The purpose of the conditional use permit is to allow proper integration of uses into the community which may only be suitable in specific locations, or only if such uses are designed or constructed in a particular manner on the site, and under certain conditions.

(Prior code § 9271.1)

The planning commission shall have the authority, subject to the procedure set forth herein, to grant a conditional use permit. (See Exhibit 17.70.020, Conditional Use Permit Process.)

(Prior code § 9271)

EXHIBIT 17.70.020

CONDITIONAL USE PERMIT PROCESS
City of Montebello

The requirement to obtain a conditional use permit shall include, but not be limited to, private concerns occupying or using city-owned property in any zone, when the occupancy or use would otherwise require a conditional use permit. See Appendix A, Index of Permitted Uses, for specific uses allowed with a conditional use permit.

(Prior code § 9271.2)

Application for a conditional use permit shall be made by the property owner or an authorized agent, to the planning commission, on a form provided for the purpose by the city. The application shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Prior code § 9271.3)

An application for a conditional use permit shall be accompanied by maps showing the subject property as well as the surrounding areas, plot plans of the subject property showing all existing and proposed buildings and uses, a list of names and addresses of all surrounding property owners as set forth in Chapter 17.78 of this code and such data as may be required by the city planner to adequately present the application to the commission.

(Prior code § 9271.4)

The city planner sets the request for conditional use permit for a public hearing before the planning commission in the manner specified in Chapter 17.78 of this code.

(Prior code § 9271.5)

Before any conditional use permit shall be granted, all of the following findings must be made:

A.

That the site for the proposed use is adequate in size and shape;

B.

That the site has sufficient access to streets and highways, and is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use;

C.

That the proposed use will not have an adverse effect upon adjacent or abutting properties; and

D.

That the proposed use is consistent with the objectives of the community redevelopment project area in which the site is located.

(Ord. 2120 § 8, 1995; prior code § 9271.6)

The commission may grant a conditional use permit subject to such conditions as the commission finds are warranted by the circumstances involved. These conditions may include the dedication and development of streets adjoining the property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificate of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.

(Prior code § 9271.8)

Before any conditional use permit granted according to the provisions hereof shall become effective, the applicant must file a written statement, in the form to be prescribed by the city planner acknowledging and accepting all of the conditions, if any, imposed upon such conditional use permit. Failure to file such written statement with the city planner within thirty days after notice shall automatically terminate the conditional use permit.

(Prior code § 9271.13)

The requirements of this title relating to yard, building and structure height, area and off-street parking requirements, for any use for which a conditional use permit is required, shall be observed, except where the commission and/or council finds that specific alterations and/or exemptions are reasonable and are required to be made.

(Prior code § 9271.14)

A.

Within twenty days after completion of the public hearing, the commission shall announce its findings in a formal resolution on a request for a conditional use permit unless an extension of the time has been agreed to by the applicant. The commission may grant, conditionally grant or deny a conditional use permit based on the evidence submitted and its own study and knowledge of the circumstances.

B.

The planning commission resolution shall contain the facts and reasons which, in the opinion of the planning commission, make the granting of the conditional use permit necessary to carry out the general purpose of this code. The resolution shall set forth those conditions necessary to insure that granting the conditional use permit will not adversely affect the surrounding properties nor the general welfare of the community.

(Prior code § 9271.7)

Not later than seven days following the planning commission's action in granting or denying the conditional use permit, a copy of the resolution shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy.

(Prior code § 9271.9)

Any condition imposed upon the granting of a conditional use permit may be modified or eliminated, or new conditions may be added; provided, that the granting body shall first conduct a public hearing in the same manner as required for the granting of the original permit. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest and/or adjacent or abutting properties; or, in case of deletion of an existing condition, that such action is necessary to permit reasonable operation and use under the conditional use permit.

(Prior code § 9271.12)

The provisions of Chapter 17.78 of this code, regarding appeal of the commission's action and the effective date of approval, shall apply.

(Prior code § 9271.10)

The provisions of Chapter 17.80 of this code, regarding expiration and revocation of a conditional use permit, shall apply.

(Prior code § 9271.11)

Where an application for a zone variance or conditional use permit has been denied by the city council, upon an appeal from a decision of the planning commission, if substantially the same application, relating to the same real property, is refiled, within a period of one year after such denial, the action of the commission, after the conduct of a hearing upon which such application, shall be to recommend to the city council either the approval, denial or conditional approval of such application. The commission's recommendation shall be forwarded to the city council, and the city council, based upon the hearing to be held before it and the commission's recommendations, shall determine whether the application should be approved, disapproved or conditionally approved.

(Prior code § 9271.15)