Pleasanton City Zoning Code
CHAPTER 18
124 CONDITIONAL USES
§ 18.124.010 Purpose-Authorization.
In order to give the district use regulations the flexibility necessary to achieve the objectives of this chapter, in certain districts conditional uses are permitted, subject to the granting of a use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of this title, and with respect to their effects on surrounding properties. In order to achieve these purposes, the planning commission is empowered to grant and to deny applications for use permits for such conditional uses in such districts as are prescribed in the district regulations and to impose reasonable conditions upon the granting of use permits, subject to the right of appeal to the city council or to review by the council.
(Prior code § 2-11.03)
§ 18.124.020 Application-Required data and maps.
Application for a use permit shall be filed with the zoning administrator on a form prescribed by the city planning commission and shall include the following data and maps:
A.
Name and address of the applicant;
B.
Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located;
C.
Address or description of the property;
D.
Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in Section 18.124.070 of this article;
E.
An accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance from each boundary of the site determined by the zoning administrator to be necessary to illustrate the relationship to and impact on the surrounding area;
F.
An accurate scale drawing of the site showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, landscaped areas, trees, fences, and walls;
H.
The zoning administrator may require additional information, plans and drawings if they are necessary to enable the commission to determine whether the proposed use will comply with all of the applicable provisions of this chapter. The zoning administrator may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.
(Prior code § 2-11.04(1); Ord. 2155 § 3, 2017)
§ 18.124.030 Application-Fee.
The application shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this chapter, except that there shall be no fee for application for a conditional use in an S district.
(Prior code § 2-11.04(2))
§ 18.124.040 Application-Hearing.
The planning commission shall hold at least one public hearing on each application for a use permit. The hearing shall be set and notice shall be given as prescribed in Section 18.12.040 of this title. At the public hearing the commission shall review the application and the drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 18.124.070 of this article.
(Prior code § 2-11.05; Ord. 1812, 2000)
§ 18.124.050 Investigation and report.
The zoning administrator shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the city planning commission and made available to the applicant prior to the public hearing.
(Prior code § 2-11.06)
§ 18.124.060 Action of planning commission.
Within 40 days following the closing of a public hearing on a use permit application, the city planning commission shall act on the application. The commission may grant by resolution an application for a use permit as the use permit was applied for or in modified form, or the application may be denied. A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; and prescription of development schedules. A use permit may not grant variances to the regulations prescribed by this chapter for fences, walls, hedges, screening, and landscaping; site area, width, frontage, and depth; front, rear, and side yards; basic floor area; height of structures; distances between structures; courts, usable open space; signs; or off-street parking facilities and off-street loading facilities, for which variance procedures are prescribed by Chapter 18.132 of this title.
(Prior code § 2-11.07)
§ 18.124.070 Findings.
The city planning commission shall make the following findings before granting a use permit:
A.
That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located;
B.
That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity;
C.
That the proposed conditional use will comply with each of the applicable provisions of this chapter.
(Prior code § 2-11.08; Ord. 2165 §1, 2017)
§ 18.124.080 Effective date of use permit.
Within 10 days following the date of a decision of the planning commission on a use permit application, the secretary shall transmit written notice of the decision to the city council and to the applicant. A use permit shall become effective 15 days following the date on which the use permit was granted or on the day following the next meeting of the council, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review the decision of the commission. A use permit shall become effective immediately after it is granted by the council.
(Prior code § 2-11.09)
§ 18.124.090 Review or appeal.
The city council may elect to review a decision of the planning commission as prescribed in Section 18.144.010 of this title, or a decision of the commission may be appealed to the city council by the applicant or by any other person as prescribed in Section 18.144.020 of this title. An appeal shall be heard and acted upon as prescribed in Sections 18.144.030 and 18.144.040 of this title.
(Prior code § 2-11.10)
§ 18.124.100 Lapse of use permit.
A.
