(A)   The city recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The Conditional Use Permit is provided for this purpose.

   (B)   To ensure consistency with land use regulations and compatibility with surrounding properties, conditional uses require special consideration. The Planning Commission is empowered to grant and deny applications for Conditional Use Permits and to impose reasonable conditions upon the granting of such permit.

   (C)   Applications for Conditional Use Permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district, unless the Planning Director makes a preliminary finding that the proposed uses are similar to a listed use. A Conditional Use Permit is not a substitute for a zone change or Development Code text amendment.

(Ord. 1104, passed 7-19-04)

   (A)   An application for a Conditional Use Permit may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

   (B)   An application shall be filed pursuant to the provisions of Chapter 16.202 (Applications, Processing, Filing, and Fees) of this Title 16.

(Ord. 1104, passed 7-19-04)

   (A)   Planning Director investigation. The Planning Director or the designee shall investigate the application and proposal, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission prior to any scheduled public hearing on the application.

   (B)   Planning Commission proceedings.  

      (1)   A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.204 (Public Hearings) of this Title 16.

      (2)   At the public hearing, the Planning Commission shall review the application and proposal and receive 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 § 16.218.040 (Required Findings).

      (3)   The Planning Commission shall act to approve, conditionally approve, or deny the application.

      (4)   The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Chapter 16.206 (Appeals and Revocations) of this Title 16.

(Ord. 1104, passed 7-19-04)

   (A)   The Planning Commission may approve and/or modify a Conditional Use Permit in whole or in part, with or without conditions, provided that all of the following findings of fact are made:

      (1)   The proposed use at the particular location is necessary or desirable to provide a service or facility that will contribute to the general convenience or welfare of the neighborhood or the community;

      (2)   The characteristics of the proposed use are not unreasonably incompatible with the types of use permitted in the surrounding areas;

      (3)   The proposed use is consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan; and

      (4)   The proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

   (B)   Additional findings shall be made for specific uses as required by Chapters 16.54 through 16.76 (Standards for Specific Land Uses) of this Title 16.

   (C)   In determining the presence of conditions specified in subsection 16.218.040(A) above, the Planning Commission or, on appeal, the City Council, shall consider the following factors:

      (1)   Possible damage or nuisance from noise, glare, smoke, odor, fumes, dust, or vibration;

      (2)   Possible hazard to persons or property from explosion, contamination, or fire; and

      (3)   Possible hazard or inconvenience caused by unusual volume or character of traffic.

(Ord. 1104, passed 7-19-04)

   (A)   This section shall apply only to the uses identified in this section. This section shall not invalidate any Conditional Use Permit for an operating facility, but shall be complied with prior to issuance of a building permit for all projects for which no building permit has been issued upon the effective date of this provision.

   (B)   In addition to findings required in subsection 16.218.040(A), the Planning Commission shall find that the proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations. Such findings must be made for the following uses:

      (1)   Solid waste facilities, as defined in Cal. Pub. Res. Code § 40194.

      (2)   Auto wrecking or salvage yards.

      (3)   Yards for the disposal and/or salvage of demolition or construction waste.

      (4)   Recycling facilities.

      (5)   Incinerators of any type.

(Ord. 1104, passed 7-19-04)

   (A)   In granting a Conditional Use Permit, the Planning Commission may impose such conditions as it deems necessary to ensure that the public health, safety, and general welfare are protected and that the proposed operation is not a detriment to the community.

   (B)   All conditions shall be binding upon the applicant, heirs, successors, or assignees and shall restrict the construction, location, maintenance, and use of all land within the development.

   (C)   A deed restriction may be recorded with the County Recorder of Ventura County, as approved by the City Attorney, regarding the conditions of this section and other requirements of the Conditional Use Permit.

(Ord. 1104, passed 7-19-04)

   A Conditional Use Permit that is valid and in effect and granted pursuant to the provisions of this Title 16 shall be valid only on the property for which it was granted and shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

(Ord. 1104, passed 7-19-04)

   The Planning Director shall have the authority to initiate proceedings to suspend or revoke a Conditional Use Permit pursuant to provisions set forth in Division 2 of Chapter 16.206 (Appeals and Revocations) of this Title 16.

(Ord. 1104, passed 7-19-04)

   (A)   The grantee of a Conditional Use Permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the Conditional Use Permit shall lapse and become void. For the purposes of this section, such a right shall be established if either:

      (1)   A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Conditional Use Permit was approved; or

      (2)   In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Conditional Use Permit was approved; or

      (3)   In the event no building permit or certificate of occupancy is required, the site for which the Conditional Use Permit was approved is occupied and used for the permitted purpose; or

      (4)   Prior to the date on which the Conditional Use Permit will elapse, the grantee files an application to renew the permit pursuant to subsection (B) below.

   (B)   A Conditional Use Permit subject to lapse may be renewed for a single one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date, pursuant to the provisions of Chapter 16.222 (Minor Modifications) of this Title 16. Additional renewals shall require a public hearing before the Planning Commission.

   (C)   The Planning Commission may grant or deny an application for renewal of a Conditional Use Permit. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Conditional Use Permit and surrounding properties.

   (D)   If any Conditional Use Permit fails to be actively exercised for a continuous 180-day period, the permit shall lapse and become void.

(Ord. 1104, passed 7-19-04)