§ 17.02.100. Conditional use permits.

The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose. The Planning Commission is empowered to grant and deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permit.

A.

Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a conditional use permit. The authorized agent of any person with a legal vested interest may also initiate an application. Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

Scope of Application. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit is not a substitute for a change of zone or zoning ordinance text amendment.

C.

Filing of Application. The application shall be filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.040).

D.

Review of Application by Planning Director. The Planning Director or his designee, shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing on the application.

E.

Planning Commission Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.051). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in subsection G of this section (Required Findings).

F.

Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.060 Appeals and Revocations).

G.

Findings of Approval. The Planning Commission may approve and/or modify a conditional use permit in whole or in part, with or without conditions, provided that all of the following findings of fact are made:

1.

The proposed use is one conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this Zoning Ordinance;

2.

The proposed use would not impair the integrity and character of the zone in which it is to be located;

3.

The subject site is physically suitable for the type of land use being proposed;

4.

The proposed use is compatible with the land uses presently on the subject property;

5.

The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located;

6.

There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;

7.

There would be adequate provisions for public access to serve the subject proposal;

8.

The proposed use is consistent with the objectives, policies, general land uses, and programs of the City of Beaumont General Plan;

9.

The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare; and

10.

The proposed design and elevations preserve and maximize the image, character, and visual quality of the neighborhood.

11.

The Planning Commission shall find that the proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations.

12.

This subsection G shall apply only to the uses identified in Chapter 17.03. This subsection shall not invalidate any conditional use permit for an operating facility, but shall be complied with prior to issuance of a building permit for all projects for which no building permit has been issued upon the effective date of this provision.

H.

Imposition of Conditions of Approval. The following provisions shall apply with respect to the imposition of conditions of approval:

1.

In granting a conditional use permit, the Planning Commission may impose such conditions as it deems necessary to ensure that the public health, safety, and general welfare are protected and that the proposed operation is not a detriment to the community.

2.

All conditions shall be binding upon the applicant, heirs, successors, or assignees and shall restrict the construction, location, maintenance, and use of all land within the development.

3.

A deed restriction may be recorded with the County Recorder of Riverside County, as approved by the City Attorney, regarding the conditions of this section and other requirements of the conditional use permit.

I.

Conditional Use Permit, Attachment, Suspension, and Revocation. A conditional use permit that is valid and in effect and granted pursuant to the provisions of this Title 17 shall be valid only on the property for which it was granted and shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. The Planning Director shall have the authority to initiate proceedings to suspend or revoke a conditional use permit pursuant to provisions set forth in Section 17.02.61.

J.

Conditional Use Permit Time Limits. The grantee of a conditional use permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the conditional use permit shall lapse and become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the conditional use permit was approved; or

2.

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the conditional use permit was approved; or

3.

In the event no building permit or occupancy is required, the site for which the conditional use permit was approved is occupied and used for the permitted purpose; or

4.

Prior to the date on which the conditional use permit will elapse, the grantee files an application to renew the permit pursuant to subsection K below.

K.

Conditional Use Permit Lapse in Time. A conditional use permit subject to lapse may be renewed up to an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. A public hearing before the Planning Commission shall be required.

L.

Conditional Use Permit Renewal. The Planning Commission may grant or deny an application for renewal of a conditional use permit. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the conditional use permit and surrounding properties.

M.

Lapsing in Conditional Use Permit. If any conditional use permit fails to be actively exercised for a continuous 180-day period, the permit shall lapse and become void.

(Ord. 920 §2, 9/2007)