A use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required, or the applicant or his or her successor has filed a request for extension with the zoning administrator pursuant to the provisions of Section 18.12.030.
B.
A use permit shall lapse and become void if the use is abandoned or discontinued for a continuous period of one year or more. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use. Indicia of abandonment or discontinuance may include, but not be limited to, lack of business license, no utility service, etc.
1.
A property owner or tenant (the "applicant") seeking to operate pursuant to a use permit that has lapsed for twenty-four months or less may make a written application to the zoning administrator for relief of this lapse provision by: paying the conditional use permit application fee; and demonstrating that:
a.
The use will be operated in a substantially similar manner as provided in the use permit and historic operations;
b.
There has been no change in circumstances under which the use would operate that would create new or increased impacts to nearby uses and persons;
c.
The property owner or tenant have been taking reasonable efforts to reestablish the use but have been unable to do so due to circumstances beyond their control or other good cause; and
2.
The zoning administrator may require that the applicant provide supplemental information.
3.
After receipt of a complete application, the zoning administrator will issue a written decision within 30 days. A summary of the decision will be mailed to the owners and tenants of property within 300 feet of the site.
(Prior code § 2-11.11; Ord. 2120 § 1, 2015; Ord. 2192 § 2, 2019)
§ 18.124.110 Preexisting conditional uses.
A.
A conditional use legally established prior to the effective date of the ordinance codified in this chapter, or subsequent amendments thereto, shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any.
B.
Alteration or expansion of a preexisting conditional use shall be permitted only upon the granting of a use permit as prescribed in this chapter, provided that alterations not exceeding $1,500.00 in value as determined by the building inspector shall be permitted without the granting of a use permit.
C.
A use permit shall be required for the reconstruction of a structure housing a preexisting conditional use if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to a greater extent than 50 percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the community development director.
D.
Preexisting conditional uses described in this section are subject to the lapse provisions in Section 18.124.100.B.
(Prior code § 2-11.12; Ord. 2000 § 1, 2009; Ord. 2120 § 1, 2015)
§ 18.124.120 Modification of conditional use.
A.
Sections 18.124.020 through 18.124.090 of this chapter shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the zoning administrator if he or she determines that the changes would not affect the findings prescribed in Section 18.124.070 related to findings. If requested by the applicant, the zoning administrator shall modify all existing conditional use permits for bars which are: (1) in the downtown hospitality central core area and downtown hospitality transition area; and (2) which are proposed to be consistent with the downtown hospitality guidelines, as determined by the zoning administrator.
B.
For a bar or special downtown accessory entertainment use in the downtown hospitality central core and downtown hospitality transition area, if requested by the applicant, the zoning administrator shall modify all applicable sections of an existing conditional use permit related to subsequent planning commission review to include and be consistent with the following: notification of conditional use permit and noise standard violations verified by city enforcement staff shall be provided to the planning commission by city staff; the planning commission may schedule a public hearing to re-review the conditional use permit; and at the public hearing the planning commission may revoke or may modify a business' conditional use permit to require additional measures such as noise monitoring by the business owner if there was a noise violation.
C.
If the zoning administrator approves a modification of a conditional use permit for a bar in the downtown hospitality central core area or downtown hospitality transition area, he or she shall notify the planning commission and city council of the modification within 10 days of the approval.
(Prior code § 2-11.13; Ord. 2055 § 2, 2012)
§ 18.124.130 Suspension and revocation.
Upon violation of any applicable provision of this chapter, or, if granted subject to conditions, upon failure to comply with conditions, a use permit shall be subject to suspension or revocation. The planning commission shall hold a public hearing within a reasonable time to consider such suspension or revocation in accord with the procedure prescribed in Section 18.124.040, and if not satisfied that the regulation, general provision or condition is being complied with, may suspend or revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within 10 days following the date of a decision of the commission suspending or revoking a use permit, the secretary shall transmit to the city council written notice of the decision. The decision shall become final 15 days following the date on which the use permit was suspended or revoked or on the day following the next meeting of the council, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review and decline to affirm the decision of the commission, in which cases Section 18.124.090 shall apply.
