search icon

Poway City Zoning Code

CHAPTER 17

48 CONDITIONAL USE PERMIT REGULATIONS

§ 17.48.010 Purpose.

A. 
In order to give the use regulations the flexibility necessary to achieve the objectives of this title, in certain zones conditional uses are permitted, subject to the granting of a conditional use permit or a minor conditional 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 the zoning development regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of conditional use permits or a minor conditional use permit.
B. 
When the subject of the application for a conditional use permit is protected by the First Amendment to the United States Constitution: (1) only the definite, objective guidelines and standards of this chapter shall apply; (2) no general health, safety and welfare requirement shall apply; (3) the requirements of PMC § 17.48.060(A)(12) and (15) shall not apply; (4) the requirements of subsections E, G, I and J of PMC § 17.48.070 shall not apply; the requirements of this chapter which may not be constitutionally applied shall be severed from the requirements which may be constitutionally applied and those applicable shall remain in full force and effect.
(Ord. 113 § 1 (Exh. A 10.1.1), 1983; Ord. 162 § 1, 1985; Ord. 175 § 1, 1985; Ord. 252 § 1, 1988; Ord. 492 § 9, 1998)

§ 17.48.020 Application – Data and maps required.

Application for a conditional use permit or a minor conditional use permit shall be filed with the Development Services Director on a form prescribed by the Development Services Director 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. This provision shall not apply to a proposed public utility right-of-way;
C. 
Address and legal description of the property;
D. 
Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed, in PMC § 17.48.070;
E. 
A list of all owners of property located within 500 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties;
F. 
Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs; screening, landscape and irrigation plans shall be included in the plans;
G. 
The Development Services Director may waive requirements of this section or require additional data as deemed necessary to the decision-making process.
(Ord. 113 § 1 (Exh. A 10.1.2), 1983; Ord. 252 § 1, 1988; Ord. 518, 1999)

§ 17.48.030 Application – Fee.

A. 
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of handling and processing the application as prescribed in this chapter.
B. 
The Director of Development Services may advance the requirement for a minor conditional use permit to a conditional use permit or lower the requirement for a conditional use permit to a minor conditional use permit for conditional uses as are prescribed in the zone regulation and based upon the following criteria:
1. 
Public benefit;
2. 
Impact upon public services and facilities;
3. 
Impact upon adjacent properties;
4. 
Floor or site square footage;
5. 
Intensity of use;
6. 
Operating characteristics.
(Ord. 113 § 1 (Exh. A 10.1.3), 1983; Ord. 252 § 1, 1988; Ord. 518, 1999)

§ 17.48.040 Public hearing.

The City Council shall calendar a public hearing on each application for a conditional use permit or a minor conditional use permit. The hearing shall be set and notice given as prescribed in PMC § 17.46.050. At the public hearing, the Council 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 PMC § 17.48.070.
(Ord. 113 § 1 (Exh. A 10.1.4), 1983; Ord. 252 § 1, 1988)

§ 17.48.050 Investigation and report.

The Development Services Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the City Council and made available to the applicant prior to the public hearing.
(Ord. 113 § 1 (Exh. A 10.1.5), 1983; Ord. 518, 1999)

§ 17.48.060 City Council action.

A. 
The Council may grant by resolution a conditional use permit or a minor conditional use permit as the permit was applied for or in modified form, or the application may be denied. A conditional use permit or minor conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Council may prescribe. Conditions may include, but shall not be limited to:
1. 
Requiring special yards;
2. 
Open spaces;
3. 
Buffers;
4. 
Fences;
5. 
Walls;
6. 
Requiring installation and maintenance of landscaping;
7. 
Requiring street dedications and improvements;
8. 
Regulation of points of vehicular ingress and egress;
9. 
Regulation of traffic circulation;
10. 
Regulation of signs;
11. 
Regulation of hours of operation and methods of operations;
12. 
Control of potential nuisances;
13. 
Prescribing standards for maintenance of buildings and grounds;
14. 
Prescription of development schedules and development standards; and
15. 
Such other conditions as the Council may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare.
B. 
Variations from regulations prescribed elsewhere in this chapter for fences, walls, hedges, screening and landscaping; site area, width and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities or frontage on a public street shall be separately administered in accordance with the procedures in Chapter 17.50 PMC. The decision of the City Council is final and effective upon City Council approval.
(Ord. 113 § 1 (Exh. A 10.1.6), 1983; Ord. 252 § 1, 1988; Ord. 492 §§ 10, 11, 1998; Ord. 865 § 8, 2024)

§ 17.48.070 Findings required before granting or altering permit.

