A.

Intent and Purpose. To provide for the proper location of certain uses which, because of unusual effects or characteristics, including large land area, potential intensity or public concern, cannot be automatically permitted in, nor absolutely prohibited from, some or all zone classifications without imposition of specific conditions; to ensure that the location of these uses will be in accordance with the objectives of the general plan and the intent and purpose of the applicable zoning district; to provide sufficient and adequate safeguards and conditions to ensure that the conditional use will be operated and maintained in a manner not detrimental to the public health, safety and welfare, or harmful to neighboring property and improvements.

B.

Definition—Conditional Use. A conditional use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment used, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities. Such control is to ensure that the particular use at the particular site on which such use is proposed to be located, is compatible with the other existing or permitted uses surrounding the site.

C.

Authority of the Commission. Subject to the provisions of this chapter, the commission may grant permits for those conditional users which are designated in the district regulations.

D.

Uses Permitted in any Zone by Conditional Use Permit.

1.

Airports and heliports;

2.

Municipal buildings, public utilities, or utilities by mutual agencies, consisting of water wells, electrical substations, gas metering stations, power boosters, or conversion plants with the necessary buildings, apparatus, or appurtenances customary to such establishments.

3.

Churches, temples, and places used exclusively for religious worship; and

4.

Public and private elementary, junior high, and senior high schools; public and private colleges and universities.

E.

Uses permitted in any commercial zone by conditional use permit.

1.

Liquor sales, subject to Section 17.74.015.

F.

Initiation . application for a conditional use permit may be initiated by owners or bona fide lessees of the affected property.

G.

Notification of public hearing for a conditional use permit application shall be by:

1.

Newspaper; and

2.

Written notice to applicant and surrounding property owners within a three hundred-foot radius. However, in the case of wireless communication facility applications under Chapter 17.86, the radius shall be five hundred (500) feet. Where seventy-five (75) percent or more of the property within the three hundred-foot or five hundred-foot radius is owned by the applicant, or is in public ownership, notification shall include all adjacent property owners.

(Prior code § 080.50)

(Ord. No. 1026, § 5, 1-12-11; Ord. No. 1088, § 4, 12-14-16)

A.

This section applies to:

1.

Establishments that do not currently but propose to sell liquor;

2.

Establishments that currently sell liquor but which propose to change the type of liquor to be sold by changing the type of retail liquor license within a license classification;

3.

All establishments that currently sell liquor, if the establishment substantially changes its mode or character of operation, which includes, but is not limited to:

a.

An increase in floor area used for the display of liquor; or

b.

A ten-percent increase in facing/shelving used for the display of liquor; and

B.

Prior to approving a conditional use permit for either (i) on-sale liquor sales in conjunction with a bona fide eating establishment located anywhere in the city, or (ii) on-sale or off-sale liquor sales located in the "Pueblo Viejo" area of the city (as identified in the City's General Plan), the planning commission must make the findings set forth in Section 17.74.020. For purposes of this section, "bona fide eating establishment" means an establishment engaged in the following:

1.

The sale of food and non-alcoholic beverages for consumption on or off the premises; and

2.

the sale of liquor/alcoholic beverages for consumption on premises only; and

3.

Where at least twenty (20) percent of the gross floor area of the building is designed, equipped and used exclusively for the storage and preparation of food and non-alcoholic beverages for consumption; and

4.

Where at least fifty (50) percent of the gross floor area of the building is designed, equipped and used exclusively for seating of patrons for the purpose of serving meals. "Meals" shall mean the usual assortment of foods commonly ordered at various hours of the day for breakfast, lunch or dinner, and not merely appetizers or snacks. "Patrons" shall mean persons who come to a bona fide public eating establishment for the purpose of actually ordering and obtaining a meal therein; and

5.

Where not more than twenty (20) percent of the gross floor area, or one thousand five hundred (1,500) square feet, whichever is less, is dedicated to a bar or the storage, sales and display of liquor/alcoholic beverages and said area is separated by physical barriers from the main seating area for serving meals.

C.

Prior to approving a conditional permit for any other type of liquor sales use, the planning commission must make the findings set forth in Section 17.74.020, plus the following additional findings:

1.

With respect to liquor, on-sale establishments:

a.

The establishment does not fall within seven hundred (700) feet, measured from property line to property line, of a use for religious worship, school (public or private), park, playground, residential or any similar sensitive use; and

b.

The establishment does not fall within seven hundred (700) feet, measured from property line to property line, of an existing liquor, on-sale use; and

i.

The planning commission may find that the public benefit outweighs the distance restrictions of subsections (a) and/or (b) above, upon additional findings that:

(A)

The establishment provides a substantial benefit to the immediate neighborhood not provided by another existing establishment within the restricted distance; and

(B)

Not greater than five percent of the sales floor area or 1,000 square feet, whichever is less, shall be used for the display or sale of alcoholic beverages;

c.

