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Following a review of the application and public hearing in compliance with Chapter 16.76, the applicable review authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner per use type as described below:
A. The proposed residential use is conditionally allowed within-the subject zoning district and complies with all applicable provisions of this development code; or
B. The proposed non-residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;
C. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan;
D. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;
E. The site is suitable for the type and intensity of use or development that is proposed;
F. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and
G. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.
(Ord. 598-23 § 7, 2023; Ord. 182 § 2 (part), 1997)
In approving a conditional use permit, the applicable review authority may impose specific locational, develop-mental, and operational conditions relating to both on- and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the use and development of the property conform with the site plan, architectural drawings, and statements submitted in support of the application or with modifications that would be deemed necessary to protect the public convenience, health, safety, and general welfare.
Additionally, the conditions shall ensure compliance with the objectives of the general plan and any applicable specific plan, the findings required by Section 16.52.040 (Findings and Decision), above, this development code, and to carry out the purpose and requirements of the respective zoning district.
(Ord. 182 § 2 (part), 1997)
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a conditional use permit:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved conditional use permit shall expire three years from the date of approval, unless a permit has been issued or construction of the project is substantially completed before its expiration, in compliance with Chapter 16.80 (Permit Implementation, Time Limits, and Extensions). Time extensions may be granted in compliance with Section 16.80.060 (Time Extension), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the conditional use permit. If the use granted by the conditional use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved conditional use permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved conditional use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved conditional use permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a conditional use permit holder, the director may issue an order suspending the conditional use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit holder by first-class U.S. mail and by posting the subject property.
2. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operations by a conditional use permit holder, the director shall notify the permit holder and specify how the violation(s) can be remedied and the time frame within which the violations must be corrected. If the permit holder has not remedied the violation(s) in the required time frame, the director may schedule a public hearing to consider the revocation of a conditional use permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the conditional use permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
G. Run With the Land. The conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of owner-ship of the land or any lawfully existing structure on the land.
H. Expiration of Permit. A conditional use permit shall be considered to have expired if the use for which the permit was granted ceased or was suspended for at least one hundred eighty (180) successive days.
(Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)