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. The procedures specified in this Article are intended to provide a means whereby the decision making body may modify and condition such uses to the extent that such uses can be made compatible and harmonious with adjacent uses.
(Ord. 2019-04 § 1, eff. 7/4/19)
Application may be made by a property owner or authorized agent of the property owner upon forms provided by the Community Development Department.
(a) 
Such applications shall be filed with the Community Development Department.
(b) 
The Community Development Department shall charge and collect a filing fee for each such application, as determined by resolution of the Council.
(c) 
The Director, or his/her designee, shall determine whether the application contains all of the information and items necessary to make a determination on the application as required by the provisions of this Article. If the Director or his/her designee determines that the application is not complete, the applicant must be notified in writing within 30 calendar days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete.
(Ord. 2019-04 § 1, eff. 7/4/19)
The Community Development Department shall charge and collect a filing fee for each such application, as determined by resolution of the Council.
(Ord. 2019-04 § 1, eff. 7/4/19)
Upon acceptance of a complete application, and completion of environmental review the Secretary of the decision making body shall set the matter for hearing before the decision making body, the hearing to be within a reasonable time. Notice of the time, place and date of the hearing shall be made in accordance with Section 65091 of the California Government Code.
(Ord. 2019-04 § 1, eff. 7/4/19)
The decision making body, in approving a conditional use permit, shall by motion by an affirmative vote of a majority of its voting members, find as follows:
(a) 
That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adapt such use with the land and uses in the vicinity;
(b) 
That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
(c) 
That the proposed use will have no adverse effect upon abutting property;
(d) 
That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development;
(e) 
That the conditions stated in the decision are necessary to protect the public health, safety and general welfare.
(Ord. 2019-04 § 1, eff. 7/4/19)
The decision making body shall impose the following general conditions upon every conditional use permit and planned development permit granted:
(a) 
That the right to use the permit shall be contingent upon the fulfillment of all general and special conditions imposed by the permit procedure;
(b) 
That all of the conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his or her successors or assigns;
(c) 
That all of the conditions shall be consented to in writing by the applicant and the property owner.
(d) 
That owner of the land, his or her successors or assigns shall comply with all the conditions or the City may reconsider or revoke the permit pursuant to Article 5 of this Chapter.
(Ord. 2019-04 § 1, eff. 7/4/19)
The decision making body may, in addition to any general conditions, impose special conditions upon a conditional use permit or planned development permit granted. Such conditions may include, but are not limited to:
(a) 
Regulation of use,
(b) 
Special yards, spaces and buffers,
(c) 
Special fences, solid fences and walls,
(d) 
Surfacing of parking areas,
(e) 
Requiring street, service road or alley dedications and improvements or appropriate bonds,
(f) 
Regulation of points of vehicular ingress and egress,
(g) 
Regulation of signs,
(h) 
Landscaping plan designed by landscape architect,
(i) 
Requiring maintenance of the grounds,
(j) 
Regulation of noise, vibration, odors,
(k) 
Regulation of hours for certain activities,
(l) 
Time period within which the proposed use or portions thereof shall be developed,
(m) 
Duration of use or portions thereof,
(n) 
Posting of a bond or bonds sufficient to guarantee the removal of any nonconforming structures or uses of the land upon the expiration of the period of the conditional use permit,
(o) 
Requiring the dedication of access rights, and
(p) 
Such other conditions as will make possible the development of the City in an orderly and efficient manner.
(Ord. 2019-04 § 1, eff. 7/4/19)
(a) 
At the conclusion of the public hearing, the decision making body shall approve, conditionally approve or deny the use permit application, or shall make a recommendation as described in this Section.
(b) 
Where an amendment to the land use and/or zone designation of the project site is required in conjunction with a use permit or planned development permit application, the Planning Commission by resolution shall make a recommendation to City Council, and City Council shall take action on the use permit or planned development permit. Zone amendments shall be processed per Chapter 12-38.
(1) 
The Planning Commission recommendation shall cite the degree to which the project conforms to required findings;
(2) 
The Planning Commission recommendation shall include recommended conditions;
(3) 
In making its recommendation to the City Council, the Planning Commission may recommend modifications to the project which are consistent with the notice of public hearing.
(c) 
Notice of the action shall be mailed to the applicant and any other person who has requested notice. The notice of action shall include the procedures by which the decision of the decision making body may be appealed.
(Ord. 2019-2019 § 1, eff. 7/4/19)
(a) 
A conditional use permit or planned development permit is not valid until the fifteenth (15th) calendar day following the action of the decision making body granting issuance of the permit.
(b) 
A conditional use permit or planned development permit is not valid until:
(1) 
The applicant and property owner have acknowledged their consent to the conditions of approval by signing appropriate forms provided by the Community Development Department;
(2) 
The applicant and property owner have acknowledged compliance with all conditions established by the decision making body to be preconditions to the permit.
(c) 
Building permits associated with a project awaiting pending Conditional Use Permit or Planned Development Permit hearing and determination cannot be issued until the Conditional Use Permit or Planned Development Permit for the project has been approved or conditionally approved and the appeal period has lapsed.
(Ord. 2019-04 § 1, eff. 7/4/19)