A conditional use permit may be authorized by the planning commission for any conditional use listed in this title. The procedures and requirements set forth in this chapter and in Chapter 18.76 shall govern the granting or denying of conditional use permits.

(Ord. 1967-80 § 1 (6935), 1967)

The uses listed as conditional uses are declared to be uses possessing characteristics of such unique and special qualities as to require special review to determine whether or not any such use should be permitted in a specific location which may be proposed.

(Ord. 1973-119 § 4 (part), 1973: Ord. 1967-80 § 1 (6935.1 (part)), 1967)

The purposes of the review are to:

A.

Determine whether the location proposed for the conditional use applied for is properly related to the development of the neighborhood or community as a whole;

B.

Determine whether or not the use proposed in the particular location would be reasonably compatible with the types of uses normally permitted in the surrounding area;

C.

Evaluate whether or not adequate facilities and services required for such use exist or can be provided;

D.

Determine whether the site is or can be made safe from hazards of storm water runoff, soil erosion, earth movement, earthquake, and other geologic hazards;

E.

Stipulate such conditions and requirements as would reasonably assure that the basic purposes of this title and the objectives of the general plan would be served.

(Ord. 1973-119 § 4 (part), 1973: Ord. 1967-80 § 1 (6935.1 (A)), 1967)

Factors to be considered are:

A.

The relationship of the location proposed to:

1.

The service or market area of the use or facility proposed,

2.

Transportation, utilities and other facilities required to serve it,

3.

Uses of other lands in the vicinity,

4.

The suitability of the soils, geology and hydrology for the proposed use;

B.

Probable effects on persons, land uses, and properties adjoining and the general vicinity, including:

1.

Probable inconvenience, economic loss, or hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people,

2.

Probable hazard from explosion, contamination or fire,

3.

Probable inconvenience, damage or nuisance from noise, smoke, odor, dust, vibration, radiation or similar causes;

C.

The compliance of the proposed use with service area or market area requirements established by this title and/or the town general plan.

(Ord. 1979-166 § 26 (part), 1979; Ord. 1973-119 § 4 (part), 1973: Ord. 1967-80 § 1 (6935.1 (B)), 1967)

A. The provisions for required front, rear and side yards and requirement for height and area applicable to the particular district in which any such use is proposed to be located shall prevail unless, in the findings and conditions recited in the resolution dealing with each such matter, specific additional requirements are made with respect thereto.

B.

Specific exceptions may be made in the case of a conditional use permit for the following reasons:

1.

A planned unit development, but only to the extent permitted by Chapter 18.44; or

2.

A wireless communication facility, when the findings set forth in Section 18.52.120 are made.

(Ord. 1997-295 § 5, 1997; Ord. 1967-80 § 1 (6935.2), 1967)

The requirements for provision of off-street parking and loading applicable to the particular use shall prevail, unless in the findings and conditions recited in the resolution dealing with each such matter specific additional requirements are made with respect thereto.

(Ord. 1967-80 § 1 (6935.3), 1967)

Application for a conditional use permit shall be filed with the secretary of the planning commission by the applicant. The applicant shall submit all required data in accordance with Section 18.34.010 and, where applicable, Section 18.64.040. Where an application includes land within the F-P zoning district, all information required by Chapter 18.32 shall be submitted. Where an application includes land with an historic resource as identified in the historic element of the general plan, all information required by Chapter 18.31 shall be submitted. In addition, applications for planned unit developments shall be accompanied by:

A.

Petition. A petition which shall set forth the following:

1.

Names, addresses and extent of interest owned in the parcel proposed for planned unit development;

2.

A legal description of the parcel and a statement of the area contained therein;

3.

A title report verifying the description and vestees;

4.

Title and other data identifying the site plan;

5.

The method whereby the landscaped areas adjacent to building sites and any landscaped open areas are to be established and maintained;

6.

A statement regarding areas proposed to be dedicated to public use and any easements to be established for access, public utilities or to preserve open space;

7.

