In certain districts, conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special considerations so that they may be located properly with respect to the objectives of the Zoning Code and with respect to their effects on surrounding properties. In order to achieve these purposes, and thus give the district use regulations of this Title additional flexibility necessary to achieve the objectives of this Title, the Planning Commission following a public hearing is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to review by the City Council. (Ord. 527, 8-4-1997)

The Planning Commission, following a public hearing, may grant use permits for such conditional uses in such districts as are prescribed in the district regulations of this Title in accordance with the procedure prescribed in this Code. (Ord. 527, 8-4-1997)

   A.   Application for a use permit shall be made to the Planning Department, which shall include the following data:

      1.   Name and address of applicant.

      2.   Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.

      3.   Address or description of the property.

      4.   Statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with any other data pertinent to the findings prerequisite to the granting of a use permit.

      5.   A drawing of the site and the surrounding area for a distance of at least three hundred feet (300') from each boundary of the site showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners, as shown on the latest adopted assessment roll of Kings County, of all properties shown on the drawing. County Assessor's maps may be used for this purpose.

      6.   Seven (7) copies of a site plan, drawn to scale, which shall indicate clearly and with full dimensions, the following information:

         a.   Dimensions: Lot or site dimensions.

         b.   Floor Plans And Elevations: Preliminary floor plans and front, side and rear elevations of proposed structures, if available.

         c.   All Buildings And Structures: Location, size, height, proposed use.

         d.   Water, Sewer And Drainage Services: The location and size of water, sewer, and drainage service on-site and off-site systems to serve the proposed project.

         e.   Yards: Yards and space between buildings.

         f.   Landscaping Plan And Design: A landscaping plan and design for street frontages, surrounding signs, parking lots and, if necessary, open space areas. Landscaping plans shall include irrigation concept and provisions for maintenance of such landscaped areas.

         g.   Walls And Fences: Location, height and materials.

         h.   Off-Street Parking And Off-Street Loading: Location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

         i.   Access: Pedestrian, vehicular service, points of ingress and egress, internal circulation.

         j.   Signs: Location, size, height and type of illumination, if any, including a multi-tenant sign program as required by Chapter 16 of this Title.

         k.   Lighting: Location and general nature, specifications of hooding devices as necessary to confine lighting spillover to adjacent property. (Ord. 527, 8-4-1997)

   A.   Environmental Assessment: A proposed conditional use permit application shall be considered in relation to requirements of City policy governing the preparation of environmental assessments. The conditional use permit may be approved with conditions that will enable findings that the proposed project will not have a significant adverse physical effect on the environment and that a negative declaration should be prepared which may or may not contain mitigation measures that may become conditions of the conditional use permit.

   B.   Environmental Impact Reports: Where it is determined by the City that an Environmental Impact Report (EIR) is required for a proposed project, action on a proposed site plan shall be deferred until such time as the EIR has been prepared and reviewed pursuant to provisions of the City's guidelines and State law. The Planning Commission shall, at the completion of said EIR review, attach such conditions to the approval of the conditional use permit as in their judgement will mitigate or reduce to acceptable levels any of the environmental impacts identified during review of the EIR. The Planning Commission may deny a conditional use permit if it is found that such mitigation or reduction of environmental impacts is not feasible. (Ord. 527, 8-4-1997)

   A.   A public hearing shall be held by the Commission not less than ten (10) nor more than forty (40) days after the filing of a complete application for a conditional use permit, notice of which shall be given in the manner prescribed in subsection 11-19-6C of this Chapter.

   B.   An application shall not be deemed complete until all applicable fees have been paid and the environmental assessment as described in Section 11-19-4 of this Chapter has been completed and accepted by the Planning Director.

   C.   At the public hearing, the Commission shall review the application and the statement and drawing submitted therewith, and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 11-19-4 of this Chapter.

   D.   The public hearing shall be conducted in accordance with the rules and procedures specified in Section 11-19-7 of this Chapter. (Ord. 527, 8-4-1997)

   A.   For the purposes of this Chapter, any proposal for a conditional use permit or amendment or modification to a conditional use permit, or revocation or suspension of a use permit, shall be referred to as a "conditional use permit".

   B.   Notice of the time and place of any public hearing on the matter of any conditional use permit shall be given by the Commission or its secretary by at least one publication in a newspaper of general circulation, published and circulated in the City, not less than ten (10) calendar days prior to such hearing and by such other means as the Commission may deem necessary or desirable. The notice shall contain a general explanation of the matter to be considered and a general description of proposed conditional use permit.

