Chapter 10.100

CONDITIONAL USE PERMIT

SECTION:

In certain zoning districts, some land uses are allowed with the approval of a Conditional Use Permit. The unusual characteristics of conditional land uses require special consideration with respect to the objectives of this Title and their effects on surrounding properties. To achieve these purposes and provide additional flexibility of the land use regulations established in this Title, the Planning Commission is empowered to grant and deny applications for Conditional Use Permits and impose reasonable conditions to the approval of a Conditional Use Permit, subject to appeal of the Commission's decisions to the City Council. (Ord. 2024-001, 9-10-2024)

The Planning Commission may approve a Conditional Use Permit for a conditional land use established in Article 2 (Zones, Allowable Uses, and Development Standards). (Ord. 2024-001, 9-10-2024)

A complete application for a Conditional Use Permit shall be submitted to the Community Development Department and shall be accompanied by a written narrative, operational statement, site plans, elevations, three-dimensional renderings, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Title. The Community Development Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, floor plans, and building cross sections, as a record of the proposal's conformity with the applicable regulations of this Title. The application shall be accompanied by a fee in accordance with the City's Master Fee Schedule. (Ord. 2024-001, 9-10-2024)

A. Public Hearing and Notice. Notice of public hearing shall comply with the following:

1. Following acceptance of a Conditional Use Permit application as complete for filing pursuant to Government Code section 65943, the Planning Commission shall hold a public hearing on said application.

2. Notice of the public hearing shall be given, at minimum, ten (10) calendar days (excluding City-recognized holidays) prior to the date of the hearing in accordance with the requirements of Government Code sections 65905 and 65091.

B. Notice. The Community Development Department shall give written notice to the applicant of the time when the application will be considered by the Planning Commission.

C. Public Hearing; Procedure. At the public hearing, the Planning 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. (Ord. 2024-001, 9-10-2024)

A. The Planning Commission shall act on the application within sixty (60) calendar days (excluding-City-recognized holidays) following the date of a deemed complete application status or following the closing of the public hearing unless a longer time is allowed under the provisions of Government Code sections 65950-65951 and 65957-65957.1. This sixty (60)calender day (excluding City-recognized holidays) timeline shall not apply if the Conditional Use Permit application is submitted and processed with additional entitlement applications. The Commission may approve, or conditionally approve, an application for a Conditional Use Permit if the Commission makes the following findings:

1. That there are circumstances or conditions applicable to the land, structure, or use which makes the granting of a Conditional Use Permit necessary for the preservation and enjoyment of a substantial property right;

2. That the proposed use will comply with policies, goals, and objectives of the General Plan, and, if applicable, a Specific Plan;

3. That the proposed location of the conditional use complies with the objectives of this Title and the purposes of the zone district in which the site is located; and

4. That the proposed use will comply with each of the applicable provisions of this Title.

B. A Conditional Use Permit may be granted subject to such conditions as the Planning Commission may prescribe. The Commission may deny an application for a Conditional Use Permit if it is unable to make one or more of the findings required by this Title. A Conditional Use Permit may not grant Variances to the regulations established by this Title for which Variance procedures are prescribed by Chapter 10.102 (Variances) of this Article. A Conditional Use Permit may grant Planned Unit Developments in accordance with Chapter 10.20 (Planned Unit Developments) of this Title.

C. A Conditional Use Permit shall become final on the eleventh calendar day (excluding City-recognized holidays) following the date it is granted by resolution of the Planning Commission unless an appeal has been filed with the City Council. (Ord. 2024-001, 9-10-2024)

In approving a Conditional Use Permit, the Planning Commission shall, in its resolution or attached to its resolution, state those conditions, dedications, or requirements of approval reasonably necessary to the use of the proposal to protect the public health, safety, and general welfare. (Ord. 2024-001, 9-10-2024)

Before a Building Permit shall be issued for any building or structure proposed as part of the approved Conditional Use Permit application, the Community Development Director shall determine that the proposed structure(s) location, facilities, and improvements are in substantial conformance with the site plan and conditions approved by the Planning Commission. (Ord. 2024-001, 9-10-2024)

A. A Conditional Use Permit shall lapse and become void thirty-six (36) months following the date on which the Conditional Use Permit became effective, unless one of the following occurs:

1. Prior to the expiration of thirty-six (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 Conditional Use Permit application.

2. Prior to the expiration of thirty-six (36) months, the proposed operation is commenced and diligently pursued toward completion on the site which was the subject of the Conditional Use Permit application.

