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)
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)