Chapter 17.20


17.20.010    Purpose.

17.20.020    Application.

17.20.030    Authority to grant conditional use permit.

17.20.040    Requirements for conditional use permit.

17.20.050    Expiration.

17.20.060    Mandatory periodic review.

17.20.070    Revocation.

17.20.010 Purpose.

The principal objective of zone planning is to provide for the proper location of land uses within the city. To accomplish this objective, certain types of land use are classified as being permitted as a matter of right in one or more of the various zones established in this title. However, other types of land use require special consideration due to the size of the area needed for full development of such uses; the traffic, noise, vibration, smoke or other problems incidental to their operation; special locational requirements; or the effect they may have on the value of surrounding properties or on the health, safety and welfare of the general public. Such uses, together with the conditions controlling their establishment, operation and maintenance, are designated as “conditional uses” and shall be regulated by the provisions of this chapter. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 375 § 1, 1982)

17.20.020 Application.

A. Application for a conditional use permit shall be made by the owner of the property involved or the owner’s duly authorized representative or by the purchaser or lessee of the property with the written consent of the owner. The application shall be filed with the city on the form provided by the city for that purpose. The application shall be accompanied by the payment of a filing fee, as established by city council resolution.

B. The application shall require the applicant to provide the following information:

1. A legal description of the property involved and the proposed use, with plot plans showing existing buildings, proposed buildings or facilities, and a description of the proposed use;

2. A reference to the specific provisions of this title and PVEMC Title 18 that are applicable to the conditional use permit sought;

3. A radius map and a certified list of the names and addresses of all property owners within three hundred feet from the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor; and

4. Such additional information as the planning commission, from time to time, may deem necessary or desirable. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 375 § 1, 1982)

17.20.030 Authority to grant conditional use permit.

The planning commission or council, as provided in this chapter, may grant a conditional use permit on such terms and conditions as may be in harmony with the general intent and purposes of this code. In addition, the planning commission or city council may impose such conditions as the planning commission or the city council deems necessary or desirable to ensure that the use will be established, operated, and maintained in accordance with the findings required by this chapter. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 12, 1991; Ord. 387 § 1, 1984; Ord. 375 § 1, 1982)

17.20.040 Requirements for conditional use permit.

The planning commission or city council, in granting a conditional use permit, must find that:

A. The use applied for at the location set forth in the application is properly one authorized by conditional use permit pursuant to this code;

B. The use is consistent with the general plan and any applicable specific plan;

C. The site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, setbacks, and other development standards prescribed in this code, or as are otherwise required in order to integrate the use with the site, surrounding properties, and other permitted uses in the city;

D. The site is adequately served by highways or streets of sufficient width and improvement as are necessary to carry out the kind and quantity of traffic such use will generate and by other public or private service facilities as are required;

E. The use will not create unusual noise, traffic, or other conditions that may be objectionable, detrimental, or incompatible with surrounding properties or other permitted uses in the city;

F. The integrity and character of the city, neighborhood, and site, the utility and value of surrounding properties, and the public health, safety, and welfare will not be adversely affected by the use; and

G. The application has been processed in accordance with the California Environmental Quality Act and the provisions of Chapter 17.10 PVEMC. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 13, 1991; Ord. 375 § 1, 1982)

17.20.050 Expiration.

A. Any conditional use permit issued pursuant to the provisions of this chapter is conditional upon the privilege being utilized within one hundred eighty days after the effective date of the approval or such other validation period specified as a condition of approval of the permit. If the permit privileges are not utilized or construction work is not begun and diligently carried on within the required time, the permit shall become void; provided, however, that upon the written request of the applicant filed with the city prior to the expiration of the validation period, the planning commission may extend the time limit upon a finding of unavoidable delay.

B. If a conditional use is abandoned or is discontinued for a continuous period of one year, the permit shall become void.

C. No conditional use permit that has become void may thereafter be reinstated, unless authorized in accordance with the procedure prescribed in this chapter for the approval of a conditional use. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 375 § 1, 1982)

17.20.060 Mandatory periodic review.

A. Any conditional use permit may contain a condition for mandatory periodic review. Under no circumstances shall a mandatory periodic review of a conditional use permit be scheduled more frequently than once per year. The review shall be conducted by the planning commission and shall consider the following issues:

1. Whether a use different than that originally approved in the conditional use permit is being conducted on the property;

2. Whether facts and circumstances surrounding the project have changed to such an extent as to make the project undesirable;

3. Whether any of the conditions imposed on a conditional use permit have been violated;

4. Whether the use now constitutes a public nuisance;

5. Whether neighbors of the project have complained about the use, requested changes in conditions or termination of the permit;

6. Whether zoning laws or development standards inconsistent with the project are now in effect for the project site; and

7. Whether or not a modification to the existing conditions is required.

B. A mandatory periodic review imposed under this section shall be conducted by the planning commission at or after the time for review fixed in the conditional use permit. The hearing shall be scheduled automatically by city staff. No application or fee shall be required from the conditional use permit holder.

C. At the time of the review, the planning commission, after reviewing the issues set forth in subsection A of this section, shall determine whether or not the permit should continue without modification or a public hearing should be held to determine whether or not the conditional use permit should be revoked or modified. The imposition of a condition for mandatory periodic review on a conditional use permit shall not in any way affect the validity or applicability of provisions concerning expiration set forth in PVEMC 17.20.050 or revocation or modification set forth in PVEMC 17.20.070. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 541 § 1, 1992)

17.20.070 Revocation.

A. The planning commission may recommend revocation or modification and the city council may revoke or modify the conditional use permit upon finding that:

1. The use as established, operated or maintained constitutes a public nuisance; or

2. One or more of the findings for, or conditions of, approval of the conditional use permit have been violated; or

3. The use as established, operated and maintained is not consistent with the use for which the permit was approved; or

4. The use has ceased or been suspended for one year or more; or

5. The use has not been exercised within the validation time period; or

6. The permit was obtained by fraud.

B. The planning commission shall hold a public hearing on the proposed modification or revocation of the conditional use permit at which the then current holder of the conditional use permit (the applicant for the conditional use permit or the applicant’s successor in interest) shall be given opportunity to present evidence as to why the conditional use permit should not be modified or revoked. Notice of the hearing shall be given to the holder either by personal service or by registered mail, postage prepaid, return receipt requested; provided, however, that should such notice not be able to be given in such means after three attempts, such notice may be given by posting on the property for which the conditional use permit was issued. The commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain. After the hearing, the commission shall recommend that the conditional use permit be revoked, modified or allowed to remain unchanged and shall cause a written report of its recommendation to be transmitted to the city council; provided, however, if the commission has held such hearing on its own motion and is of the opinion that the use permit should neither be revoked or modified, the commission need not report its recommendation.

C. At the next regular meeting of the city council after the planning commission has acted, any reported recommendation of the planning commission shall be deemed filed with the city council. Within thirty days thereafter, the city council shall hold a public hearing upon the question of the revocation or modification of the conditional use permit. The city council may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain. After the hearing, the city council may revoke or modify the conditional use permit or allow the permit to remain unchanged. The action of the city council shall be final. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 598 § 4, 1996; Ord. 375 § 1, 1982)