The purpose of this chapter is to ensure the achievement of the goals and purposes of this title without creating undue hardships, and to protect the health, safety, and public welfare, through the following regulations and procedures established for Conditional Use Permits.
(Prior code § 26.6.1)
The City Council shall have the authority, subject to the provisions of this title, to grant a Conditional Use Permit whenever it finds the granting of a Conditional Use Permit is consistent with the requirements, intent, and purpose of this title. The purpose of a Conditional Use Permit is to allow proper integration of uses into the community which may only be suitable in specific locations or designed and constructed in a particular manner or under certain conditions. Conditional Use Permits are not automatically terminated upon transfer of the lot for which they have been granted, but are subject to expiration as set forth in Section 17.72.090, "Time requirements for use" and modification or revocation as set forth in Section 17.72.110, "Revocation or amendment," and Section 17.72.120, "Minor modification." If the granting or denial of a Conditional Use Permit is subject to CEQA, and the time periods for any notice, response, or action set forth in this chapter are inconsistent with the time periods required by CEQA, then the time periods shall be those necessary to comply with CEQA.
(Prior code § 26.6.3)
Application for a Conditional Use Permit shall be made by the property owner or authorized agent to the Department of Public Works, on a form provided for that purpose by the City, and shall be accompanied by a filing fee in an amount established by resolution of the City Council. The City may retain, at the applicant's expense, consultants to study the impacts of the proposed operation on the surrounding properties. Application for a Conditional Use Permit shall consist of a completed Conditional Use Permit Form and the following attachments:
A. 
A plot plan which shall show the surrounding land uses; the location and dimensions of all buildings and structures; and the location and dimensions of all off-street parking, loading, and storage facilities. The plot plan shall show areas for proposed outdoor storage and activities, including areas proposed for vehicle washing or maintenance and repair; equipment; outdoor storage; the location and height of all fences, walls, screens, or landscaped areas in relation to the operation of the proposed use; the location and width of ingress and egress points to the lot; the location and dimensions and turning radii of all parking and loading areas; and proposed truck routes through the City.
B. 
A floor plan showing:
1. 
The proposed location for all interior walls and all major equipment; and
2. 
The areas proposed for storage, use, or processing of explosive, toxic, infectious, or hazardous materials (as defined in Federal and State laws and regulations), and the facilities and equipment to protect and contain or suppress accidents or fires involving said materials.
C. 
An operations plan describing in detail each function of the proposed use, the hours of operation, and any impacts to adjoining properties.
D. 
A traffic study showing the maximum number of vehicles traveling daily to and from the lot, the approximate times vehicles will enter and exit the lot, the number of parking spaces that will be required, the available maneuvering space, and the normal routes the vehicles would be expected to take to and from the lot. The Director may request additional information and studies concerning impacts on the level of service of Streets that may be caused by traffic to and from the lot.
E. 
An environmental checklist describing potential impacts to the environment and neighboring properties.
(Prior code § 26.6.3-1)
Following presentation of a completed application to the Department of Public Works, the City Clerk shall set the matter for public hearing in not less than 10 days nor more than 60 days, and shall give notice of the time and place of the hearing and the information concerning the subject matter and purpose of the meeting in the manner described in Section 17.68.040 "Notice of public hearing."
(Prior code § 26.6.3-2)
If, from the facts presented at the public hearing or by an investigation at the instigation of the City Council, the City Council makes the findings required in Section 17.72.060, "Findings and decisions by resolution," and finds that such Conditional Use Permit or modification thereof should be granted, the City Council may grant the requested Conditional Use Permit in whole, or in part, and upon such terms and conditions as the City Council may deem proper to preserve the public health, safety, convenience, and general welfare, and the general intent and purpose of this title. The City Council shall make its findings and determinations upon said application within 30 days after the conclusion of any hearing held thereon, unless a waiver of this time requirement is provided by the applicant.
(Prior code § 26.6.3-3)
The City Council shall announce its findings and decision by written resolution. The resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council, make the granting or denial of the Conditional Use Permit necessary to carry out the provisions and general purpose of this chapter, and shall order that the Conditional Use Permit be granted or denied. The Conditional Use Permit shall not be granted unless all of the following findings have been made:
A. 
The lot for the proposed use is adequate in size, shape and topography, including any required drainage and landscaping;
B. 
The proposed use will not have a material adverse effect on the public;
C. 
The proposed use is compatible with the existing authorized uses of surrounding and adjacent properties;
D. 
