Lathrop City Zoning Code

In certain districts, conditional uses are permitted subject to the granting of a use permit. Because of their unusual characteristics, conditional uses require special considerations so that they may be located properly with respect to the objectives of the zoning code and their effects on surrounding properties. In order to achieve these purposes, and thus give the district use regulations of this title additional flexibility necessary to achieve the objectives of this chapter, the planning commission is empowered to grant or to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

The planning commission may grant use permits for such conditional uses in such districts as are prescribed in the district regulations of this title, in accordance with the procedure prescribed in this chapter.

Application for a use permit shall be made to the planning department, which shall include the following data:

The planning director shall give written notice to the applicant of the time when the application will be considered by the commission.

In approving a conditional use permit, the planning commission shall state those conditions of approval necessary to protect the public health, safety and general welfare. Such conditions may cover any of the considerations listed in Section 17.100.040.

Before a building permit shall be issued for any building or structure proposed as part of the approved conditional use permit application, the planning director shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission.

A use permit shall lapse and shall become void 36 months following the date on which the use permit became effective unless by conditions of the use permit, a lesser or greater time is prescribed in accordance with Section 17.112.110, or unless prior to the expiration of 36 months, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. A use permit may be renewed for an additional period of 12 months or for a lesser or greater period as prescribed in Section 17.112.110, provided that, prior to the expiration of the time period granted, an application of renewal of the use permit is filed with the planning department. The planning commission may grant or deny an application for renewal of a use permit. Notwithstanding, if a development agreement has been adopted for a subject site, the expiration date of subsequent project approvals may be set forth in the development agreement.

The period of time specified in this section shall not include any period of time in which the city is precluded from approving discretionary permits, discretionary entitlements, and/or ministerial permits related to urban level flood protection pursuant to Government Code Section 65962.

The planning commission or city council may establish a lesser or greater time limit than that provided by Section 17.12.090, within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the commission or council shall be reasonable, based on the size, nature and complexity of the proposed development. The time limit may be extended by the commission or council for good cause, such as proof of an unusual hardship not of the applicant's own making.

Upon violation of any applicable provisions of this chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically. Notice of such suspension shall be sent immediately to the person or persons responsible for noncompliance by the planning department. Within 30 days of the suspension, the city council shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the city council may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.

The location of a conditional use permit shall be indicated on a map maintained for the purpose of identifying the location of such permit. The location shall be indicated by the use permit number (for example, CUP ________) on or pointing to the site.

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six months from the date of denial or revocation of the use permit, except when the city council has acted to deny "without prejudice."

A use permit granted pursuant to the provisions of this chapter shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.

A use permit granted under the provisions of this chapter or a conforming conditional use established prior to the enactment of this chapter may be revised; provided, that such revisions are minor, as determined by the planning commission. Application for minor revisions shall be made in writing. The commission may approve such revisions without public hearing, provided that the commission can determine that the revisions will not substantially change the intensity or character of the use as previously approved by the city.

Appeal of the approving authority's action on the request for conditional use entitlement shall be made in accordance with the procedures specified in Chapter 17.125, Appeals.