B. Renewals. A Conditional Use Permit may be renewed for an additional twelve (12) months, provided that the following requirements are met:

1. Prior to the expiration of the time period granted, an application for renewal of the Conditional Use Permit is filed with the Community Development Director.

2. The Community Development Director shall grant or deny an application for renewal of a Conditional Use Permit. (Ord. 2024-001, 9-10-2024)

The Community Development Director may establish a greater time limit than that provided by Section 10.100.080 (Lapse of Conditional Use Permit and Renewals) within which the subject property and land use or any stage or phase thereof shall be commenced and completed. The time limits set by the Director shall be based on the size, nature, and complexity of the proposed development. (Ord. 2024-001, 9-10-2024)

A. 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(s), a Conditional Use Permit shall be suspended.

B. Notice of such suspension and of the City's intent to revoke the Conditional Use Permit shall be sent by the Community Development Director immediately to the owner of the subject premises and to the person or persons responsible for noncompliance as determined by the Community Development Director.

C. Within forty-five (45) calendar days (excluding City-recognized holidays) of the suspension, after notice to the owner

and to those deemed responsible for noncompliance, the Planning Commission shall consider the suspension and revocation at a public hearing. If not satisfied that the regulation, general provision, or condition(s) are being complied with, the Commission may revoke the Conditional Use Permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s) within five (5) calendar days after the public hearing.

D. The Planning Commission public hearing regarding the suspension and/or revocation shall be properly noticed in compliance with Section 10.100.040 (Noticing and Public Hearing Procedures) of this Chapter.

E. A decision of the Planning Commission pursuant to this Section shall become final on the eleventh calendar day (excluding City-recognized holidays) following the date it is granted by resolution of the Commission unless an Appeal has been filed with the City Council. (Ord. 2024-001, 9-10-2024)

Following the denial or the revocation of a Conditional Use Permit, no application for a Conditional Use Permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six (6) months from the date of denial or revocation of the Conditional Use Permit. (Ord. 2024-001, 9-10-2024)

A Conditional Use Permit approved in compliance with this Chapter shall run with the land and shall continue to be valid upon a change in owner of the business and or change of ownership of the site or structure which was the subject of the Conditional Use Permit application. (Ord. 2024-001, 9-10-2024)

A Conditional Use Permit may be revised, provided that such revisions are minor, as determined by the Community Development Director. Application for minor revisions shall be made in writing to the Community Development Department. The Director may approve such revisions without public hearing, provided that the Director can determine that the revisions will not substantially change the intensity or character of the use as previously approved by the Planning Commission. The Director's decision may be appealable to the Planning Commission within ten (10) calendar days (excluding City-recognized holidays) after a decision is rendered. A decision of the Community Development Director shall become final on the eleventh calendar day (excluding City-recognized holidays) following the Director's action unless an Appeal is filed with the Planning Commission. (Ord. 2024-001, 9-10-2024)

Approval of a Conditional Use Permit under the provisions of this Chapter shall comply with Chapter 10.96 (Site Plan Review) of this Article. (Ord. 2024-001, 9-10-2024)

A. Appeal to City Council. A decision made by the Planning Commission shall be appealed in compliance with the following:

1. Within ten (10) calendar days (excluding City-recognized holidays) following the date of a decision of the Planning Commission on a Conditional Use Permit, the decision may be appealed to the City Council by the applicant, the Mayor, a member of the Council, or any other interested party. An appeal shall be in writing and must be timely filed with the City Clerk and accompany the filing fee in compliance with the City's current Master Fee Schedule. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record. Late appeals shall not be accepted by the City Clerk.

2. An appeal filed by a member of the City Council shall not be subject to said fee.

3. The City Clerk or their designee shall give notice of the public hearing in the manner described in Section 10.100.040 (Noticing and Public Hearing Procedures) of this Chapter.

B. Action of City Council. City Council action shall comply with the following.

1. The City Council shall hear the appeal at its next regular meeting within forty-five (45) calendar days (excluding Cityrecognized holidays), after the filing of the appeal. The Council may affirm, reverse, or modify a decision of the Planning Commission on a Conditional Use Permit. In the event of a revocation, denial, or modification of a Conditional Use Permit, the Council shall, based on the record transmitted and any additional evidence submitted, make the findings established in this Chapter, when applicable.

2. A decision on a Conditional Use Permit which has been the subject of an appeal to the City Council shall become final immediately on the date on which the decision is made by the Council. (Ord. 2024-001, 9-10-2024)

CHAPTER 10.102

CHAPTER 10.102

VARIANCES

SECTION: