A. 
The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. To ensure compatibility with zoning regulations and surrounding properties, conditional uses require special consideration. The Administrative Use Permit and Conditional Use Permit are provided for this purpose.
B. 
The Director is empowered to grant and deny applications for Administrative Use Permits and to impose reasonable conditions upon the granting of such permit.
C. 
The Planning Commission is empowered to grant and deny applications for Conditional Use Permits and to impose reasonable conditions upon the granting of such permit.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
Approval of an Administrative Use Permit or a Conditional Use Permit is required to authorize proposed land uses specified by Division 2 (Zones, Allowable Uses, and Development Standards) as being allowable in the applicable zone when subject to the approval of an Administrative Use Permit or a Conditional Use Permit.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
Generally. An application for an Administrative Use Permit or a Conditional Use Permit shall be filed and processed in compliance with Sections 17.30.030 (Application Filing) through 17.30.080 (Staff Reports and Recommendations). The application shall include the information and materials specified in the most up-to-date Department handout for Administrative Use Permit and Conditional Use Permit applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.32.070 (Required Findings for Administrative Use Permits and Conditional Use Permits), below.
B. 
For Massage Establishments. In addition to the requirements of subsection A above, an application for a massage establishment shall include a floor plan drawn to scale and showing entrances; exits; windows; interior doors; restrooms; all other separately enclosed rooms with dimensions including, but not limited to, closets, storerooms, break rooms, and changing rooms; and the location of all massage tables and chairs. All massage establishments shall comply with Chapter 5.32 (Massage) of the Municipal Code.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
The Director shall review the process an application in accordance with the standards set forth in this Division 5 and may impose reasonable conditions of approval.
B. 
No public notice and no public hearing shall be required for an Administrative Use Permit. Within 10 working days from the date an application is deemed complete, the Director shall issue a written determination as to the approval, conditional approval, or denial of the application. The written determination shall state the findings for decisions.
(Ord. 19-03 § 3, 2019)
A. 
Investigation by Director. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter. A staff report shall be prepared pursuant to Section 17.30.080 (Staff Reports and Recommendations).
B. 
Notice and Hearings.
1. 
A public hearing before the Planning Commission shall be required for all Conditional Use Permits.
2. 
A public hearing shall be scheduled once the Director has determined the application complete.
3. 
Noticing of the public hearing shall be given in compliance with Chapter 17.56 (Public Hearings and Notices).
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
In approving an Administrative Use Permit or Conditional Use Permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with this chapter, State law, and with the findings required by Section 17.32.070 (Required Findings for Administrative Use Permits and Conditional Use Permits).
(Ord. 19-03 § 3, 2019)
Before an Administrative Use Permit or Conditional Use Permit may be granted, review authority shall make the following findings:
A. 
The proposed use is consistent with the General Plan and any applicable specific plan;
B. 
The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Zoning Code and the Municipal Code;
C. 
The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;
D. 
The site is physically suitable in terms of:
1. 
Its design, location, shape, size, and operating characteristics of the proposed use to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood;
2. 
Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access;
3. 
Public protection services (e.g., fire protection, police protection, etc.); and
4. 
The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
E. 
The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
An Administrative Use Permit or Conditional Use Permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.
B. 
In addition to securing a business license, any new applicant seeking to operate a previously approved use in substantial compliance with an existing Administrative Use Permit or Conditional Use Permit shall submit a project description (e.g., narrative and/or a site and floor plan) to the Director ensuring that the new operation would be in compliance with the previous use and that the new applicant agrees to operate in full compliance with the previously issued conditions of approval. A fee may be imposed for the review of the project description and conditions of approval in compliance with the City's fee resolution.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)