Chapter 17.12
CONDITIONAL USE PERMITS
Sections:
17.12.020 Conditional use permit application.
17.12.030 Action by the city planner.
17.12.040 Action by the planning commission.
17.12.050 Planning commission decision.
17.12.060 Appeal to the city council.
17.12.070 Action by the city council.
17.12.090 Lapse of conditional use permit.
17.12.100 Renewal of conditional use permit.
17.12.110 Temporary conditional use permits.
17.12.120 Revocation or modification of conditional use permit.
17.12.010 Purpose.
Because of their unusual characteristics, or the special attributes of the area in which they are to be located, certain uses in Kerman’s zone districts are allowed subject to the granting of a conditional use permit. Conditional uses require special consideration so that they may be properly located with respect to the objectives of this title and their effect upon surrounding properties. (Ord. 90-02 §2(part), 1990).
17.12.020 Conditional use permit application.
The applicant shall submit fifteen prints of a site plan and a completed use permit application form to the planning department. The site plan shall contain the elements required in Section 17.14.030. (Ord. 90-02 §2(part), 1990).
17.12.030 Action by the city planner.
Prior to setting a public hearing for the planning commission on an application for a conditional use permit, the city planner shall first review the application to determine if it is complete. If the application is complete the city planner shall fix the public hearing date at which the use permit will be considered and shall give public notice, as per Section 17.10.020, of the date, time, place and project description. Prior to the public hearing, a staff report, environmental determination and general plan finding for the use permit shall be made available to the planning commission, interested agencies and the public. (Ord. 90-02 §2 (part), 1990).
17.12.040 Action by the planning commission.
A. The planning commission shall hold a public hearing on the proposed use permit. At the public hearing the planning commission shall review and consider the testimony of the applicant, public, representatives from other agencies and city officials on the proposed use permit.
B. The public hearing shall be conducted in accordance with the rules and procedures specified in Chapter 17.10.
C. The planning commission may approve a conditional use permit as requested, or in a modified form, if, on the basis of the application and the testimony submitted, the commission makes the following findings:
1. That the proposed establishment, maintenance, and operations of the use applied for will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the city;
2. That the proposed use is consistent with the Kerman general plan;
3. That the environmental document is prepared as per the California Environmental Quality Act (CEQA);
4. That the site for the proposed use is adequate in size, shape, and location to accommodate the use as it relates to the district for which the use is proposed. (Ord. 17-01 §1, 2017; Ord. 90-02 §2(part), 1990).
17.12.050 Planning commission decision.
A. The planning commission, by resolution, may approve, approve with conditions, or deny without prejudice a conditional use permit application. The resolution shall describe the basis for the decision, including the findings set forth in Section 17.12.040(C).
B. The decision of the commission shall be final unless appealed to the city council.
C. The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof. (Ord. 90-02 §2(part), 1990).
17.12.060 Appeal to the city council.
The applicant may appeal the planning commission’s decision to the city council in accordance with the procedure specified in Chapter 17.22. (Ord. 90-02 §2(part), 1990).
17.12.070 Action by the city council.
Upon an appeal of the planning commission’s action, the city council shall hold a new public hearing. It shall review the proceedings held by the commission, and either affirm, deny or modify the commission’s decision. The decision of the council shall be final. (Ord. 90-02 §2(part), 1990).
17.12.080 Conditions.
A. The planning commission can approve a conditional use permit subject to conditions in order to protect the public’s health, safety and welfare. Conditions may include, but are not limited to, requirements involving the following development features and uses:
1. Yards, spaces, and buffers;
2. Fences and walls;
3. Enclosure of storage areas and limitation on out-of-door display of merchandise;
4. Grading, surfacing and drainage improvements;
5. Vehicular ingress and egress;
6. Regulation of signs;
7. Landscaping, irrigation and maintenance thereof;
8. Fire prevention equipment and measures;
9. Regulation of noise, vibration, odors, electrical discharge or interference;
10. Regulation of lighting;
11. Street dedication and improvements;
12. Such other conditions as could make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.
B. Conditions set forth in a use permit can only be required in order to achieve the objectives of this title. Conditions which require dedication of land for a purpose not reasonably related to the use of the property, or the posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property shall be prohibited. (Ord. 90-02 §2(part), 1990).
17.12.090 Lapse of conditional use permit.
A. A use permit shall lapse and become void one year from the date it became effective if said use is not operating within that time period unless a lesser or greater time was prescribed by the resolution granting the permit or unless, prior to the expiration, a building permit was issued by the building inspector and construction has commenced.
B. A conditional use permit shall lapse and become void if there is a discontinuance of the use for a continuous period of one year. (Ord. 90-02 §2(part), 1990).
17.12.100 Renewal of conditional use permit.
A. A conditional use permit may be renewed in accordance with Section 17.12.100 for an additional year or for a lesser or greater time period as may be specified; provided, that an application for renewal is filed with the planning commission prior to the expiration of the time period granted.
B. The planning commission by resolution may approve, approve with conditions or deny an application for the renewal of a conditional use permit. The resolution shall describe the findings of the commission regarding the decision. (Ord. 90-02 §2(part), 1990).
17.12.110 Temporary conditional use permits.
A. Conditional use permits for temporary uses for a period not to exceed twelve months shall be referred to the planning commission for its decision. A decision by the planning commission shall describe the basis for the decision, and shall include findings on the criteria set forth in Section 17.12.040(C) of this code.
