Chapter 23.10
CONDITIONAL USES
Sections:
23.10.410 Permit applications—Generally.
23.10.420 Permit application—Contents.
23.10.430 Permit application—Filing deadline.
23.10.440 Permit application—Staff review.
23.10.510 Permit application—Planning commission action.
23.10.610 Permit application—City council action.
23.10.710 Permit application—Expiration when.
23.10.720 Permit application—Revocation.
23.10.730 Permit application—Effect on prior grant.
23.10.750 Permit application—Extension.
23.10.010 Purpose.
The purpose of the conditional use is to control those uses which may or may not be appropriate and compatible at a particular location depending upon the particular characteristics of the use and development proposed. (Ord. 413 § 6 (part), 1972)
23.10.110 Eligibility.
The land uses eligible for and requiring conditional use approvals are only those uses designated as conditional uses in the applicable area development plan or listed as conditional uses in the provisions of the applicable land use zone or which are found to be comparable to such conditional uses as provided for under Section 22.20.100. (Ord. 413 § 6 (part), 1972)
23.10.210 Criteria.
A conditional use shall not be approved unless it is determined that the criteria specified in the applicable area development plan or land use zone regulations and the following general criteria are met:
(1) The proposed use and development are each consistent with the general plan and the applicable land use zone or area development plan;
(2) The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and potential surrounding uses;
(3) The site for the proposed use has adequate access to utilities and other services required for the proposed use;
(4) The proposed use will be arranged, designed, constructed, operated and maintained so as to be compatible with the intended character of the area and shall not change the essential character of the area from that intended by the general plan and the applicable land use zone or area development plan;
(5) That any adverse effects upon surrounding property of the permitted use thereof are justified by a benefit conferred by the proposed use upon the neighborhood or community as a whole. (Ord. 413 § 6 (part), 1972)
23.10.310 Conditions.
In granting a conditional use approval, conditions shall be imposed which are necessary to carry out the purposes of this code and which are consistent with policies, principles, regulations, criteria and standards applied to other properties, uses and developments in similar circumstances. (Ord. 413 § 6 (part), 1972)
23.10.410 Permit applications—Generally.
An application for a conditional use permit, together with any required fees, shall be filed with the director of community development and the application shall be reviewed and processed by the director only when all the required information and material are submitted. (Ord. 770 § 1 (part), 1996; Ord. 524 § 5 (part), 1976)
23.10.420 Permit application—Contents.
An application for a conditional use permit shall contain the following information and material and such other matters as may be required by the director of community development:
(1) Base Map (scale one inch equals one hundred feet). Five copies of a base map indicating the location of the subject parcel whereon the use is to be established and all adjacent parcels within seven hundred feet of the exterior boundaries of the subject parcel as follows:
(A) Three unmarked copies;
(B) One copy showing the existing land uses of all parcels within seven hundred feet of the exterior boundaries of the subject parcel; and
(C) One copy showing each parcel within five hundred feet of the exterior boundaries of the subject parcel numbered to correspond to the information on a list of property owners to be submitted by the applicant as provided below;
(2) Mailing List. The applicant shall type onto labels furnished by the city, a list of names and addresses of all parcel owners and residents within five hundred feet of the exterior boundary of the subject parcel. Each label shall be numbered to correspond to the parcel as shown on the base map. The names and addresses of property owners shall be obtained from the latest assessment roll. The full name of property owners shall be shown as listed on the latest assessment roll. The address of nonproperty owning residents shall be obtained from the latest county street numbering map. The word “occupant” may be shown in place of the name of nonproperty owning residents. Whenever a new subdivision exists within five hundred feet for which names of parcel owners are not available on the latest assessment roll, the applicant shall provide a list of addresses of all completed dwelling units and shall show the word “occupant” in place of the resident or owner;
(3) Description of the Use. A complete description of the nature of the business, occupation or purpose for which the building, structure or property is to be used and what is to be done on or with the property in the way of additional improvements;
(4) Compatibility of Use. A statement or statements describing in detail the manner in which the proposed use is compatible with the surrounding properties and the criteria of approval as stated in Section 23.10.210 and the land use zoning regulations governing the subject property; and
(5) Related Matters. When major improvements are proposed to accommodate the use applied for, a precise plan shall be submitted pursuant to the provisions of Chapter 23.90 of this title. In such instance, the precise plan case file number shall be made a part of the conditional use permit application. (Ord. 770 § 1 (part), 1996; Ord. 524 § 5 (part), 1976)
