(A) Purpose and intent. Use permits are used primarily to review the location, site development or conduct of certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention. Conditional use permits may be granted by the Planning Commission, and temporary use permits by the Planning Director under the conditions of this section.
(B) Temporary use permits. Temporary use permits provide for the short term use of property and structures that are consistent with the purpose and objectives of this title. The Planning Director or his or her designee may process temporary use permits as an administrative review. Following a decision by the Director, an administrative agreement shall be prepared that outlines the findings and conditions of the temporary use permit. The Director shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following:
1. That egress and ingress and off-street parking facilities are properly designed and adequate to serve the use;
2. That the site is adequate in size and location and has the proper accessibility to accommodate the use;
3. That there are adequate public services, including fire protection, water supply, wastewater disposal and police protection to serve the use;
4. That upon termination of the use the site shall be restored to its original condition. All materials and equipment associated with the temporary use shall be removed;
5. Those reasonable time limits shall be established for the use, not to exceed 30 days;
6. That the applicants for a temporary use permit shall have all applicable licenses and permits, including fire permits; and
7. That the signage for use be approved by the Planning Department.
(C) Application for temporary use permits. An application for a temporary use permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.
(D) Temporary use permits; appeal of decision of Planning Director. A decision involving a temporary use permit may be appealed to the Planning Commission. An appeal shall be completed by filing a letter with the City Clerk within ten days of the Planning Director’s determination.
(E) Definition of temporary uses and activities. See § 5-2-6 of this title.
(F) Conditional use permits.
1. Use permits that are revocable, conditional or valid for a term may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this section. Because of their unusual characteristics, conditional uses require special consideration so that they may be located and developed properly with respect to the intent and purpose of this title and to their effect on surrounding properties. Conditional use permits require a determination of findings and conditions by the Planning Commission.
2. The Planning Commission may designate such conditions in connection with conditional and revocable use permits as it deems necessary to carry out the purpose of this title, and may require tangible guarantees or evidence that such renditions are being or will be complied with. These conditions may include, but not be limited to:
(a) Dedication of right-of-way, setback, curbs, gutters and sidewalks;
(b) Improvement of vehicle access to the subject property to city standards;
(c) Regulation of height, number of stories;
(d) Regulation of the placement of the use or building of the subject property;
(e) Regulation of the nature, hours of operation, extent of use;
(f) Regulation of lighted community sports facilities for extended hours of use;
(g) Regulation as to transferability of the use; and
(h) Regulation of landscaping for the protection of adjoining and nearby properties.
(G) Recycling locations. Use of parking lots for the establishment of recycling locations as mandated by the California Beverage Container Recycling Litter Reduction Act, being Cal. Public Resources Code, Division 12.1, California Beverage Container Recycling and Little Reduction Act, §§ 14500 et seq., shall not require a conditional use permit.
(H) Application for conditional use permits. Application for conditional use permits shall be made to the Planning Department in writing on a form prescribed by the city and shall be accompanied by an established fee or deposit and copies of plans and elevations showing in detail the proposed use or building. At least one public hearing shall be held on an application to the Planning Commission, notice of which shall be given by one publication in an official newspaper of general circulation in the county at least ten days prior to such hearing and by posting notice on the property involved at least ten days prior to such hearing.
(I) Criteria. In considering an application for conditional use permits, the following criteria shall be as follows.
1. A conditional use permit shall not be granted for the use unreasonably incompatible with permitted uses in the area considering damage and nuisance from light sources, noise, smoke, odor, dust or vibration, hazard resulting from unusual volume or character of traffic, or congestion of a large number of persons or vehicles.
2. A conditional use permit must be considered in relationship to its effect on the general plan for the area in which it is to be located. The conditional use applied for must be in conformance with the general plan land use map and policies.
3. Findings required for approval shall include:
(a) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district;
(b) The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use;
(c) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and
(d) The proposed development is consistent with the general plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant.
(J) Appeal hearing. The applicant, or any interested party, may appeal a decision of the Planning Commission to grant or deny a conditional use permit application. An interested party is anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns prior to the hearing. The appeal must be filed with the City Council within ten days of the Planning Commission’s determination. The City Council shall set a date for the public hearing and give notice to the Planning Commission of such appeal; whereas the Planning Commission shall submit a report to the City Council, setting forth the reasons for action taken by the Commission prior to the appeal hearing. The City Council shall render its decision within 30 days of said public hearing.
(K) Reapplication. In the event of a denial of a conditional use permit, reapplication on the same or substantially the same exception to this title on the same or substantially the same site shall not be filed within one year from the date of denial.
(L) Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.
(Ord. 553, passed 8-16-2005; Ord. 592, passed 8-2-2011; Ord. 619, passed 6-17-2014)