(A)   Conditionally permitted uses. The following uses, and all matters directly related thereto, are hereby declared to be conditionally permitted use in all zones except the C-1, C-3, and M-1 zones. With respect to the C-1, C-3, and M-1 zones, §§ 153.151 and 153.162 shall govern conditionally permitted uses in these zones.

      (1)   Churches;

      (2)   Mortuaries;

      (3)   Heliports;

      (4)   Establishments or enterprises involving large assemblages of people or automobiles, including open-air theaters;

      (5)   Educational uses and their necessary facilities;

      (6)   Civic and social clubs, libraries, museums, and other similar or semipublic institutions, including hospitals, but not including mental or communicable disease or veterinary hospitals;

      (7)   Licensed family care homes, foster homes, or group homes serving mentally disordered or otherwise handicapped persons or dependent and neglected children where authorized pursuant to Cal. Welf. & Inst. Code § 5116; and

      (8)   Game arcades;

   (B)   General zone uses. Conditional uses may be permitted by the Council in zones from which they are prohibited by the provisions of this chapter where such uses are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the comprehensive General Plan of land use.

   (C)   R-1 Zone dwellings. Notwithstanding any other provision of this chapter, where a lot in the R-1 Zone has an area of 13,000 square feet or more with adequate provisions for ingress and egress, a conditional use permit may be granted by the Commission for the construction of additional one-family dwellings and allowable accessory buildings; provided, however, the minimum site area shall be 6,500 square feet of lot area for each one-family dwelling.

('65 Code, § 9-3.1701) (Ord. 556, passed - - ; Am. Ord. 236-C.S., passed - - ; Am. Ord. 265-C.S., passed - - ; Am. Ord. 297-C.S., passed - - ; Am. Ord. 455-C.S., passed 11-21-95; Am. Ord. 709, passed 7-2-24) Penalty, see § 153.999

   (A)   Applications required. No conditional use shall be permitted without the issuance of a conditional use permit following the submission of an application therefor in accordance with this subchapter.

   (B)   Form. Applications for conditional use permits shall be made in writing to the Community Development Director in such form as is approved by the Department. The city shall develop a Development Application Checklist which shall specify all information required to be provided by the applicant in order for such application to be considered complete.

   (C)   City files. Conditional use permit applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city, and copies of all notices and actions pertaining to the application shall be attached thereto.

   (D)   Fees. A fee shall be paid to the city upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution.

('65 Code, § 9-3.1702) (Ord. 556, passed - - ; Am. Ord. 250-C.S., passed - - ; Am. Ord. 265-C.S., passed - - ; Am. Ord. 307-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   In addition to the other requirements pertaining to conditional use permits, the following provisions shall apply to applications for a massage establishment:

   (A)   The application shall include a detailed floor plan drawn to scale showing: entrances; exits; windows; interior doors; restrooms; all other separately enclosed rooms with dimensions, including but not limited to closets, storerooms, break rooms, and changing rooms; and location of massage tables and chairs. The floor plan shall be in feet and inches and be labeled in English.

   (B)   Unless a massage establishment has a valid conditional use permit prior to April 18, 2017, no massage establishment shall be located:

      (1)   Within 1,000 feet of another massage establishment; or

      (2)   Within 150 feet of the following zones: Single-Family Residence Zones (R-1), Limited Two-Family Residence Zones (R-1A); Low Density Multiple-Family Residence Zones (R-2), Multiple-Family Residence Zones (R-3), Residential Neighborhood Conservation Zones (RN/C), Villa Residential (R-1V), Grapevine Residential (R-2G), and Arroyo Residential (R-3A).

      (3)   The distance requirements set forth in divisions (B)(1) and (2) above shall not apply to a massage establishment located within a hotel or to any massage business that is subject to a complete or partial exception pursuant to § 122.03 of this code.

   (C)   An application for a conditional use permit shall not be deemed complete until the owners and any identified manager(s) have obtained an operator permit.

(Ord. 619-C.S., passed 4-21-15; Am. Ord. 631-C.S., passed 4-18-17; Am. Ord. 632-C.S., passed 5-2-17)

   (A)   Following the receipt in proper form of any such application, the Secretary of the Commission shall fix the time and place for the public hearing thereon. The Secretary shall provide public notice of the public gearing in the manner required by Cal Gov't Code § 65091.

   (B)   The failure on the part of any person, or any addressee of any such postal notices, to give due and careful consideration to any such notice as provided for in this section shall in no way affect the validity of such proceedings provided such publication and mailing shall have been done in good faith.

('65 Code, § 9-3.1704) (Ord. 556, passed - - ; Am. Ord. 615, passed - - )

   The Commission shall cause to be made by its own members, or a member of its staff, such investigations of the facts bearing on such application as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent and purposes of this chapter.

('65 Code, § 9-3.1705) (Ord. 556, passed - - )

   The public hearings provided for in this subchapter shall be held before the Commission at any time or place for which public notice has been given as required by Cal. Gov't Code §§ 65905 and 65091. The Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued provided the Commissioner presiding at such hearing, prior to the adjournment or recess thereof, announces the time and place to which such hearing will be continued.

('65 Code, § 9-3.1706) (Ord. 556, passed - - )

   (A)   Within 30 days after the conclusion of the public hearing provided for in this subchapter, the Commission shall render its decision for the granting, either with or without conditions, or the denial of the application by resolution, which shall recite the findings of fact upon which the decision was based.

   (B)   The Commission may approve an application for a conditional use permit either with or without conditions, if it finds all of the following:

      (1)   That the proposed use is consistent with the General Plan;

      (2)   That the site is adequate in size, shape, topography, and location to accommodate the proposed use;

      (3)   That there will be adequate street access to and from the site for the proposed use, and the proposed use will not create hazardous traffic conditions;

      (4)   That the proposed use is compatible with surrounding properties and uses; and

      (5)   That the proposed use is not detrimental to the public health, safety, or general welfare.

('65 Code, § 9-3.1707) (Ord. 556, passed - - ; Am. Ord. 265-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)

   Decisions of the Planning Commission may be appealed to the City Council as specified in § 153.004 of this code. The City Council shall use the same criteria as set forth in § 153.246 in rendering its decision.

(Ord. 526-C.S., passed 7-16-02)

   Conditional use permits, which may be assigned, shall become null and void and of no effect if the applicant does not proceed with the actual construction work in accordance with the approved plans within six months after the date the permit is granted, unless an extension therefor has been granted by the Commission, or by the Council if the permit was granted by the Council after denial by the Commission, upon the written petition of the applicant for such extension filed before the expiration of such six months period. A fee shall be paid to the city upon the filing of each petition for an extension in an amount established by the City Council, from time to time, by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter.

('65 Code, § 9-3.1709) (Ord. 556, passed - - ; Am. Ord. 681, passed - - ; Am. Ord. 730, passed - - ; Am. Ord. 307-C.S., passed - - )