In certain districts, conditional uses are permitted subject
to the granting of a use permit. Because of their unusual characteristics,
conditional uses require special considerations so that they may be
located properly with respect to the objectives of the zoning code
and their effects on surrounding properties. In order to achieve these
purposes, and thus give the district use regulations of this title
additional flexibility necessary to achieve the objectives of this
chapter, the planning commission is empowered to grant or to deny
applications for use permits and to impose reasonable conditions upon
the granting of use permits.
(Ord. 92-73)
The planning commission may grant use permits for such conditional
uses in such districts as are prescribed in the district regulations
of this title, in accordance with the procedure prescribed in this
chapter.
(Ord. 92-73)
Application for a use permit shall be made to the planning department,
which shall include the following data:
A.
Name
and address of applicant;
B.
Statement
that the applicant is the owner of the property or is the authorized
agent of the owner or the plaintiff in an action of eminent domain
to acquire the property involved;
C.
Address
or description of the property;
D.
Statement
setting forth the precise circumstances or conditions applicable to
the land, structure or use which makes the granting of a use permit
necessary for the preservation and enjoyment of a substantial property
right, together with any other data pertinent to the findings prerequisite
to the granting of a use permit;
E.
A
drawing of the site and the surrounding area for a distance of at
least 300 feet from each boundary of the site showing the existing
locations of streets and property lines and a list of the names and
last known addresses of the recorded legal owners, as shown on the
latest adopted assessment roll of the county, of all properties shown
on the drawing county assessor's maps may be used for this purpose;
F.
Preliminary
floor plans and front, side and rear elevations of proposed structures,
if available;
G.
Prints
of a site plan, drawn to scale, which shall indicate clearly and with
full dimensions, the information prescribed by the planning director.
Such information may include, but shall not be limited to the following:
1.
Lot or site dimensions,
2.
All buildings and structures, including location, size, height and
proposed use,
3.
Yards and space between buildings,
4.
Walls and fences, including location, height and materials,
5.
Off-street parking and off-street loading; the location, number of
spaces, dimensions of parking and loading areas, and internal circulation
pattern,
6.
Access, including pedestrian, vehicular and service; points of ingress
and egress; internal circulation.
7.
Signs; the location, size height and type of illumination, including
hooding devices,
8.
Lighting, location and general nature; hooding devices,
9.
Street dedications and improvements,
10.
Landscaping location and type,
11.
Refuse containers, location and type,
12.
North arrow and scale of the drawing,
13.
Such other data as may be required by the planning commission to
make the required findings;
H.
The site plan shall fulfill all requirements of Chapter 17.100, and shall be so prepared by the applicant to enable the planning commission to make the following findings:
1.
That all applicable provisions of this chapter are complied with,
2.
That the following are so arranged that traffic congestion is avoided
and pedestrian and vehicular safety and welfare are protected, and
there will be no adverse effect on surrounding property:
a.
All facilities and improvements,
b.
Vehicular ingress, egress and internal circulation,
c.
Setbacks,
d.
Height of buildings,
e.
Location of utilities and other services,
f.
Walls,
g.
Landscaping, including screen landscaping and street trees,
h.
Drainage of site,
i.
Trash enclosures and refuse pickup,
3.
Proposed lighting is so arranged as to deflect the light away from
adjoining properties,
I.
In making the findings set out in subsection H above, the commission shall determine that approvals will be consistent with established legislative policies with respect to traffic safety, street dedication and street improvements.
J.
The
application shall be accompanied by a fee set by resolution of the
city council sufficient to cover the cost of handling the application
as prescribed in this chapter.
(Ord. 92-73)
A.
The planning commission shall give notice and hold a public hearing on each application for a conditional use permit in accordance with the provisions of Section 17.124.040.
B.
At the public hearing, the commission shall review the application and the statement and drawings submitted therewith, and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 17.112.060.
(Ord. 92-73)
The planning director shall give written notice to the applicant
of the time when the application will be considered by the commission.
(Ord. 92-73)
A.
The
planning commission shall act on the application within 30 days following
the closing of the public hearing. The commission may grant an application
for a conditional use permit as the use permit was applied for, or
in modified form, if, on the basis of the application and the evidence
submitted, the commission makes all of the following findings:
1.
That there are circumstances or conditions applicable to the land,
structure or use which makes the granting of a use permit necessary
for the preservation and enjoyment of a substantial property right;
2.
That the proposed location of the conditional use is in accordance
with the objectives of the zoning code and the purposes of the district
in which the site is located;
3.
That the proposed use will comply with each of the applicable provisions
of this chapter.
B.
A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny an application for a use permit. A use permit may not grant variances to the regulations prescribed by this chapter for which variance procedures are prescribed by Chapter 17.120.