That the requested establishment at the proposed location will not adversely affect the economic welfare of the nearby community; and

d.

That the exterior appearance of the structure of the proposed establishment will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood as to cause blight, deterioration, or substantially diminish or impair the property values within the neighborhood.

2.

With respect to liquor, off-sale establishments:

a.

The establishment does not fall within seven hundred (700) feet, measured from property line to property line, of a use for religious worship, school (public or private), park, playground, residential or any similar sensitive use; and

b.

The establishment does not fall within seven hundred (700) feet, measured from property line to property line, of an existing liquor, off-sale use; and

i.

The planning commission may find that the public benefit outweighs the distance restrictions of subsections (a) and/or (b) above, upon additional findings that:

(A)

The establishment provides a substantial benefit to the immediate neighborhood not provided by another existing establishment within the restricted distance; and

(B)

Not greater than five percent of the sales floor area or one thousand (1,000) square feet, whichever is less, shall be used for the display or sale of alcoholic beverages;

c.

That the requested establishment at the proposed location will not adversely affect the economic welfare of the nearby community; and

d.

That the exterior appearance of the structure of the proposed establishment will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration, or substantially diminish or impair the property values within the neighborhood.

D.

Additionally, if the California Department of Alcoholic Beverage Control (ABC) notifies the City that the proposed establishment is either (1) subject to the State law moratorium/limit on the number of liquor licenses that may be issued within the city under California Business and Professions Code Section 23817.7 or, (2) is in an area of "undue concentration" of liquor licenses, as defined in California Business and Professions Code Section 23958.4; the planning commission must additionally find that the public convenience or necessity nonetheless justifies the issuance of the liquor license to the establishment.

(Ord. No. 1088, § 5, 12-14-16)

A.

Types of Determinations. The planning commission shall consider the reports, recommendations, and evidence presented, and any determinations may take the following forms:

1.

Approval of the application as filed.

2.

Modification of the Application. Determination may include granting of a change other than that requested, but any such change must be of equal or lesser intensity than that originally requested.

3.

Disapproval of the application.

4.

Action postponed.

5.

Failure to act.

B.

Findings. Each determination granting a conditional use shall be supported by written findings of fact showing specifically how the determination meets the following criteria and requirements:

1.

The proposed use will not be in conflict with, but will be in harmony with and in accordance with the objectives of the general plan.

2.

The proposed use will be located, designed, constructed, operated and maintained so as to be compatible with the existing or intended character of the general vicinity and shall not change the essential character of the same area.

3.

Consideration is to be given to harmony in scale, bulk, coverage and density, to the availability of public facilities and utilities, to harmful effect, if any, upon desirable neighborhood character, to the generation of traffic and the capacity of surrounding streets, and to any other relevant impact of the development.

4.

Where the proposed use may be potentially hazardous or disturbing to existing or reasonably expected neighboring uses, it must be justified by the common public interest as a benefit to the community as a whole.

5.

The proposed use will include vehicular approaches to the property designed for reasonable minimal interference with traffic on surrounding public streets or roads.

C.

Conditions. In granting any conditional use, the planning commission may attach such additional conditional conditions and safeguards as 'e deemed necessary to protect the surrounding area, including but not limited to the following:

1.

Requirement of yards other than the minimum size required by this chapter.

2.

Requirement of screening of parking, recreation or storage areas or other portions of the subject property from adjoining premises or from any street by walls, fences, planting or other devices.

3.

Modification of the exterior features or appearance of any structure where necessary to preserve property values.

4.

Limitation of size and extent of facilities, machine capacity, number of employees or occupants, and method or times of operation.

5.

Regulation of number, design and location of access drives or other traffic features.

6.

Requirement of off-street parking or other special features other than the minimum required by this chapter or applicable codes or regulations. (Note: Allows less than minimum as well as greater than.)

7.

Utilities.

8.

Control of location, number, color, size, height, lighting and landscaping of signs and structures as related to creation of traffic hazards and appearance in harmony with surrounding development and community objectives.

9.

Maintenance of the grounds, landscaping and irrigating system.

10.

Regulation of noise, vibration, odors and other similar performance standards.

11.

A time period within which the proposed use shall be developed, plus any specified period for the life of the conditional use.

12.

Phasing of the development plan.

13.

A bond or deposit of money for the completion of street improvements and other facilities or to guarantee the change or removal of any designated use or structure within a specified period of time to assure faithful performance on the part of the applicant.

14.

A tract map or parcel map.

15.

Approval of development plans.

D.

Time Limits—Determination. The planning commission shall make such determination within sixty (60) days of the filing date, or such longer period up to an additional sixty (60) days as may be mutually agreed upon between the agency and the applicant.

E.

