The purpose of this chapter is to establish procedures for processing conditional use permits and temporary use permits. Certain uses listed in districts in this title are permitted subject to receiving a conditional use permit. Because of their unusual characteristics, or unique area in which they are proposed, these uses require special consideration so that they may be located properly with respect to the purpose and objectives of this title and with respect to their effects on surrounding properties. (Ord. 2025-01 § 2 (Exh. 1), 2025)

An application for a conditional use permit shall be made to the planning department on a form prescribed by the department. The application shall be accompanied by a fee set by resolution of the city council. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Upon receipt of a conditional use permit application and making a determination that the application is complete and meets city standards, the planning department shall prepare a notice for a public hearing consistent with the requirements contained in Chapter 17.05 (Public Hearings). The application shall include the following information:

A.    Name and address of applicant.

B.    Statement that the applicant is the owner of the property, or is the authorized agent of the owner.

C.    A site plan, drawn to scale, which shall show the following:

1.    Lot and building dimensions.

2.    All buildings and structures: location, size, height, and proposed use.

3.    Yards and space between buildings.

4.    Walls and fences: location, height and materials.

5.    Off-street parking and loading: location, number of spaces, dimensions of spaces, and internal circulation pattern, consistent with standards contained in Chapter 17.49 (Auto and Bicycle Parking and Loading).

6.    Access: pedestrian, vehicular and service. Points of ingress and egress.

7.    Signs: location, size, height, and type of illumination, consistent with standards contained in Chapter 17.51 (Signs and Advertising).

8.    Lighting: location and general nature.

9.    Street dedication and improvements.

10.    Landscaping and irrigation: location and type, consistent with standards contained in Chapter 17.47 (Landscaping and Irrigation).

D.    Where new construction or significant remodeling is proposed, preliminary floor plans and front, side and rear elevations of the proposed structures. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Upon receipt the planning director shall review the application and determine whether it is complete, and shall notify the applicant of any discrepancies or additional information required to properly analyze the request. The planning director shall also make a determination regarding any review of potential environmental impacts associated with the project, as required by the California Environmental Quality Act.

The planning director shall then make an investigation of the application and shall prepare a report thereon which shall be submitted to the planning commission, including a recommendation as to the action to be taken by the planning commission and a statement supporting such recommendations. (Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning department shall prepare a report on the conditional use permit application that provides a recommendation based on the following findings:

A.    That the location of the proposed use is in accordance with the purpose and objectives of this title and the purpose of district in which the subject site is located.

B.    That the location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to properties or improvements in the vicinity.

C.    That the proposed use will not have a significant impact on the environment, or that any significant impacts will be mitigated or acknowledged.

D.    That the proposed use will comply with applicable provisions contained in this title.

E.    That the proposed use is consistent with the Dinuba general plan.

F.    That the site for the proposed site is adequate in size, shape and location to accommodate the use in the district for which it is proposed. (Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning commission shall conduct a public hearing for the proposed conditional use permit, consistent with the procedure established in Chapter 17.05 (Public Hearings). Following the public hearing, the planning commission shall take action on the conditional use permit. The commission can approve, approve with conditions or deny the conditional use permit based on the findings listed above. The commission’s decision is final unless appealed to the city council, consistent with the procedure established in Chapter 17.63 (Appeals).

Within ten days of adopting a resolution on the conditional use permit, the commission shall transmit a copy of its resolution to the applicant. (Ord. 2025-01 § 2 (Exh. 1), 2025)

The planning commission can approve a conditional use permit subject to conditions. Conditions may involve the operation of the use, maintenance of the property or specific aspects associated with the development, including storage and display of goods, grading, surface and drainage improvements; vehicular ingress and egress; parking and loading; landscaping and irrigation and maintenance thereof; regulation of light, vibration, odors, and noise; appearance of buildings, grounds, signs, and other structures; street dedication and improvements; and hours of operation. In cases where certain improvements may be phased over time, Dinuba may request a bond or monetary deposit to ensure faithful performance on the part of the applicant. The value of the bond or deposit shall be determined by the city engineer.

Conditions set forth for a conditional use permit can only be required in order to achieve the purpose and objectives of this title. Conditions which require dedication of land for a purpose not reasonably related to the use of the property shall be prohibited. (Ord. 2025-01 § 2 (Exh. 1), 2025)

A conditional use permit shall lapse and become void one year from the date it became effective, unless by conditions of the use permit a greater time is allowed, or unless a building permit is issued by the chief building official and construction on the use has commenced. (Ord. 2025-01 § 2 (Exh. 1), 2025)

A conditional use permit for which no building permit or business license has been issued may be renewed in increments of one year, not to exceed three one-year extensions; provided, that prior to the one-year expiration, an application for renewal is filed with the planning department. The planning commission by resolution may approve, approve with conditions or deny the renewal application. (Ord. 2025-01 § 2 (Exh. 1), 2025)

Where the city finds that a use operating under a conditional use permit is not complying with the conditions of that use permit, the operation of the use shall be suspended. Within sixty days of the suspension, the planning commission shall hold a public hearing on the conditional use permit. Based on a report from the planning department, findings contained in Section 17.57.050, and testimony from the public, the commission may revoke the conditional use permit with conditions that may be necessary to assure compliance with the purpose and objectives of this title. The commission’s decision shall be final unless appealed to the city council consistent with the requirements contained in Chapter 17.63 (Appeals). (Ord. 2025-01 § 2 (Exh. 1), 2025)

Following the denial or revocation of a conditional use permit, no application for the same or substantially the same conditional use permit shall be filed within one year of the date of denial or revocation. (Ord. 2025-01 § 2 (Exh. 1), 2025)

A conditional use permit shall run with the land and shall continue to be valid upon change of ownership of the property or structure that was the subject of the use permit application.

Exhibit 57-1: Conditional Use Permit Process

(Ord. 2025-01 § 2 (Exh. 1), 2025)