(Prior code § 2-11.14; Ord. 2065 § 1, 2013)
§ 18.124.140 Denial-New application.
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 one year from the date of denial or revocation of the use permit.
(Prior code § 2-11.15)
§ 18.124.150 Use permit to run with land.
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.
(Prior code § 2-11.16)
§ 18.124.160 Application with zoning reclassification.
Application for a use permit may be made at the same time as application for a change in district boundaries including the same property, in which case the planning commission shall hold the public hearing on the zoning reclassification and the use permit at the same meeting and may combine the two hearings. For the purposes of this section, the date of the commission decision on the use permit application shall be deemed to be the same as the date of enactment by the city council of an ordinance changing the district boundaries, provided that if the council modifies a recommendation of the commission on a zoning reclassification, the use permit application shall be reconsidered by the commission in the same manner as a new application.
(Prior code § 2-11.17)
§ 18.124.170 Temporary use permit.
Use permits for specified temporary conditional uses may be granted by the zoning administrator provided that the findings required by Section 18.124.070 shall be made. No public hearing shall be held unless the zoning administrator shall request a hearing. A permit for a temporary use shall authorize conduct of the use for a specified term as determined by the zoning administrator, provided that a permit for a subdivision sales office, reverse vending machines or other small recycling collection facilities, or a temporary construction yard or office may be for a period not to exceed one year. A decision of the zoning administrator on a temporary conditional use shall be subject to appeal as prescribed in Section 18.144.050 relating to administrative appeal procedure.
(Prior code § 2-11.18; Ord. 2065 § 1, 2013; Ord. 2155 § 3, 2017)
§ 18.124.175 Temporary use permit for small recycling collection facilities.
A.
Reverse vending machines and other small recycling collection facilities may be allowed in the zoning districts shown in Table 9.22.030 (Permits Required for Recycling Facilities by Zoning District) of this code upon the granting of a conditional use permit pursuant to the following requirements:
1.
Application to install a reverse vending machine(s) or a small collection facility shall be made with the zoning administrator, including any fee established heretofore, and shall include a site plan, elevations and such other information as established in Section 9.22.060 (Criteria And Design Standards) of this code and determined as necessary by the zoning administrator to enable the application to be reviewed.
2.
The zoning administrator will review the application for conformance with Section 9.22.060 of this code and may approve, conditionally approve or deny the application. No application shall be approved, as applied for or conditioned, unless the zoning administrator finds that:
a.
The proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located;
b.
The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity; and
c.
That the proposed conditional use will comply with each of the applicable provisions of this chapter.
3.
Temporary conditional use permits for reverse vending machines or other small recycling collection facilities are valid for a period of 12 months from the date of approval and may be renewed prior to expiration upon the submittal of a new application and fee to the zoning administrator, who will review the application for continuing compliance with the purposes of this chapter and of Chapter 9.22 (Recycling) of this code.
(Ord. 1354 § 8, 1988; Ord. 2155 § 3, 2017)
§ 18.124.180 Design review.
All conditional uses shall be subject to design review as prescribed in Chapter 18.20 of this title. Applicants are advised to confer with the zoning administrator before preparing detailed plans.
(Prior code § 2-11.19)
§ 18.124.190 Purpose-Authorization.
In order to give each district the flexibility necessary to achieve the objectives of this chapter, in certain districts conditional uses are permitted, subject to the granting of a minor conditional use permit. These uses are less routine than permitted uses, and require special consideration so that they may be located properly with respect to the objectives of this title, and with respect to their effects on surrounding properties, but do not necessarily warrant review by the planning commission. In order to achieve these purposes, the zoning administrator is empowered to grant and to deny applications for minor conditional use permits for such conditional uses in such districts as are prescribed in the district regulations and to impose reasonable conditions upon the granting of minor use permits, subject to the right of appeal to the planning commission and/or city council, or to review by the planning commission and/or council. The zoning administrator may refer a minor conditional use permit to the planning commission for review and action if deemed to be controversial or complex in nature.