Effective Date—No Appeal Filed. If no appeal is filed, the determination of the authorized agency shall become effective upon the close of the appeal filing period (fifteen (15) days). An appeal from a decision of the commission shall be taken to the council. If an appeal is filed, see Section 17.74.030. If the planning commission fails to act on the matter, see Section 17.70.070.

(Prior code § 080.51)

A.

Commission Fails to Act. If the planning commission fails to act on an application within the prescribed time period or after an authorized extension, the applicant may file a request for transfer of jurisdiction. The commission shall forward the request with the file to the council for determination of the original application by majority vote. The request of jurisdiction shall be filed by mail or at one of the public counters of the department within ten (10) days from the expiration of the authorized time period. If the applicant fails to file for transfer of jurisdiction, the original application shall be deemed denied and is not subject to appeal.

B.

Procedure—Transfer of Jurisdiction.

1.

When a matter is transferred, the council shall be governed by the same procedural and time requirements as apply to an original proceeding.

2.

When the council assumes jurisdiction, the commission shall lose jurisdiction in the matter. The commission shall make such investigations and furnish such reports as the council may request.

3.

The mater may be remanded by the council in which case the commission shall regain jurisdiction. If the file is remanded, the time period shall not exceed that allowed to the council on transfer. If after a remand and expiration of the time specified, the commission still fails to act, the original application shall be deemed denied and is not subject to appeal.

C.

Council Fails to Act. If the council fails to act on any matter transferred to it, the original application shall be deemed denied and no appeal may be taken.

D.

Effective Date—Transfer of Jurisdiction.

1.

If the case was determined by the commission on remand and there was no appeal, decision on the expiration of the appeal filing period (fifteen (15) days) shall be effective.

2.

If the case was determined by the council, its decision is final on the date of mailing of its determination and findings to the applicant.

(Prior code § 080.052)

A.

Appellants. An appeal to the council from a determination by the commission of a conditional use may be filed by the original applicant, by any person aggrieved, or by any two city council members under Section 17.70.080(C).

B.

Procedure—Appeal.

1.

When an appeal is filed, the commission shall transmit its record of the matter to the council.

2.

The council shall base its determination on appeals only upon the evidence and testimony introduced at any hearing or hearings held by the commission and upon the commission's record, findings and determination.

3.

If the original applicant or the appellant wishes to offer into the proceedings any new evidence or testimony, a written summary stating why such evidence or testimony could not have been presented during the original consideration shall be filed. If the council determines that such evidence could not reasonably have been presented earlier and is of such nature as might reasonably have led to a different determination, the matter shall be remanded to the commission. The commission shall reopen the matter and make a determination before expiration of the time period allotted to the council.

4.

If the commission fails to act on remand after appeal, the matter is deemed denied and is not subject to further appeal.

C.

Time Limit—Council Action. Council shall act on appeal matters concerning conditional uses within sixty (60) days or within such extended period of time up to an additional sixty (60) days as may be mutually agreed upon by the applicant or appellant and the council.

D.

Council Vote. The council may approve, deny or impose additional conditions on a permit under appeal by majority vote.

E.

Council Fails to Act on Appeal. If the council fails to act upon an appeal concerning conditional uses within the specified time period, it shall be deemed a denial of the appeal.

F.

Effective Date—Council Action. A determination by the council on appeals concerning conditional uses shall become final on the date of mailing of the council decision, or on expiration of the specified time limit if it fails to act.

(Prior code § 080.53)

(Ord. No. 1087, § 6, 5-25-16)

A.

Expiration of Conditional Use.

1.

A conditional use shall expire and shall become void two years following the date on which the conditional use became effective, unless prior to the expiration of two years a building permit is issued and construction is commenced and diligently pursued toward completion, or a certificate of occupancy is issued.

2.

A conditional use that has been granted, but not been exercised within two years may be renewed for three one-year time extensions only if an application stating reasons for renewal is filed prior to one-year after the effective date of the conditional use approval by the planning commission. In the event that the planning commission acts to approve a time extension for the conditional use permit, the planning commission may impose any reasonable conditions on the conditional use permit as a condition of the time extension, provided a modification to the conditional use permit is processed. In the event that such additional conditions are not acceptable to the applicant and/or owner, the planning commission shall deny the time extension request.

3.

Conditional uses for public utilities, public health facilities, or governmental enterprises, including but not united to elementary or high schools, libraries, museums, fire or police stations are exempt from the expiration provision provided acquisition or legal proceeding for acquisition of the site is commenced within two years.

B.

Revocation of Conditional Use.

1.

Review authority. The planning commission may recommend revocation or modification and the city council may revoke or modify the conditional use permit.

2.

