Chapter 17.60
CONDITIONAL USE PERMITS

Sections:

17.60.010    Purpose.

17.60.020    Required.

17.60.030    Considerations.

17.60.040    Application.

17.60.050    Fee.

17.60.060    Accompanying maps and drawings.

17.60.070    Hearing – Required.

17.60.080    Hearing – Notice.

17.60.090    Expiration.

17.60.100    Appeal – Fee.

17.60.110    Appeal – Procedure.

17.60.120    Revocation of permits.

17.60.130    Council review.

17.60.140    Amendments.

17.60.150    Requirements for conversion of mobile home parks.

17.60.160    Master conditional use permits – Tenant use permits.

17.60.010 Purpose.

The purpose of a conditional use permit or master use permit is to allow review of uses which may only be suitable in specific locations in the zoning district or which may need special site planning or operating conditions to assure the use does not adversely impact other uses in the zone. (Ord. 713 § 1, 1991; Ord. 388 § 18.01, 1975)

17.60.020 Required.

A conditional use permit is required prior to:

A. The issuance of a building permit for the construction of any structure that requires a building permit, unless the design-use is a “permitted use” under the zoning classification for the property; and

B. The commencement of any new activity-use, or the change of one activity-use to another activity-use set forth in the conditional use permit regulations for the zoning district, except that activity-uses may be established without an additional conditional use permit where an existing master conditional use permit explicitly so allows. (Ord. 817 § 2, 2000; Ord. 713 § 1, 1991; Ord. 388 § 18.02, 1975)

17.60.030 Considerations.

A. In considering an application for a conditional use, the planning commission shall give due regard to the nature and condition of all adjacent uses and structures. In issuing a conditional use permit, the commission may impose requirements and conditions with respect to location, design, siting, maintenance and operation of the use in addition to those expressly provided in this chapter for the particular use, as may be necessary for the protection of the adjacent properties and in the public interest.

B. In approving a use permit, the commission may include such conditions as the commission deems reasonable and necessary under the circumstances to preserve the integrity and character of the district and to secure the general purposes of this title, the general plan, and the local coastal program. Such conditions, without limiting the discretion and authority of the commission, may include time limitations, further architectural and site review, street dedication, and street and drainage improvements.

C. In considering an application for a conditional use involving a material change of an historic feature the planning commission shall weigh the benefits of the proposed change against the detriment to the public welfare caused by a change in the feature. In approving any such change, the commission shall make one of the following findings:

1. The action proposed will not be significantly detrimental to the historic feature in which the change in use is to occur; or

2. The applicant has demonstrated that denial of the application would result in hardship that is so substantial as to outweigh the corresponding benefit to the public of maintenance to the historic feature or structure.

D. In considering an application for a conditional use permit that proposes a new activity-use that will occupy in excess of twelve thousand square feet within one or more buildings, the planning commission will approve, conditionally approve, or deny the proposed activity-use after considering the following factors:

1. Scale and character of the surrounding area;

2. Traffic generation;

3. Parking impacts;

4. Compatibility to surrounding activity-uses;

5. The size of the proposed activity-use compared to the average size of similar activity-uses located in the surrounding area.

The purpose of this subsection D is to enable and to require the planning commission to apply the above criteria in considering a proposed activity-use; its purpose is not to involve the city in the normal competition that arises between similar businesses.

This subsection D is not applicable:

1. In the area described in municipal Code Section 17.27.040 (“...in a shopping center with a minimum of three hundred thousand square feet gross floor area”); and

2. When the proposed use/activity has already been specifically approved in an applicable master conditional use permit pursuant to Section 17.60.160.

E. Small collection facilities sited in a commercial or industrial zone:

1. May be established only in conjunction with an existing commercial or industrial use which complies with the zoning, building and fire codes for the city;

2. Shall be no larger than five hundred square feet and shall provide parking for removal of the materials and for customers depositing the materials;

3. Shall accept only glass, metal or plastic containers, papers and reusable items. Used motor oil may be accepted with a permit from the Santa Cruz County Environmental Health Department and the Hazardous Wastes Commission;

4. Shall use no power-driven processing equipment, except reverse vending machines;

5. Mobile vending facilities shall be located in a designated area without eliminating the required parking or landscaping;

6. Shall be maintained free of litter and any other undesirable materials. Mobile facilities, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

