(a)

The planning commission shall hear and act upon a variance or conditional use permit application as provided in this zoning ordinance and pursuant to title 7 of the Government Code (Planning and Land Use).

(b)

Conditional uses subject to planning director review and approval, as identified in use tables and text for the respective zoning districts, shall be heard and acted upon by the planning director as provided in this zoning ordinance and pursuant to title 7 of the Government Code (Planning and Land Use).

(Ord. No. 2008-04 § 1.)

(a)

Submission of an Application. Any person desiring a variance or conditional use permit required by, or provided for, in this zoning ordinance, may file an application or petition with the planning director. However, the planning director may not accept any application requesting a variance or conditional use permit for the same use, or substantially the same use, in any case where the planning director, planning commission, or the city council has taken a final action on a previous application within six months prior thereto, unless the applicant can show changed conditions and the planning commission (or planning director for conditional uses subject to director review and approval) agrees to accept the application on the basis of said changed conditions.

(b)

Initiation of Public Hearings. After receiving a completed application, and after the applicant has paid the required filing fee, the planning director shall request the city clerk to set a public hearing date to consider the application as described in section 27.241 (Notice of public hearing).

(c)

Hearing by Planning Commission or Planning Director. Within sixty days after the filing of a completed application, the planning commission (or planning director for conditional uses subject to director review and approval) shall hold a public hearing on the application and take action on the application. The planning commission (or planning director for conditional uses subject to director review and approval) shall make findings to support its decision as required by section 65906 of the Government Code.

(d)

Review of Environmental Initial Study and Assessment. Prior to taking any action on a variance application or conditional use permit application, the planning commission (or planning director for conditional uses subject to director review and approval) shall first review the environmental initial study and assessment prepared by city staff. The planning commission shall determine whether an environmental impact report should be prepared, or whether a negative declaration of no significant environmental impact is appropriate. If a negative declaration is recommended, the planning commission shall also apply appropriate mitigation measures, if applicable to the variance or conditional use permit application involved.

(Ord. No. 2008-04 § 1.)

A person applying for a variance or conditional use permit shall submit an application containing the following information and such other information as is requested by the planning director. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. The planning commission (or planning director for conditional uses subject to director review and approval) may reject any application that does not supply the information requested.

(Ord. No. 2008-04 § 1.)

The planning commission (or planning director for conditional uses subject to director review and approval) shall consider applications for a conditional use permit, and may, with such conditions as are deemed necessary, approve a conditional use permit which will not jeopardize, adversely affect, endanger, or otherwise constitute a menace to the public health, safety, or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use.

1.

In making such determination, the planning commission (or planning director) shall make findings that the proposed use is in general accord with the following principles and standards:

a.

The proposed conditional use shall not be in conflict with the general plan or any specific plan.

b.

The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed conditional use shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings or structures.

c.

The site for a proposed conditional use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this zoning ordinance, or as required by the planning commission as a condition in order to integrate said use with the uses in the neighborhood.

d.

The site for a proposed conditional use shall be served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.

2.

Conditions imposed by the planning commission (or planning director) for a conditional use permit may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:

a.

Special yards, open spaces and buffer areas;

b.

Fences and walls;

c.

Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;

d.

Street and highway dedications and improvements, including sidewalks, curbs and gutters;

e.

Adequate water supply, fire protection, and sewer capacity;

f.

Landscaping and maintenance of grounds;

g.

Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

h.

Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

i.

Regulation of signs, including outdoor advertising;

j.

A specified validation period limiting the time in which development may begin;

k.

Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;

l.

A site plan indicating all details and data as prescribed in this chapter subject to the provisions of sections 27.261 through 27.268 (Site Plan Review) of this zoning ordinance.

m.

Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in accord with all elements of the general plan or any specific plan.

3.

The planning commission (or planning director) shall deny the requested conditional use permit where the findings indicate, and the planning commission determines, that the applicant has failed to show that the requested use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use, and reasonable restrictions or conditions to permit the establishment of the proposed use will not prevent detriment or menace as indicated.

(Ord. No. 2008-04 § 1.)

The planning commission shall consider applications for a variance, and the planning commission may grant a variance, with such conditions as are deemed necessary to protect the public health, safety, and general welfare.

1.

In making such determination, the planning commission shall find:

a.

That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings;

b.

That the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

c.

That the variance granted shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated;

d.

That the variance granted does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations applicable to the property;

e.

That the proposed variance will not be materially detrimental to the public welfare or detrimental to the health and safety of persons located in the vicinity of the subject property; and

f.

That the proposed variance is consistent with the character of the area in which the variance is granted in that previous variances have been granted, lot sizes are large, landscaping is mature and architecture is varied.

