The intent of this chapter is to provide for certain uses in the several land use districts of this title subject to the issuance of a conditional use permit. The commission may, in accordance with the several provisions set forth in this chapter, grant a conditional use permit for uses listed herein when it is found that the proposed development will meet the requirements of the General Plan and the several chapters of this title. Special consideration given for conditional uses involves, among other things, the size of the area required for the proper development of certain uses, the nature of traffic generated by the operation of such uses, and the effect which such uses may have on adjoining land uses or on the growth or development of the community as a whole. In granting a conditional use permit, the commission may recommend and require such conditions as it may determine necessary in order to safeguard and protect the public health, safety and general welfare and to ensure that such development permitted will be completed in accordance with the plans and an orderly developmental period which the commission may determine.

(Ord. No. 934-2015, § 19.30.010, 7-20-2015)

The applicant shall set forth in detail, on forms provided by the commission, the reasons for the requested conditional use permit citing that the intended use is authorized by this chapter. The commission may approve a request, provided the commission makes a finding that all of the following conditions exist:

(1)

That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this title.

(2)

That the use is necessary or desirable for the development of the community and is not detrimental to existing uses or uses specifically permitted in the district classification as per this title.

(3)

That the site for the intended use is adequate in size and shape to accommodate the use and that all of the yards, setbacks, walls or fences, landscaping, and other features required in order to adjust the use to existing uses or possible future uses on adjoining land in the neighborhood be compatible with one another.

(4)

That the site for the proposed use conforms to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.

(5)

City sewer service shall not be provided to any parcel not meeting the requirements of this chapter.

(Ord. No. 934-2015, § 19.30.020, 7-20-2015)

Notwithstanding the uses or conditional uses permitted in the several land use districts of this title, the following, additional uses may be permitted in any district classification (except as noted) subject to the provisions of this chapter:

(1)

Airports and heliports, public or private.

(2)

Churches and other religious institutions, tent revivals, rescue missions and enterprises involving large assemblages of people, or automobiles, including planned amusement parks, fairgrounds, race track, open air theater, picnic grounds, recreational or sports centers, baseball and football arenas.

(3)

Cemeteries, mausoleums, crematories, columbariums, and other uses customarily incidental to these permitted uses.

(4)

Hospitals and emergency care facilities, provided that one loading space per 30,000 square feet of gross floor area is provided up to a maximum of four.

(5)

Institutions for the care of the aged, or for the care and cure of mental, drug and alcohol related addictions.

(6)

Educational facilities, libraries, museums and art galleries.

(7)

Playgrounds, parks, community center, and governmental or public buildings.

(8)

Radio and television transmitter or towers.

(9)

Rifle, pistol, trap or skeet range (limited to the DU, HS, C and I districts).

(10)

Public utilities and public service uses or structures such as reservoirs, pumping plants, electrical substations, filtration plants, sewer plants, communication substations, microwave stations and towers.

(11)

Golf courses and driving ranges in conjunction with a golf course.

(12)

Condominium conversions.

(13)

Except where permitted elsewhere in this title, the development of natural resources together with necessary buildings, apparatus, or appurtenances incidental thereto.

(14)

Other special or unusual uses for which no provision is made in this title or which provide an unusual combination of uses on a large scale as determined by the planning commission.

(15)

Auction yards.

(16)

Recreational trailer parks and campgrounds.

(Ord. No. 934-2015, § 19.30.030, 7-20-2015)

(a)

The planning commission shall fix the form and extent of information required for a use permit application. All applications must be determined to be complete by the planning department prior to being set for public hearing.

(b)

In all cases, statutory time-frames imposed by the Government Code and California Environmental Quality Act apply.

(c)

An application form provided by the planning department plus a fee as determined by resolution of the city council shall be required of all applicants. In addition, any or all of the following materials may be required of the applicant:

(1)

Site plan to scale:

a.

Parcel dimensions;

b.

All existing and proposed buildings and structures, location and number of units on the property and existing development on abutting properties;

c.

Off-street parking; location and number of spaces, dimensions of parking areas, circulation and wheel guards;

d.

Vehicular and pedestrian ways with grades, widths and types of improvements, access points providing ingress to and egress from the site; service points;

e.

Topography; surface drainage conditions and outlets;

f.

Existing and proposed utilities, poles and hydrants;

g.

Street dedications and improvements;

(2)

Elevations to scale of all structures including architectural type, overhang, openings, balconies, decks and signs (in the case of existing structures and provided that no exterior elevation changes are proposed, photographs of each side of the structures may be submitted in lieu of elevations);

(3)

Typical unit or units;

(4)

Floor plans may be required for building and safety, and fire prevention review.

(d)

Procedure. No application shall be reviewed by the planning commission or accepted by the staff until the materials requested of the applicant are presented.

(e)

Applications submitted without the required submittals shall be deemed incomplete and, pursuant to the Permit Streamlining Act, a notice shall be sent to the applicant within 30 days of submittal indicating why the submittal is incomplete.

(Ord. No. 934-2015, § 19.30.040, 7-20-2015)

Failure to comply with the approved conditions of approval shall be considered a violation of this chapter and therefore shall result in the issuance of administrative citations as identified under chapter 6.30. The city planner or his designee may set the conditional use permit approval for review hearing before the planning commission for consideration of modification, discontinuance or revocation after the issuance of the third administrative citation.

(Ord. No. 934-2015, § 19.30.050, 7-20-2015)

(a)

Each conditional use permit granted under the provisions of this chapter shall contain in its findings and conditions of approval specific instructions as to the length of time for authorized construction or establishment of use. When construction or establishment of use has not been diligently advanced to completion or occupancy of the buildings or land within six months of issuance, the permit shall become null and void.

(b)

When an applicant submits a master plan of development or use and it is approved, and such ultimate development or uses will be completed over a number of years, the commission shall require the following:

(1)

Time limit for construction or use of first buildings or areas to be utilized;

(2)

At the time of construction or use of facilities proposed as future development on the approved master plan of development, the commission will require submittal of plans for the proposed development for plan review by the city planner or his designee. If proposed construction or use is substantially the same as indicated on the approved master plan of ultimate development the city planner may permit the proposed construction or use without a further public hearing.

(3)

If the time for construction between phases exceeds five years, a subsequent conditional use permit shall be submitted to and approved by the planning commission.

(c)

A conditional use permit shall become null and void if an approved use is discontinued for a period of 12 months or longer.

(d)

Notwithstanding any other provisions of this Code to the contrary, the city planner or planning commission may require modifications, discontinuances or revocation of any conditional use permit approval if it is found that the conditional use permit approval as operated or maintained:

(1)

Jeopardizes or adversely affects the public health, peace, or safety of persons residing or working on the premises or surrounding area; or

(2)

Constitutes a public nuisance;

(3)

Has resulted in repeated nuisance activities, including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially after 11:00 p.m. or before 8:00 a.m.), traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

(4)

Adversely impacts nearby uses;

(5)

Violates any provisions of this chapter, or any other city, state, or federal regulation, ordinance, or statute;

(6)

Violates any condition imposed by a prior discretionary land use approval including approvals granted pursuant to this chapter or this title; or an approval initiated by applicants of a property owner or owner's representative related to the use of land including, but not limited to, parcel map, tentative tract map, development agreement, etc. pursuant to a moratorium or an interim control ordinance; or

(7)

Information contained on the application is false or incorrect at the time of the submittal.

(e)

Procedures. The planning division shall give notice to the record owners and lessees of the real property affected to appear at a review hearing at a time and place fixed by the city planner or his designee, at a time and place fixed by the city planner or his designee and show cause before the planning commission why the conditional use permit approval should not be modified, discontinued or revoked. Upon the conclusion of the review hearing, the planning commission may request the city planner or his designee to set a public hearing for modification, discontinuance or revocation of the conditional use permit approval.

(1)

Hearing notice. The planning division shall give notice of such review hearing to the property owner or lessee not less than 15 days prior to the proposed review hearing. Said notice shall indicate the reasons why the conditional use permit is being considered for modification, discontinuance or revocation. Public hearings requested by the planning commission as a result of a review hearing shall be noticed pursuant to chapter 19.40.

(2)

Hearing and decision.

a.

The matter may be set for public hearing before the planning commission. After the conclusion of the public hearing, the planning commission may require the modifications, discontinuance or revocation of the conditional use permit. As part of the action, the planning commission may impose conditions of operations as they deem appropriate, including those necessary to protect the best interest of the surrounding properties or neighborhood; to eliminate, lessen, or prevent any detrimental effect on the surrounding properties or neighborhood; or to ensure compliance with other applicable provisions of law or conditions of an earlier discretionary approval. Conditions imposed may include the establishment of amortization schedules, the closure or removal of buildings or structures, and affect the establishment, maintenance, or operation of the subject use, and related land uses, buildings, or structures.

b.

