Chapter 18.29
CONDITIONAL USE PERMITS
Sections:
18.29.030 Conditions of project approval.
18.29.040 Conformance to regulations and plans.
18.29.050 Approving authority.
18.29.010 Purpose.
The purpose of a conditional use permit is to provide the general public with an opportunity to review a proposed land use that is generally consistent with the purpose of a base zoning district, but has the potential to cause conflicts with neighboring land uses. The conditional use permit is a discretionary permit and shall be reviewed consistent with this chapter. (Ord. CCO-09-02, 2009)
18.29.020 Findings.
In order to approve or extend a conditional use permit, the Planning Commission shall make the following findings:
(A) The proposed use is consistent with the Mt. Shasta General Plan, any applicable specific plan, and the provisions of this code.
(B) The subject property is adequate in land area to accommodate the proposed project, its required parking area, access, landscaping, and site improvements.
(C) The proposed land use is compatible with neighboring land use and zoning.
(D) The public and private roads providing access to the subject property meet necessary standards to provide safe and adequate access, or have been amended by conditions of project approval to satisfy the access requirements.
(E) Conditions of project approval are necessary for protection of the public health, safety, and welfare, and to reduce or eliminate potential environmental effects.
(F) Any requirements for the dedication of land are reasonably related to the use of the property.
(G) The requirements for the posting of improvement security for installation of public or private improvements is reasonably related to the use of the property. (Ord. CCO-09-02, 2009)
18.29.030 Conditions of project approval.
Conditions of project approval or extension are limited to those measures or requirements that are necessary to reduce or eliminate potential environmental effects or protect the public health, safety and welfare. No conditions shall be imposed for which there is not a reasonable relationship between the condition and the direct effects of the project. Conditions of project approval may include and are not limited to the following:
(A) Setbacks, buffers, fences and walls.
(B) Improvement of parking areas in conformance with Chapter 15.44 MSMC including stacking distance, turn lanes, acceleration lanes, and other code requirements.
(C) On-site dedications of easements, rights-of-way.
(D) Designation of ingress and egress locations.
(E) Landscaping design.
(F) Maintenance of buildings and grounds.
(G) Limitations on the hours of operations.
(H) Limitations on levels of noise, dust, odor, vibration, or similar environmental effects.
(I) Design and size of signs.
(J) Requirements of other public agencies or departments.
(K) Such other conditions as will make possible the development of the City in an orderly and efficient manner. (Ord. CCO-11-05 § 74, 2011; Ord. CCO-09-02, 2009; Ord. 258 §§ 7.201, 7.203, 1967)
18.29.040 Conformance to regulations and plans.
All conditional use permits shall be subject to all applicable City regulations, codes, and requirements whether or not the specific provisions are listed as conditions of the use permit. (Ord. CCO-09-02, 2009)
18.29.050 Approving authority.
The designated approving authority for a conditional use permit is the Planning Commission. The City Planner provides a recommendation and the Planning Commission approves, conditionally approves, or denies the conditional use permit in accordance with the requirements of this title. (Ord. CCO-09-02, 2009)
18.29.060 Procedure.
(A) An application signed by the property owner shall be submitted to the City.
(B) The City will review the conditional use permit application and determine to which public agencies or entities the application will be submitted for review and comment. The application will be reviewed to ensure a complete, accurate, and legible submittal. Incomplete applications are returned to the applicant pursuant to California law.
(C) When the City accepts the application as complete, the scope of environmental review shall be determined.
(D) The conditional use permit application shall be scheduled for a public hearing before the Planning Commission.
(E) The decision of the Planning Commission, including its findings and conditions, shall be chronicled in writing by a staff report and a resolution of action.
(F) The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Chapter 18.32 MSMC (Appeals).
(G) The final action on the conditional use permit by the Planning Commission shall constitute approval of the permit. Such permit shall only become valid after the designated 10-day appeal period has been completed. (Ord. CCO-09-02, 2009; Ord. 258 §§ 7.204 – 7.206, 1967)
18.29.070 Enforcement.
Failure to comply with the conditions of any conditional use permit constitutes a violation of this code. The City, among its remedies, may revoke the conditional use permit, following the procedures in MSMC 18.30.070 (Modification and Revocation), and require conformance to the overall zoning regulations. (Ord. CCO-11-05 § 75, 2011; Ord. CCO-09-02, 2009)