7. Shall not exceed noise levels of sixty dBA as measured from the property line of residentially zoned or occupied property or otherwise shall not exceed seventy dBA;

8. Attended facilities located within one hundred feet of a property zoned or occupied for residential use shall operate only during the hours of between nine a.m. and seven p.m.;

9. Containers for the twenty-four-hour donation of materials shall be at least thirty feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

10. Containers shall be clearly marked to identify the type of materials which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

11. Signs may be provided as follows:

a. Recycling facilities may have identification signs with a maximum of ten square feet, in addition to informational signs required by the city.

b. Signs must be consistent with the character of the location and require city approval;

12. The facility shall not impair the landscaping required by local ordinances for any concurrent use by this title or any permit issued pursuant thereto;

13. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use, unless a study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

F. In considering an application for a conditional use permit for a self storage facility, the planning commission will approve, conditionally approve, or deny the use after considering the following factors:

1. The proposed use location may be unsuitable for traditional retail due to access or visibility from the street;

2. The facility is not conducive to traditional retail uses;

3. The proposed development is compatible with the existing land uses in surrounding area; and

4. Streets and thoroughfares are suitable and adequate to serve the proposed development. (Ord. 946 § 2, 2010; Ord. 817 § 3, 2000; Ord. 713 § 1, 1991; Ord. 677 § 4(A), 1989; Ord. 644 § 5, 1987; Ord. 515 § 6 (part), 1982; Ord. 388 § 18.03, 1975)

17.60.040 Application.

Application for a conditional use permit shall be made by the property owner, or agent thereof, with written approval of the property owner, to the planning commission, on a form prescribed by the commission. (Ord. 388 § 18.04, 1975)

17.60.050 Fee.

The application fee for a conditional use permit shall be established by resolution of the city council. (Ord. 388 § 18.05, 1975)

17.60.060 Accompanying maps and drawings.

The application under this chapter shall be accompanied by maps and drawings necessary to demonstrate that conditions set forth in this chapter shall be fulfilled. (Ord. 388 § 18.06, 1975)

17.60.070 Hearing – Required.

A public hearing shall be held to consider all conditional use permit applications, including master use permit applications, but is not required for community development director determinations regarding tenant use permits under Section 17.60.160(E). (Ord. 713 § 1, 1991; Ord. 388 § 18.07, 1975)

17.60.080 Hearing – Notice.

Notice of hearing shall be given as provided in Government Code Section 65091(a). (Ord. 721 § 1, 1991; Ord. 713 § 1, 1991; Ord. 651 § 1, 1988; Ord. 388 § 18.08, 1975)

17.60.090 Expiration.

A. In any case where a conditional use permit has not been used within two years after the date of granting thereof, (or within such other period of time which may be prescribed in the permit) or within any extension granted pursuant to Section 17.81.160, then without further action the permit will expire. Any interruption or cessation beyond the control of the property owner shall not result in the termination of such right or privilege.

B. For the purposes of this section, a permit shall be deemed to have been “used” when actual substantial, continuous activity has taken place upon the land pursuant to the permit, or in the event the erection of the structure or structures is involved, when sufficient building activity has occurred to cause vested rights to occur under the general principles of state law relating to the vesting of rights in connection with building permits generally. Any issue, doubt or controversy respecting whether or not a permit has been “used” shall be referred to the commission for decision and determination. (Ord. 873 § 24, 2004; Ord. 724 (part), 1991; Ord. 388 § 18.09, 1975)

17.60.100 Appeal – Fee.

A. A determination of the planning commission with respect to a conditional use permit is appealable to the city council, upon written request for a hearing before the council. The written appeal shall give reasons for the appeal and specifically state where the planning commission’s findings or procedures were in error.

B. The fee for filing appeals shall be established by city council resolution. In the absence of such a request being filed within ten days after determination by the planning commission, such determination is final.

C. Within the coastal zone the appeal process shall be consistent with Chapter 17.46 of this title. (Ord. 713 § 1, 1991; Ord. 677 § 4(B), 1989; Ord. 388 § 18.10, 1975)

17.60.110 Appeal – Procedure.

All appeals shall be heard by the city council, as provided in Chapter 2.52. (Ord. 713 § 1, 1991; Ord. 388 § 18.11, 1975)

17.60.120 Revocation of permits.

In any case where the conditions to the granting of a permit have not been or are not complied with, the community development director shall give notice thereof to the permittee, which notice shall specify a reasonable period of time within which to perform said conditions and correct said violation. If the permittee fails to comply with said conditions, or to correct said violation, within the time allowed, notice shall be given to the permittee of intention to revoke such permit at a hearing to be held not less than thirty calendar days after the date of such notice. Following such hearing and, if good cause exists therefor, the planning commission may revoke the permit. (Ord. 713 § 1, 1991; Ord. 698 § 2, 1990; Ord. 608 § 11, 1986; Ord. 388 § 18.12, 1975)

17.60.130 Council review.

Notwithstanding any other provisions of this chapter, the actions of the planning commission are subject to review and modification by the city council unless rights have vested under the permit. The same is true of community development director determinations made under Section 17.60.160E (tenant use permits). (Ord. 713 § 1, 1991; Ord. 388 § 18.13, 1975)

17.60.140 Amendments.

Amendments to a use permit shall be made by new application. (Ord. 388 § 18.14, 1975)

17.60.150 Requirements for conversion of mobile home parks.

For requirements pertinent to subdivisions which will result in the conversion of a mobile home park to another use, see Chapter 17.90 of this code and Government Code Section 66427.4. (Ord. 576 § 4, 1984)

17.60.160 Master conditional use permits – Tenant use permits.

The following requirements pertain to master conditional use permits and tenant use permits:

A. To qualify for a master use permit, more than ten thousand square feet of building must be located upon a parcel, or multiple adjoining parcels under one ownership, at the time the first tenant use permit is utilized.

B. The property must conform to city parking and landscaping requirements.

C. The holder of the master use permit will be renting space to a number of tenants (or itself will be carrying on various businesses), all of which will be using their space for one of the uses allowed in the master use permit. When approving any application the planning commission shall determine the uses allowed by the master use permit by selecting from those principal permitted uses and conditional uses, as listed in the zoning district regulations, which are (without the imposition of conditions not in the master use permit) compatible with the master use and the surrounding properties.

D. Hereafter, prior to the leasing of any space upon the subject property, the holder of the master use permit must inform all prospective tenants, or tenants renewing or extending leases, of the conditions of the master use permit and of the requirements of this section.

E. At the time the master use permit is originally issued, tenant use permits need not be obtained by tenants occupying space on the subject property unless such a requirement is made a precondition of the master use permit approval. After a master use permit has been issued, tenant use permits shall be approved by the community development director upon inspection of the property, and verification that it and its landscaping are in good repair, and that all other conditions of the master use permit are being met. Any adverse determination made by the community development director under this section may be appealed by the applicant to the planning commission within ten calendar days of receipt of notice from the community development director. Such appeals shall be heard de novo. Favorable determinations of either the community development director or planning commission will be so listed on the consent calendar portion of the agenda for the next city council meeting. No tenant use permit will be issued prior to such city council meeting. At such meeting, any member of the council who believes that the application (in order to satisfy the considerations set forth in Section 17.60.030A and B, may need rejection or additional conditions) may demand a de novo review of the application. That review shall occur at such time as is then set by the council. Unless waived by the applicant, at least seven calendar days notice (measured from the date of mailing) shall be given to the applicant prior to the council’s de novo review. If no council member so demands such de novo review, the community development director may forthwith issue the tenant use permit.

F. A tenant use permit may be revoked in the manner provided in Section 17.60.120 if the tenant is the cause of violation of a condition of the master use permit.

G. Any approval of a master use permit may include size limitations for each category of allowable tenant use permits, subject to the following limitations: For master use permits issued after April 15, 2000, no tenant use permits may be issued for any activity-use that will occupy over twelve thousand square feet of building area; for master use permits issued before April 15, 2000, no tenant use permits may be issued for any activity-use that will exceed one thousand five hundred square feet. Above those limits, activity-uses must obtain an ordinary conditional use permit.

H. The planning commission may deny a master conditional use to all, or a portion of, any area described in subsection A, if the planning commission finds that particular circumstances of the property, its existing use, or its proposed use, are such that the ordinary conditional use permit process is necessary for adequate protection of the community’s land use interests. (Ord. 817 § 4, 2000; Ord. 713 § 2, 1991)