ordinance.

C.

The use proposed is not detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood.

D.

The proposed use is in compliance with all applicable laws and ordinances.

(Ord. No. 471, § 3, 9-22-2020)

The following uses may be permitted in any zone upon the granting of a conditional use permit:

A.

Airports or aircraft landing fields;

B.

Cemeteries, columbariums, crematories and mausoleums;

C.

Churches or other places used exclusively for religious worship;

D.

City, county, state and federal enterprises, including buildings, facilities and uses of departments or institutions thereof which are necessary to the general welfare of the community;

E.

Day nurseries and nursery schools;

F.

Educational institutions, including schools, elementary or high;

G.

Establishments or enterprises involving large assemblages of people or automobiles, including amusement parks, circuses, carnivals, expositions, fairgrounds, open-air theatres, racetracks, recreational and sport centers;

H.

Hospitals, sanitariums and rest homes, homes for the aged;

I.

Institutions of a philanthropic or eleemosynary nature;

J.

Large-scale neighborhood housing projects having a minimum gross area of twenty (20) acres;

K.

Libraries, museums and private clubs;

L.

Natural resources development, together with the necessary buildings, apparatus or appurtenances, incident thereto, except drilling for or removal of oil, gas or other hydrocarbon substances;

M.

Parks, playgrounds and community buildings;

N.

Public utility or public service buildings, structures and uses;

O.

Radio and television transmitters;

P.

Real estate tract offices and signs;

Q.

Golf courses and country clubs;

R.

Mobile homes and mobile home parks.

(Ord. No. 448, § 3, 6-19-2018)

The following uses may be permitted in the zones indicated in this section upon the granting of a conditional use permit:

A.

Advertising sign boards or structures in the C-1 zone;

B.

Agricultural industries and the processing of agricultural products in the A-2 zone;

C.

Animal hospitals, kennels and veterinaries in the C-2 zone;

D.

Apartment hotels in the R-4 zone;

E.

Automobile trailer courts or mobile home parks in the R-4 zone;

F.

Reserved;

G.

Commercial stockyards and animal slaughter in the A-2 and M-3 zones;

H.

Dairies and livestock feed yards in the M-2, M-3 and A-1 zones;

I.

Dumps and refuse disposal areas in the A-2 and M-3 zones;

J.

Equestrian establishments, including stables, riding academies, schools or amusements, in the C-2 zone;

K.

Fruit, vegetable and meat packing plants in the A-1 and A-2 zones;

L.

Hog ranches in the A-2 zone;

M.

Housing for agricultural workers in the A-1 and A-2 zones;

N.

Mortuaries or funeral parlors in the C-1 and A zones;

O.

Sewer farms and sewage disposal plants in the A-2 and M-3 zones;

P.

Auto spray-painting operations when complementary to adjacent uses;

Q.

Fish farming in the E zone;

R.

Residential care facilities in the R-2, R-3 and R-4 zones.

(Ord. No. 448, § 3, 6-19-2018; Ord. No. 480, § 2, 4-26-2022)

A.

Suspension and revocation authority. The planning commission may suspend or revoke a conditional use permit when the permit holder or anyone acting on the permit holder's behalf has committed any of the following acts or maintained any of the following conditions:

1.

Any action or condition which would be grounds for denial of a conditional use permit.

2.

Any action or condition which constitutes a violation of this chapter, any other applicable provision of the Arvin Municipal Code, or any applicable condition of approval of the conditional use permit.

B.

Suspension and revocation procedures.

1.

Prior to suspending or revoking a conditional permit, the planning commission shall conduct a public hearing to determine whether there is an appropriate basis for suspension or revocation pursuant to subsection (A) above.

2.

Written notice of the public hearing shall be mailed or delivered, at least ten (10) calendar days prior to the hearing, to:

i.

The permit holder, and the permit holder's duly authorized agent;

ii.

The owner of the subject real property as shown on the latest equalized assessment roll, if different than the permit holder, and such owner's duly authorized agent. Instead of using the assessment roll, the city may use records of the Kern County Assessor or Tax Collector if those records contain more recent information than the information contained on the assessment roll;

iii.

Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the subject real property, whose ability to provide those facilities and services may be significantly affected by the proposed suspension or revocation; and

iv.

All owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the subject real property. Instead of using the assessment roll, the city may use records of the Kern County Assessor or Tax Collector if those records contain more recent information than the information contained on the assessment roll. If the number of owners to whom notice would be mailed or delivered is greater than one thousand (1,000), the city, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one (1) newspaper of general circulation within the city at least ten (10) days prior to the hearing.

v.

Any other person or entity entitled to notice pursuant to Government Code Section 65091, as may be amended.

3.

The notice of public hearing shall be published and posted in accordance with Government Code Section 65091, as may be amended.

4.

The notice of public hearing shall include the information required by Government Code Section 65094, as may be amended.

5.

At the date, time and place set forth in the notice of public hearing, the planning commission shall conduct the public hearing and shall entertain all relevant evidence and objections presented. The technical rules of evidence shall not apply. At the conclusion of the public hearing, the planning commission shall render its decision.

6.

The decision of the planning commission shall be appealable to the city council by filing a notice of appeal with the city clerk within fifteen (15) days of the date of the decision. The notice of appeal shall specify the grounds for filing an appeal and shall be accompanied by any applicable fee established by resolution of the city council to cover the costs of processing the appeal.

7.

Within fifteen (15) days of the city clerk's receipt of a completed notice of appeal and payment of any required fees, the appeal shall be set for a hearing before the city council. Notice of the hearing shall be mailed or delivered, at least ten (10) calendar days prior to the hearing, to the persons specified in subsection (B)(2). The notice shall also be published and posted in accordance with subsection (B)(3).

8.

The hearing shall be conducted within forty-five (45) days of the city clerk's receipt of the completed appeal and payment of any required fees.

9.

At the date, time and place set forth in the notice, the city council shall conduct the public hearing and shall entertain all relevant evidence and objections presented. The technical rules of evidence shall not apply. At the conclusion of the public hearing, the city council shall render its decision.

10.

The city council's decision shall constitute a final administrative decision, while shall be subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision.

(Ord. No. 448, § 3, 6-19-2018)