C.
Within
five days following a decision of the commission, the secretary of
the commission shall transmit to the city clerk the use permit application,
the scale drawings of the site and surrounding area, and all other
data filed therewith, the minutes of the public hearing, staff reports,
the findings of the commission and its decision on the application.
(Ord. 92-73)
In approving a conditional use permit, the planning commission shall state those conditions of approval necessary to protect the public health, safety and general welfare. Such conditions may cover any of the considerations listed in Section 17.100.040.
(Ord. 92-73)
Before a building permit shall be issued for any building or
structure proposed as part of the approved conditional use permit
application, the planning director shall determine that the proposed
building location, facilities and improvements are in conformity with
the site plan and conditions approved by the planning commission.
(Ord. 92-73; Ord. 18-384 § 1)
A use permit shall lapse and shall become void 36 months following the date on which the use permit became effective unless by conditions of the use permit, a lesser or greater time is prescribed in accordance with Section 17.112.110, or unless prior to the expiration of 36 months, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. A use permit may be renewed for an additional period of 12 months or for a lesser or greater period as prescribed in Section 17.112.110, provided that, prior to the expiration of the time period granted, an application of renewal of the use permit is filed with the planning department. The planning commission may grant or deny an application for renewal of a use permit. Notwithstanding, if a development agreement has been adopted for a subject site, the expiration date of subsequent project approvals may be set forth in the development agreement.
The period of time specified in this section shall not include
any period of time in which the city is precluded from approving discretionary
permits, discretionary entitlements, and/or ministerial permits related
to urban level flood protection pursuant to Government Code Section
65962.
(Ord. 92-73; Ord. 97-151; Ord. 16-361 § 1; Ord. 18-384 § 1)
The planning commission or city council may establish a lesser
or greater time limit than that provided by Section 17.12.100, within
which the subject property and use or any stage or phase thereof shall
be commenced and completed. The time limits set by the commission
or council shall be reasonable, based on the size, nature and complexity
of the proposed development. The time limit may be extended by the
commission or council for good cause, such as proof of an unusual
hardship not of the applicant's own making.
(Ord. 92-73; Ord. 18-384 § 1)
A.
A conforming conditional use established prior to enactment of this chapter shall be permitted to continue. A conditional use permit granted under the provisions of the county zoning code and amendments thereto prior to the enactment of this chapter shall, upon the annexation of the property affected to the city, become null and void at the end of six months following the date of its original approval or extension thereof granted by the county prior to the annexation, unless a building permit has been issued by the county and construction has commenced. Alteration or expansion of a conditional use established prior to enactment of this chapter may be permitted upon the granting of a use permit. Accessory structures may be permitted under the provisions of Chapter 17.108.
B.
A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this chapter if the structure is destroyed by fire, or other calamity, or by act of God, or by the public enemy, to the extent of 60% or more. The extent of damage or partial destruction shall be determined by the building official on the basis prescribed in Section 17.116.060.
(Ord. 92-73; Ord. 18-384 § 1)
Upon violation of any applicable provisions of this chapter,
or, if granted subject to a condition or conditions, upon failure
to comply with the condition or conditions, a use permit shall be
suspended automatically. Notice of such suspension shall be sent immediately
to the person or persons responsible for noncompliance by the planning
department. Within 30 days of the suspension, the city council shall
consider the suspension. If not satisfied that the regulation, general
provision, condition or conditions are being complied with, the city
council may revoke the use permit or take such action as may be necessary
to ensure compliance with the regulation, general provision, condition
or conditions.
(Ord. 92-73; Ord. 18-384 § 1)
The location of a conditional use permit shall be indicated
on a map maintained for the purpose of identifying the location of
such permit. The location shall be indicated by the use permit number
(for example, CUP ________) on or pointing to the site.
(Ord. 92-73; Ord. 18-384 § 1)
Following the denial of a use permit application or the revocation
of a 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 six months from the date of denial or revocation
of the use permit, except when the city council has acted to deny
"without prejudice."
(Ord. 92-73; Ord. 18-384 § 1)
A 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. 92-73; Ord. 18-384 § 1)
A use permit granted under the provisions of this chapter or
a conforming conditional use established prior to the enactment of
this chapter may be revised; provided, that such revisions are minor,
as determined by the planning commission. Application for minor revisions
shall be made in writing. The commission may approve such revisions
without public hearing, provided that the commission can determine
that the revisions will not substantially change the intensity or
character of the use as previously approved by the city.
(Ord. 92-73; Ord. 18-384 § 1)
Appeal of the approving authority's action on the request for conditional use entitlement shall be made in accordance with the procedures specified in Chapter 17.125, Appeals.
(Ord. 19-405 § 1)
