46 - CONDITIONAL USE PERMITS
A.
Special impact or uniqueness. Conditional uses are those that have a special impact or uniqueness so that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location.
B.
Protect the integrity and character of the city. This chapter provides a process for reviewing Conditional Use Permit applications to allow for specified activities and uses as identified in the various zoning districts as requiring a Conditional Use Permit. These provisions are intended to protect the integrity and character of the residential, commercial, industrial, and mixed-use areas of the city, consistent with the objectives, policies, general land uses, and implementation programs of the General Plan. This chapter also ensures adequate review and input for development projects that potentially impact the community, and adequate review to ensure that development in each zoning district protects the integrity of that district.
C.
Weighing the public need and benefit. A project requiring Conditional Use Permit approval is reviewed as to its location, design configuration, and potential impacts by comparing the project to established standards. The purpose of the review is to determine whether the permit should be approved by weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause.
(Ord. 2043 § 1 (part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
No use shall be established in any structure or on real property, nor shall any structure be constructed, created, enlarged, erected, installed, or placed on any site for which a Conditional Use Permit is required, in compliance with Article 2, (Zoning Districts), until the Conditional Use Permit has been granted, except as otherwise specified by Section 21.14.030.C.4 (Administrative authority).
(Ord. 2043 § 1 (part), 2004; Ord. No. 2213, § 12, 11-1-2016; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
A.
Filing. An application for a Conditional Use Permit shall be filed with the Community Development Department in compliance with Chapter 21.38, (Application Filing, Processing and Fees).
B.
Contents. The application shall be accompanied by detailed and fully dimensioned site plans, and/or any other data/materials identified in the Community Development Department handout for Conditional Use Permit applications.
C.
Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 21.46.040, (Findings and decision), below.
D.
Project review procedures. Following receipt of a completed application, the Community Development Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
E.
Notice and hearings.
1.
A public hearing shall be required for the Planning Commission's decision on a conditional use permit application.
2.
A public hearing shall be scheduled once the Community Development Director has deemed the application complete.
3.
Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64 (Public Hearings).
4.
A Notice of Decision shall be provided for Administrative Conditional Use Permits in compliance with Chapter 21.38 (Application Filing, Processing, and Fees).
(Ord. 2043 § 1 (part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
A.
Approval may be granted by the appropriate decision-making body, of an Administrative Conditional Use Permit or Conditional Use Permit application in accordance with this Chapter if all of the following findings are made:
1.
The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code;
2.
The proposed use is consistent with the General Plan;
3.
The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;
4.
The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate;
5.
The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; and
6.
The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(Ord. 2043 § 1 part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
Applications for Conditional Use Permits that include development plans shall not require a separate site and architectural review permit application but are subject to site and architectural review in compliance with Chapter 21.42, which is herein incorporated by reference.
(Ord. 2043 § 1 (part), 2004).
In approving an Administrative Conditional Use Permit or Conditional Use Permit application, the Community Development Director or Planning Commission (or City Council, upon appeal) may impose reasonable and necessary specific design, locational, and operational conditions relating to both on- and off-site improvements, which are intended to ensure that:
A.
Compliance with findings. The project will comply with all of the findings listed in Section 21.46.040, above;
B.
On- or off-site improvements. On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic control devices, etc.) are provided to carry out the purpose and requirements of the applicable zoning district; and
C.
Time limits. Any time limits on the duration of the use are provided as determined to be necessary by the Community Development Director or Planning Commission.
(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed § 21.46.070, which pertained to special findings for liquor establishments and derived from Ord. 2043 § 1(part), adopted 2004; Ord. No. 2213, § 13, adopted Nov. 1, 2016; and Ord. No. 2266, § 4, adopted Sep. 1, 2020.
A.
Written notification to applicant. The Community Development Director shall give written notification of his or her decision or the decision of the Planning Commission to the applicant.
B.
Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits imposed by the Community Development Director or the Planning Commission.
(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on an Administrative Conditional Use Permit or Conditional Use Permit application.
