Major use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning commission for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Guarantees to insure compliance with terms and conditions may be required by the commission.

(a)

Major Use Permit Application and Fee.

1.

Application for a major use permit shall be made to the city planning department in writing on a form prescribed by the city and shall be accompanied by plans and elevations necessary to show details of the proposed use or building. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council and of which no part shall be returnable to the applicant.

2.

The planning commission shall hold a public hearing within sixty days after filing of an application for a major use permit. Notice of use shall be given by one publication in a newspaper of general circulation published in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the use permit has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case to be given at least ten days prior to such hearing for categorically exempt applications under CEQA, and twenty-one days for applications under CEQA for negative declarations and/or environmental impact reports prior to such hearing.

(b)

Action by the Planning Commission.

1.

The findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or to be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

2.

After making findings the planning commission shall either approve, with or without conditions, or deny said major use permit.

(c)

Revocation.

1.

In any case where the conditions of the granting of a major use permit have not been, or are not, complied with, the planning commission shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the planning commission may revoke such permit.

2.

In any case where a major use permit has not been used within one year after the date of granting thereof, then without further action by the planning commission the use permit granted shall be null and void.

(d)

Appeal.

Appeal from any finding or action of the planning commission may be made in, writing to the city council within ten days from the date of the commission's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

(e)

Whenever a major use permit is granted, the county assessor shall be so notified within thirty days of such action.

Minor use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning director for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Guarantees to insure compliance with terms and conditions may bee required by the director.

(a)

Minor Use Permit Application and Fee.

1.

Application for a minor use permit shall be made to the city planning department in writing on a form prescribed by the city and shall be accompanied by plans and elevations necessary to show details of the proposed use or building. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

2.

The planning director shall hold an administrative hearing within sixty days after filing of an application for a minor use permit, notice of which shall be given by one publication in a newspaper of general circulation published in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the minor use permit has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case to be given at least ten days prior to such hearing for categorically exempt applications under CEQA, and twenty-one days for application for negative declaration and/or environmental impact reports prior to such hearing.

(b)

Action by the Planning Director.

1.

The findings of the planning director shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or to be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(c)

Revocation.

1.

In any case where the conditions of the granting of a minor use permit have not been, or are not, complied with, the planning director shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the planning director may revoke such permit.

2.

In any case where a minor use permit has not been used within one year after the date of granting thereof, then without further action by the planning director said permit granted shall be null and void.

(d)

Appeal.

Appeal from any finding of action of the planning director may be made in writing to the city planning commission within ten days from the date of the director's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

Appeal from any finding or action of the planning commission may be made in writing to the city council within ten days from the date of the commission's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

(e)

Whenever a minor use permit is granted, the county assessor shall be so notified within thirty days of such action.

Commercial cannabis business special use permits, which may be revocable, conditional, or valid for a term period, may be issued by the city council for any of the uses or purposes for which such permits are required or permitted by the City of Colusa Municipal Code. Guarantees to ensure compliance with terms and conditions may be required by the city council. For the purposes of this section, all references to cannabis permits in the subsections of this section 33.03 shall apply equally to cannabis dispensary special use permit applications, fees, issuance, and permits.

(a)

Cannabis business Special Use Permit Application and Fee.

1.

Application for a cannabis business special use permit shall be made to the city planning department in writing on a form prescribed by the city and shall be accompanied by plans and elevations necessary to show details of the proposed use or building. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council and of which no part shall be returnable to the applicant. The application shall be presented directly to the city council for action.

2.

The city council shall hold a public hearing within sixty days after filing of an application for a cannabis business special use permit. Notice of use shall be given by one publication in a newspaper of general circulation published in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the cannabis business special use permit has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case to be given at least ten days prior to such hearing for categorically exempt applications under CEQA, and twenty-one days for applications under CEQA for negative declarations and/or environmental impact reports prior to such hearing.

(b)

Action by the city council.

1.

The findings of the city council shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or to be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

2.

After making findings the city council shall either approve, with or without conditions, or deny said cannabis special use permit.

(c)

Revocation.

1.

In any case where the conditions of the granting of a cannabis business special use permit have not been, or are not, complied with, the city council shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the city council may revoke such permit.

2.

In any case where a cannabis business special use permit has not been used within one year after the date of granting thereof, then without further action by the city council the use permit granted shall be null and void.

(d)

Decision of the city council Final. The decision of the city council shall be a final decision and appeal from said action shall be by writ of mandate in superior court.

(e)

Whenever a cannabis special use permit is granted, the county assessor shall be so notified within thirty days of such action.

(f)

The cannabis business special use permit shall be issued to the operator, be conditional upon issuance and holding of a valid cannabis regulatory permit, and shall not run with the land.

(g)

No cannabis business special use permit shall be issued until the city council approves a development agreement and a regulatory permit for the site, or until after the effective date of an approved ballot measure authorizing the taxation of commercial cannabis cultivation in the city.

(h)

The cannabis business special use permit shall run with the regulatory permit and not the land.

(Ord. No. 559, § 2, 11-21-2023)

Editor's note— Ord. No. 559, § 2, adopted November 21, 2023, repealed the former § 33.03, and enacted a section as set out herein. The former Art. X pertained to similar subject matter and derived from Ord. No. 519, § 6, 7-18-2017; Ord. No. 551, § 6(Exh. B), adopted May 17, 2022.