The purpose of this title, constituting a Comprehensive Zoning Plan, is to provide for the proper location of various types of land uses, and to that end to classify, insofar as it is practical to do so, types of land use in order to provide one or more districts and where such uses shall be permitted. It is recognized, however, that certain types of land use require specialized consideration prior to their being permitted in a particular district. The reason for requiring such special consideration involving, among other things, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to their operation, and the effect which such uses may have on adjoining land uses and on the growth and development of the community as a whole. This title, therefore, provides that certain uses may be permitted in any district unless expressly prohibited, subject to the securing of a Conditional Use Permit or Minor Use Permit. The approving authority, therefore, upon application being made to it in accordance with the provisions hereinafter set forth, following a duly noticed public hearing may grant a Conditional Use Permit or a Minor Use Permit for any use listed whenever it is found necessary or desirable for the development of the community, and in harmony with the various elements or objectives of the General Plan, and not detrimental to the existing uses or the uses specifically permitted in the district in which the proposed use is to be located. In granting any such Conditional Use Permit or Minor Use Permit, the approving authority may impose such conditions which shall be set forth in the permit as it may determine to be necessary in order to safeguard and to protect the public health, safety and general welfare, and to insure the development of the use as permitted being completed in accordance with such plans as the commission may approve.
(Prior code § 19-22.1; Ord. 1271 § 5, 2/24/14)
Whenever in any district certain uses are listed as permissible subject to the issuance of a Conditional Use Permit or Minor Use Permit, such permit can be issued provided the conditions precedent as set forth in this chapter are satisfied and complied with.
(Prior code § 19-22.3; Ord. 1271 § 5, 2/24/14)
A. 
Written application for the approval of the uses referred to in this chapter shall be filed with the City with accompanying plans, supporting information and an application fee as established by City Council.
B. 
Within 30 days of submittal of the application, the Planning Director, or designee, shall determine if the application is complete.
(Prior code § 19-22.4)
Before the Commission or City Council grants approval of a Conditional Use Permit, or the Director grants approval of a Minor Use Permit, the approving authority shall be satisfied all the following conditions are met:
A. 
The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit or Minor Use Permit is authorized by this title.
B. 
The said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the Master Plan, and is not detrimental to existing uses or to uses specifically permitted in the district in which the proposed use is to be located.
C. 
The site for the intended use is adequate in size and shape to accommodate said use, and for all the yards, setbacks, walls or fences, landscaping and other features that may be required in order to adjust said use to those existing or possible future uses of land in the neighborhood.
D. 
The site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.
(Prior code § 19-22.5; Ord. 1271 § 5, 2/24/14)
A. 
Minor Use Permits. The Director shall grant approval of Minor Use Permits or may choose to refer any Minor Use Permit application to the Planning Commission for review and final decision. Before a decision on a Minor Use Permit, the City shall provide notice in compliance with Chapter 17.710, and as follows.
1. 
Notice.
a. 
The notice shall state the Director will decide whether to grant approval of the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested, in writing, by any interested person at least 10 days before the specified date for the decision.
b. 
The written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings identified in Section 17.96.040).
c. 
If the Director determines the evidence has merit and can be properly addressed by a condition(s) added to the Minor Use Permit approval, then the Director may consider the permit in compliance with Subparagraph 3., below; provided, that no hearing is requested pursuant to Subparagraph 1.a., above.
2. 
If a Hearing Is Requested. If a public hearing is requested, and the provisions of Subparagraph 1.c., above, do not apply, then the Director shall schedule the hearing that shall be noticed and conducted in compliance with Chapter 17.108.
3. 
If No Hearing Is Requested. If no public hearing is requested, then the Director shall render a decision on the date specified in the notice referred to in Subparagraph 1.a., above.
4. 
Appeals. The Director's decision is appealable to the Commission in compliance with Chapter 17.112.
B. 
Conditional Use Permits.
1. 
Not more than 10 days following completion of Commission action, the Planning Commission shall announce its findings by formal resolution, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the granting or denial of the Conditional Use Permit necessary to carry out the provisions of this chapter and the general purpose of this title; and if such resolution grants a Conditional Use Permit, it shall also recite such conditions and limitations as may be imposed to serve the purpose of this chapter, and forthwith transmit a copy of its action to the applicant.
2. 
The action of the Planning Commission on any such Conditional Use Permit shall be final and effective within 10 days following final action thereon; provided, however, that if:
a. 
Within such 10 day period an appeal in writing is filed with the application fee, as established by the City Council in the manner prescribed in Chapter 17.112 of this title, then the filing of said appeal within such time limit shall serve to hold in abeyance of the effective date of the Conditional Use Permit granted by the action of the Planning Commission until such time as the City Council, in the manner prescribed in Chapter 17.112 hereof, shall have held a de novo public hearing on such appeal. The decision of the City Council on such appeal shall be final and conclusive.
b. 
Such Conditional Use Permit action, absent an appeal, is part of a proposal for which other discretionary approval from the City Council is required pursuant to State law or this Code (e.g., general plan amendment, zone change, zone overlay, zoning ordinance text amendment, planned development), then the decision of the Planning Commission shall be advisory only. The decision of the City Council on such Conditional Use Permit shall be final and conclusive.
(Prior code § 19-22.6; Ord. 1271 § 5, 2/24/14)
Every Conditional Use Permit and Minor Use Permit issued after the effective date of the ordinance codified in this title shall terminate and become void unless:
A. 
The uses authorized by such permit shall be commenced by construction necessary and incident thereto on or before the time limit specified in such permit, and thereafter diligently advanced or if no time is specified, on or before one year after the date such permit was approved. In all cases, the approving authority (i.e., Planning Commission in the case of Conditional Use Permits and Director in the case of Minor Use Permits) for good cause shown before the expiration of such time limit, may extend such time limit once for a period of up to one year.
B. 
All uses shall be continuously operated for the use permitted. If said use ceases to exist for 180 days or more it shall be deemed expired and void.
(Prior code § 19-22.7; Ord. 1271 § 5, 2/24/14)
Conditional Use Permits and Minor Use Permits may be revoked or modified by the approving authority (i.e., Director, Commission, or City Council) after a public hearing on any one or more of the following grounds:
A. 
That the approval was obtained by fraud;
B. 
That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
C. 
That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.
(Prior code § 19-22.8; Ord. 1271 § 5, 2/24/14)
A. 
The Commission or City Council may establish reasonable conditions granting any permit which the Commission or City Council finds and determines are necessary to assure the intent and purpose of this title. In granting a permit under this chapter, the Planning Commission or City Council shall designate such lawful conditions in connection therewith which the Commission or City Council shall find and determine are necessary to secure substantial protection for the public health, safety, comfort, convenience and general welfare. Such conditions may include, but are not limited to, any or all of the following:
1. 
Dedication and improvement of public streets, which improvements may include curb, gutter, sidewalk and paving.
2. 
Sidewalk, fences, barriers, color palette, landscaping or other site or design amenities to assure the orderly transition from adjacent uses to the use approved.
B. 
Any use permitted under this chapter shall be established and conducted in conformity with the terms of the conditions designated in connection therewith. The City may require that the applicant post with the City a satisfactory performance bond as to any conditions imposed in an amount equal to the estimated cost plus 10%. This bond may be furnished by a qualified surety company.
(Prior code § 1922.9)
The City Council may waive the filing fee at its discretion in the case of a charitable institution.
(Prior code § 19-22.10)
The City may conduct a periodic review of the permit to ensure proper compliance with this Zoning Code and any developmental or operational conditions imposed by the approving authority.
(Ord. 1271 § 5, 2/24/14)