Planning commission review. The planning commission shall hold a public hearing on the proposed modification or revocation of the conditional use permit at which the then current holder of the conditional use permit (the applicant for the conditional use permit or the applicant's successor in interest) shall be given opportunity to present evidence as to why the conditional use permit should not be modified or revoked. Notice of the hearing shall be given to the holder either by personal service or by registered mail, postage prepaid, return receipt requested; provided, however, that should such notice not be able to be given in such means after three attempts, such notice may be given by posting on the property for which the conditional use permit was issued. The commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain. After the hearing, the commission shall recommend that the conditional use permit be revoked, modified or allowed to remain unchanged and shall cause a written report of its recommendation to be transmitted to the city council; provided, however, if the commission has held such hearing on its own motion and is of the opinion that the use permit should neither be revoked or modified, the commission need not report its recommendation.

3.

City council review. At the next regular meeting of the city council after the planning commission has acted, any reported recommendation of the planning commission shall be deemed filed with the city council. Within thirty (30) days thereafter, the city council shall hold a public hearing upon the question of the revocation or modification of the conditional use permit. The city council may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain. After the hearing, the city council may revoke or modify the conditional use permit or allow the permit to remain unchanged. The action of the city council shall be final.

4.

Required findings. The review authority shall meet one or more of the following findings to modify or revoke a conditional use permit:

a.

One or more conditions of approval of the conditional use permit are being violated or are not being satisfied.

b.

The conditional use is being operated or maintained in a manner that constitutes a public nuisance.

c.

The conditional use is being operated or maintained in a manner that is inconsistent with the use for which the permit was approved.

d.

The use has ceased or been suspended for a year or more.

e.

The use has not been exercised within the validation time period.

f.

The conditional use permit was obtained by fraud in that the original application contained incorrect, false, or misleading information.

C.

Permits—Building Department. Upon the effective date of any conditional use authorization and subject to all conditions thereof, the building department may issue permits.

D.

Expansion of Uses and New Structures. On any premises or portion thereof on which a conditional use is permitted pursuant to the provisions of this chapter, new structures may be erected, enlargements may be made to existing structures and existing uses may be extended to an approved site if not part of the previously approved plans, provided the relevant plans are submitted to and approved by the planning commission, according to the procedures prescribed herein for the establishment of the conditional use.

E.

Continuance of Use. While the conditional use is continued, the approved site shall be retained for such conditional use or dedicated public uses, and no portion thereof shall be severed therefrom or utilized for other purposes unless the plans for the reduced site are first submitted to and approved by the planning commission. If a conditional use is abandoned or is discontinued for a continuous period of one year, it may not thereafter be reestablished unless authorized in accordance with the procedure prescribed herein for the establishment of conditional use.

F.

Change of Use. No conditional use may be changed to a substantially different type of conditional use unless the new use is authorized in accordance with the procedure prescribed herein for the establishment of a conditional use.

G.

Change of Conditions and Minor Extensions. A subsequent change in the conditions of a conditional use which has been granted may be authorized by the planning director, provided the change does not increase the density, nor decrease the number of parking stalls, nor substantially alter the intensity of operation beyond what was originally approved. The planning director may also approve minor changes in any required phasing plan provided the cumulative effect of such changes does not increase any scheduled time periods by more than six months.

H.

Existing Conditional Uses.

1.

Where a use is classified as a conditional use under this chapter and has been determined to have existed as a conditional or permitted use at the date of the adoption of this chapter, it shall then be considered to be a legal conditional use.

2.

Where a use is not allowed as a conditional or permitted use at the date of the adoption of this chapter, it shall be considered to be a nonconformity and shall be subject to the provisions of Section 17.78.020.

I.

Reapplication—Conditional Use. At least one year shall have elapsed since the effective date of disapproval of the application or revocation of any conditional use permit before a new application may be filed seeking substantially the same conditional use for any of the same or substantially the same property.

J.

Expiration of Architectural Approval.

1.

Architectural approval shall expire three hundred sixty-five (365) days from approval unless the applicant has: obtained a building permit; paid all applicable fees; commenced construction; and is diligently pursuing completion. A cessation of construction for a period of more than thirty (30) consecutive days shall be presumed to be nondiligent.

2.

The architectural review approval that has been granted, but not been exercised within one year, may be renewed for three one-year time extensions only if an application stating reasons for renewal is filed with the planning director at least ten (10) days prior to one year after the effective date of the architectural review approval. The original approving authority for the architectural review (planning director or planning commission) shall render a decision regarding an extension. In the event that the planning director or planning commission acts to grant a time extension for the architectural approval, the planning director or planning commission may impose any reasonable conditions on the architectural approval as a condition of its renewal. In the event that such additional conditions are not acceptable to the applicant and/or owner, the planning director or planning commission shall deny the time extension request.

(Prior code § 080.54; Ord. No. 1190, §§ 1, 3, 12-8-21; Ord. No. 1195, § 15, 7-27-22)