The lot has adequate off-street parking and loading facilities, and vehicle maneuverability for the proposed use;
E. 
The location, operation and design for the proposed use is consistent with the General Plan, any applicable specific plan and the zoning regulations of the City;
F. 
The use is consistent with all applicable Federal, State, and local laws, rules and regulations;
G. 
The proposed use have a significant adverse impact on the general welfare as a result of noise, increased traffic, interference with the flow of traffic, or dust; and
H. 
The conditions applied to the permit are necessary to protect the public health, safety, and general welfare.
(Prior code § 26.6.3-4)
Not later than 10 business days following the rendering of a decision ordering that a Conditional Use Permit be granted or denied, a letter shall be mailed to the applicant at the address shown on the application filed with the City stating the decision of the City Council.
(Prior code § 26.6.3-5)
Any Conditional Use Permit approved by the City Council shall expire and become null and void if:
A. 
There is no evidence of substantial use of the rights and privileges granted by the Conditional Use Permit within one year from the date on which the Conditional Use Permit was granted; or
B. 
The use for which the Conditional Use Permit was granted has ceased to exist or has been suspended for at least 365 continuous calendar days.
If an application for an extension of the above time requirements is filed prior to the expiration of the applicable time requirement, the City Council may grant one extension of time, not to exceed one year from the time limit specified, without a public hearing. Any additional request for an extension of the time limit shall be treated as a new application for a Conditional Use Permit.
(Prior code § 26.6.3-7)
The City Council shall impose conditions on the Conditional Use Permit to protect the public health, safety, and general welfare. Such conditions may, without limitation, include:
A. 
Regulation of use;
B. 
Special yards, spaces, and buffers;
C. 
Fences and walls;
D. 
Surfacing of parking areas subject to City specifications;
E. 
Dedication of a portion of the land for a right-of-way;
F. 
Making or paying for related street improvements;
G. 
Regulation of points of vehicular ingress and egress;
H. 
Regulation of signs;
I. 
Requiring landscaping;
J. 
Outdoor storage and activities limitations or requirements;
K. 
Requiring maintenance of the landscaping and the grounds;
L. 
Requiring adequate parking and loading spaces;
M. 
Regulation of noise, vibration, odors, and similar concerns;
N. 
Regulation of time for certain activities;
O. 
Regulation time period within which the proposed use shall be implemented or used;
P. 
Duration of use; and
Q. 
Such other conditions as will make possible the development of the project in an orderly and efficient manner in conformity with the intent and purposes set forth in this title.
(Prior code § 26.6.3-8)
A. 
Revocation or Amendment of Conditional Use Permit. Following receipt of a recommendation from the Director that the Conditional Use Permit be revoked or amended, the City Clerk shall set the matter for public hearing to be held in not less than 10 days or more than 60 days from the date of notice, and shall give notice thereof in the manner provided in Section 17.68.040, "Notice of public hearing." The City Council may by resolution revoke any Conditional Use Permit (or, if a revocation is not justified, the City Council may, instead, amend the Conditional Use Permit) based upon the determination that the use authorized by the Conditional Use Permit has become detrimental to the public health, safety, or general welfare, or the manner of operation constitutes or is creating a nuisance, based on any one of the following findings:
1. 
The circumstances under which the Conditional Use Permit was granted have been changed by the applicant to the extent that one or more of the findings contained in the original Conditional Use Permit can no longer be made in a positive manner, and the public health, safety, and general welfare require the revocation or modification;
2. 
The Conditional Use Permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement(s) in the application or in the applicant's testimony presented during the public hearing for the Conditional Use Permit;
3. 
One or more of the conditions of the Conditional Use Permit are both feasible and have been intentionally unfulfilled or violated; or
4. 
The use authorized by the Conditional Use Permit is in violation of any code, law, ordinance, regulation, or statute.
B. 
Findings. The City Council shall render written findings setting forth reasons for revoking or modifying the Conditional Use Permit.
C. 
Notification. If the Conditional Use Permit is revoked or modified, notification of the City Council action shall be mailed to the owner of the subject lot by the City Clerk and shall include a copy of the City Council resolution specifying the reasons for revoking or modifying the Conditional Use Permit.
(Prior code § 26.6.3-9)
Whenever a practical difficulty occurs or unforeseen circumstances arise during the course of exercising a Conditional Use Permit issued in accordance with the provisions of this chapter, and which may necessitate a minor modification of such Conditional Use Permit, a minor modification may be issued for such modification in accordance with the following provisions:
A. 
