A. Purpose. A conditional use permit is a zoning instrument used primarily to review the location and conduct of certain land uses that are known to have a distinct impact on the area in which they are located, or are capable of creating special problems for bordering properties, unless given special attention. A conditional use permit is a discretionary permit and is not the automatic right of an applicant.
B. Approval authority.
1. A conditional use permit is subject to review at the director level by the zoning administrator or planning director, at the commission level by the planning and design commission, or by the city council, as provided in this title.
2. A director-level decision on a conditional use permit is appealable to the planning and design commission, and a commission-level decision on a conditional use permit is appealable to the city council, as provided in section 17.812.060.
C. Decision and findings.
1. The decision-maker may approve a conditional use permit based on all of the following findings:
a. The proposed use and its operating characteristics are consistent with the general plan and any applicable specific plan or transit village plan; and
b. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it is located, and of all other provisions of this title and this code; and
c. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public services and utilities; and
d. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.
2. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)