(A) Certain uses allowed in specified San Joaquin zoning districts are permitted only after the granting of a conditional use permit (CUP). Conditional uses require special consideration due to unusual characteristics or potential impacts on surrounding uses.
(B) The applicant shall submit an electronic copy and three physical copies of a site plan, or as determined by the City Manager or designee, and a completed CUP application form to the planning department. The application submission shall include a filing fee as required under the City Master Fee Schedule.
(C) Upon receipt of a CUP application, the city shall first review the application to determine completeness and determine the level of environmental review necessary for the project.
(D) If the application is deemed complete, a tentative date is set for public hearing.
(E) Prior to the public hearing, a staff report, environmental determination, and findings for the use permit shall be made available to the Planning Commission and the public. A CUP may be granted only when all of the following findings are met in reference to the property being considered:
(1) The proposed use will not be contrary to the objectives of the General Plan and any applicable specific plan;
(2) The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Ordinance and all other chapters of the Municipal Code;
(3) The proposed establishment, maintenance, and operation of the use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of such proposed use, nor will it be detrimental to property and improvements in the neighborhood or city;
(4) The CUP has been assessed as required by CEQA; and
(5) The site for the proposed use is adequate in size, shape, and location to accommodate the use as it relates to the zoning district for which the use is proposed.
(F) The Planning Commission may by resolution approve, approve with conditions, or deny an application for renewal of a CUP. The resolution shall describe the findings of the Planning Commission regarding the decision as required above.
(G) Appeals to the Council. Any person may appeal the Planning Commission's decision to the City Council in accordance with the procedure specified in § 154.028. Upon appeal of the Planning Commission's action, the City Council shall hold a new public hearing where it shall review the proceedings held by the Planning Commission and either affirm, deny, or modify the Commission's decision.
(H) A CUP shall expire and become void one year from the date it became effective if the use permitted under the CUP is not operating within that time period, unless a greater time was agreed upon in writing upon permit approval, or a building permit was issued, and construction has commenced prior to the expiration.
(I) A CUP may be renewed for an additional year, or for a lesser or greater time as specified, provided that an application for renewal is filed with the Planning Commission prior to the expiration of the previous CUP. The Planning Commission may by resolution approve, approve with conditions, or deny an application for renewal of a CUP. The resolution shall describe the findings of the Planning Commission regarding the decision.
(Ord. 2021-03, passed 12-7-2021)