Loading...
The purpose of this chapter is to provide a process for reviewing conditional use permit applications which are intended to allow the establishment of uses which are deemed to have some special impact, uniqueness, or effect on the neighborhood surrounding the subject site. The permit application process allows for the review of the location and design of the proposed use, configuration of improvements, potential impact(s) on the surrounding neighborhood, and to ensure that development in each zoning district protects the integrity of that district.
At the time of an application for a conditional use permit, a review of the location, design configuration, and potential impact(s) of the proposed project shall be conducted by comparing the project to established standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit to be derived from the use against any adverse impact(s) it may cause.
(Ord. 182 § 2 (part), 1997)
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)
A. Applications. Applications for conditional use permits shall be filed in compliance with Chapter 16.48 (Application Filing, Processing, and Fees).
B. Information. Information based on the handout provided by the department.
(Ord. 412 § 6, 2008; Ord. 182 § 2 (part), 1997)
Following a review of the application and public hearing in compliance with Chapter 16.76, the applicable review authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner per use type as described below:
A. The proposed residential use is conditionally allowed within-the subject zoning district and complies with all applicable provisions of this development code; or
B. The proposed non-residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;
C. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan;
D. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;
E. The site is suitable for the type and intensity of use or development that is proposed;
F. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and
G. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.
(Ord. 598-23 § 7, 2023; Ord. 182 § 2 (part), 1997)
In approving a conditional use permit, the applicable review authority may impose specific locational, develop-mental, and operational conditions relating to both on- and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the use and development of the property conform with the site plan, architectural drawings, and statements submitted in support of the application or with modifications that would be deemed necessary to protect the public convenience, health, safety, and general welfare.
Additionally, the conditions shall ensure compliance with the objectives of the general plan and any applicable specific plan, the findings required by Section 16.52.040 (Findings and Decision), above, this development code, and to carry out the purpose and requirements of the respective zoning district.
(Ord. 182 § 2 (part), 1997)
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a conditional use permit:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved conditional use permit shall expire three years from the date of approval, unless a permit has been issued or construction of the project is substantially completed before its expiration, in compliance with Chapter 16.80 (Permit Implementation, Time Limits, and Extensions). Time extensions may be granted in compliance with Section 16.80.060 (Time Extension), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the conditional use permit. If the use granted by the conditional use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved conditional use permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved conditional use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved conditional use permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a conditional use permit holder, the director may issue an order suspending the conditional use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit holder by first-class U.S. mail and by posting the subject property.
2. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operations by a conditional use permit holder, the director shall notify the permit holder and specify how the violation(s) can be remedied and the time frame within which the violations must be corrected. If the permit holder has not remedied the violation(s) in the required time frame, the director may schedule a public hearing to consider the revocation of a conditional use permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the conditional use permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
G. Run With the Land. The conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of owner-ship of the land or any lawfully existing structure on the land.
H. Expiration of Permit. A conditional use permit shall be considered to have expired if the use for which the permit was granted ceased or was suspended for at least one hundred eighty (180) successive days.
(Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)