Chapter 23.134
CONDITIONAL USE PERMIT
Sections:
23.134.030 Application required.
23.134.040 Approval authority.
23.134.050 Public hearing notice and procedure.
23.134.060 Notice of decision.
23.134.075 Additional approval findings for condominium conversion.
23.134.080 Conditions of approval.
Prior legislation: Ord. 13-2013.
23.134.010 Purpose.
The conditional use permit provides a process for the council to review decisions regarding uses which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged, or altered if the site is appropriate and if other appropriate conditions of approval can be met. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.12.010)].
23.134.020 Applicability.
The provisions of this chapter apply to land uses requiring a conditional use permit as designated with a “C” on the allowed use tables found in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.12.020)].
23.134.030 Application required.
An application for a conditional use permit shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].
23.134.040 Approval authority.
Conditional use permits are a discretionary quasi-judicial decision by the council as designated in RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].
23.134.050 Public hearing notice and procedure.
A public hearing and hearing notice shall be required for review and processing of a conditional use permit in accordance with the following:
A. Public Hearing Notice. A notice for public hearing shall be provided pursuant to RCMC 23.110.120 (Notice of public hearing).
B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].
23.134.060 Notice of decision.
The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].
23.134.070 Approval findings.
The approval authority may approve or approve with conditions an application for a conditional use permit after finding all of the following. If the approval authority does not make all of these findings, the conditional use permit shall not be approved.
A. The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/ emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations.
B. The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards or other reasonable conditions of approval.
C. All required public facilities have adequate capacity to serve the proposal.
D. The project meets the requirements of the zoning code including development standards, design guidelines, and special use provisions.
E. If structures and site plans are considered nonconforming, the elements of a project that are nonconforming have been brought into compliance with the zoning code, where feasible. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.12.030). Formerly 23.134.030].
23.134.075 Additional approval findings for condominium conversion.
No application for a conditional use permit for a condominium conversion shall be approved unless all the following findings are made:
A. The condominium conversion meets all the development and other standards set forth in this title.
B. All notices required by the city of Rancho Cordova or state law pertaining to condominium conversions have been properly and timely served.
C. The conversion project will not be contrary to the public health, safety, and welfare of the city of Rancho Cordova.
D. The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality, and safety.
E. The proposed conversion is consistent with the General Plan and applicable city and other plans in effect at the time of the use permit application, especially with the objectives, policies, and programs of the housing element of the General Plan designed to provide affordable housing to all economic segments of the population. [Ord. 4-2017 § 3 (Exh. B)].
23.134.080 Conditions of approval.
In approving a conditional use permit, the approval authority may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to, the following:
A. Limiting the hours, days, place, and/or manner of operation.
B. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust.
C. Requiring larger setback areas, lot area, and/or lot depth or width.
D. Limiting the building or structure height, size or lot coverage, and/or location on the site.
E. Designating the size, number, location, and/or design of vehicle access points or parking areas.
F. Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved.
G. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas.
H. Limiting the number, size, location, height, and/or lighting of signs.
I. Limiting or setting standards for the location, design, and/or intensity of outdoor lighting.
J. Requiring berms, screening, or landscaping and the establishment of standards for their installation and maintenance.
K. Requiring and designating the size, height, location, and/or materials for fences.
L. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands.
M. Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans, or requiring the recording of a local improvement district nonremonstrance agreement for the same.
N. Other conditions necessary to address the approval criteria and findings. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.12.040). Formerly 23.134.040].
23.134.090 Appeals.
Conditional use permits are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B)].
23.134.100 Permit expiration.
Conditional use permits shall expire three years from the date of approval, unless:
A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; or actual occupancy of an existing building or land occurs under the terms of the permitted use; or
B. An extension is approved in accordance with RCMC 23.110.070 (Extension of land use entitlement).
Notice of expiration of a conditional use permit shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final. [Ord. 4-2017 § 3 (Exh. B)].
23.134.110 Amendments.
An applicant may request an amendment to a conditional use permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].