Conditional uses are unique, and their effect on the surrounding environment cannot be determined prior to 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 it to established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the benefit(s) to the community against the resulting negative impacts.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

An application for a conditional use permit shall be filed in a manner consistent with the requirements contained in chapter 9.55 (Applications and Fees).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Each conditional use permit application shall be analyzed to ensure that the application is consistent with the intent and 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 design review committee prior to approval by the commission. Additionally, each application which may involve any grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer, and approval by the commission. Large family day care homes have specific conditional use permit procedures and standards; refer to section 9.10.020(b)(4).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon receipt in proper form of a conditional use permit application, a public hearing shall be set and notice of the hearing given in a manner consistent with chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Following a hearing, the commission shall record the decision in writing and shall recite therein the findings upon which the decision is based. The 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)

That the proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this code.

(b)

That the proposed use is consistent with the general plan.

(c)

That the approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Article 6 of the Municipal Code.

(d)

That the location, size, design, and operating characteristics of the proposed use are compatible with the existing and known future land uses and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the city.

(e)

That the proposed use would not impair the integrity and character of the zoning district in which it is to be located.

(f)

That the subject site is physically suitable for the type and intensity of use being proposed.

(g)

That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use will not be detrimental to public health and safety.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

No permit shall 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, pursuant to section 9.56.040 (Effective Date).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A conditional use permit shall be exercised within one year from the date of approval or the permit shall become null and void.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The commission may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed six months. Upon granting the extension, the commission shall ensure that the conditional use permit complies with all current Code provisions.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The commission may hold a hearing to revoke or modify a conditional use permit granted pursuant to the provisions of this chapter. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the conditional use permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Orange, and/or the project applicant.

A conditional use permit may be revoked or modified by the commission if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in section 9.48.025 can no longer be made.

(b)

That the conditional use permit was obtained by misrepresentation or fraud.

(c)

That the use for which the conditional use permit was granted had ceased or was suspended for six or more consecutive calendar months.

(d)

That one or more of the conditions of the conditional use permit have not been met.

(e)

That the use is in violation of any statute, ordinance, law, or regulation.

(f)

That the use permitted by the conditional use permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A conditional use permit granted pursuant to the provisions of this chapter 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. The new owner/operator shall file for, and receive approval of, a certificate of occupancy, and agree, in writing, to all applicable conditions and operating standards prior to re-opening under the new ownership.

(Ord. No. 98-193, §§ 1—4, 10-19-98)