17.52.020 Conditional use permits.
A. Purpose and Applicability. The purpose of this section is to establish procedures and general standards for the review and approval of conditional use permits authorized by various sections of this code. Whenever a use is listed in any section of this code as a use permitted subject to securing a conditional use permit, it shall be approved only if it is consistent with the general plan and meets all requirements of this code and subject to any conditions deemed appropriate by the decision-making authority.
Conditional use permits are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use of the established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact which it may cause.
B. Application Submittal. An application for a conditional use permit shall include:
1. All items and information determined by the director to be necessary for reviewing and making a determination on the application; and
2. Application processing fees as adopted by resolution of the city council.
C. Review and Approval Procedures.
1. Each application shall be reviewed by the planning director to ensure that the proposal complies with requirements of this section. Upon being deemed complete the application shall be scheduled for a hearing before the planning commission.
2. The planning commission shall conduct a public hearing on an application for a conditional use permit before making a decision on the application. Notice of the hearing shall be provided in compliance with Chapter 17.74.
3. The commission’s decision is appealable to the city council in compliance with Chapter 17.72.
D. Findings and Decision. Following a hearing, the commission shall record the decision in a resolution and shall incorporate therein the findings upon which the decision is based. The commission may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only if all of the following findings are made:
1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of this zoning ordinance;
2. The proposed use is consistent with the goals and policies in the general plan;
3. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA), this chapter, and other applicable codes and ordinances;
4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;
5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the city;
6. The subject site is physically suitable for the type and density/intensity of the use being proposed;
7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and
8. The proposed use meets the minimum requirements of this chapter applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city of Wasco and the state of California.
E. Terms and Conditions.
1. Any conditional use permit may include such terms and conditions as deemed appropriate or necessary by the decision-making authority to make the findings specified in this section.
2. Within two years of conditional use permit approval, commencement of construction shall have occurred or the conditional use permit shall become null and void unless an extension is requested and approved per Section 17.52.140. In addition, if after commencement of construction, work is discontinued for a period of one year, then the conditional use permit shall become null and void unless extended per Section 17.52.140. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have a timeline as determined reasonable by the planning commission.
3. All conditions of approval shall be final, and a request to delete or modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless the conditions are appealed pursuant to Chapter 17.72.
4. The commission may, upon a request being filed prior to permit expiration and for good cause, grant a time extension in accordance with Section 17.52.140. Upon granting of an extension, the commission shall ensure that the conditional use permit complies with all current development code provisions.
F. Permit Revocation and Modification. The commission may hold a hearing to revoke or modify a conditional use permit granted pursuant to the provisions of Section 17.52.110. Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such conditional use permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the county of Kern, and/or the project applicant.
1. A conditional use permit may be revoked or modified by the commission if any one of the following findings can be made:
a. That circumstances have changed so that one or more of the findings contained in subsection (D) of this section, Findings and Decision, of this section can no longer be made;
b. That the conditional use permit was obtained by misrepresentation or fraud;
c. That the use for which the conditional use permit was granted has ceased or was suspended for six or more consecutive calendar months;
d. That one or more of the conditions of the conditional use permit have not been met;
e. That the use is in violation of any statute, ordinance, law or regulation; and
f. That the use permitted by the conditional use permit is detrimental to the public health, safety or welfare and/or constitutes a public nuisance.
G. Conditional Use Permit to Run With the Land.
1. A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon change of ownership of the site, the business, the service, use, or structure which was the subject of the permit application.
2. However, at the commission’s discretion this provision may be altered through planning commission action to adopt a condition stating the permit is “nontransferable.”
H. Performance Guarantee. A developer may be conditioned to provide performance security for the faithful performance of any or all conditions of approval, in accordance with Section 17.52.130. (Ord. 706 § 3 (Exh. A), 2019).