The purpose of this chapter is to ensure the achievement of the goals and purposes of this title without creating undue hardships, and to protect the health, safety, and public welfare, through the following regulations and procedures established for Conditional Use Permits.

The City Council shall have the authority, subject to the provisions of this title, to grant a Conditional Use Permit whenever it finds the granting of a Conditional Use Permit is consistent with the requirements, intent, and purpose of this title. The purpose of a Conditional Use Permit is to allow proper integration of uses into the community which may only be suitable in specific locations or designed and constructed in a particular manner or under certain conditions. Conditional Use Permits are not automatically terminated upon transfer of the lot for which they have been granted, but are subject to expiration as set forth in Section 17.72.090, "Time requirements for use" and modification or revocation as set forth in Section 17.72.110, "Revocation or amendment," and Section 17.72.120, "Minor modification." If the granting or denial of a Conditional Use Permit is subject to CEQA, and the time periods for any notice, response, or action set forth in this chapter are inconsistent with the time periods required by CEQA, then the time periods shall be those necessary to comply with CEQA.

Application for a Conditional Use Permit shall be made by the property owner or authorized agent to the Department of Public Works, on a form provided for that purpose by the City, and shall be accompanied by a filing fee in an amount established by resolution of the City Council. The City may retain, at the applicant's expense, consultants to study the impacts of the proposed operation on the surrounding properties. Application for a Conditional Use Permit shall consist of a completed Conditional Use Permit Form and the following attachments:

Following presentation of a completed application to the Department of Public Works, the City Clerk shall set the matter for public hearing in not less than 10 days nor more than 60 days, and shall give notice of the time and place of the hearing and the information concerning the subject matter and purpose of the meeting in the manner described in Section 17.68.040 "Notice of public hearing."

If, from the facts presented at the public hearing or by an investigation at the instigation of the City Council, the City Council makes the findings required in Section 17.72.060, "Findings and decisions by resolution," and finds that such Conditional Use Permit or modification thereof should be granted, the City Council may grant the requested Conditional Use Permit in whole, or in part, and upon such terms and conditions as the City Council may deem proper to preserve the public health, safety, convenience, and general welfare, and the general intent and purpose of this title. The City Council shall make its findings and determinations upon said application within 30 days after the conclusion of any hearing held thereon, unless a waiver of this time requirement is provided by the applicant.

The City Council shall announce its findings and decision by written resolution. The resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council, make the granting or denial of the Conditional Use Permit necessary to carry out the provisions and general purpose of this chapter, and shall order that the Conditional Use Permit be granted or denied. The Conditional Use Permit shall not be granted unless all of the following findings have been made:

Not later than 10 business days following the rendering of a decision ordering that a Conditional Use Permit be granted or denied, a letter shall be mailed to the applicant at the address shown on the application filed with the City stating the decision of the City Council.

The order of the City Council in granting or denying a Conditional Use Permit shall become final and effective on the date of the adoption of the resolution.

Any Conditional Use Permit approved by the City Council shall expire and become null and void if:

The City Council shall impose conditions on the Conditional Use Permit to protect the public health, safety, and general welfare. Such conditions may, without limitation, include:

Whenever a practical difficulty occurs or unforeseen circumstances arise during the course of exercising a Conditional Use Permit issued in accordance with the provisions of this chapter, and which may necessitate a minor modification of such Conditional Use Permit, a minor modification may be issued for such modification in accordance with the following provisions:

If the Director denies a minor modification to a Conditional Use Permit or deems the request to be a substantial modification to a Conditional Use Permit, then the original Conditional Use Permit still applies and the applicant can apply for a substantial modification of a Conditional Use Permit. A substantial modification of a Conditional Use Permit shall follow all procedures associated with hearing, action, noticing, findings, and decision in compliance with this chapter as if it were a new application.

Uses existing on the effective date of the ordinance codified in this title that were legally permitted prior to the effective date of the ordinance codified in this title may continue as legal nonconforming uses subject to the terms of Section 17.64.010 "Legal nonconforming status."

Any Conditional Use Permit granted pursuant to any zoning ordinance enacted prior to the effective date of the ordinance codified in this title shall be construed to be a Conditional Use Permit under this title subject to all conditions imposed in such Conditional Use Permit, subject to the terms of Section 17.64.010 "Legal nonconforming status." Such Conditional Use Permit may, however, expire as provided in Section 17.72.090, "Time requirements for use," or be revoked or modified as provided in Section 17.72.110, "Revocation or amendment," and/or Section 17.72.120, "Minor modification."