A. Review Authority. Conditional use permits may be granted in compliance with the following:
1. Commission. The commission may grant conditional use permits for any use listed in Article II (Zoning Districts and Allowable Land Uses) as requiring a conditional use permit; and
2. Director. The director may grant minor conditional use permits, in compliance with subsection B of this section, unless the application is referred to commission for further review for the reasons stated in Section 16.52.020.B.2 (Authority to Approve Minor Conditional Use Permits) through B.4 (Director's Decision on Minor Conditional Use Permits). This referral would not be considered an appeal action and the use would be still subject to the appeal provisions of Chapter 16.78 (Appeals).
B. Minor Conditional Use Permits.
1. Minor Conditional Use Permits may be granted for only the following land use activities, in addition to those listed in Article II (Zoning Districts and Allowable Land Uses) or Article III (Site Planning and General Development Standards) as requiring a minor conditional use permit:
a. Alcoholic Beverage Sales. Alcoholic beverage sales for on-site consumption pursuant to the standards set forth in Section 16.44.030 (Alcoholic Beverage Sales);
b. Bulk Vending Machines and Small Collection Facilities. Pursuant to the standards set forth in Section 16.44.140 (Recycling Facilities);
c. Electric Vehicle Charging Stations. Pursuant to the appeal provisions as described within Section 15.63 (Electric Vehicle Charging Stations);
d. Hazardous Materials Storage. Storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold specified in the uniform building code pursuant to Section 16.18.070 (Hazardous Materials Storage);
e. Indoor Commercial Recreation. Indoor recreation facilities including amusement centers, game arcades, pool/billiard rooms, and similar uses as determined by the director, but not including cyber cafes as defined in Section 5.14.010;
f. Indoor Vehicle Sales. The sale of vehicles conducted entirely within a building;
g. Outdoor Display and Storage. Permanent area(s) for the outdoor display and sale of merchandise pursuant to the standards set forth in Section 16.44.120 (Outdoor Display and Sales Standards) and permanent area(s) for outside storage pursuant to the standards set forth in Sections 16.44.120 (Outdoor Display and Sales Standards) and 16.44.130 (Outdoor Storage);
h. Outdoor Dining and Seating. Pursuant to the standards set forth in Section 16.44.120C (Outdoor Dining and Seating Areas);
i. Wireless Communications Facilities. Pursuant to the standards set forth in Section 16.44.170 (Telecommunication Facilities); and
j. Non-commercial Wind Energy Conversion System. Pursuant to the standards set forth in Section 16.44.220 (Non-Commercial Wind Energy Conversion Systems).
k. Residential Wedding/Event Facilities. Pursuant to the standards set forth in Section 16.44.230 (Residential Wedding/Event Facilities).
2. Authority to Approve Minor Conditional Use Permits.
a. The Planning Commission shall retain the authority to approve, conditionally approve, or disapprove a Minor Conditional Use Permit application if an application is referred for their decision, or if public hearing is requested.
b. The director shall have the authority to approve, conditionally approve, or disapprove applications for a Minor Conditional Use Permit unless otherwise stated.
c. The director shall serve as the environmental review officer and shall make decisions for implementing Minor Conditional Use Permits in compliance with the California Environmental Quality Act (CEQA) as pursuant to Section 16.01.040 (Relationship to California Environmental Quality Act). Preliminary noticing shall be provided pursuant to CEQA requirements. If the Minor Conditional Use Permit application is referred to the Planning Commission for further consideration, the Commission would then be designated as the environmental review decision body for CEQA.
d. For Minor Conditional Use Permits that may have special community impacts or other unique circumstances, the director may refer the application to the commission for review. Noticing for would be provided pursuant to Chapter 16.76 "Public Hearings".
3. Review.
a. The director shall review each Minor Conditional Use Permit application filed pursuant to this chapter. If required, the director shall prepare a written report for the commission describing the proposed use for which the commission makes the decision.
4. Director's Decision on Minor Conditional Use Permits.
a. Notice of Intent to Approve or Deny. For a Minor Conditional Use permit application within the director's approval authority, the director shall make a decision to approve, conditionally approve or disapprove the minor conditional use permit and corresponding CEQA determination pursuant to the following requirements:
i. The notice shall provide that any person notified may submit written comments on the application no later than 10 days after the date of the notice.
ii. The notice shall specify that an individual can request a public hearing at the Planning Commission no later than 10 days after the date of the notice.
iii. The applicant can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial, no later than 10 days after the date of the notice.
v. This notice shall also be provided to appropriate City Departments.
vi. If the last day to file a request for a public hearing falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the request.
b. Notice of Public Hearing. If the director receives a timely filed written request for a public hearing or review of the director's decision, the director shall schedule a public hearing with the Planning Commission and shall provide public notice pursuant to Chapter 16.76 (Public Hearings), notify the applicant and/or subdivider, any interested parties, and appropriate City departments and agencies of the date, time and location of the hearing.
c. Approval. If the action is to approve the permit, the director shall identify all the applicable findings and appropriate Conditions of Approval. This documentation shall be transmitted to the applicant.
d. Denial. If the director's decision is to disapprove the Minor Conditional Use Permit application, the decision shall include the reasons for the disapproval and corresponding findings. Furthermore, the applicant can request a public hearing at the Planning Commission for review of the decision.
e. Notice of Decision. In the event no person makes a written request for review within the time prescribed in subsection (a), or files an appeal as prescribed under subsection (f) after the decision date, the decision shall become final. The director shall provide a final notice of approval or disapproval with the corresponding CEQA determination to the applicant, any interested parties, and appropriate City departments.
f. Project and CEQA Appeal. Minor Conditional Use Permits as reviewed by the director or by the Planning Commission shall be subject to appeal provisions as described within Section 16.78 (Appeals).
(Ord. 556 §§ 18, 19, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 486-14 § 2,2014; Ord. 430-10 § 7, 2010; Ord. 427- 09 § 5, 2009; Ord. 412 § 5, 2008; Ord. 408 § 3, 2008; Ord. 293 § 1 (part), 2004; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)