Fountain Valley City Zoning Code
CHAPTER 21
36 CONDITIONAL USE PERMITS
§ 21.36.010 Purpose.
(a)
Review Process. This chapter provides a process for reviewing conditional use permit applications which are intended to allow for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location.
(b)
Ensure Compatibility. Applications for conditional use permits shall be reviewed for the configuration, design, location and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site, to ensure the protection of the public convenience, health, interest, safety and welfare.
(Ord. 1308 § 5, 2000)
§ 21.36.020 Applicability.
§ 21.36.030 Review authority.
The commission shall approve, approve with conditions or disapprove conditional use permit applications and impose conditions necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety or welfare, and necessary to make the findings required by Section 21.34.050 (Findings and decision) of this title.
(Ord. 1308 § 5, 2000)
§ 21.36.040 Application filing, processing and review.
(a)
Filing. An application for a conditional use permit shall be filed with the department in compliance with Chapter 21.32 (Applications, Processing and Fees) of this title.
(b)
Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans and/or any other data/materials identified in the department handout for conditional use permit applications.
(c)
Project Review Procedures. Following receipt of a completed application, the 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.
(Ord. 1308 § 5, 2000)
§ 21.36.050 Findings and decision.
The commission, or the council on appeal, shall record the decision in writing with the findings on which the decision is based. The conditional use permit shall be approved, with or without conditions, only if the following findings of fact can be made in a positive manner:
(1)
The proposed use is allowed within the respective zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this title and this code;
(2)
The proposed use would be consistent with the actions, goals, objectives and policies of the general plan and any applicable specific plan;
(3)
The design, location, shape, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity;
(4)
The subject site is physically suitable for the type and density/intensity of use being proposed including the provision of public access (e.g., width and pavement type), facilities and utilities (e.g., drainage, fire protection, sewers, water), shape, size, the absence of physical constraints and compatibility with adjoining land uses;
(5)
Granting the conditional use permit would not be detrimental to the public convenience, health, interest, safety or welfare, or injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and
(6)
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city's environmental review procedures.
(7)
The applicant has demonstrated his understanding of the conditions imposed in any conditional use permit granted to him and has agreed on the record to abide by those conditions.
(Ord. 1308 § 5, 2000)
§ 21.36.060 Conditions of approval.
In approving a conditional use permit, the commission may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to:
(1)
Compliance with Chapter. Ensure compliance with the general purpose of this chapter, the actions, goals, objectives and policies of the general plan, and any applicable specific plan;
(2)
Compliance with Findings. Ensure that the approval would be in compliance with the findings required by Section 21.34.050 (Findings and decision) of this title;
(3)
Protect Interests. Protect the best interests of the surrounding property or neighborhood;
(4)
Acknowledgment.
(A)
Ensure that the applicant acknowledges receipt, full understanding and agreement with all of the conditions before issuance of the conditional use permit.
(B)
By signing the written acknowledgment, the applicant acknowledges acceptance of the benefits of the conditional use permit and agrees to waive any right to later challenge any condition(s) imposed as unfair, unnecessary or unreasonable.
(5)
Indemnification. Ensure protection of the city by authorizing the commission to impose a condition requiring the applicant to agree to indemnify and defend the city, its officers, employees and agents from liability arising out of the approved use.
(Ord. 1308 § 5, 2000)
§ 21.36.070 Post approval procedures.
(a)
Procedures. Procedures relating to appeals, changes, performance guarantee, revocation and time extensions, as identified in Chapter 21.32. through 21.50 of this title, in addition to those identified in Chapter 21.54 (Entitlement Implementation, Time Limits and Extensions) of this title, shall apply following the approval of a conditional use permit application.
(b)
Run with the Land.
(1)
Continue to Be Valid. A conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.
(2)
Resolution Review. In addition to securing a business license, any new applicant seeking to operate a previously approved use in substantial compliance with an existing conditional use permit shall submit a project description (e.g., narrative and/or a site and floor plan) to the director ensuring that the new operation would be in compliance with the previous use and that the new applicant agrees to operate in full compliance with the previously issued conditions of approval. A fee may be imposed for the review of the project description and conditions of approval subject to the council's fee resolution.
(c)
Substantial Compliance. Once approved by the commission, the design and general appearance (e.g., colors, materials, etc.) of the approved structure(s)/improvements shall not be substantially altered. Substantial changes shall require commission review and approval before construction.
(Ord. 1308 § 5, 2000)
§ 21.36.080 Conditional use permit violations.
It is unlawful for any owner, operator, tenant or other person in control of property within the city for which the standards set forth in this chapter apply, to operate a business or land use in a zone requiring a conditional use permit without such a permit, or to fail to comply with each and every condition of that conditional use permit.
(Ord. 1358 § 10, 2004)