   C.   Notice of the time and place of any public hearing on the matter of a conditional use permit shall also be given by the Commission or its secretary by mailing in the United States mail a written notice thereof, not less than ten (10) calendar days prior to such hearing, to all persons, including businesses, corporations or other public or private entities, whose names and addresses appear on the latest equalized assessment roll as owning real property within three hundred feet (300') of the outer boundaries of the parcel of land on which the conditional use permit will be considered; and additionally to the tenants of such property, if they are not the listed property owner within three hundred feet (300') of the outer boundaries of the parcel of land on which the conditional use permit will be considered. The notice shall contain a general explanation of the matter to be considered and a general description of the proposed conditional use permit. (Ord. 527, 8-4-1997)

   A.   The public hearings provided for in this Chapter shall be held at the time and place for which such hearings were set and notices thereof given.

   B.   Any such hearing may be continued by the majority of the members present at any hearing, who may fix a time and place to which such hearing may be continued, even in the absence of a quorum, in which case the presiding officer at such hearing shall publicly announce, prior to the conclusion of the hearing, the time and place to which the hearing is to be continued, and no further notice shall be required. In the absence of all of the members of the Commission at the time and place for which such hearing was set, it shall be deemed continued to the next regular meeting of the Commission, and no further notice shall be required.

   C.   A majority in number of the total voting membership of the Commission shall constitute a legal quorum for the purposes of conducting such hearing.

   D.   The decision of the Commission on any conditional use permit shall be by a resolution of the Commission, carried by the affirmative votes of not less than a majority of its total membership. A tie vote shall be considered a technical denial.

   E.   The Commission shall have the authority to establish any reasonable rules of procedure for the conduct of such hearing. The Commission may cause investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigations may be made by a committee of one or more members of the Commission, or by the members of its staff, or by its agents or employees.

The facts established by such investigations shall be submitted to the Commission, either in writing to be filed with the records of the matter, or in testimony before the Commission, and may be considered by the Commission in making its decision.

   F.   The Commission shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter. (Ord. 527, 8-4-1997)

The Planning Commission, before granting a conditional use permit, shall make all of the following findings:

   A.   That the site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this Title to adjust said use with land and uses in the neighborhood;

   B.   That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

   C.   That the proposed use will have no adverse effect upon adjoining or other properties. In making this determination, the Commission shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings; walls and fences; landscaping; outdoor lighting; signs; and such other characteristics as will affect surrounding property;

   D.   That the proposed use is consistent with the objectives and policies of the Corcoran General Plan, or any specific plans, area plans, or planned developments approved by the City;

   E.   That the conditions established by the Commission for the conditional use permit are deemed necessary to protect the public health, safety and general welfare. Conditions may include the following:

      1.   Requiring special yards, spaces and buffers,

      2.   Requiring fences and walls,

      3.   Requiring enclosure of storage areas and limitation on outdoor display of merchandise,

      4.   Regulation of grading, surfacing, and drainage improvements,

      5.   Regulation of points of vehicular ingress and egress,

      6.   Regulation of signs,

      7.   Requiring landscaping and maintenance thereof,

      8.   Requiring maintenance of grounds,

      9.   Requiring fire prevention equipment and measures,

      10.   Regulation of noise, vibration, odors, etc.,

      11.   Regulation of time (hours or days of operation) for certain activities,

      12.   Establishing a time period within which the proposed use shall be developed,

      13.   Regulation of the time period for which the use permit will be valid and the use may be operated,

      14.   Regulation of lighting,

      15.   Requiring a bond or deposit of money to assure faithful compliance and performance on the part of the applicant for the completion of street improvements and other facilities or the removal of such facilities,

      16.   Requiring street dedications and improvements,

      17.   Requiring site plan review for a use, building or structure, and such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Chapter. (Ord. 527, 8-4-1997)

   A.   The Commission, by written resolution, may approve, approve with conditions, disapprove, or disapprove without prejudice a conditional use permit application. The resolution shall describe the basis for the decision, including whether or not the findings set forth in Section 11-19-8 of this Chapter have been made.

   B.   The Commission shall have thirty (30) days after the conclusion of a public hearing to render its decision on a conditional use permit application. Failure of the Commission to adopt a resolution within the aforementioned thirty (30) day period shall be deemed to constitute a denial of the application.

   C.   The decision of the Commission shall be final unless appealed to the Council in accordance with the procedure specified in Section 11-19-10 of this Chapter.

   D.   The Commission shall cause a copy of its resolution to be mailed to the applicant within ten (10) days from the date of adoption thereof.

   E.   No building permit or business license shall be issued where a conditional use permit has been approved or conditionally approved by the Commission until such permit has been granted by the Commission and after the appeal period has expired and then only in accordance with the terms and conditions of the conditional use permit granted and only if the approval or conditional approval of the conditional use permit by the Commission has not been appealed to the Council pursuant to the procedure specified in Section 11-19-10 of this Chapter. (Ord. 527, 8-4-1997)

   A.   In case the applicant is not satisfied with the action of the Commission he may, within ten (10) days after the date of mailing as shown by the postmark of the resolution mentioned in subsection 11-19-9D of this Chapter, or within ten (10) days after the expiration of the thirty (30) day period mentioned in subsection 11-19-9B of this Chapter, file in writing with the City Clerk an appeal to the Council. Said appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission, or whereby its decision is not supported by the evidence in the record.