Any determination shall be supported by written findings, including a finding that the planning commission's determination does not impair the constitutional rights of any person. The written determination shall also state that failure to comply with any or all conditions imposed may result in the issuance of an order to discontinue or revoke the conditional use permit approval. The planning commission may require the discontinuance or revocation of a conditional use permit only upon finding that:

1.

Prior government efforts to cause the owner or operator to eliminate the problems associated with the conditional use permit approval have failed (examples include formal action, such as citations, orders or hearings by the police department, fire department, building and safety division, planning division, code compliance division, the city planning commission, or any other governmental agency); and

2.

The owner or operator has failed to demonstrate, to the satisfaction of the planning commission, the willingness or ability to eliminate the problems associated with the conditional use permit approval.

(3)

Any modification, discontinuance or revocation shall be adopted by resolution.

(f)

Appeals. The planning commission's action to modify, discontinue or revoke a conditional use permit approval may be appealed pursuant to chapter 19.44.

(Ord. No. 934-2015, § 19.30.060, 7-20-2015)

Revisions or modifications of conditional use permits can be requested by the applicant.

(1)

Revisions/modifications by applicant.

a.

Major revisions. A major revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensification, location or hours of operation, may be requested by the applicant. Such request shall be processed through application of a new conditional use permit, pursuant to the provisions contained in this section. The applicant shall supply necessary information as determined by the city, to indicate reasons for the requested change.

b.

Minor revisions. A revision or modification to an approved conditional use permit such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site, may be acted on by the planning director through the administrative review without notice procedure, pursuant to section 19.30.110(2). The applicant shall supply necessary information as determined by the planning director to indicate reasons for the requested change.

(2)

Review by planning commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.

(3)

Modification or revocation by the planning commission.

a.

After setting a date for public hearing, the planning director, or his designee, shall notify the applicant and owners of the conditional use permit in question. Such notice shall be sent by certified mail and shall state that the commission will be reviewing the conditional use permit for possible modification or revocation. It shall also state the date, time and place of hearing. The public hearing shall be conducted and notice given in accordance with chapter 19.40.

b.

The planning director, or his designee, shall fully investigate the evidence and prepare a report for the commission's consideration. Upon conclusion of the public hearing, the commission shall render a decision to do one of the following measures:

1.

Find that the conditional use permit is being conducted in an appropriate manner and that no action to modify or revoke is necessary;

2.

Find that the conditional use permit is not being conducted in an appropriate manner and that modifications to conditions are necessary; or

3.

Find that the conditional use permit is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revoke the permit which requires the operation to cease and desist in the time allotted by the commission.

c.

If the planning commission either modifies or revokes a conditional use permit, then they shall state reasons for such action within the resolution.

(4)

Extensions may be approved by the economic development and planning manager, or his designee, upon receiving a written request from the property owner, applicant, or representative. The request shall explain the reasons and necessity for granting the extension. An extension may be granted for up to one year. Subsequent extensions may be requested provided that the extensions total no more than two years.

(5)

New applications following denial or revocation. Following the denial or revocation of a conditional use permit application, no application for a conditional use permit for the same or substantially the same use or the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(Ord. No. 934-2015, § 19.30.070, 7-20-2015)

For publication and mailing of notices, see chapter 19.40.

(Ord. No. 934-2015, § 19.30.080, 7-20-2015)

For commission hearings, see section 19.42.010.

(Ord. No. 934-2015, § 19.30.090, 7-20-2015)

For appeals, see chapter 19.44.

(Ord. No. 934-2015, § 19.30.100, 7-20-2015)

Land use applications will be reviewed and approved in accordance with two basic procedures:

(1)

Noticed public hearing by the planning commission, in which the planning commission hears public testimony for and against the land use proposal, reviews evidence and renders its decision;

(2)

Administrative review without notice, used when land use decisions made by the reviewing authority are based upon standards that have been adopted by the city as law or policy, and the reviewing authority is allowed to render a decision without giving notice to surrounding property owners and other parties. The reviewing authority shall be the economic development and planning division.

(Ord. No. 934-2015, § 19.30.110, 7-20-2015)

Each conditional use permit lawfully existing at the time of adoption of the ordinance amending this section and those conditional use permits granted in compliance with the provisions of this chapter shall remain in effect for the effective life of the business service, or use authorized by such permit, subject to any conditions of approval or operating standards imposed by the planning commission or city council. Such permit shall remain in effect upon a change of business or property ownership. To allow for minor deviations in operating standards and conditions, the development services director may make an administrative determination that a use is in substantial compliance with an approved conditional use permit.

(Ord. No. 934-2015, § 19.30.120, 7-20-2015)