The purpose of this chapter is to establish the application, review, and granting/denial procedures for Conditional Use Permits (CUP) and modifications to CUPs to properly evaluate and condition specific land uses. These uses generally have a unique and distinct impact on the area in which they are located or are capable of impacts to adjacent properties unless given special review and conditions. CUPs may be granted at the discretion of the Planning Commission or City Council, and are not the automatic right of any applicant. CUPs go with the land and are nontransferrable to another location.

CUPs are required for certain uses as identified by the permit requirements of the applicable Zone. CUPs and Modifications to CUPs may only be approved by the Planning Commission or City Council in accordance with Zone requirements, and compliance with this Title.

A.

Initiation of Application. CUP and modification to CUP applications may be initiated by the owner, owners, or their authorized agents of property in the City, but only where the use is authorized as a CUP in the Zone in which the property lies. All CUP applications shall be submitted in accordance with the format specified by the Director.

B.

Fees. Fees shall be paid at the time of application in accordance with the Fee Schedule.

C.

Requirements. An application for a CUP shall be accompanied by the following:

1.

All information and materials deemed necessary to render the requested land use decision before the application is deemed complete.

2.

Complete plans and description of the property involved and the proposed use.

3.

Evidence, satisfactory to the Director, of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six (6) months after issuance of the CUP.

D.

Project Review and Noticing. Applications for a CUP shall be processed if the Director finds the application to be complete at time of filing. The applicant shall be notified in writing within thirty (30) days if the application is complete.

1.

If the application is found to be incomplete, the Director will notify the applicant in writing within thirty (30) days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the Director.

2.

The review process for a CUP is generally illustrated in Figure 20.520-1, "Conditional Use Permit Process." Each application shall be analyzed by the Director to ensure the application is consistent with the purpose and intent of this Section. The Director shall submit a staff report with a recommendation to the Planning Commission and when applicable, to the City Council.

3.

Public notice shall be given in compliance with Chapter 20.505 (Noticing and Public Hearings).

A.

Conditional Use Permit Decision. CUPs are subject to decision by the Planning Commission and, if applicable, the City Council in a hearing or hearings noticed in accordance with Chapter 20.505 (Noticing and Public Hearings).

B.

Conditional Use Permit Decision. The Planning Commission may approve, conditionally approve, or disapprove an application for a CUP. For CUP applications including concurrent processing of a permit that requires City Council decision, the Planning Commission will make a recommendation to the City Council. The following findings must be made by the applicable decision-making body prior to approval.

C.

Required Finding. The approval of a CUP shall be accompanied by all the following findings:

1.

Approval of the CUP would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood.

2.

The design, development, and conditions associated with the CUP are consistent with the goals, policies, and intent of the General Plan, the purpose and intent of the applicable Zone, and the character of any applicable Specific Plan.

3.

The land use allowed in conjunction with the CUP is compatible with the existing and future land uses of the applicable Zone, and the general area in which the proposed use is to be located.

D.

Conditions and Limitations. CUPs may be granted upon such conditions and limitations and for such periods of time as the Planning Commission or the City Council shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of this Zoning Ordinance shall be achieved.

All appeals or use revocations related to a CUP application or granted CUP shall be consistent with the standards and process of Chapter 20.545 (Appeals and Revocations).