   B.   In case any party other than the applicant, including the Planning Director, is not satisfied with the action of the Commission he/she may, within ten (10) days after the date of adoption of the resolution of the Commission, or within ten (10) days after the expiration of the thirty (30) day period mentioned in subsection 11-19-9B of this Chapter, file in writing with the City Clerk an appeal to the Council. Said appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission, or whereby its decision is not supported by the evidence in the record.

   C.   The Council shall set a date for a public hearing on the appeal and shall post notices as set forth in Section 11-19-6 of this Chapter. The date for the public hearing shall not be less than ten (10) nor more than thirty (30) days from the date on which the appeal was filed.

   D.   Notice shall also be given to the Commission of such appeal, and the Commission shall submit a report to the Council setting forth the reason for its action or shall be represented at the hearing.

   E.   The Council may affirm, reverse or modify a decision of the Commission; provided, however, that if a decision denying a conditional use permit is reversed or a decision granting a use permit is modified, the Council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a conditional use permit as prescribed in Section 11-19-8 of this Chapter.

   F.   The Council shall render its decision by resolution within thirty (30) days after the conclusion of the public hearing held on the appeal. Failure of the Council to adopt a resolution within the aforementioned thirty (30) day period shall be deemed to constitute a denial of the appeal.

   G.   The Council shall cause a copy of its resolution to be mailed to the applicant within ten (10) days from the adoption thereof.

   H.   The decision of the Council shall be final, and shall have immediate effect. (Ord. 527, 8-4-1997)

   A.   A conditional use permit shall lapse and become void one year following the date on which the conditional use permit became effective unless by conditions of the conditional use permit a lesser or greater time is prescribed, or unless, prior to the expiration, either the use is being diligently pursued in accordance with the conditional use permit, or a building permit is issued by the Building Official and construction is commenced and is being diligently pursued in accordance with the conditional use permit. A conditional use permit may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that an application for renewal is filed with the Commission prior to the expiration of the time period granted. The Commission, pursuant to the procedure set forth in Section 11-19-9 of this Chapter, may grant or deny an application for renewal.

   B.   A conditional use permit shall lapse and become void if there is a discontinuance for a continuous period of six months of the exercise of rights granted under said permit. A conditional use permit may be renewed for an additional period of time as may be specified by the Commission, provided that an application for renewal is filed with the Commission prior to the expiration of the aforementioned one- year period. The Commission, pursuant to the procedure set forth in Section 11-19-9 of this Chapter, may grant or deny an application for renewal. (Ord. 527, 8-4-1997)

Within ten (10) days of the approval or conditional approval of a conditional use permit, the City Clerk shall indicate on the Official Zone Map the lot or lots affected by said permit. The indication shall show the number of the resolution adopting said permit. (Ord. 527, 8-4-1997)

A conditional use permit may be revoked or modified in the manner and under the conditions set forth in Section 11-19-9 of this Chapter. (Ord. 527, 8-4-1997)

Should the Planning Commission deny an application for a use permit, no application for a use permit for the same or substantially the same use on the same or substantially the same site shall be filed within six (6) months from the date of denial or revocation of the use permit, except when the Planning Commission denies "without prejudice". (Ord. 527, 8-4-1997)

   A.   A use permit granted pursuant to the provisions of this Chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.

   B.   Any expansion of the use or structures or area associated with such use not originally approved in the conditional use permit shall require a modification to the conditional use permit pursuant to Section 11-19-7 of this Chapter. (Ord. 527, 8-4-1997)

   A.   A use permit granted under the provisions of this Chapter or a conforming conditional use established prior to the enactment of this Title may be revised as to features of the site plan previously approved, provided that such revisions are minor, as determined by the Planning Director. Application for minor revisions to the site plan shall be made in writing, including two (2) copies no larger than eleven by seventeen (11 x 17) of the revised site plan, to the Planning Director. The Planning Director may approve such revisions, if the Planning Director can determine that the revisions will not substantially change the intensity or character of the use as previously approved by the Planning Commission.

      1.   Such minor revisions shall be reduced to writing and included as a notation of amendment to such use permit.

      2.   The applicant for such minor amendment shall be informed as to the decision of the Planning Director within fifteen (15) working days after the decision of the Planning Director.

      3.   The Planning Director shall report to the Planning Commission at their next regular meeting as to the scope of the minor revision and the findings that allowed such minor revision. (Ord. 527, 8-4-1997)