In order to give the use regulations the flexibility necessary to achieve the objectives of this chapter, in certain zones conditional uses are permitted, subject to the granting of a conditional 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 regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission, and for certain items as identified in Section 18.38.050, the Zoning Administrator is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of conditional use permits, subject to the right of appeal to the City Council.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Application for a conditional use permit shall be filed with the Community Development Director on a form prescribed by the Community Development Director 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. This provision shall not apply to a proposed public utility right-of-way.
C. 
Address and legal 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 findings prerequisite to the granting of a use permit prescribed in Section 18.36.235.
E. 
A list of all owners of property located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.
F. 
Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this article.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The Community Development Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission and made available to the applicant prior to the public hearing.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The Planning Commission shall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in Article 8. At the public hearing, the Commission shall review the application and drawings submitted therewith and shall receive pertinent evidence 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 18.36.235.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The Planning Commission shall make the following findings before granting a conditional use permit:
A. 
That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the zone in which the site is located.
B. 
That the proposed location of the 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 properties or improvements in the vicinity.
C. 
That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
Within 21 days following the closing of the public hearing on a conditional use permit application, the Planning Commission shall act on the application.
B. 
The Commission may grant by resolution a conditional use permit as the permit was applied for or in modified form, or the application may be denied.
C. 
A conditional 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.
D. 
Conditions may include, but shall not be limited to:
1. 
Requiring special yards, open space, buffers, fences and walls:
2. 
Requiring installation and maintenance of landscaping;
3. 
Requiring street dedications and improvements;
4. 
Regulation of points of vehicular ingress and egress;
5. 
Regulation of traffic circulation;
6. 
Regulation of signs;
7. 
Regulation of hours of operation and methods of operation;
8. 
Control of potential nuisances;
9. 
Prescribing standards for maintenance of buildings and grounds;
10. 
Prescription of development schedules and development standards and such other conditions as the Commission may deem necessary to ensure compatibility of use with the surrounding developments and uses and to preserve the public health, safety, and welfare.
E. 
The height of a commercial or office building shall be reason for denial of a conditional use permit.
F. 
Variations from regulations prescribed elsewhere in this title for fences, walls, hedges, screening and landscaping; site area, width and depth; front, rear, and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities or frontage on a public street, shall be separately administered in accordance with the procedures in Article 5 of this chapter.
G. 
Decisions of the Planning Commission shall be by majority of the quorum.
(Ord. 2004-884; Ord. 2019-1056 § 3)
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 one year from the date of denial or revocation of the use permit.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
A conditional use permit shall lapse and shall become void one year following the date on which the 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, provided that a use permit for a public utility installation may be valid for a longer period if specified by the Planning Commission.
B. 
A conditional use permit subject to lapse may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the use permit is filed with the Commission.
C. 
The Commission may grant or deny an application for renewal of a conditional use permit.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
A conditional use legally established prior to October 2, 1972, or prior to the effective date of subsequent amendments to the regulations or zone boundaries shall be permitted to continue; provided, that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any.
B. 
A conditional use permit shall be required for the reconstruction of a structure housing a preexisting conditional use if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to a greater extent than 50 percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the City Engineer and Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Sections 18.36.210 through 18.36.255 and Section 18.36.265 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modification may be approved by the Community Development Director if he or she determines that the changes would not affect the findings prescribed in Section 18.36.235.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
A conditional use permit may be terminated for one or more of the following:
1. 
That the use for which such approval was granted has ceased to exist or has been inoperative for a period of six consecutive months or more.
2. 
That the approval was obtained by fraud.
3. 
That the use has been exercised contrary to, or in violation of, any statute, law, ordinance, regulation, or condition of approval applicable thereto.
4. 
That the use is exercised in a manner to be detrimental to the public health or safety, or so as to constitute a nuisance.
5. 
That changed circumstances result in facts or findings originally granted which no longer exist.
B. 
A public hearing shall be held by the Planning Commission to determine if grounds exist for the termination of a conditional use permit.
C. 
The public hearing shall be set and notice given as prescribed in Article 8.
D. 
The action by the Planning Commission to terminate a conditional use permit shall become final within 15 days, unless an appeal is filed.
E. 
Any action of the Planning Commission to terminate a conditional use permit may be appealed to the City Council in accordance with Section 18.36.820.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Upon violation of any applicable provision of this title, or, if granted subject to conditions, upon failure to comply with conditions, a conditional use permit shall be suspended automatically. The Planning Commission shall hold a public hearing within 40 days, in accordance with the procedure prescribed in Section 18.36.230, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. The decision shall become final 15 days following the date on which the conditional use permit was revoked or modified unless an appeal has been filed within the prescribed 15-day appeal period, in which case Section 18.36.820 shall apply.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A conditional use permit granted pursuant to the provisions of this article 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. 2004-884; Ord. 2019-1056 § 3)
Application for a conditional use permit may be made at the same time as application for a change in zone boundaries including the same property, in which case the Planning Commission shall hold the public hearing on the zoning reclassification and the use permit at the same meeting and may combine the two hearings. For the purposes of this article, the date of the Commission decision on the use permit application shall be deemed to be the same as the date of enactment by the City Council of an ordinance changing the zoning boundaries, provided that if the Council modifies a recommendation of the Commission on a zoning reclassification which affects the conditional use permit, the conditional use permit application shall be reconsidered by the Commission in the same manner as a new application.
(Ord. 2004-884; Ord. 2019-1056 § 3)