In order to give each district the flexibility necessary to achieve the objectives of this chapter, in certain districts conditional uses are permitted, subject to the granting of a minor conditional use permit. These uses are less routine than permitted uses, and require special consideration so that they may be located properly with respect to the objectives of this title, and with respect to their effects on surrounding properties, but do not necessarily warrant review by the planning commission. In order to achieve these purposes, the zoning administrator is empowered to grant and to deny applications for minor conditional use permits for such conditional uses in such districts as are prescribed in the district regulations and to impose reasonable conditions upon the granting of minor use permits, subject to the right of appeal to the planning commission and/or city council, or to review by the planning commission and/or council. The zoning administrator may refer a minor conditional use permit to the planning commission for review and action if deemed to be controversial or complex in nature.
(Ord. 2155 § 3, 2017)
Application for a minor conditional use permit shall be filed with the zoning administrator on a form prescribed by the director of community development and shall include the following data and maps:
A. 
Name and address of the applicant;
B. 
Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located;
C. 
Address or description of the property;
D. 
Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the performance standards and findings prerequisite to the granting of a use permit, prescribed in Section 18.124.240 of this article;
E. 
An accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance from each boundary of the site determined by the zoning administrator to be necessary to illustrate the relationship to and impact on the surrounding area;
F. 
An accurate scale drawing of the site showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, landscaped areas, trees, fences, and walls;
G. 
The zoning administrator may require additional information, plans and drawings if they are necessary to determine whether the proposed use will comply with all of the applicable provisions of this chapter. The zoning administrator may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.
(Ord. 2155 § 3, 2017)
The application shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this chapter.
(Ord. 2155 § 3, 2017)
Mailed project notifications shall be provided in accordance with the procedures detailed in Section 18.12.044. While public hearings are not automatically required for these projects, any member of the public may request a public hearing. Either administratively, if no hearing is requested, or after conducting the administrative hearing, the Zoning Administrator shall approve, conditionally approve, or disapprove the application.
(Ord. 2155 § 3, 2017; Ord. 2303, 12/6/2025)
A use approved for a minor conditional use permit shall meet the following performance standards:
A. 
The facility shall adhere to all occupancy, ADA, California Building Code, and exiting requirements;
B. 
Adequate parking is available for the use, and the proposal has an effective traffic circulation system including pick-up and drop-off for business patrons; and
C. 
The use meets the requirements of the city's noise ordinance.
The zoning administrator may request a traffic study, noise study, or other professional study in order to determine whether the proposed use meets the above performance standards.
The zoning administrator shall make the following findings before granting a minor conditional use permit:
A.
That the proposed location of the minor conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located;
B.
That the proposed location of the minor conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity;
C.
That the proposed minor conditional use will comply with each of the applicable provisions of this chapter.
(Ord. 2155 § 3, 2017; Ord. 2165 § 1, 2017)
Note: Former § 18.124.250, Effective date of minor conditional use permit, adopted by Ord. 2155, was repealed by Ord. 2303, 12/6/2025.
Note: Former § 18.124.250, Review or appeal, adopted by Ord. 2155, was repealed by Ord. 2303, 12/6/2025.
(Ord. 2155 § 3, 2017)
A. 
A minor conditional use permit shall lapse and shall become void one year following the date on which the minor conditional use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required, or the applicant or his or her successor has filed a request for extension with the zoning administrator pursuant to the provisions of Section 18.12.030.
B. 
A minor conditional use permit shall lapse and become void if the use is abandoned or discontinued for a continuous period of one year or more. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use. Indicia of abandonment or discontinuance may include, but not be limited to, lack of business license, no utility service, etc.
1. 
A property owner or tenant (the "applicant") seeking to operate pursuant to a minor conditional use permit that has lapsed for twenty-four months or less may make a written application to the zoning administrator for relief of this lapse provision by: paying the minor conditional use permit application fee; and demonstrating that:
a. 
The use will be operated in a substantially similar manner as provided in the minor conditional use permit and historic operations;
b. 
There has been no change in circumstances under which the use would operate that would create new or increased impacts to nearby uses and persons;
c. 
The property owner or tenant have been taking reasonable efforts to reestablish the use but have been unable to do so due to circumstances beyond their control or other good cause; and
d. 
The operation of the use would qualify as a Class 1 Categorical Exemption under the California Environmental Quality Act pursuant to 14 CCR 15301 Existing Facilities, as amended.
2. 
The zoning administrator may require that the applicant provide supplemental information.
3. 
After receipt of a complete application, the zoning administrator will issue a written decision within 30 days. A summary of the decision will be mailed to the owners and tenants of property within 300 feet of the site.
4. 
The decision of the zoning administrator shall not be effective for 15 days following the date of the decision, and during which time the decision is subject to appeal as provided in Chapter 18.144.
(Ord. 2155 § 3, 2017; Ord. 2165 § 1, 2017; Ord. 2192 § 2, 2019)
Upon violation of any applicable provision of this chapter, or, if granted subject to conditions, upon failure to comply with conditions, a minor conditional use permit shall be subject to modification, suspension, or revocation. The planning commission shall hold a public hearing within a reasonable time to consider such modification, suspension, or revocation in accord with the procedure prescribed in Section 18.124.040, and if not satisfied that the regulation, general provision or condition is being complied with, may modify, suspend, or revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within 10 days following the date of a decision of the commission modifying, suspending, or revoking a use permit, the secretary shall transmit to the city council written notice of the decision. The decision shall become final 15 days following the date on which the minor conditional use permit was suspended or revoked or on the day following the next meeting of the council, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review and decline to affirm the decision of the commission, in which cases Section 18.124.090 shall apply.
(Ord. 2155 § 3, 2017)
Following the denial of a minor conditional use permit application or the revocation of a minor conditional use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the minor conditional use permit.
(Ord. 2155 § 3, 2017)
A minor conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.
(Ord. 2155 § 3, 2017)
All uses subject to a minor conditional use permit shall be subject to design review as prescribed in Chapter 18.20 of this title. Applicants are advised to confer with the zoning administrator before preparing detailed plans.
(Ord. 2155 § 3, 2017)