19.42.020 Review and approval procedures.

(A) Application.

(1) Applications for conditional use permits and minor use permits shall be filed with the community development department. Submittals shall include a completed application form, along with related information and filing fees established by the city.

(2) If other approvals are necessary, an application for a conditional use permit or minor use permit may be filed and processed concurrently with the related entitlement request(s), and shall be acted upon simultaneously by the planning commission.

(3) Following the denial or revocation of a conditional use permit or minor use permit application, no application for such permit for the same or substantially the same use and design, or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(B) Approval Authority.

(1) The community development director may approve minor use permits for those uses designated "M" in this title. Applications for such permits shall be reviewed in accordance with Section 19.40.020, Community development director approvals.

(2) The planning commission may approve conditional use permits for those uses designated "C" in this title. Applications for such permits shall be reviewed in accordance with Section 19.40.030, Planning commission approvals.

(C) Terms and Conditions. Any minor use permit or conditional use permit may include such terms and conditions deemed appropriate or necessary by the decision-making authority to make the findings required by subsection D of this section. If no terms or conditions are specified, the use permit shall be considered unconditional and valid for an indefinite period, unless the use is abandoned.

(D) Required Findings. The planning commission may approve or conditionally approve an application for a conditional use permit or minor use permit if it makes all of the following findings:

(1) The proposed use is consistent with the policies and programs of the general plan and any applicable master or specific plan.

(2) The proposed use is consistent with the purpose(s) and standards of the applicable zoning district(s).

(3) The proposed use complies with applicable policies of the Napa County Airport land use compatibility plan.

(4) The project site is physically suitable for the type and intensity of land use being proposed.

(5) The proposed use will not be a nuisance or materially detrimental to the general health, safety, and welfare of the public or to property and residents in the vicinity.

(6) The site for the proposed use has adequate access, and meets parking and circulation standards and criteria.

(7) There are adequate provisions for water and sanitary services, and other public utilities to ensure that the proposed use would not be detrimental to public health and safety.

(E) Required Findings—Homeless Shelters. In addition to the findings required by subsection (D) of this section, the planning commission shall make the following findings of fact in approving a conditional use permit for a homeless shelter:

(1) The applicant has demonstrated that the type and size of homeless shelter proposed directly fulfills the needs of city residents.

(2) Approval of the permit will not result in an over concentration of homeless shelters in the vicinity.

(3) The land uses and development in the immediate vicinity of the project will not constitute an immediate or potential hazard to occupants of the shelter.

(4) The shelter will have ready access to public transportation and planned or existing support services.

(F) Required Findings—Accessory Dwelling Units. In addition to the findings required by subsection (D) of this section, the planning commission shall make the following findings in approving a conditional use permit for accessory dwelling units:

(1) Access separate from the on-site commercial use(s) is provided for the accessory dwelling unit(s).

(2) Noise levels within the accessory dwelling unit(s) will not exceed any adopted noise standards.

(3) The accessory dwelling unit(s) will be protected from any obnoxious odors generated on-site or in the immediate vicinity.