2.

Conditions imposed by the planning commission for a variance may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:

a.

Granting a variance for a limited time only;

b.

Granting a variance to a specific property owner only with the condition that such variance is not transferable to a new owner;

c.

Granting, for a limited time only, an expansion or extension of a previously granted variance or the extension of the time limit for a nonconforming use, on condition that at the end of such time such prior variance or nonconforming use shall terminate and the property shall thereafter be used for such purposes as are permitted in the zone in which such property is located;

d.

If the environmental assessment identifies any significant environmental impacts, the planning commission may require either an environmental impact report or appropriate mitigation measures as a condition of the filing of a negative declaration.

(Ord. No. 2008-04 § 1.)

The planning director shall notify the applicant of the action taken on his or her application by the planning commission (or planning director for conditional uses subject to director review and approval).

(Ord. No. 2008-04 § 1.)

A variance or conditional use permit which has been granted by the planning commission (or planning director for conditional uses subject to director review and approval) shall become final and effective fifteen days after receipt by the applicant of a written notice of action taken provided no appeal of the action taken has been filed within the said fifteen-day period.

(Ord. No. 2008-04 § 1.)

A variance or conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this zoning ordinance, shall adhere to the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land, unless the planning commission (or planning director for conditional uses subject to director review and approval) attached a condition to the granting of said variance or conditional use permit whereby it could not be transferred to a new owner.

(Ord. No. 2008-04 § 1.)

Whenever the planning commission (or planning director for conditional uses subject to director review and approval) grants or modifies a variance or conditional use permit, and the grant or modification of said variance or conditional use permit is subject to one or more conditions, the planning commission (or planning director) may require that the applicant or owner of the property file with the city clerk a corporate surety bond, deposit of money, or savings and loan certificates or shares in an amount guaranteeing the faithful performance of said conditions.

(Ord. No. 2008-04 § 1.)

A variance or conditional use permit which is not used within the time specified in said permit, or if no time is specified, within two years after the granting of said permit, becomes null and void and of no effect, except that the planning commission (or planning director for conditional uses subject to director review and approval) may extend such expiration date upon written request for an additional period not to exceed six months.

(Ord. No. 2008-04 § 1.)

A conditional use permit shall cease to be of any force and effect if the use has ceased, or has been suspended for a consecutive period of two or more years.

(Ord. No. 2008-04 § 1.)

Neither the provisions of this zoning ordinance nor the granting of any variance or conditional use permit authorizes or legalizes the maintenance of a nuisance, either public or private.

(Ord. No. 2008-04 § 1.)

Unless specifically modified by a conditional use permit or variance, all regulations prescribed in the zone in which such conditional use permit or variance is located shall apply.

(Ord. No. 2008-04 § 1.)

The planning commission (or planning director for conditional uses subject to director review and approval) may revoke any previously granted variance or conditional use permit if the planning commission (or planning director) makes findings that:

1.

Such variance or conditional use permit was obtained by fraud.

2.

Such variance or conditional use permit has not been used within two years after the granting thereof.

3.

Conditions relative to the subject property have changed and the variance or conditional use permit would no longer apply to the subject property.

4.

The conditions which were attached to the variance or conditional use permit approval have not been complied with.

(Ord. No. 2008-04 § 1.)

The planning director shall notify in writing the person owning or operating a use for which a variance or conditional use permit was revoked, including such other persons known to the planning director as having any right, title, or interest in the property.

(Ord. No. 2008-04 § 1.)

An order by the planning commission (or planning director for conditional use subject to director review and approval) revoking a variance or conditional use permit shall become final and effective fifteen days after receipt by the owner or operator of such use of a written notice of the action taken, provided no appeal of the action taken has been filed within the said fifteen days.

(Ord. No. 2008-04 § 1.)

(a)

Within fifteen days after the planning commission or planning director has taken action on an application, any person dissatisfied with the action may file a written appeal with the city clerk appealing said decision to the city council if it was a planning commission action, or to the planning commission if it was a planning director action.

(b)

Upon the filing of a notice of appeal, the city clerk shall set the matter for hearing before the city council or planning commission, whichever is applicable, within thirty days.

(Ord. No. 2008-04 § 1.)

After hearing an appeal, the city council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made. The city council's decision on appeal shall not be limited to the points appealed, but may cover all phases and aspects of the matter, including the addition or deletion of any condition.

(Ord. No. 2008-04 § 1.)

The decision of the city council, upon an appeal from an action of the planning commission, is final and conclusive as to all things involved in the matter.

(Ord. No. 2008-04 § 1.)