The intent and purpose of this Chapter is to recognize that certain uses, although suitable for inclusion in the list of uses allowable in a zoning district, are not always appropriate in every location and circumstance, due to their particular characteristics, nature, intensity or size. Uses requiring a Conditional Use Permit are considered to have a moderate to high potential for adverse impacts to the subject site or surrounding community due to their nature of the use or its operational characteristics.

This Chapter establishes the procedures, findings and enforcement measures for those uses listed as conditional uses in the individual zoning districts. The Conditional Use Permit process provides a means to evaluate such proposals to determine the compatibility of the proposed conditional use with surrounding uses at the given location and to establish appropriate controls and/or design features to ensure compatibility.

The Planning Commission shall have the authority to approve, conditionally approve, or deny an application for a Conditional Use Permit.

Uses, programs or development standard modifications with a relatively moderate potential for adverse impacts are considered minor Conditional Use Permits. Uses with a relatively high potential for adverse impacts are considered major Conditional Use Permits. Major Conditional Use Permits shall be processed in accordance with Section 9.61.040. Minor Conditional Use Permits shall be processed in accordance with Section 9.65.040.

Notice for a public hearing to consider a Conditional Use Permit shall be provided pursuant to Section 9.61.050.

Notice of the Planning Commission's decision shall be filed with the City Clerk not more than 15 days following the Commission's decision, and a copy of the decision shall be sent to the applicant by certified mail, return receipt requested.

An order by the Planning Commission granting or denying a major or minor Conditional Use Permit shall become effective immediately.

A major Conditional Use Permit or minor Conditional Use Permit that is valid and in effect and granted pursuant to the provisions of this Code shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land unless a time limitation for the permit is specified as a condition of approval.

Whenever a major Conditional Use Permit or minor Conditional Use Permit is granted or modified and is subject to one or more conditions, the Planning Commission may require that the applicant to whom the permit was granted file with the City a surety bond, a corporate surety bond, a deposit of money, savings and loan certificates, or other surety in an amount prescribed for the purpose of guaranteeing the faithful performance of the condition(s). Any such deposits or guarantees shall be subject to and in compliance with the provisions and conditions of the Municipal Code of the City. The applicant shall also record the granting of the major or minor Conditional Use Permit and its conditions with the County Recorder and shall provide proof of that recordation to the Director of Community Development.

The expiration and extension of any minor or major Conditional Use Permit shall be in accordance with the limitations and procedures specified in Section 9.61.130.

Neither the provisions of this Code nor the granting of any major or minor Conditional Use Permit authorizes or legalizes the maintenance of a nuisance.