A. The action by the Planning Commission upon a Conditional Use Permit shall be by a majority vote of the quorum present, except that a tie vote shall constitute a denial of the Conditional Use Permit. Upon a majority vote therefore, the Commission may, before the adjournment of any meeting, set aside any action taken at such meeting.
B. The order of the Planning Commission in granting or denying a Conditional Use Permit shall become final and effective ten days after the rendering of its resolution unless within such ten day period an appeal in writing is filed with the Community Development Department in accordance with Section 15.70.060 of this chapter.
C. In granting a Conditional Use Permit, the Planning Commission may impose such conditions as it deems necessary to protect the public health, safety, and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of the site proposed for the requested use. Conditions imposed may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:
1. Special yards, open spaces and buffer areas.
2. Fences and walls.
3. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards.
4. Street dedications and improvements including sidewalks, curbs, and gutters.
5. Landscaping and maintenance of grounds.
6. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, and odors.
7. Regulation of operating hours for activities affecting normal neighborhood schedules and functions.
8. Regulation of signs and outdoor advertising.
9. Provision for a bond or other surety that the proposed use will be removed on or before a specified date.
10. Such other conditions as will make possible the development of the proposed use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of the ordinance codified herein.
D. In order to grant the Conditional Use Permit, the Planning Commission shall first make the following findings in addition to any findings referenced for the specific conditional use permit requested in other sections of this Code:
1. That the proposed use is conditionally permitted in the zone and complies with all applicable zoning standards.
2. That the proposed use is consistent with the goals and policies of the general plan of the city or any specific plan applicable to the area of the proposed use; and
3. That the proposed use as conditioned 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; and
4. That the project or use demonstrates compliance with the Design Criteria specified in Section 15.47.060 of Chapter 15.47.
E. Should any application for a Conditional Use Permit be accompanied by a subdivision application for a vesting Tentative Map pursuant to the provisions of Title 16 of this code, the two applications shall be processed and approved concurrently, with the approval for the Conditional Use Permit running with the life of the vesting Tentative Map. At the time of expiration of the vesting Tentative Map, all proceedings shall terminate and a new application for subdivision and Conditional Use Permit will be required.
F. The Community Development Department shall keep a permanent record of all decisions of the Planning Commission, as well as the ultimate disposition of those applications that are appealed. The record shall be available for public review.
(Ord. 3232 (part), 2016; Ord. 2982, 2001).