Application and Fee. Any owner of property for which a Conditional Use Permit has been issued and is currently in effect, and who is desirous of a minor modification thereof, may file with the Director an application for approval of a minor modification, accompanied by a filing fee in an amount established by a resolution of the City Council. The application shall set forth and include any information as the Director may require.
B. 
Qualifications for Filing. Any application filed for a minor modification that also complies with the requirements and findings as set forth in Section 17.72.060, "Findings and decision by resolution," of this chapter, but which only involves a minor modification in the site development plan, arrangement of facilities, or activities at the site adequate to accommodate the operation of the use of land operating under a valid Conditional Use Permit, or any of the conditions of permit issuance, and determination thereof has been made at the discretion of the Director, may qualify for a minor modification.
C. 
Determination, Action of the Director. The Director shall have the authority, subject to the provisions of this chapter, to approve a minor modification without a public hearing; provided, however, that such modification is in fact minor in scope and nature and only involves minor adjustments to retain the integrity of the Conditional Use Permit. The Director shall not approve such minor modification when a Conditional Use Permit has not been issued or is not in effect. A minor modification shall not be issued if it involves the waiver or deletion of any condition of a Conditional Use Permit unless the condition is found to be infeasible or unenforceable due to physical, technological, or practical constraints, as determined by the Director. The Director shall process such application for minor modification in the following manner:
1. 
Investigations. The Director, upon receipt and acceptance of an application, shall make and cause to be made such investigations of the facts bearing upon the application what will assure appropriate disposition thereof.
2. 
Findings. The Director, upon conducting an inspection of the property involved, upon examination and review of the application and investigations, and upon ascertaining all other pertinent facts relative thereto, shall determine whether or not the requirements for qualification have been shown, as hereinabove set forth in Section 17.72.060, "Findings and decision by resolution," and the application therefor qualifies for a minor modification. The Director shall not grant a modification unless all of the findings pursuant to Section 17.72.060 can be made.
3. 
Option to Refer to City Council. The Director may elect to refer the application, with or without a recommendation, to the City Council for decision. Upon referral to City Council, all procedures associated with hearing, action, noticing, findings, and decision shall comply with this chapter.
4. 
Notice of Decision. Not later than 10 business days following the rendering of a decision ordering that a minor modification be granted or denied, a letter shall be mailed to the applicant at the address shown on the application filed with the City stating the decision of the Director.
5. 
Effective Date of Order Granting or Denying a Minor Modification. The order of the Director in granting or denying a minor modification to a Conditional Use Permit shall become final and effective on the date of the signing of the notice of decision.
6. 
Appeals. Following the City Clerk's receipt of a written appeal contesting any action or decision of the Director that has been submitted to the City Clerk within 30 days after the date such action or decision was taken by the Director, the City Clerk shall set the appeal for a public hearing. The public hearing shall be held not less than 10 days nor more than 60 days from the City Clerk's receipt of the appeal. The City Clerk shall give notice of the time and place of the hearing and the purpose thereof in the manner described in Section 17.72.040, "Notice of public hearing." The appellant may appear in person before the City Council or be represented by an attorney, and may introduce evidence to support the claim. The appellant shall cause to be made at his or her own expense any investigation or research required by the City to substantiate the appellant's claim.
(Prior code § 26.6.3-10)
If the Director denies a minor modification to a Conditional Use Permit or deems the request to be a substantial modification to a Conditional Use Permit, then the original Conditional Use Permit still applies and the applicant can apply for a substantial modification of a Conditional Use Permit. A substantial modification of a Conditional Use Permit shall follow all procedures associated with hearing, action, noticing, findings, and decision in compliance with this chapter as if it were a new application.
(Prior code § 26.6.3-11)
Uses existing on the effective date of the ordinance codified in this title that were legally permitted prior to the effective date of the ordinance codified in this title may continue as legal nonconforming uses subject to the terms of Section 17.64.010 "Legal nonconforming status."
(Prior code § 26.6.3-12)
Any Conditional Use Permit granted pursuant to any zoning ordinance enacted prior to the effective date of the ordinance codified in this title shall be construed to be a Conditional Use Permit under this title subject to all conditions imposed in such Conditional Use Permit, subject to the terms of Section 17.64.010 "Legal nonconforming status." Such Conditional Use Permit may, however, expire as provided in Section 17.72.090, "Time requirements for use," or be revoked or modified as provided in Section 17.72.110, "Revocation or amendment," and/or Section 17.72.120, "Minor modification."
(Prior code § 26.6.3-13)