B. The following uses or activities are eligible for a temporary conditional use permit and may be processed as an administrative matter by the city planner:
1. Sales of Christmas Trees. Outdoor sales of Christmas trees between November 15th and January 2nd of the next year provided a sales permit is obtained. Sales area shall be situated where adequate temporary parking is available and normal traffic flow and sight distances at intersections and driveways will not be impeded. All Christmas trees, signs or other related structures shall be removed from the outdoor area not later than January 2nd.
2. Promotional Displays, Sales and Activities. Promotional displays and activities including, but not limited to, amusement rides, street dances, concerts, live entertainment and promotional outdoor displays and sales may be conducted in the parks and recreation, commercial and industrial zone districts. The activities shall be conducted only within the buildable portion of the lot or parcel. Temporary signs are permitted only with the approval of the city planner, provided that a planning permit is obtained and all signage is removed within twenty-four hours of sales end. Sales area shall be situated where adequate temporary parking is available and normal, traffic flow and sight distances at intersections and driveways will not be impeded.
3. Temporary Uses. The city planner may authorize the temporary use of property by nonprofit or charitable organizations in any zoning district for a period not to exceed two weeks for an exposition, concert, carnival, amusement ride, or church revival.
4. Temporary Sales or Construction Offices. A temporary office established to handle sales or construction of lots or homes or both may be authorized in any zone. Temporary signs are permitted subject to approval of the city planner.
5. Temporary Construction Buildings. Temporary buildings or trailers associated with construction projects for the housing of tools, equipment, building assembly operations and supervisory offices in connection with major construction projects.
6. Temporary Outdoor Sales. Temporary outdoor sales, sidewalk and parking lot sales in association with a permitted business that is within an enclosed building which is located on the same lot of record. These outdoor sales shall not occur more than twelve days per year.
7. Temporary Residences. The temporary use of a self-contained trailer or recreational vehicle as a dwelling unit for a period of up to ninety days.
8. Temporary Mobile Office Structure. Mobile office structures are permitted in the open space, recreation, and public facilities (O), office (PA), and general commercial (CG) zones for a period of six months subject to the regulations contained in Section 17.78.090 of this code. Temporary mobile office structures shall be permitted under the following limited circumstances:
a. As a temporary office located on the site where a new permanent facility is to be constructed. If the temporary office is to be located on an alternate site, the alternate location shall be approved by the planning commission at a public hearing pursuant to Section 17.10.040. A notice of the public hearing shall be sent to adjacent property owners within three hundred feet of the proposed use and to similar type businesses within the community. The future development of the permanent use shall be evidenced by the submittal of building/construction plans to the city for plan check and issuance of a building permit prior to the expiration of the temporary use permit.
b. As a temporary office located on the site where an existing permanent facility is being renovated/remodeled or is being repaired due to damage caused by fire, water, vandalism, or other natural disaster or at an alternate site.
Approval of this use may be renewed for a period not to exceed six months. At his or her discretion, the planning director may refer the application for a temporary use permit to the planning commission for a decision. (Ord. 11-05 §2 (Exh. A), 2011; Ord. 95-06 §1, 1995; Ord. 92-02 §§ 1, 2, 1992: Ord. 90-02 §2(part), 1990).
17.12.120 Revocation or modification of conditional use permit.
A use permit may be revoked or modified in a manner specified in Chapter 17.24. (Ord. 90-02 §2(part), 1990).
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1. APPLICATION Applicant fills out application, pays fee and submits 15 copies of site plan. |
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2. APPLICATION REVIEW Planner reviews application for completeness. If application is found to be complete a date is set for public hearing. |
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3. STAFF ANALYSIS Staff shall prepare a report for presentation to Planning Commission. The report shall present an environmental determination. findings relating to the general plan and other planning concerns deemed relevant. |
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4. PLANNING COMMISSION DECISION At noticed public hearing, Planning Commission shall review proposed action and hear testimony. Planning Commission, by resolution, may approve, approve with modifications, or deny the application. The decision is final unless appealed to the City Council within 5 working days of the decision. |
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5. APPEAL TO CITY COUNCIL Any person dissatisfied with the decision of the Planning Commission may file an appeal with the City Clerk within 5 working days of the decision. The notice of appeal shall include the item being appealed, its identification number, identity of the appellant, and reasons for appealing the decision. Upon receipt of the appeal, the City Council shall set a date for a public hearing to consider the appeal. |
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6. CITY COUNCIL DECISION At the public hearing, City Council shall review the proceedings of the Planning Commission. The City Council may affirm or modify the previous decision or continue the hearing. The decision of the City Council is final. |
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2-A. PUBLIC HEARING NOTICES (All notices to be Issued at least ten days before public hearing). - One notice published in newspaper of general circulation. - A written notice shall be sent to the owner or representative of subject property. - If subject property Is 20 acres or less in size, notices shall be sent to property owners within 300' of subject property lines. - If subject property Is over 20 acres in size, notices shall be sent to property owners within 700' of subject property lines. - If number of property owners mailed to would exceed 1000, notice may be placed in a general circulation newspaper covering at least 1/8 page. |
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4-A. PLANNING COMMISSION FINDINGS Planning Commission may approve or modify the CUP if the following findings are made: - The proposed use will not be detrimental to the public health, safety, general welfare or morals of persons residing or working in the surrounding neighborhood. - The proposed use is consistent with the Kerman General Plan. - An environmental determination has been made according to CEQA. - The site for the proposed use is adequate in size, shape and location as it relates to the district in which it is located. |
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2-B. NOTIFICATION OF PUBLIC AGENCIES Notices shall be delivered to public agencies who provide services or may otherwise be affected by the proposed action. |
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2-C. CONTENT OF NOTICE Notices shall include date, place, time of hearing, name of body considering application and description of subject property. |