(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
46 - CONDITIONAL USE PERMITS
A.
Special impact or uniqueness. Conditional uses are those that have a special impact or uniqueness so that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location.
B.
Protect the integrity and character of the city. This chapter provides a process for reviewing Conditional Use Permit applications to allow for specified activities and uses as identified in the various zoning districts as requiring a Conditional Use Permit. These provisions are intended to protect the integrity and character of the residential, commercial, industrial, and mixed-use areas of the city, consistent with the objectives, policies, general land uses, and implementation programs of the General Plan. This chapter also ensures adequate review and input for development projects that potentially impact the community, and adequate review to ensure that development in each zoning district protects the integrity of that district.
C.
Weighing the public need and benefit. A project requiring Conditional Use Permit approval is reviewed as to its location, design configuration, and potential impacts by comparing the project to established standards. The purpose of the review is to determine whether the permit should be approved by weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause.
(Ord. 2043 § 1 (part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
No use shall be established in any structure or on real property, nor shall any structure be constructed, created, enlarged, erected, installed, or placed on any site for which a Conditional Use Permit is required, in compliance with Article 2, (Zoning Districts), until the Conditional Use Permit has been granted, except as otherwise specified by Section 21.14.030.C.4 (Administrative authority).
(Ord. 2043 § 1 (part), 2004; Ord. No. 2213, § 12, 11-1-2016; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
A.
Filing. An application for a Conditional Use Permit shall be filed with the Community Development Department in compliance with Chapter 21.38, (Application Filing, Processing and Fees).
B.
Contents. The application shall be accompanied by detailed and fully dimensioned site plans, and/or any other data/materials identified in the Community Development Department handout for Conditional Use Permit applications.
C.
Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 21.46.040, (Findings and decision), below.
D.
Project review procedures. Following receipt of a completed application, the Community Development Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
E.
Notice and hearings.
1.
A public hearing shall be required for the Planning Commission's decision on a conditional use permit application.
2.
A public hearing shall be scheduled once the Community Development Director has deemed the application complete.
3.
Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64 (Public Hearings).
4.
A Notice of Decision shall be provided for Administrative Conditional Use Permits in compliance with Chapter 21.38 (Application Filing, Processing, and Fees).
(Ord. 2043 § 1 (part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
A.
Approval may be granted by the appropriate decision-making body, of an Administrative Conditional Use Permit or Conditional Use Permit application in accordance with this Chapter if all of the following findings are made:
1.
The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code;
2.
The proposed use is consistent with the General Plan;
3.
The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;
4.
The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate;
5.
The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; and
6.
The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(Ord. 2043 § 1 part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
Applications for Conditional Use Permits that include development plans shall not require a separate site and architectural review permit application but are subject to site and architectural review in compliance with Chapter 21.42, which is herein incorporated by reference.
(Ord. 2043 § 1 (part), 2004).
In approving an Administrative Conditional Use Permit or Conditional Use Permit application, the Community Development Director or Planning Commission (or City Council, upon appeal) may impose reasonable and necessary specific design, locational, and operational conditions relating to both on- and off-site improvements, which are intended to ensure that:
A.
Compliance with findings. The project will comply with all of the findings listed in Section 21.46.040, above;
B.
On- or off-site improvements. On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic control devices, etc.) are provided to carry out the purpose and requirements of the applicable zoning district; and
C.
Time limits. Any time limits on the duration of the use are provided as determined to be necessary by the Community Development Director or Planning Commission.
(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed § 21.46.070, which pertained to special findings for liquor establishments and derived from Ord. 2043 § 1(part), adopted 2004; Ord. No. 2213, § 13, adopted Nov. 1, 2016; and Ord. No. 2266, § 4, adopted Sep. 1, 2020.
A.
Written notification to applicant. The Community Development Director shall give written notification of his or her decision or the decision of the Planning Commission to the applicant.
B.
Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits imposed by the Community Development Director or the Planning Commission.
(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on an Administrative Conditional Use Permit or Conditional Use Permit application.
(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)