Desert Hot Springs City Zoning Code
CHAPTER 17
76 CONDITIONAL USE PERMITS
§ 17.76.010 Purpose.
Many land uses are or can be made conditionally appropriate, depending on the circumstances at the site and surrounding area; these discretionary determinations are termed “conditional uses.” Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the public need for the benefit to be derived from the use against the impact which it may cause.
(Prior code § 159.36.010; Ord. 782 6-20-23)
§ 17.76.020 Application.
An application for a Conditional Use Permit (CUP) shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees).
(Prior code § 159.36.020; Ord. 782 6-20-23)
§ 17.76.030 Project review.
A.
Conditional Use Permit applications shall be analyzed to assure that the applications are complete and consistent with the intent and the purpose of this chapter. To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Conditional Use Permit shall be reviewed by the Planning Director for completeness prior to Planning Commission review and possible action.
B.
A Conditional Use Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code. Notwithstanding, a Conditional Use Permit may be granted if the application for same includes remedying any and all municipal code violations.
(Prior code § 159.36.030; Ord. 782 6-20-23)
§ 17.76.040 Hearings and notice.
Upon receipt in proper form of a Conditional Use Permit application, staff shall conduct necessary project and environmental reviews and determine the adequacy of the application. Once it is determined that no additional information is required, a hearing shall be set and notice of the Planning Commission hearing given in a manner consistent with Chapter 17.104 (Hearings and Appeals).
(Prior code § 159.36.040; Ord. 782 6-20-23)
§ 17.76.050 Findings.
At the completion of the public hearing, the Planning Commission shall record the decision in writing and shall recite therein the findings upon which such decision is based. The Planning Commission may approve and/or modify a Conditional Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:
A.
The proposed use is consistent with applicable goals and policies of the General Plan;
B.
The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance;
C.
The subject site is physically suitable for the type and intensity of land use being proposed;
D.
The proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located;
E.
The proposed use is compatible in scale, mass, coverage, design, density, and intensity with all adjacent land uses;
F.
There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;
G.
There will be adequate provisions for public access to serve the subject proposal;
H.
The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the surrounding area;
I.
The proposed use is needed or appropriate at the prescribed location, as demonstrated in the market/feasibility study, if required;
J.
There will not be significant harmful effects upon environmental quality and natural resources; and
K.
If there are any negative impacts from the proposed use, they are mitigated to less than a significant impact.
(Prior code § 159.36.050; Ord. 782 6-20-23)
§ 17.76.060 Use of property before final decision.
In no instance shall a permit be issued for any use involved in an application for approval of a Conditional Use Permit until, and unless, the same shall have become final.
(Prior code § 159.36.060; Ord. 782 6-20-23)
§ 17.76.070 Conditional Use Permit expiration/time extension.
A.
Unless otherwise permitted by law, a Conditional Use Permit shall have a maximum term of 5 years from the date of approval.
B.
The initial term of the Conditional Use Permit shall be 2 years.
C.
An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The applicant may request 1 extension at a time for up to 1 year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of 3 years. Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.
D.
Conditional Use Permits which are not exercised by the commencement of construction within 2 years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of 1 year, the Conditional Use Permit shall become null and void, unless extended.
E.
If after issuance of a grading permit, work is discontinued for a period of 6 months, then the Conditional Use Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have 2 years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, or the Conditional Use Permit shall become null and void.
F.
The Conditional Use Permit shall become null and void if the project is not operational by the end of the 5th year from the date of approval of the Conditional Use Permit. In instances where the applicant has made substantial progress in meeting the requirements of the CUP defined as 90% of the project cost, the Director may grant an additional extension to complete the project. Such extension shall not be more than 1 year.
(Prior code § 159.36.070; Ord. 726 10-6-20; Ord. 782 6-20-23)
§ 17.76.080 Modification of Conditional Use Permit.
§ 17.76.100 Revocation.
A.
The City may initiate proceedings to revoke, suspend, or modify a Conditional Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter.
B.
A Conditional Use Permit may be revoked or modified if one or more of the following findings are made:
1.
That circumstances have changed so that one or more of the findings contained in Section 17.96.050 can no longer be made;
2.
The Conditional Use Permit was obtained by misrepresentation or fraud;
3.
The use for which the Conditional Use Permit was granted had ceased or was suspended for 6 or more consecutive calendar months;
4.
One or more of the conditions of the Conditional Use Permit have not been met;
5.
The use or permit holder is in violation of any statute, ordinance, law, or regulation; and
6.
The use permitted by the Conditional Use Permit has subsequently been determined to be detrimental to the public health, safety or welfare or constitutes a nuisance.
(Prior code § 159.36.100; Ord. 695 10-15-19; Ord. 782 6-20-23)
§ 17.76.110 Conditional Use Permit to run with the land.
Conditional Use Permits are granted pursuant to the provisions of this chapter and 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.
(Prior code § 159.36.110; Ord. 782 6-20-23)
§ 17.76.120 Performance guarantee.
At the discretion of the Planning Commission, the developer may be conditioned to provide performance security in a manner similar to Section 16.08.030 for the faithful performance of any or all conditions of approval.
(Prior code § 159.36.120; Ord. 782 6-20-23)