(Ord. 2155 § 3, 2017)
§ 18.124.200 Application-Required data and maps.
Application for a minor conditional use permit shall be filed with the zoning administrator on a form prescribed by the director of community development and shall include the following data and maps:
A.
Name and address of the applicant;
B.
Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located;
C.
Address or description of the property;
D.
Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the performance standards and findings prerequisite to the granting of a use permit, prescribed in Section 18.124.240 of this article;
E.
An accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance from each boundary of the site determined by the zoning administrator to be necessary to illustrate the relationship to and impact on the surrounding area;
F.
An accurate scale drawing of the site showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, landscaped areas, trees, fences, and walls;
G.
The zoning administrator may require additional information, plans and drawings if they are necessary to determine whether the proposed use will comply with all of the applicable provisions of this chapter. The zoning administrator may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.
(Ord. 2155 § 3, 2017)
§ 18.124.210 Application-Fee.
The application shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this chapter.
(Ord. 2155 § 3, 2017)
§ 18.124.220 Notice.
No less than 10 days prior to the date on which the decision will be made on the application, the city shall give notice of the proposed minor conditional use permit to all property owners and occupants shown on the last equalized assessment roll as owning real property within 300 feet of the exterior boundaries of the property on which the minor conditional use permit is proposed. If within 10 days of mailing such notice, the zoning administrator receives a request for a hearing, the zoning administrator shall schedule an administrative hearing when practically feasible. Either administratively, if no hearing is requested, or after conducting the administrative hearing, the zoning administrator shall approve, conditionally approve, or disapprove the application. For a minor conditional use permit that is either appealed by the applicant or by any other person as prescribed in Section 18.144.020 of this title, or elected for review by planning commission and/or city council as identified in Section 18.124.250 of this chapter, the city shall give notice of the proposed minor conditional use permit to all property owners and occupants shown on the last equalized assessment roll as owning real property within 1,000 feet of the exterior boundaries of the property on which the minor conditional use permit is proposed.
(Ord. 2155 § 3, 2017)
§ 18.124.230 Action of zoning administrator.
Any action of the zoning administrator is subject to the appeal provisions in Chapter 18.144.
(Ord. 2155 § 3, 2017)
§ 18.124.240 Performance standards and findings.
A use approved for a minor conditional use permit shall meet the following performance standards:
A.
The facility shall adhere to all occupancy, ADA, California Building Code, and exiting requirements;
B.
Adequate parking is available for the use, and the proposal has an effective traffic circulation system including pick-up and drop-off for business patrons; and
C.
The use meets the requirements of the city's noise ordinance.
The zoning administrator may request a traffic study, noise study, or other professional study in order to determine whether the proposed use meets the above performance standards. |
The zoning administrator shall make the following findings before granting a minor conditional use permit: |
A. | That the proposed location of the minor conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located; |
B. | That the proposed location of the minor conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity; |
C. | That the proposed minor conditional use will comply with each of the applicable provisions of this chapter. |
(Ord. 2155 § 3, 2017; Ord. 2165 § 1, 2017)
§ 18.124.250 Effective date of minor conditional use permit.
Within 10 days following the date of a decision of the zoning administrator on a minor conditional use permit application, the secretary shall transmit written notice of the decision to the planning commission, city council, and to the applicant. A minor conditional use permit shall become effective 15 days following the date on which the use permit was granted or on the day following the next meeting of the council, whichever is later, unless an appeal has been submitted, or unless the planning commission and/or council has elected to review the decision of the zoning administrator. A minor conditional use permit shall become effective immediately after it is granted by the council.
