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 Minor Conditional Use Permits.

The Director shall have the authority, subject to the provisions of the title, to grant a Minor Conditional Use Permit whenever the Director finds the granting of a Minor Conditional Use Permit is consistent with the requirements, intent, and purpose of this title. The purpose of a Minor 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, but are of a scale that would be less impactful than those that may be permitted with a Conditional Use Permit. Minor 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 17.76.100, "Time requirements for use," and modification or revocation as set forth in Sections 17.76.130, "Modification," and 17.76.140, "Revocation or amendment." If the granting or denial of a Minor Conditional Use Permit is subject to CEQA, the time periods for any notice, response, or action shall comply with the time frames established by CEQA, notwithstanding any time periods set forth in this chapter.

Application for a Minor 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 Minor Conditional Use Permit shall consist of a completed Minor Conditional Use Permit Form and the following attachments:

Following presentation of a completed application to the Department of Public Works, the City Clerk shall give notice that a Minor Conditional Use Permit is to be considered. Such notice shall be mailed to all property owners within a 300-foot radius of the property where the Minor Conditional Use Permit is proposed. The notification shall provide a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the lot that is the subject of the decision, and shall provide a comment period of not less than 14 calendar days.

If, from the facts presented via public comments and by an investigation at the instigation of the Director, the Director makes the findings required in Section 17.76.070, "Finding and decisions," and finds that such Minor Conditional Use Permit or modification thereof should be granted, the Director may grant the requested Minor Conditional Use Permit in whole, or in part, and upon such terms and conditions as the Director may deem proper to preserve the public health, safety, convenience, and general welfare, and the general intent and purpose of this title. The Director shall make his or her findings and determinations upon said application within 30 days after the application for the Minor Conditional Use Permit is deemed complete and CEQA review has been completed, unless a waiver of this time requirement is provided by the applicant.

The Director may elect to refer the application, with or without a recommendation, to the City Council for decision. Upon referral to City Council, all procedures associated with hearing, action, noticing, findings, and decision shall comply with Chapter 17.72, "Conditional Use Permit."

Upon consideration of any comments received, the Director (or the Council on a referral) may approve, conditionally approve, or deny the proposed Minor Conditional Use Permit. The Minor 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 Minor 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 Director.

The order of the Director in granting or denying a Minor Conditional Use Permit shall become final.

Any Minor Conditional Use Permit approved by the Director shall expire and become null and void if:

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

Following the City Clerk's receipt of a written appeal contesting any action or decision of the Director that has been submitted to the City Clerk within 30 days after the date such action or decision was taken by the Director, the City Clerk shall set the appeal for a public hearing. The public hearing shall be held not less than 10 days nor more than 60 days from the City Clerk's receipt of the appeal. The City Clerk shall give notice of the time and place of the hearing and the purpose thereof in the manner described in Section 17.68.040, "Notice of public hearing." The appellant may appear in person before the City Council or be represented by an attorney, and may introduce evidence to support the claim. The appellant shall cause to be made at his or her own expense any investigation or research required by the City to substantiate the appellant's claim.

The Director shall have the authority to, upon a filed request of the grantee of the Minor Conditional Use Permit, consider modifications to an approved Minor Conditional Use Permit. The Director shall approve, deny, or approve with additional conditions an application for modification of a Minor Conditional Use Permit based on the following written findings: