Loading...
A decision of the Director shall become final and conclusive at the time of expiration of the appeal period ten calendar days after the date of the decision unless prior to the expiration of such period a timely appeal or notice requesting review in proper form is filed with the Planning Commission. In the event an appeal period ends on a day when the city is closed for business, the appeal period shall be extended to the next business day. The filing of such an appeal or notice requesting review shall automatically stay the execution of the decision of the Director pending rendition of a decision by the Planning Commission.
(Ord. No. 3039)
(A) A person may file an appeal on a decision of the Director approving or denying an application for a development design review permit not later than ten days after the date of the decision.
(B) A review of a decision of the Director may be commenced by the City Manager or designee or a member of the City Council by filing with the City Clerk an original and two copies of a notice requesting review.
(C) An appeal may be commenced by any person or entity aggrieved or directly affected by a decision of the Director by filing with the Secretary of the Planning Commission an original and two copies of a notice of appeal that specifies the grounds for appeal and the relief requested. The Secretary of the Planning Commission shall set the date of hearing on the appeal within a reasonable period of time after receipt of the appeal, and shall give notice of a public hearing on the appeal pursuant to Cal. Gov't Code Section 65091.
(Ord. No. 3039)
DIVISION 3. SPECIAL USE PERMIT
(A) Whenever this chapter provides that a particular use may be permitted by special use permit, an application for a special use permit shall be determined as provided in this article.
(B) Special use permits authorized by this chapter are granted for such time and upon such conditions and limitations as are deemed necessary to preserve the integrity and character of the zoning district, the utility and value of adjacent property and the general welfare of the neighborhood and the public.
(`64 Code, Sec. 34-146) (Ord. No. 917, 1491, 1513, 1671, 2367, 2445)
Before a special use permit may be granted, the applicant must show and the commission must find that the proposed use is in conformance with the general plan and other adopted standards and that the following conditions are met:
(A) The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed special use permit shall be granted if the approval body finds such use will adversely affect or be materially detrimental to such adjacent uses, buildings or structures or to the public health, safety or general welfare.
(B) The site that is subject to the special use permit shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and items which may be required by section 16-532.
(C) The site that is subject to the special use permit shall be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
(D) The site that is subject to the special use permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.
(`64 Code, Sec. 34-147) (Ord. No. 917, 2367, 2445)
The conditions imposed on a special use permit may involve any factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:
(A) Special yards, open spaces and buffer areas;
(B) Fences and walls;
(C) Traffic circulation and parking facilities, including vehicular ingress and egress and the surfacing and lighting of parking areas to specified standards;
(D) Street and alley dedications and improvements, including sidewalks, curbs and gutters;
(E) Water supply, fire protection, sewerage service and storm drainage facilities;
(F) Landscaping and maintenance of grounds;
(G) Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;
(H) Regulation of operating hours for activities affecting normal neighborhood schedules and functions;
(I) Regulation of signs and outdoor advertising;
(J) A specified period limiting the time in which development may begin;
(K) Provision for a bond or other surety that the proposed special use will be removed on or before a special date;
(L) Height limitations to protect the character and integrity of abutting parcels or the general welfare;
(M) Residential density, by specifying the number of dwelling units per acre; and
(N) Such other conditions as will make possible the development of the proposed special use in an orderly and efficient manner and in general accordance with the intent of this chapter.
(`64 Code, Sec. 34-148) (Ord. No. 917, 2367, 2445)
The application for a special use permit shall be on forms prescribed by the city staff and shall furnish a description of the property for which the special use permit is sought and a map or site plan showing the exterior boundaries of the area to be included in the use permit. The director may require the applicant to show elevations, perspective drawings of the proposed improvements, or building plans if such information is pertinent to determining the application. Plans or other supporting data may be required by city staff.
(`64 Code, Sec. 34-149) (Ord. No. 917)
(A) Application for a special use permit, variance, or planned development permit may be initiated by:
(1) A resolution of intention by the commission or city council;
(2) An owner of the affected property or the owner’s designated attorney in fact;
(3) A lessee who holds a lease, the terms of which permit the use applied for, or the lessee’s designated attorney in fact; and
(4) A plaintiff in an action in eminent domain to acquire the property as to which the special use permit, variance or planned development permit is sought.
(B) If an application for a special use permit, variance or planned development permit has been denied, a new application for the same entitlement relating to the same property shall not be accepted within 12 months of the denial. This provision may be waived by a majority of the city council on finding that, by reason of changed physical, legal or sociological circumstances, consideration of a new application for same entitlement would be in the public interest.
(`64 Code, Sec. 34-150) (Ord. No. 917, 1541, 2367, 2445)
Loading...