The purpose of a conditional use permit is to allow for the review of a specific use or uses to ensure that the use is compatible with surrounding land uses and to allow, if necessary, the imposition of conditions to ensure the use or uses comply with intent of the ordinance codified in this chapter.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

A conditional use permit may be initiated by any of the following:

(a)

The owner or owners of record of a lot or lots for which a conditional use permit is sought; or

(b)

The Town Council, when such conditional use permit is required for activities taken on behalf of the Town. The initiation of a Conditional use permit by the Town Council may be either upon the Council's initiation, or by recommendation of the Planning Director or the Planning Commission.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

An application for a conditional use permit shall include, at a minimum, the following:

(a)

A completed application form of a content specified by the Planning Director;

(b)

A completed environmental information work sheet of a content and form specified by the Planning Director; and

(c)

Payment of fees for the review and processing of a conditional use permit, in a fashion and manner as may be prescribed by the Town Council.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

A conditional use permit may be acted upon either by (1) the Planning Director; or (2) after the Planning Commission conducts one (1) or more public hearings on the conditional use permit.

The following identifies which conditional use permit applications may be acted upon by the Planning Director and which use permit applications shall be acted upon by the Planning Commission:

(a)

Planning Director.

(1)

Accessory use, when such a use is very low in scale, will not cause a significant increase in intensity of use of the property, and will not alter the primary use of the facility.

(2)

Outdoor storage and display of merchandise, plants, and street furniture based upon one (1) of the following:

(a)

Within the "C" Districts, the outdoor display and sale of merchandise for a limited time period; and

(b)

Within all Districts, the outdoor placement of plants and street furniture on public or private property in limited quantity which, in the opinion of the Planning District will not hinder the free use of the public sidewalk. Such plants and street furniture shall not bear signs, price tags, or other indications that the plants or street furniture is for sale or rent.

(3)

Temporary uses.

(a)

Temporary uses. Any use may be authorized on a temporary basis in any commercial zoning district for up to and no more than one (1) year provided the use conforms with the Town's Building and Fire Codes. The Planning Director may allow a single extension of the original time limits and not to exceed the length of the time originally allowed.

The Planning Director may refer any of the above to the Planning Commission if, in the opinion of the Planning Director, review by the commission is desirable.

(b)

Planning Commission.

All other conditional use permit applications not identified in subsection (a) of this section.

Should a property require more than one (1) planning application and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

Approval of a conditional use permit, which may include the imposition of conditions, shall be made only after the making of the following findings:

(a)

The establishment, maintenance, or operation of the use 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 the proposed use or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the Town.

In addition to the foregoing finding, special findings shall be made for certain districts or uses, as follows:

(b)

Gasoline Stations—All Districts:

(1)

Full Serve and Self-Service Gasoline Stations—ALL DISTRICTS: All operations including storage, excepting service with gasoline, oil, air, and water shall be conducted within a closed building.

(2)

Self-Service Gasoline Stations—ALL DISTRICTS: The granting of the conditional use permit will not adversely affect the public health, safety, or welfare by either diminishing the availability of minor emergency health and safety services, including rest rooms and minor automobile repair.

(c)

Limited Commercial (C-L) District—All Uses Requiring a Conditional use Permit: The granting of the conditional use permit will not allow a use which generates traffic at a rate greater than:

(1)

Fifty (50) vehicle trip ends for each one thousand (1,000) gross square feet of gross leasable building area; or

(2)

The existing number of trips during the a.m. and p.m. peak hours generated by the existing use as of July 22, 1997 (the determination for vacant buildings will be the most recent use between February 26, 1991 and July 22, 1997) on Sir Francis Drake Boulevard. Those numbers of traffic trips typically generated for existing and proposed uses shall be obtained from the current edition of Trip Generation, Institute of Transportation Engineers.

(d)

The granting or denying of a conditional use permit for the on-sale and off-sale of beer and wine in conjunction with the sale of motor fuel shall be subject to the following:

(1)

The findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision; and

(2)

In addition to the standards listed in the state Business and Professions Code Licensing Restrictions, the Town has the authority to further condition the conditional use permit.

(e)

Conversion of a residential use to another use for buildings constructed on or before May 22, 1997: The granting of a conditional use permit will not allow a use that diminishes the existing affordable housing stock, including multifamily units and mixed use units (e.g., residential units above commercial uses), unless there is a clear public benefit or equivalent housing can be provided.

(f)

Animal Boarding: All exterior walls shall be soundproofed to eliminate potential animal noise to the exterior of the building.

(g)

Light Manufacturing: The use shall not cause odors, noise, and other factors which make the environment less desirable.

(h)

All Commercial Uses: The size and operating characteristics of the proposed development would provide a balanced mix of uses that would be compatible with the existing and future land uses in the vicinity.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 974, eff. March 15, 1996, § 2, Ord. 982, eff. May 22, 1997, § 2, Ord. 986, eff. August 21, 1997, § 2, Ord. 998, eff. August 13, 1998, Ord. 1021, eff. August 23, 2001, Ord. 1027, eff. July 24, 2002, and § 4, Ord. 1033, eff. June 24, 2003)

(Ord. No. 1069, 3-24-2009; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1179, § 4(Exh. A), 8-22-2023)