(A) A property owner or a designated representative may apply to the city for a conditional use, using forms available from the Zoning Administrator. If the request is by a designated representative, the designation shall be in writing, signed by the property owner, and filed with the application fees.
(B) (1) An applicant shall submit a preliminary development/redevelopment plan to the Planning and Zoning Board.
(2) The plan shall include, but not be limited to:
(a) The location and legal description of the property;
(b) Position, size, and use of all structures, improvements, and facilities to be constructed/reconstructed;
(c) Location of all points of ingress and egress and internal traffic circulation pattern;
(d) If applicable, landscape, lighting, and drainage plan;
(e) Parking plan; and
(f) Such other architectural and engineering data as may be required by the Planning and Zoning Board.
(C) The city shall set a date for public hearing on the request. Said date for the public hearing shall be a day when the Planning and Zoning Board is regularly scheduled to meet as determined by the rules, policies, and regulations as adopted or which may hereafter be adopted by the Planning and Zoning Board for holding public hearings on such requests, or the Planning and Zoning Board may designate a special meeting at which to hear a requested conditional use application. The Planning and Zoning Board shall act on all applications within 90 days of submission of the application, or the application shall automatically be approved; provided, however, that, the applicant may waive this requirement in writing and consent to the extension of the period.
(D) Notification of surrounding property owners, tenants, and interested parties shall be accomplished by the following.
(1) A sign noting the fact that a conditional use permit request is pending shall be posted on the site not less than ten calendar days before the public hearing before the Planning and Zoning Board. The sign shall be maintained on the site until the final action has taken action on the request or the petition is withdrawn. Approved signs shall be secured from the city who shall require a reasonable deposit sufficient to cover the cost of replacement of the sign or signs and who shall determine the number and location of the sign or signs to be posted on the site addressed in the petition for conditional use permit.
(2) The petitioner shall submit postal receipts to demonstrate a good faith attempt to notify by certified letter with return receipt all property owners within 250 feet, inclusive of public right-of-way, of the site measured from the perimeter of the lot or lots which contain the buildings and area dedicated to the proposed use. The certified mailings shall include the date set for the hearing before the Planning and Zoning Board and contemplated uses, and shall be on a form provided by the city. The property owners listing shall be prepared by the city and based on the County Director of Equalization office records of ownership and addresses. Notices are to be sent by the applicant to all parties on the aforementioned list by certified mail with return receipt requested no less than ten calendar days prior to the public hearing on the request held by the Planning and Zoning Board.
(3) The Planning and Zoning Board shall hold its public hearing, having given ten days notice of the date, place, and time of the hearing in the city’s designated legal newspaper.
(E) The Planning and Zoning Board may impose such conditions regarding the location, character, or other features of the proposed use or buildings as it may deem advisable in the furtherance of the general purposes of this chapter. The Planning and Zoning Board shall makes its decision, fully setting forth its findings and conditions, if any, for approval. Any decision to grant a conditional uses shall be based upon and accompanied by a statement regarding:
(1) The objectives of the Comprehensive Plan;
(2) The purpose of this chapter and its relevant zoning districts when making a decision to approve or disapprove a conditional use permit; and
(3) The following conditional use standards:
(a) The location, character, and natural features of the property;
(b) The location, character, and design of adjacent buildings;
(c) Proposed fencing, screening, and landscaping;
(d) Proposed vegetation, topography, and natural drainage;
(e) Proposed pedestrian and vehicular access, circulation, and parking, including that related to bicycles and other unpowered vehicles and provisions for handicapped persons;
(f) Existing traffic and traffic to be generated by the proposed use;
(g) Proposed signs and lighting;
(h) The availability of public utilities and services;
(i) The objectives of the adopted Comprehensive Plan and the purpose of the ordinance codified herein;
(j) The overall density, yard height, and other requirements of the zone in which it is located;
(k) The effects of noise, odor, smoke, dust, air, and water pollution and the degree of control through the use of clarifiers, screening, setbacks, and orientation; and
(l) The degree to which conditions imposed will mitigate any probable adverse impacts of the proposed use on existing adjacent uses.
(Ord. passed 2-3-2011, § 2.36.020)