23.10.430 Permit application—Filing deadline.
All applications for a conditional use permit shall be filed with the director of community development in sufficient time prior to any hearing or action thereon so as to permit adequate and proper review of the application. (Ord. 770 § 1 (part), 1996; Ord. 524 § 5 (part), 1976)
23.10.440 Permit application—Staff review.
The director of community development shall examine each conditional use permit application to ascertain that it conforms with applicable requirements of this chapter and the provisions of the zone in which the proposed use is to be located. (Ord. 770 § 1 (part), 1996; Ord. 524 § 5 (part), 1976)
23.10.510 Permit application—Planning commission action.
Subsequent to the submission of the recommendations of the director of community development, the planning commission shall conduct a public hearing on the conditional use permit application. Written notification thereof shall be given in accordance with the provisions of Section 20.93.200 to property owners and residents in the vicinity of the subject property. After conclusion of the public hearing, the planning commission may recommend that the city council approve, conditionally approve, or disapprove the conditional use permit application. If no action is taken by the planning commission within forty days after the close of public hearing, the proposed action shall be deemed to be disapproved. Except for the instance where no action is taken, the action of the planning commission shall be by resolution which contains findings consistent with the criteria applicable to the matter under consideration. A copy of the planning commission resolution shall be transmitted to the city council. (Ord. 770 § 1 (part), 1996; Ord. 524 § 5 (part), 1976)
23.10.610 Permit application—City council action.
Subsequent to the action of the planning commission, including disapproval by virtue of no action, the city council shall conduct a public hearing on the conditional use permit application. Written notification thereof shall be given in a accordance with the provisions of Section 20.93.200 to property owners and residents in the vicinity of the subject property. After conclusion of the public hearing, the city council may approve, disapprove or modify the action recommended by the planning commission or; in the case where no action is taken by the planning commission, the city council may approve, conditionally approve or disapprove the conditional use permit application, provided, that the approval or conditional approval of a conditional use permit shall be in compliance with the criteria of approval as stated in Section 23.10.210 and the appropriate sections of the applicable land use zoning regulations. The action of the city council shall be final and notification of said action shall be given in accordance with the provisions of Section 65863.5 of the Government Code of the state of California. (Ord. 524 § 5 (part), 1976)
23.10.710 Permit application—Expiration when.
An approved conditional use permit shall become null and void upon the occurrence of any of the following:
(1) The use for which the permit was granted has not been established within:
(A) The time specified in the permit approval, or
(B) Six months from the effective date of approval, if no time limit has been set by the conditional use approval;
(2) Upon the expiration of an approved precise plan for development, improvements or modifications necessary to implement the use for which the permit was granted;
(3) Upon the expiration of a time limit, if any, set for the existence of the use by the conditions of approval of the conditional use permit;
(4) In the event the use for which the permit was granted has ceased to exist or has been suspended or discontinued for a continuous period of one year or more; or
(5) Upon revocation of the conditional use permit as provided in this chapter. (Ord. 524 § 5 (part), 1976)
23.10.720 Permit application—Revocation.
The planning commission may by resolution make recommendation to the city council to revoke any conditional use permit for noncompliance with the criteria of approval or conditions set forth in granting the permit. Subsequent to such action or upon action initiated by the city council, the city council may by resolution revoke said conditional use permit. Written notice to the permit holder or his successor in interest in the permit shall be mailed by certified mail, return receipt requested at least thirty days prior to any action by the planning commission or city council stating the date, time and place when the matter will be heard. (Ord. 524 § 5 (part), 1976)
23.10.730 Permit application—Effect on prior grant.
Any conditional use permit granted prior to the effective date of this section shall be subject to all conditions imposed in such permit and the provisions of this chapter. Such permit may expire, be revoked or be extended, as provided in this chapter or as provided in the conditions under which it was originally approved. (Ord. 524 § 5 (part), 1976)
23.10.750 Permit application—Extension.
Prior to the expiration of a conditional use permit, the applicant or his successor in interest may request an extension of the approval. Such request for an extension shall be in writing and shall be directed to the authority before whom the original request was approved. The body may either approve, conditionally approve or disapprove the request based upon currently applicable criteria, standards, principles and regulations. (Ord. 524 § 5 (part), 1976)