(Ord. 2155 § 3, 2017)
§ 18.124.260 Review or appeal.
The planning commission or city council may elect to review a decision of the zoning administrator as prescribed in Section 18.144.010 of this title, or a decision of the commission may be appealed to the city council by the applicant or by any other person as prescribed in Section 18.144.020 of this title. An appeal shall be heard and acted upon as prescribed in Sections 18.144.030 and 18.144.040 of this title.
(Ord. 2155 § 3, 2017)
§ 18.124.270 Lapse of use permit.
A.
A minor conditional use permit shall lapse and shall become void one year following the date on which the minor conditional use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required, or the applicant or his or her successor has filed a request for extension with the zoning administrator pursuant to the provisions of Section 18.12.030.
B.
A minor conditional use permit shall lapse and become void if the use is abandoned or discontinued for a continuous period of one year or more. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use. Indicia of abandonment or discontinuance may include, but not be limited to, lack of business license, no utility service, etc.
1.
A property owner or tenant (the "applicant") seeking to operate pursuant to a minor conditional use permit that has lapsed for twenty-four months or less may make a written application to the zoning administrator for relief of this lapse provision by: paying the minor conditional use permit application fee; and demonstrating that:
a.
The use will be operated in a substantially similar manner as provided in the minor conditional use permit and historic operations;
b.
There has been no change in circumstances under which the use would operate that would create new or increased impacts to nearby uses and persons;
c.
The property owner or tenant have been taking reasonable efforts to reestablish the use but have been unable to do so due to circumstances beyond their control or other good cause; and
2.
The zoning administrator may require that the applicant provide supplemental information.
3.
After receipt of a complete application, the zoning administrator will issue a written decision within 30 days. A summary of the decision will be mailed to the owners and tenants of property within 300 feet of the site.
(Ord. 2155 § 3, 2017; Ord. 2165 § 1, 2017; Ord. 2192 § 2, 2019)
§ 18.124.280 Modification, suspension or revocation.
Upon violation of any applicable provision of this chapter, or, if granted subject to conditions, upon failure to comply with conditions, a minor conditional use permit shall be subject to modification, suspension, or revocation. The planning commission shall hold a public hearing within a reasonable time to consider such modification, suspension, or revocation in accord with the procedure prescribed in Section 18.124.040, and if not satisfied that the regulation, general provision or condition is being complied with, may modify, suspend, or revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within 10 days following the date of a decision of the commission modifying, suspending, or revoking a use permit, the secretary shall transmit to the city council written notice of the decision. The decision shall become final 15 days following the date on which the minor conditional use permit was suspended or revoked or on the day following the next meeting of the council, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review and decline to affirm the decision of the commission, in which cases Section 18.124.090 shall apply.
(Ord. 2155 § 3, 2017)
§ 18.124.290 Denial-New application.
Following the denial of a minor conditional use permit application or the revocation of a minor conditional 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 one year from the date of denial or revocation of the minor conditional use permit.
(Ord. 2155 § 3, 2017)
§ 18.124.300 Use permit to run with land.
A minor conditional 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.
(Ord. 2155 § 3, 2017)
§ 18.124.310 Design review.
All uses subject to a minor conditional use permit shall be subject to design review as prescribed in Chapter 18.20 of this title. Applicants are advised to confer with the zoning administrator before preparing detailed plans.
(Ord. 2155 § 3, 2017)
§ 18.124.390 Procedure.
Applications for small bed and breakfasts and bed and breakfast inns shall be processed in accordance with Article I of this chapter.
In addition to the findings listed in Section 18.124.070 of this chapter, the planning commission shall make the following finding before granting of a use permit for a small bed and breakfast in an R-1 district: The proposed location of the small bed and breakfast will not change the residential character of the neighborhood due to an overconcentration of small bed and breakfasts or other home business establishments in the area.
(Ord. 1636 § 10, 1994; Ord. 2155 § 3, 2017)
§ 18.124.400 Standards.