A declaration that the parcel is to remain under the same ownership and control during development and whether it is to be divided into smaller units after development and the manner and method of the division;

8.

A copy of any proposed deed restrictions and covenants proposed to be recorded;

9.

A copy of any articles of incorporation and by-laws for any property owners association proposed or, should there be none, then a statement of the methods, procedures and/or form of organization to be established to assure continued conformity with the approved development plan and any conditions attached to the approval thereof.

B.

Site Plan. Site plan and other information as required by Section 18.64.040 but showing in addition the following:

1.

Landscaped and open areas, location, extent and a notation indicating whether they are intended for private use, for service to the entire planned unit development, or for general public use;

2.

Proposed streets and highways as shown on any precise plan or as official plan lines; existing and proposed streets, ways, sewers, storm drains, fire hydrants, gas, water, power and telephone, and other public utilities for the unit;

3.

If any future division is contemplated, the boundaries and area to the nearest two percent of each proposed parcel. Should a subdivision of the unit be proposed or undertaken, the regulations of the subdivision ordinance shall apply.

C.

General Development Schedule. The general development schedule shall indicate to the best of applicant's knowledge the approximate date on which construction of the project can be expected to begin, the anticipated rate of development and completion date. The development schedule, if approved by the council, shall become part of the development plan and shall be adhered to by the applicant and his successors in interest.

D.

Other Data. Such other data as may be required to permit the planning commission and the council to make their required findings.

(Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1978-164 § 6, 1978; Ord. 1967-80 § 1 (6935.4), 1967)

If after review of the application the town staff determines that an initial study and/or an environmental impact statement is/are required pursuant to the California Environmental Quality Act and the town's local guidelines, the applicant shall furnish such data as required by the town.

(Ord. 1988-229 § 2 (part), 1988)

Section 18.34.090 shall govern.

(Ord. 1967-80 § 1 (6935.5), 1967)

When the application for a conditional use permit is filed, a fee established pursuant to Sections 18.34.040 through 18.34.070 shall be paid.

(Ord. 1967-80 § 1 (6935.6), 1967)

If required under Chapter 18.64, after the receipt of a verified application complete with the site plan and architectural drawings or sketches, the secretary of the planning commission shall immediately refer the application and attachments to the architectural and site control commission for their written recommendations in accordance with Chapter 18.64.

(Ord. 1967-80 § 1 (6935.7), 1967)

Section 18.34.100 shall govern for the secretary of the planning commission.

(Ord. 1967-80 § 1 (6935.8), 1967)

Section 18.34.120 and Chapter 18.76 shall govern.

(Ord. 1967-80 § 1 (6935.9), 1967)

A. All actions of the planning commission related to the findings shall be taken in accordance with the requirements of Section 18.76.080. The planning commission may grant a conditional use permit if it finds that:

1.

The proposed use or facility is properly located in relation to the community as a whole and to land uses and transportation and services facilities in the vicinity.

2.

The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and such other features as may be required by this title or in the opinion of the commission be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area and will insure the privacy and rural outlook of neighboring residences.

3.

The site for the proposed use will be served by streets and highways of adequate width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

4.

The proposed use will not adversely affect the abutting property or the permitted use thereof.

5.

The site for the proposed use is demonstrated to be reasonably safe from or can be made reasonably safe from hazards of storm water runoff, soil erosion, earth movement, earthquake and other geologic hazards.

6.

The proposed use will be in harmony with the general purpose and intent of this title and the general plan.

7.

When this title or the town general plan specifies that a proposed use shall serve primarily the town and its spheres of influence, the approving authority must find that it is reasonable to conclude, based on the evidence before it, that the proposed use will meet a need in the town and that a majority of the clientele of the proposed use will come from the town and its spheres of influence within the near future, normally no more than two years. In general, in making such finding, the approving authority shall, in addition to other information, explicitly take into consideration all similar uses in the town and its spheres of influence.

8.

For wireless communications facilities, findings in addition to those set forth above shall be made as called for in Section 18.41.060.

B.

