Uses listed in the zones or sections of this title as permitted subject to conditional use permit may be so permitted when such uses are necessary to the development of the City and are in no way detrimental to surrounding properties or uses permitted in the zone. In granting the permit, the Planning Commission may require certain safeguards and establish certain conditions deemed necessary to protect the health, safety and general welfare. Uses existing on the effective date of this title, which are listed as permitted in this title subject to a conditional use permit in the zone in which they are located, may continue without securing such a permit; however, any extension or expansion or such use shall require a conditional use permit.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The following uses shall be subject to conditional use permit:

A.

Listed. Uses listed in zones as "conditional uses" may be permitted subject to the provisions of this section.

B.

Uses not listed. The following uses may be permitted pursuant to this section in any zone except where expressly prohibited, when such uses are deemed by the Planning Commission to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its goals and objectives. In no case shall a conditional use permit be granted for a use specifically prohibited.

1.

Development of natural resources, with necessary building, apparatus, or appurtenances; except extraction or production of rock or gravel.

2.

Radio or television antenna or transmitters for commercial purposes.

3.

Regional uses which serve persons in a regional area as well as in the City, including but not limited regional recreation centers.

4.

Stadiums.

5.

Golf courses and related driving ranges.

6.

Riding stable or academy.

7.

Governmental facilities.

8.

Public utility structures.

9.

Planned, integrated housing developments on sites not less than five acres in area or in a block entirely surrounded by streets.

10.

Methadone clinics or similar.

11.

Unattended collection or donation boxes, bins or other structures upon commercial or industrial properties.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The following provisions shall apply to temporary uses as defined in section 18.02.010:

A.

Seasonal, theme-oriented temporary use. Location permitted subject to the issuance of a temporary use permit issued by the Director of Community Development. In no case shall such a temporary use be operated in excess of 30 days during any 12-month period.

B.

Special use event. Permitted in conjunction with any permanent retail commercial use subject to the issuance of a temporary use permit issued by the Director of Community Development. Such event shall not be operated in excess of five days for any single event nor shall they be permitted to occur more than 15 days per use during any 12-month period.

C.

Forms; comment. Temporary use permits shall be on a form as provided by the Director of Community Development. Prior to issuance of a temporary use permit, all affected City departments shall be given an opportunity to comment.

D.

Photography or filming permit. The Director of Community Development shall be authorized and directed to be the primary contact for the receipt and processing of filming permits. The permit shall be processed on the forms prepared by the Director of Community Development.

E.

Administrative permit—Uses of land, buildings, and/or temporary buildings on a site for a definite period of time. This section shall apply to all buildings of 120 square feet and less and subdivision tract sales offices. The administrative conditional use permit shall not be available for any building of greater than 120 square feet except as provided for in chapter 18.38 of the Ceres Municipal Code.

1.

Buildings of fewer than 120 square feet may be moved onto an existing commercially- or industrial-zoned property. Such buildings may be temporarily affixed to the site and may receive only temporary electrical service from an approved source in accordance with the approval of the Planning Manager and subject to obtaining the appropriate building permit.

2.

Conditions. Administrative permits and permit renewals shall be subject to conditions applied by City departments which shall be attached to the permit and signed by the applicant. All property development standards must be observed. None of the provisions of this section shall be construed to supersede the provisions of other sections of the Ceres Municipal Code. Appeals shall be conducted pursuant to the provisions of chapter 18.34 of the Ceres Municipal Code.

3.

Time limits. Each administrative permit for uses other than subdivision tract sales offices shall allow the use to operate 180 consecutive days in any calendar year. Each administrative permit shall be effective for no more than one time per calendar year or to the time frame specified in the permit which, at the discretion of the Director of Community Development, may be less than one year.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Filing. Application for a conditional use permit shall be filed by the owner of the property for which the permit is sought, or by the authorized representative of the owner.

B.

Form and contents. Application shall be made to the Planning Commission on forms furnished by the Planning Division, and shall be full and complete, including such data as may be prescribed by the Planning Commission to assist in determining the validity of the request. The applicant shall verify the petition and the date of verification shall be noted on the petition.

C.

Administrative conditional use permit. Application for an administrative conditional use permit shall be filed by the business owner and shall require written approval of the property owner. Application shall be made to the Director of Community Development on forms furnished by the Planning Division and shall be full and complete, and include information including operating hours, business description, products offered for sale, a diagram of the site and building. The original application and annual renewals shall be circulated to all City departments for comment prior to permit issuance. Changes in the business or its operation must be approved by the Director of Community Development. Failure to comply with the conditions applied to the administrative conditional use permit may result in revocation of the permit or denial of a new administrative permit.

(Ord. No. 2020-1059, § 1, 3-23-2020)

When an application for a conditional use permit, temporary use permit, or administrative conditional use permit is filed, a fee shall be paid in such amount as determined by the City Council by resolution.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Division shall investigate the facts bearing on any case involving a conditional use permit to provide the Planning Commission with data essential for action consistent with the intent of this title and the general plan.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Public hearings shall be noticed and heard on applications for conditional use permits or applications for modification of conditional use permits in the manual required by law, and in accordance with the provisions of section 18.32.160 of this Code.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Time limit. The Planning Commission shall, not less than ten days nor more than 30 days after the publication of the legal notice, hold a public hearing.

B.