The City Council shall make the following findings before granting or modifying a conditional use permit or a minor conditional use permit:
A. 
That the proposed location size, design and operating characteristics of the proposed use is in accord with the title and purpose of this title, the purpose of the zone in which the site is located, the City general plan and the development policies and standards of the City;
B. 
That the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures or natural resources;
C. 
That the harmony in scale, bulk, coverage and density is consistent with adjacent uses;
D. 
That there are public facilities, services and utilities available;
E. 
That there will not be a harmful effect upon desirable neighborhood characteristics;
F. 
That the generation of traffic will not adversely impact the capacity and physical character of surrounding streets and/or the circulation element of the general plan;
G. 
That the site is suitable for the type and intensity of use or development which is proposed;
H. 
That there will not be significant harmful effects upon environmental quality and natural resources;
I. 
That there are no other relevant negative impacts of the proposed use that cannot be mitigated;
J. 
That the impacts, as described in subsections A through I of this section, and the proposed location, size, design and operating characteristics of the proposed 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 properties or improvements in the vicinity nor be contrary to the adopted general plan; and
K. 
That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances.
(Ord. 113 § 1 (Exh. A 10.1.7), 1983; Ord. 252 § 1, 1988)

§ 17.48.080 Lapse of a use permit.

A. 
A conditional use permit or a minor conditional use permit shall lapse and shall become void two years following the date on which the use permit was approved, unless prior to the expiration of two years:
1. 
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
2. 
A certificate of occupancy is issued for the structure which was the subject of the use permit application; or
3. 
The site is occupied in accordance with conditional use, if no building permit or certificate of occupancy is required; or
4. 
The use which was the subject of the use permit application is commenced; provided, that a use permit for a public utility installation may be valid for a longer period if specified by the City Council.
B. 
If the use, business or service for which the conditional use permit or a minor conditional use permit was issued terminates or ceases operation for a continuous period of time in excess of 180 calendar days except for:
1. 
Destruction or damage by acts of God; or
2. 
Destruction or damage by malicious acts; or
3. 
Remodeling or rehabilitation requiring prolonged closure; such remodeling or rehabilitation shall be continuously and diligently pursued.
The use permit shall expire; the permit shall thereafter be of no further force or effect.
(Ord. 113 § 1 (Exh. A 10.1.8), 1983; Ord. 252 § 1, 1988; Ord. 311 § 2, 1990)

§ 17.48.090 Pre-existing conditional uses.

A. 
A major, minor, or conditional use legally established prior to the effective date of the ordinance codified in this title or prior to the effective date of subsequent amendments to the regulations or zone boundaries, 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; and provided, that it meets the requirements of PMC § 17.48.080.
B. 
Alteration or expansion of a pre-existing major, minor or conditional use shall be permitted only upon the granting of a conditional use permit as prescribed in this chapter. Alterations or expansions of less than 10,000 square feet or 25 percent of the existing square footage of site or building area, whichever is more restrictive, shall be permitted upon granting of a minor conditional use permit. Minor alterations as determined by the Director of Development Services shall be permitted without the granting of a use permit.
(Ord. 113 § 1 (Exh. A 10.1.9), 1983; Ord. 252 § 1, 1988; Ord. 492 § 12, 1998; Ord. 518, 1999)

§ 17.48.100 Modification of conditional use.

PMC §§ 17.48.020 through 17.48.080 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 Development Services Director if it is determined that the changes would not affect the findings prescribed in PMC § 17.48.070.
(Ord. 113 § 1 (Exh. A 10.1.10), 1983; Ord. 518, 1999)

§ 17.48.110 Suspension and revocation.

If in the opinion of the Director of Development Services, a violation of any applicable provision of this title; or, if granted subject to conditions, upon failure to comply with conditions; or that, as a result of evidence now available and not available at the prior hearing when permit was granted and could not have been obtained with reasonable diligence at that hearing, the findings made, pursuant to PMC § 17.48.070, can no longer be made; or that the permit was obtained by fraud, a conditional use permit or a minor conditional use permit shall be set for public hearing for possible revocation. The City Council shall hold a public hearing within 40 days, in accordance with the procedure prescribed in PMC § 17.48.040. If the City Council is not satisfied that the regulation, general provision or condition is being complied with, they may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. The decision of the City Council is final and effective within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC.
(Ord. 113 § 1 (Exh. A 10.1.11), 1983; Ord. 252 § 1, 1988; Ord. 492 § 13, 1998; Ord. 518, 1999)

§ 17.48.120 New applications.

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.
(Ord. 113 § 1 (Exh. A 10.1.12), 1983)

§ 17.48.130 Use permit to run with the land.

A 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 use permit application.
(Ord. 113 § 1 (Exh. A 10.1.13), 1983)

§ 17.48.150 Annual review.

Conditional use permits and minor conditional use permits shall be subject to annual review by the Director of Development Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the Director determines the use is not in compliance with the conditions of approval, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit.
(Ord. 252 § 1, 1988; Ord. 518, 1999; Ord. 674 § 53, 2008)