The purpose of this article is to allow for activities and uses
requiring a conditional use permit and which are so unique that their
effect on the surrounding environment cannot be determined before
being proposed for a particular location. At the time of application,
a review of the configuration, design, location and potential effect
of the proposed activity or use shall be conducted by comparing it
to established development and site standards. This review shall determine
whether the proposed use should be allowed by weighing the public
need for and the benefit to be derived from the proposed use, against
the potential negative effects it may cause.
(§ 3, Ord. 771, eff. February 13, 2004)
An application for a conditional use permit shall be filed in compliance with Section 10-2.1805.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
The land use activities listed in Articles 2 through 7 of this chapter
may be allowable subject to the approval of a conditional use permit.
(b)
The following land use activities may be allowable with the approval
of a minor conditional use permit:
(1)
A temporary real estate office may be established within the area
of an approved development project solely for the first sale of homes.
An application for a temporary real estate office may be approved
for a maximum time period of two years from the date of approval;
(2)
A temporary on- and off-site contractors' construction yard (e.g.,
containers, trailers, offices) only in conjunction with an approved
development project (good only for the length of construction of the
project);
(3)
A temporary office (manufactured/mobile units) may be approved for
a maximum time period of 12 months from the date of approval, as an
accessory use or as the first phase of a development project;
(4)
Open-air produce stands, only in conjunction with an on-site/on-going
agricultural operation;
(5)
Outdoor dining on City sidewalks and other public rights-of-way,
and outdoor dining facilities on private property;
(6)
Reverse vending machines for recycling purposes; and
(7)
Chain-link fencing (new or replacement).
(c)
Barbed-wire or razor-wire fencing (new or replacement).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 5, Ord. 910, eff. December 10, 2020, and
§ 76, Ord. 941, eff. November
10, 2023)
(a)
Each application shall be analyzed to ensure that it is consistent with the purpose of this article and the City's CEQA guidelines. To ensure effective implementation of General Plan policies relating to design, each application shall be reviewed in compliance with Article 20 of this chapter before determination by the applicable review authority. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by the applicable review authority.
(b)
Applicable review authority.
(1)
Conditional use permits. The Commission shall be
the review authority for conditional use permits; and
(2)
Minor conditional use permits. The Director shall
be the review authority for minor conditional use permits. The Director
may defer action and refer the application to the Commission for final
determination.
(§ 3, Ord. 771, eff. February 13, 2004)
Upon receipt in proper form of a conditional use permit application and compliance with the City's CEQA guidelines, a public hearing shall be set and notice of the hearing given in compliance with Article 29 of this chapter.
(§ 3, Ord. 771, eff. February 13, 2004)
Following a hearing, the applicable review authority shall record
the decision in writing and shall recite the findings upon which the
decision is based. The review authority may approve a conditional
use permit (or minor conditional use permit) application in whole
or in part, with conditions, only if all of the following findings
are made:
(a)
The proposed use is conditionally allowed within, and would not impair
the integrity and character of, the subject zoning district and complies
with all of the applicable provisions of these Zoning Regulations;
(b)
The proposed use is consistent with the General Plan;
(c)
The design, location, size, and operating characteristics of the
proposed use are compatible with the existing and future land uses
and would not create significant noise, traffic, or other conditions
or situations that may be objectionable or detrimental to other allowed
uses operating nearby or adverse to the public interest, health, safety,
convenience, or welfare of the City;
(d)
The subject site is physically suitable for the type and density
and intensity of use being proposed;
(e)
There are adequate provisions for public access, water, sanitation,
and public utilities and services to ensure that the proposed use
would not be detrimental to public health and safety;
(f)
The proposed project has been reviewed in compliance with the provisions
of CEQA and/or the City's environmental review procedures; and
(g)
There would be no potential significant negative effects upon environmental
quality and natural resources that would not be properly mitigated
and monitored, unless a statement of overriding considerations is
adopted by the applicable review authority.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 77, Ord. 941, eff. November 10, 2023)
No permit shall be issued for any use involved in an application for a conditional use permit until and unless the same shall have become final in compliance with Section 10-2.2910.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
Within 180 days of conditional use permit approval, the permit shall be exercised in compliance with Article 32 of this chapter or the permit shall be deemed void.
(b)
If the application for the conditional use permit also involves the
approval of a tentative map, the phasing shall be consistent with
the tentative map and the permit shall be exercised before the expiration
of the companion tentative map.
(c)
The Commission may impose a term for which a conditional use permit shall be valid. Upon the expiration of such term, unless an extension has been granted by the Commission, in compliance with Article 32 of this chapter, the permit shall be deemed void.
(d)
Discontinuance of the use permitted by the conditional use permit
for a period of six months shall cause the permit to be deemed void.
(§ 3, Ord. 771, eff. February 13, 2004)
The applicable review authority may, upon an application being filed before expiration and for good cause, grant one-time extension not to exceed 180 days, in compliance with Article 32 of this chapter.
(§ 3, Ord. 771, eff. February 13, 2004)
An approved conditional use permit may be modified in compliance with Article 31 of this chapter. Minor modifications to an approved permit may be approved by the Director, in compliance with Article 31 of this chapter.
(§ 3, Ord. 771, eff. February 13, 2004)
The applicant and/or owner may be required to provide appropriate
funds to reimburse the City for the periodic review of the permit
to ensure proper compliance with these Zoning Regulations and any
developmental and operational conditions imposed by the applicable
review authority.
(§ 3, Ord. 771, eff. February 13, 2004)
The applicant and/or owner may be required to provide adequate
performance security for the faithful performance of any/all conditions
of approval imposed by the applicable review authority.
(§ 3, Ord. 771, eff. February 13, 2004)
A conditional use permit granted in compliance with the provisions
of this article shall continue to be valid upon a change of ownership
of the site, business, service, use, or structure which was the subject
of the permit application. The new owner/operator shall file for and
receive a zoning clearance, and agree in writing to all applicable
conditions and operating standards before reuse/reopening under the
new ownership. All conditional use permits shall be recorded with
the office of the County's Recorder.
(§ 3, Ord. 771, eff. February 13, 2004)
The applicable review authority may revoke or modify a conditional use permit in compliance with Article 34 of this chapter.
(§ 3, Ord. 771, eff. February 13, 2004)
All applications shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section 10-2.1805, Appeals; Article 29, Public Hearings; Article 30, Application Filing; Article 31, Changes to an Approved Project; Article 32, Time Limits and Extensions, and Article 34, Revocations and Modifications.
(§ 3, Ord. 771, eff. February 13, 2004)