A.
Small bed and breakfasts shall be owner occupied. Bed and breakfast inns shall be owner occupied or shall provide for a resident manager.
B.
Meal service shall be limited only to residents and overnight guests, except that in the C-C district, a restaurant may be approved as part of the use permit for a bed and breakfast inn.
C.
No receptions, banquets, or other commercial gatherings shall be permitted unless approved as part of the use permit for a bed and breakfast inn in the C-C district.
D.
Small bed and breakfasts and bed and breakfast inns shall conform to the requirements of the county health department, the uniform building code, and Title 24 of the California Administrative Code.
(Ord. 1636 § 10, 1994; Ord. 2155 § 3, 2017)
§ 18.124.410 Procedure.
A.
Applications for large electricity generator facilities and large fuel cell facilities shall be processed in accordance with Article I of this chapter, with the following exceptions:
1.
Notice of public hearings shall be given to all property owners within the city of Pleasanton.
2.
The applicant shall pay all costs of said noticing in subsection (A)(1) of this section, including administrative costs. The cost of each notice shall be established by resolution of the city council.
B.
Applications for medium electricity generator facilities and medium fuel cell facilities shall be processed in accordance with Article I of this chapter, with the following exceptions:
1.
Notice of all required public hearings shall be given to all property owners within one and a half miles of the property where the facility is proposed to be located.
2.
The applicant shall pay all costs of said noticing in subsection (B)(1) of this section, including administrative costs. The cost of each notice shall be established by resolution of the city council.
(Ord. 1880, 2003; Ord. 2155 § 3, 2017)
§ 18.124.420 Standards.
In addition to making the findings in Section 18.124.070 of this chapter, the decision making body shall make the following findings before granting a use permit for medium or large electricity generator facilities, and medium or large fuel cell facilities:
A.
The facilities shall use the best available control technology to reduce air pollution.
B.
The facilities shall not create any objectionable odors at any point located outside of the property plane where the facilities are located.
C.
The facilities shall not exceed a noise level of 45 dBA at any point on any residentially zoned property outside of the property plane where the facilities are located.
D.
The facilities shall be cogeneration or combined cycle facilities, if feasible.
E.
Toxic and hazardous chemicals shall not be routed through existing or proposed residential neighborhoods.
F.
In no case shall electricity generator facilities and fuel cell facilities exceed 49.9 megawatts in size. If there are electricity generator facilities and fuel cell facilities on site, in no case shall the aggregate wattage of the facilities exceed 49.9 megawatts in size.
G.
The fuel source for electricity generator facilities shall be natural gas, bio diesel, or the byproduct of an approved cogeneration or combined cycle facility.
H.
On a site with electricity generator facilities, medium fuel cell facilities shall not be permitted unless the aggregate wattage of the two facilities is either: (1) 10 megawatts or less, or (2) if the aggregate wattage is greater than 10 megawatts, no electricity is exported off site. If the aggregate wattage is greater than 10 megawatts in size, and some electricity is exported off site, the fuel cell facilities shall be subject to all requirements and processes prescribed in this title for large fuel cell facilities in the applicable zoning district.
I.
On a site with fuel cell facilities, medium electricity generator facilities shall not be permitted unless the aggregate wattage of the two facilities is either: (1) 10 megawatts or less, or (2) if the aggregate wattage is greater than 10 megawatts, no electricity is exported off site. If the aggregate wattage is greater than 10 megawatts in size, and some electricity is exported off site, the electricity generator facilities shall be subject to all requirements and processes prescribed in this title for large fuel cell facilities in the applicable zoning district.
J.
If the facilities are large electricity generator facilities, the facilities shall be designed such that there is no wastewater discharged into the sewer system.
K.
If the facilities are large electricity generator facilities or large fuel cell facilities, the facilities shall be located at least one mile away from the property lines of the following:
(Ord. 1880, 2003; Ord. 2155 § 3, 2017)