17.40.040 General conditional use review standards.
A. All conditional use permits run with the land and may require the applicant to record documents to that effect;
B. The proposed conditional use shall comply with city ordinances, federal, and state law, as applicable to the use and to the site where the conditional use will be located; and
C. Mitigation is required of reasonably anticipated detrimental effects that may arise from the conditional use, including:
1. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer.
2. Detrimental effects on the adequacy of utility systems, water and sewer, solid waste, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, irrigation systems, or preserving existing systems, including other reasonable mitigation as determined by the city’s engineering staff, contracted engineers, and utility service providers.
3. Detrimental effects on connectivity and safety for pedestrians and bicyclists.
4. Detrimental effects by the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable within a neighborhood, or such effects as environmental impacts, dust, fumes, smoke, odor, noise, vibrations, chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance.
5. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, the removal of dangerous or blighted structures, high ground water, environmental health hazards, or wetlands, as determined by city engineer, and/or other qualified specialists.
6. Detrimental effects of modifications to exterior lighting that conflict with abutting properties.
7. Detrimental effects arising from site design and/or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, lighting (on-site and adjacent street lighting), signs, and architectural design and exterior detailing/finishes and colors within the area.
8. Detrimental effects on emergency fire service and emergency vehicle access.
9. Detrimental effects on usable/functional/accessible open space and sensitive lands.
10. Inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring.
11. Detrimental effects of excessive storm water generation. [Ord. 08-17-2021B § 2 (Exh. A)].