ARTICLE 12 PROCEDURES -------------------- (go to main index)

• (a) Purpose. The purpose of a Conditional Use Permit shall be to review certain uses possessing unique characteristics, as listed in Article 2 of this chapter, to insure that the establishment or significant alteration of those uses will not adversely affect surrounding uses and properties nor disrupt the orderly development of the community. The review shall be for the further purpose of stipulating such conditions regulating those uses to assure that the criteria of this section shall be met.
• (b) Criteria. The following criteria shall be used in determining a project's consistency with the intent and purpose of this section:
• (1) The site for the proposed use shall be in conformity with the General Plan and shall be adequate in size and shape to accommodate such use and all setbacks, spaces, walls and fences, parking, loading, landscaping, and other features required by this chapter to adjust such use with the land and uses in the neighborhood.
• (2) The site for the proposed use shall have adequate access to a public street or highway of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use.
• (3) The proposed use shall have no adverse effect on abutting property or the permitted use thereof.
• (4) The conditions stated in the resolution or design considerations integrated into the project shall be deemed necessary to protect the public health, safety, and general welfare. Such conditions may include but shall not be limited to:
• a. Additional setbacks, open spaces, and buffers;
• b. Provision of fences and walls;
• c. Street dedications and improvements, including service roads and alleys;
• d. The control of vehicular ingress, egress, and circulation;
• e. Sign requirements or a sign program, consistent with the Sign Regulations Criteria in Section 10-2.1802.
• f. Provision of landscaping and the maintenance thereof;
• g. The regulation of noise, vibration, odor and the like;
• h. Requirements for off-street loading facilities;
• i. A time period within which the proposed use shall be developed;
• j. Hours of permitted operation and similar restrictions;
• k. Removal of existing billboards on the site, subject to the findings required by Section 10-2.2006(b)(7). and
• l. Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter and the General Plan.
• (c) Application.
• (1) The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.
• (2) The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.
• (3) Upon filing of an application, the applicant shall pay a fee as set forth by resolution of the City Council.
• (d) Contents of application. In addition to the application and fee, a site plan, floor plan, and elevations of the project drawn to scale and dimensioned shall be submitted which include the following information as applicable:
• (1) Existing topography and proposed grading;
• (2) Existing trees with a trunk diameter of six (6) inches or greater;
• (3) All buildings and structures, and the uses within each room;
• (4) Improvements in the public right of way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;
• (5) Exterior lighting;
• (6) Easements;
• (7) Off-street parking areas, including the stall striping, aisles, and driveways;
• (8) The lot dimensions;
• (9) Setbacks and spaces between buildings;
• (10) Walls, fences, and landscaping and their location, height, and materials;
• (11) Landscaping areas;
• (12) Trash and recycling facilities;
• (13) The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;
• (14) The location, dimensions, and design of all signs;
• (15) A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four (4) feet;
• (16) Such other data as may be required to demonstrate the criteria have been met.
• (e) Setting hearings. All applications shall be set for at least one public hearing before the Planning Commission in a timely fashion.
• (f) Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission to consider an application for a Conditional Use Permit shall be given as follows:
• (1) By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing; and
• (2) By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing to the applicant, the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and
• (3) By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.
• (g) Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the approval or denial of an application for Conditional Use Permit shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):
• (1) A written appeal on the form designated by the City is filed by any interested party with the City Clerk requesting a public hearing before the City Council stating the grounds for the appeal and all required fees for said appeal are paid in full; or
• (2) The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the project. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body.
• Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.
• (h) Notice of hearings before the City Council. Notice of public hearing before the City Council to consider an appeal of the decision of the Planning Commission shall be given pursuant to subsection (f) of this section.
• (i) Decision of the City Council. The decision of the City Council on all applications shall be final and conclusive.
• (j) Expiration.
• (1) A Conditional Use Permit shall become null and void unless vested within thirty-six (36) months after the date of the public hearing at which the vote was taken. Such time limits may be extended by the Planning Commission at a public hearing with notice given pursuant to subsection (f) of this section, upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.
• (2) A Conditional Use Permit issued in conjunction with a vesting tentative map shall not expire until the expiration of such map, and any extension of a vesting tentative map shall automatically extend the Conditional Use Permit to the expiration date of such map.
• (k) Revocation. After notice to the applicant and public hearing, the Planning Commission, subject to appeal to the City Council, may revoke or modify any Conditional Use Permit issued on one or more of the following grounds:
• (1) That the approval was obtained by fraud or misrepresentation;
• (2) That the use for which such approval was granted has ceased for a period of at least eighteen (18) consecutive calendar months;
• (3) That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;
• (4) That there has not been substantial compliance with the terms and conditions of the approval;
• (5) That exercise of the approval violates any State, Federal or local statute or regulation;
• (6) That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;
• (7) That exercise of the rights under the approval constitutes a nuisance.
• At any hearing on revocation or modification the permittee and any other person whose property rights are affected by revocation, modification, or continuance of the exercise of rights under the approval, shall have the right to produce any arguments and introduce any evidence in support of their position.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2812, eff. December 4, 1997)

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