West Point City Zoning Code
17.40 Conditional
Uses
17.40.010 Purpose.
The purpose of this chapter is to provide for a reasonable application, review, and approval process for land uses that are specified as “conditional.”
These uses shall integrate into the community through the use of conditions, based on standards, intended to mitigate the reasonably anticipated detrimental effects of a particular conditional use.
Mitigate, as defined in state law, means reduce, and does not mean eliminate. Conditional uses shall be approved on a case-by-case basis under the standards in this chapter.
The applicant shall adequately demonstrate that the reasonably anticipated detrimental effects of the proposed use/site plan can be mitigated through the imposition of reasonable conditions based on standards in this chapter. [Ord. 08-17-2021B § 2 (Exh. A)].
17.40.020 Conditional use permit process.
A. Permit Required.
1. A conditional use permit shall be required for all uses listed as conditional uses in the zoning regulations in WPCC 17.60.050, Table of land use regulations. There are two types of conditional uses: administrative (AC), and planning commission conditional use (PC).
2. The community development director or designee is authorized to process administrative conditional uses. The planning commission reviews planning commission conditional uses and they have the authority to approve or approve with conditions, based on written standards from the ordinances.
3. Denial of an application shall only be considered if there are no conditions that can be imposed to mitigate the reasonably anticipated detrimental effects of the use.
B. Application Required. Application for a conditional use permit shall be made by the property owner or certified agent thereof to the community development department. Only applications deemed complete by the community development director or designee will be processed. Complete applications include appropriate application forms reflecting the standards of the city, site plans/drawings, texts, and signatures as required on the form available in the community development department and on the city’s website. All documentation shall meet city requirements. A letter or email confirming the completeness of the application may be requested by the applicant. All applications shall be accompanied by the appropriate fee as established from time to time by resolution of the city council.
C. Courtesy Notice for Conditional Uses. The applicant (except for minor home occupations) shall notify, by personal conversations or a mailed letter, the adjacent property owners, including those across the street, as a courtesy, for the neighbor’s information only. Issues raised by neighbors may be incorporated as conditions of approval to mitigate anticipated detrimental effects, pursuant to the standards provided in WPCC 17.40.040.
D. Review Procedures. The community development director or designee shall administer an application review procedure in which the major and/or administrative conditional use application is evaluated for compliance with all applicable ordinances and codes and for reasonably anticipated detrimental effects.
If in the review of an administrative conditional use, staff finds site plan and/or use issues where the city standards conflict or the impacts of a use are significantly more than anticipated by the basic ordinance standards, staff may raise the application to the level of a planning commission conditional use and process it accordingly. [Ord. 08-20-2024A § 1 (Exh. A); Ord. 08-17-2021B § 2 (Exh. A)].
17.40.030 Determination.
A. Each application for an administrative conditional use, and planning commission conditional use shall be:
1. Approved if the proposed use, including the manner and design in which a property is proposed for development, complies with the standards of this code for approval or as outlined in WPCC 17.40.040; or
2. Approved with conditions if the anticipated detrimental effects of the use, including the manner and design in which the property is proposed for development, can be mitigated with the imposition of reasonable conditions to bring about compliance with the standards outlined in WPCC 17.40.040; or
3. Denied if the anticipated detrimental effects of the proposed use cannot be mitigated with the imposition of reasonable conditions of approval to bring about compliance with the standards as outlined in WPCC 17.40.040. A change in the market value of real estate shall not be a basis for the denial of a proposed conditional use.
B. Any conditions of approval shall be limited to conditions needed to mitigate potential detrimental effects and conform the conditional use to the standards outlined in this chapter.
C. After a decision is made by the community development director or the planning commission, the community development director or designee shall provide the applicant written notice of the final decision of record along with any conditions, findings, and site plan modifications. [Ord. 08-17-2021B § 2 (Exh. A)].
17.40.040 General conditional use review standards.
A. All conditional use permits run with the land and may require the applicant to record documents to that effect;
B. The proposed conditional use shall comply with city ordinances, federal, and state law, as applicable to the use and to the site where the conditional use will be located; and
C. Mitigation is required of reasonably anticipated detrimental effects that may arise from the conditional use, including:
1. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer.
2. Detrimental effects on the adequacy of utility systems, water and sewer, solid waste, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, irrigation systems, or preserving existing systems, including other reasonable mitigation as determined by the city’s engineering staff, contracted engineers, and utility service providers.
3. Detrimental effects on connectivity and safety for pedestrians and bicyclists.
4. Detrimental effects by the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable within a neighborhood, or such effects as environmental impacts, dust, fumes, smoke, odor, noise, vibrations, chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance.
5. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, the removal of dangerous or blighted structures, high ground water, environmental health hazards, or wetlands, as determined by city engineer, and/or other qualified specialists.
6. Detrimental effects of modifications to exterior lighting that conflict with abutting properties.
7. Detrimental effects arising from site design and/or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, lighting (on-site and adjacent street lighting), signs, and architectural design and exterior detailing/finishes and colors within the area.
8. Detrimental effects on emergency fire service and emergency vehicle access.
9. Detrimental effects on usable/functional/accessible open space and sensitive lands.
10. Inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring.
11. Detrimental effects of excessive storm water generation. [Ord. 08-17-2021B § 2 (Exh. A)].
17.40.050 Appeals of decision.
The applicant and/or any person adversely affected by a decision of the community development director or planning commission or city council regarding the decision rendered for a conditional use permit may appeal such decision to the appeal authority, by filing written notice of appeal with the community development department within 10 calendar days from the date of such decision. See WPCC 17.20.040, Appeal authority duties. [Ord. 08-17-2021B § 2 (Exh. A)].
17.40.060 Inspection and enforcement.
A. Following the issuance of a conditional use permit, the community development director shall ensure that the development is undertaken and completed in compliance with the conditions as set forth in the conditional use. The community development director or designee is entitled to perform on-site inspections to assure that compliance.
B. If the community development director determines that the holder of a conditional use permit is in violation of the terms or conditions upon which the permit was issued, the city recorder shall notice the permit holder. If the director determines that the terms or conditions of the permit have been violated, the director shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit in a designated time frame, or the director shall revoke the permit if the applicant is not able and willing to comply with the previously set conditions in a reasonable time frame. The director shall detail such findings for revocation in the final decision. [Ord. 08-17-2021B § 2 (Exh. A)].
17.40.070 Time limit.
Unless the uses and conditions prescribed in a conditional use permit are implemented within a maximum period of one year of its issuance, the conditional use permit shall expire. The permit shall be considered implemented if the recipient either engages or participates in the conditional use or completes substantial construction, such as grading and foundation construction, on the project for which the permit was granted. The community development director may grant a maximum extension of six months under exceptional circumstances, such as financial hardships, lack of construction materials, etc. [Ord. 08-17-2021B § 2 (Exh. A)].
17.40.080 Violation/revocation.
A. A violation of any of the terms of this chapter or any conditions imposed as part of a conditional use permit shall be unlawful and may be remedied or punished as allowed by law. Such violations may be remedied or punished as allowed by law with penalties as specified in Chapter 17.00 WPCC.
B. A conditional use may be revoked upon failure to comply with the conditions of the original approval and the standards of this title. Notification of a revocation shall be provided to the property owner, after a 30-day written notice of violation and opportunity to comply is given. Such notices are the responsibility of the community development director and/or the code enforcement officer. Such notices may be contested though an application and a public hearing with the planning commission. Time extensions to correct the violation(s) may be issued by the community development director and/or code enforcement officer when the extent of the violation(s) warrants additional time to correct. [Ord. 08-17-2021B § 2 (Exh. A)].