Announcement of decision. The Planning Commission shall announce its decision within 30 days after the conclusion of the public hearing. The decision shall set forth in the findings of the Planning Commission and any recommended conditions deemed necessary to protect the health, safety, and welfare of persons in the neighborhood and in the City as a whole.

C.

Applicant's copy. A copy of the decision shall be mailed to the applicant at the address shown on the application.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission, in recommending approval of a conditional use permit, shall by affirmative vote of not less than a majority of its members, find as follows:

A.

That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood;

B.

That the site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

C.

That the proposed use will have no adverse effect on abutting property or the permitted use thereof;

D.

That the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare. Such conditions may include:

1.

Regulation of use.

2.

Special yards, spaces, and buffers.

3.

Fences and walls.

4.

Surfacing of parking areas subject to City specifications.

5.

Requiring street, service road or alley dedications and improvements or appropriate bonds.

6.

Regulation of points of vehicular ingress and egress.

7.

Regulation of signs.

8.

Requiring landscaping and maintenance.

9.

Requiring maintenance of the grounds.

10.

Regulation of noise, vibration, odors, etc.

11.

Regulation of time for certain activities.

12.

Time period within which the proposed use shall be developed.

13.

Duration of use.

14.

And 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 title.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Time limit. An approved use permit shall be valid for a period of 24 months from the effective date of approval or for the same period of time as any tentative map or parcel map approved in conjunction with the use permit unless a different time period is specified by the Planning Commission in its action approving the use permit. During this period an applicant must exercise the use permit by taking those actions needed to develop the property and obtain a building permit, or use the property by occupying the property as authorized by and in accordance with the approved use permit or apply for a time extension. The approved use permit shall be deemed expired and rendered null and void if no action is taken to exercise the use permit by the applicant at the end of the prescribed period. Once exercised by completing those actions needed to develop or use the property in accordance with the approved use permit, the development, use or activity authorized by the approved use permit shall be considered to be established and shall be permitted to continue for an indefinite period of time or for that period of time specified in the Planning Commission's approval; provided, that the development, use or activity is consistent with the conditions of approval and all other applicable regulations. A determination regarding whether an approved use permit has been fully exercised and is considered to be established shall be determined on a case by case basis where an approved use permit authorizes more than one development, use or activity on a property, or where an approved use permit authorizes a phased development project and the actions taken by the applicant to exercise the permit are limited in scope to only a portion of the property.

B.

Extension of time limit. Provided that an application is made prior to the expiration of the approved use permit, an approved use permit may be extended by (1) the Director of Community Development for a period not to exceed 90 days, or (2) the Planning Commission for a period not to exceed 24 months without further hearing upon showing of good cause. The Director of Community Development shall report any such time extensions to the Planning Commission at its next regularly scheduled meeting. The Planning Commission may at its discretion, add or revise the original conditions of approval when approving a time extension of a previously approved use permit. The filing of an application to extend the time period of an approved use permit shall automatically extend the life of the approved use permit for a period of 60 days or until a decision is reached by either the Director of Community Development or Planning Commission to authorize an extension of time, whichever comes first. The term of the approved use permit shall automatically be extended for that period of time during which a development moratorium, defined in Government Code section 66452.6, prevents the approved use permit from being exercised.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Any person aggrieved by the actions of the Director of Community Development or Planning Commission regarding a conditional use permit application, may appeal therefrom by filing a written notice of appeal within ten days of the final determination of the Director of Community Development or Planning Commission on a form prescribed by the City which shall be filed with the City Clerk.

(Ord. No. 2020-1059, § 1, 3-23-2020)

All written notices of appeal shall be accompanied by a filing fee in an amount as determined by the City Council by resolution.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A public hearing shall be required for all appeals brought before the City Council regarding conditional use permits.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Time limit. The Council shall, not less than ten nor more than 30 days after the publication of legal notice of a public hearing on an appeal, hold a public hearing.

B.

Decision. The City Council shall hear and decide on the subject of the appeal, giving full consideration to the specific findings of the officer or commission appealed from, and may affirm, reverse, or modify the action appealed as it deems just and equitable. The City Council shall announce its decision within 30 days after the conclusion of the public hearing. The action of the City Council on appeals shall be final, except that all aggrieved parties shall have the right to appeal further in a court of competent jurisdiction. Notification of the City Council action shall be mailed to the appellant on the address shown on the appeal.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Any conditional use permit hereafter approved by the Planning Commission may be revoked by the Planning Commission on any of the following grounds:

A.

That the approval was obtained by fraud or through the intentional submission of incomplete or inaccurate information.

B.

That the permit has been or is being exercised contrary to the terms or conditions of approval, or is in violation of any statute, ordinance, law or regulation.

C.

That the use is being exercised in such a way as to be detrimental to the public health or safety or in such a manner as to constitute a nuisance.

D.

That the use for which approval was granted has ceased to exist or has been suspended for a period in excess of six months.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission shall hold a hearing prior to revoking any conditional use permit. If considered desirable and in the public interest by the Planning Commission, notice of the hearing shall be given in the same manner as notice of hearing on an application for a conditional use permit. In any event, written notice of the time and place of the hearing shall be given to the permittee, by certified mail with return receipt requested, at least ten days prior to the hearing, and the permittee shall be given a reasonable opportunity to be heard and to present evidence on his behalf at such hearing.

(Ord. No. 2020-1059, § 1, 3-23-2020)