If the planning commission is unable to make the findings required above, the planning commission shall disapprove the granting of the conditional use permit. Action of the planning commission in approving or disapproving the granting of the conditional use permit shall be final, except that the matter may be appealed to the council in accordance with Sections 18.78.010 through 18.78.110 or the council may elect to review the action of the planning commission in accordance with the provisions of Section 18.78.120.

(Ord. 2011-393 § 4, 2011; Ord. 1998-313 § 2, 1998; Ord. 1997-295 § 6, 1997; Ord. 1980-177 § 3, 1980; Ord. 1979-166 § 26 (part), 1979; Ord. 1973-119 § 4, 1973: Ord. 1967-80 § 1 (6935.10), 1967; Ord. 2001-337 § 4 (part), 2001)

A. In granting any conditional use permit the planning commission may require that the use conform with the site plan, architectural drawings or statements submitted in support of the application or such modification thereof as it may deem necessary to protect the public health, safety and general welfare and secure the objectives of the general plan. The planning commission may also require such other conditions as it may deem necessary to achieve these purposes including but not limited to the following:

1.

Special yards, open spaces and buffers;

2.

Fences and walls;

3.

Surfacing of parking areas and specifications therefor;

4.

Street dedications and improvements, including provision of service roads, when practical and necessary, dedications of utilities easements, trail easements, sites for public use, and to preserve open spaces;

5.

Regulation of points of vehicular ingress and egress;

6.

Regulation of signs;

7.

Landscaping and the maintenance thereof;

8.

Maintenance of grounds;

9.

Control of noise, vibration, odors, and other potentially dangerous or objectionable elements;

10.

Limits on time for conduct of certain activities;

11.

Time period within which the proposed use shall be developed. See Section 18.72.210 or Section 18.72.220;

12.

And such other conditions as will make possible the development of the town in an orderly and efficient manner and in conformity with the interest and purposes set forth in this title and the general plan.

B.

The planning commission may require such guarantees as it deems necessary to insure that such conditions will be complied with.

(Ord. 1967-80 § 1 (6935.11), 1967)

Section 18.76.090 shall govern.

(Ord. 1967-80 § 1 (6935.12), 1967)

Section 18.76.100 shall govern.

(Ord. 1967-80 § 1 (6935.13), 1967)

The planning commission secretary shall submit the entire file on the case to the council at the request of the town clerk.

(Ord. 1967-80 § 1 (6935.14), 1967)

The action of the planning commission may be appealed to the council in accordance with Sections 18.78.010 through 18.78.110.

(Ord. 1967-80 § 1 (6935.15), 1967)

Section 18.78.040 shall govern.

(Ord. 1967-80 § 1 (6935.26), 1967)

The council may elect to review the approval by the planning commission pursuant to Section 18.78.120.

(Ord. 1989-245 § 3 (Exh. C) (part), 1989)

The conditional use permit shall become effective on the fifteenth day at the close of business hours following the date on which the permit is approved unless an appeal is filed.

(Ord. 2012-397 § 5, 2012; Ord. 1967-80 § 1 (6935.20), 1967)

Editor's note— Ord. 2012-397, § 5, adopted June 27, 2012, changed the title of § 18.72.200 from "Issuance of a conditional use permit—Effective date" to "Effective date."

The planning commission may establish a time limit within which the subject property and use shall be developed. The time limits set by the planning commission shall be reasonable, based upon the size and nature of the proposed development. The time limit may be extended by the planning commission for good cause when the applicant presents a proof of an unusual condition not of his own making.

(Ord. 1967-80 § 1 (6935.21), 1967)

If no time limit is established as provided under paragraph A (11) of Section 18.72.140 or Section 18.72.210, Section 18.34.140 shall govern.

(Ord. 1967-80 § 1 (6935.22), 1967)

Section 18.34.160 shall govern.

(Ord. 1967-80 § 1 (6935.23), 1967)

Section 18.34.180 shall govern.

(Ord. 1967-80 § 1 (6935.24), 1967)

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

(Ord. 1967-80 § 1 (6935.25), 1967)