Imperial Beach City Zoning Code
CHAPTER 19
82 CONDITIONAL USE PERMIT
§ 19.82.010 Purpose of provisions.
The granting of a conditional use permit is a discretionary act which authorizes a particular use at a particular location subject to specific conditions. The conditional use permit procedure is established because of the unusual or unique characteristics of the included uses, the need to give special consideration to the proper location of such uses in relation to adjacent uses, and the lack of criteria for the inclusion of or exclusion of such uses in any existing zone. It is the purpose of this chapter to set forth the findings necessary for such administrative action and to establish a procedure for granting conditional use permits.
(Ord. 601 § 1, 1983; Ord. 94-884)
§ 19.82.030 Application.
Application for a conditional use permit shall be made to the community development department on a form prescribed by the community development department, and shall be accompanied by a coastal development permit application and any other plans and data sufficient to describe the proposed use and any building.
(Ord. 601 § 1, 1983; Ord. 94-884)
§ 19.82.040 Issuance criteria.
After the public hearing, the planning commission may, by resolution, grant a conditional use permit if the commission finds, from the evidence presented in the application or at the hearing, that all of the following facts exist:
A.
That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community;
B.
That such use will not, under the circumstances of the particular use, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
C.
That the proposed use will comply with the regulations and conditions specified in this title for such use and for other permitted uses in the same zone; and
D.
That the granting of such conditional use will be in harmony with the purpose and intent of this code, the adopted general plan and the adopted local coastal program.
(Ord. 601 § 1, 1983; Ord. 94-884)
§ 19.82.050 Approval.
A.
The resolution granting a conditional use permit shall state the reasons relied upon in rendering such decision, and shall include such conditions and safeguards as may be imposed upon the applicant or property.
B.
A copy of this resolution shall be filed with the planning commission and a copy shall be sent to the applicant not later than ten days from the date of such decisions.
C.
The decision of the planning commission shall be final on the eleventh day following the decision, except where an appeal is filed as provided in this chapter.
(Ord. 601 § 1, 1983; Ord. 94-884)
§ 19.82.060 Denial.
A.
After the public hearing, the planning commission may, by resolution, deny a conditional use permit if the commission finds, from the evidence presented in the application or at the hearing, that any or all of the facts, stated in Section 19.82.040. do not exist.
B.
The resolution denying such permit shall state the reasons relied upon in rendering such decision. A copy of this resolution shall be filed with the planning commission and a copy shall be sent to the applicant not later than ten days from the date of such decision.
(Ord. 601 § 1, 1983; Ord. 94-884)
§ 19.82.070 Appeals-Filing.
A.
Any person may appeal the decision of the planning commission granting or denying any conditional use permit or establishing conditions. The appeal shall be in writing and shall be filed with the city clerk within ten days of the decision.
B.
If a valid appeal is filed within the time limit specified, it automatically stops proceedings in the matter until a decision is made by the city council.
(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 97-917 § 3, 1997; Ord. No. 2002-981 § 8, 2002)
§ 19.82.080 Appeals-Hearing.
Upon the filing of an appeal, the city clerk shall set the matter for public hearing in the manner prescribed by the city council. The city clerk shall send the community development department a duplicate copy of the appeal and request the community development department to transmit to the city council a copy of the planning commission decision and findings, minutes of the hearing, and all other maps, exhibits and other evidence upon which the planning commission made its decision.
(Ord. 601, 1983; Ord. 94-884)
§ 19.82.090 Appeals-Decision-Notice.
A.
Upon the hearing of such appeal, the city council may, by resolution, affirm, reverse or modify in whole or in part any determination of the planning commission, subject to the same limitations and requirements of findings as are placed upon the planning commission by this title.
B.
Not later than ten days following the adoption of such resolution, the city clerk shall transmit a copy of the resolutions and findings to the community development department and shall mail a copy to the applicant.
(Ord. 601 § 1, 1983; Ord. 94-884)
§ 19.82.100 Expiration and extension.
Any approval of a conditional use permit shall expire within one year of such approval, except where construction or use of the property in reliance on such conditional use permit approval has commenced prior to its expiration. If construction and use of the property in reliance on a conditional use permit approval has not commenced within the oneyear period, such period may be extended by the planning commission or city council for a period not exceeding six months for each application, up to a maximum of two years from the date or original approval.
(Ord. 756 § 4, 1988; Ord. 94-884)
§ 19.82.120 Review and evaluation.
The community development department shall review and evaluate the requested extension of a conditional use permit. Within thirty days of receipt of an application, the community development department shall set the item for a public hearing for either planning commission or city council consideration.
A.
The planning commission or city council may approve, conditionally approve, or deny, the extension if all of the following are true:
1.
All applicable provisions of this title originally placed on the project as a condition of approval for development are still in force at time of required extension, or that changes in or additions to the resolution of approval have enabled the previously approved project to be in conformance with the code;
2.
That no change in circumstances, which would cause the originally approved conditional use permit to be in substantial conflict with current development regulations, has occurred;
(Ord. 756 § 4,, 1988; Ord. 94-884)