Uses permitted subject to conditional use permit are those uses necessary for the development of the community, having inherent qualities or characteristics which, unless provided for, would cause such uses to be incompatible or inharmonious with adjacent or nearby permitted uses.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
The applicant shall submit an application that meets the requirements of the City's planning application packet, but at a minimum, consisting of the following:
A. 
A completed planning application form, including a written project description discussing all existing and proposed structures and uses.
B. 
The required application deposit.
C. 
Four plan sets, including a site plan, floor plans, a roof plan, and complete set of elevations.
D. 
Landscape plans, if applicable and deemed necessary by planning staff.
E. 
Site photos including photos from any street frontage.
F. 
One set of mailing labels with the addresses of property owners within a 300-foot radius of the subject property, and adequate first-class postage for a single mailing to these recipients.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
A deposit set by a resolution shall accompany the application. Conditional use permits issued for a specified period of time may be extended for an additional period of time without additional deposit.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
The procedure for requesting and obtaining a conditional use permit is as follows:
A. 
The applicant fills out a permit application for conditional use and submits the required application deposit.
B. 
Staff reviews the application materials, conducts a preliminary review of the project's compliance with zoning code requirements, and determines if the application is complete for processing or if additional materials are needed. If the application is deemed incomplete for processing, an incomplete letter shall be transmitted no later than 30 days after receiving the application materials.
C. 
Once application is complete, staff prepares a staff report and resolution which contains findings and conditions of approval. The project is then placed on the agenda for the next available City Council meeting. Plan sets associated with the request would be included in each Councilmember's packet for review prior to the meeting.
D. 
During the City Council's consideration of the request, the applicant and their architect or agent would present the project and field any questions from the Council. If the design is acceptable as proposed or with minor changes or revisions that are of the nature that they could be verified by staff without the need for returning to the Council, the conditional use permit may be approved or conditionally approved. If more substantive revisions are deemed necessary, the Council's comments at the meeting shall be conveyed to the applicant, who would then have the responsibility for addressing these comments through the preparation of revised plans and reconsideration at a future Council hearing.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
The City Council shall consider the following design components when considering an application for a conditional use permit:
A. 
Overall design of new or enlarged structures and the architectural style.
B. 
Physical and design relation with existing and proposed structures on the same site and in the immediately affected surrounding area.
C. 
Site layout, orientation, and location of buildings, and relationship with open areas and topography.
D. 
Colors, types, and variation of building materials.
E. 
Height, bulk, scale and area coverage of buildings and structures and other site improvements.
F. 
Potential interference with existing scenic views.
G. 
Height, materials, colors, and variations in boundary walls, fences, or screen planting.
H. 
Location and type of existing and proposed landscaping.
I. 
Reduction or elimination of on-site parking within the MIX zone district, only after the Director makes Finding N (Section 18.73.100(N)).
(Ord. 2023-509 §4)
A. 
For all conditional use permits, notice of a pending conditional use permit application shall be mailed to adjacent property owners within a 300-foot radius of the proposed development. Notices shall be mailed out at least 10 calendar days in advance of the meeting at which the City Council will consider the conditional use permit. Minor design review permit applications shall not require mailed notices to be sent.
B. 
For conditional use permits, at least 10 calendar days prior to the meeting at which the City Council will consider the conditional use permit, at least 3 notices of the pending application shall be posted in a publicly accessible location on City property, with such notice maintained on site until the day after the City Council meeting.
(Ord. 2023-509 §4)
Conditional use permits will be considered by the City Council. The Council may approve, conditionally approve, or deny a Conditional Use Permit.
(Ord. 2023-509 §4)
A. 
After the conclusion of the public hearing comment period for the project, the City Council shall determine whether or not the establishment, maintenance or operation of the use which is applied for will be consistent with the findings below:
1. 
The project or use shall be consistent with applicable provisions of the General Plan and zoning ordinance.
2. 
The project or use shall not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.
3. 
Should the zoning ordinance require both a CUP and design review, Section 18.73.030(A) states that only the CUP shall be processed by the City Council. However, in such cases, the findings for design review (Section 18.73.100) shall be required as part of the CUP approval process.
B. 
If the Council can make the findings above, it may grant the conditional use permit.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
The City Council's decision concerning any matter it considers under this title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.
(Ord. 2023-509 §4)
Uses which the Planning Director determines to be similar to the permitted uses in each district and which fall within the intent and purpose of the district, and that will not be obnoxious or detrimental to the public welfare, and compatible with adjoining land uses, and which are of a comparable nature and of the same classes as the uses enumerated for said district, shall be allowed as permitted uses therein. The Planning Director may also consider and render decisions on matters of slight modification and minor adjustment deemed necessary in connection with the efficient administration of this title. Whenever the lawfulness of such a determination is called in question in any manner, the same shall be submitted to the City Attorney whose decision shall be determinative.
(Ord. 2023-509 §4)