§ 17.50

Use permits, which may be revocable, conditional or valid for a term or period, may be issued by the planning commission for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Guarantees to insure compliance with the terms and conditions of such permits may be required by the commission.

(Ord. 515 § 1 Exh. A (part), 1987)

17.50.020 - Application.

A.

All applications for a use permit shall be filed with the planning department and shall be in the form and contain the information prescribed by the planning director. The application shall be accompanied by a site plan, architectural drawings, photographs or other information, and with as many copies thereof as may be requested by the planning director showing the location and design of any building, structure or use to be established on the property which is to be subject of the application, and by filing a fee in the amount established by resolution of the city council, no part of which shall be refundable.

B.

An application for a use permit shall not be accepted within six months from the date of denial by the planning commission or city council of the same use permit application.

(Ord. 515 § 1 Exh. A (part), 1987)

In order to expedite permit processing for certain routine and simple use permits, the city distinguishes between administrative use permits and conditional use permits.

A.

Administrative use permits are approved by the planning director and are for those uses which have lesser impacts and need less intensive review, such as overheight fences, special retail permits, garage conversions, or those uses which already conform to the city's general plan and zoning ordinance, and are categorically exempt from the provisions of the California Environmental Quality Act.

B.

After the review of the application and determination that it is complete and appropriate for an administrative use permit, the planning director shall make a determination to either approve, conditionally approve, or deny the administrative use permit. If the planning director determines to approve or conditionally approve an administrative use permit, notice of intent to approve administrative use permit shall be mailed to the applicant and those owners whose names and addresses appear on the county tax rolls adopted the previous January 1st as owning property within a distance of not less than three hundred feet from the exterior boundaries of the parcel which is the subject of the hearing. Those owners shall have

five days to comment and/or protest, in writing the approval of the permit. The planning director's decision shall be final unless appealed. The decision shall state the conditions of approval, if any, or the reasons for denial.

C.

The planning director may refer an administrative use permit to the planning commission, pursuant to the requirements in subsection A of this section, when the planning director determines the application involves a major policy issue or public controversy that would be resolved more suitably by the planning commission.

(Ord. 744 § 1 (part), 2006)

In any case, where an interested party is not satisfied with the action of the planning director, they may, within five days of such action by the planning director, appeal in writing, to the planning commission. Upon receipt of such notice of appeal, the secretary of the planning commission shall set a date for a public hearing and shall provide notice of such hearing in accordance with Section 17.50.030. Approvals will be effective on a Monday with the appeal period closing at five p.m. on the following Friday. In the case of a holiday falling within the appeal period the appeal period will close at five p.m. on the next working day. The planning commission shall render its decision within sixty days after the filing of such appeal.

(Ord. 744 § 1 (part), 2006)

After review of the application and determination that it is completed by the planning director and/or requires a conditional use permit, the planning director, on behalf of the planning commission, sets the

application for a public hearing before the commission, notice of which shall be given at least ten days prior to such hearing by publication in a local newspaper of general circulation in the city, and at least ten days prior to such hearing shall be sent through the United States mails to all persons whose names and addresses appear on the county tax rolls adopted the previous January 1st as owning property within a distance of not less than three hundred feet from the exterior boundaries of the parcel which is the subject of the hearing.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

A.

In order to grant any use permit, the findings of the planning commission shall be as follows:

1.

The proposed 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 such proposed use; and

2.

The proposed use will not be detrimental or injurious to property and improvements in the neighborhood of the proposed use; and

3.

The proposed use will not be detrimental or injurious to the general welfare of the city; and

4.

The proposed use is consistent with the general plan and any specific plans adopted for the applicable area and in conformity with the most restrictive designations, policies and provisions of such plans should such plans, or maps contained therein, differ in any respect from one another.

B.

The planning commission may designate such conditions in connection with approval of the use permit as it deems necessary to secure the purposes of this title and may require such guarantee or evidences that such conditions are being or will be complied with.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

In any case, where an interested party is not satisfied with the action of the planning commission, they may, within ten days of such action by the commission, appeal in writing to the city council. Upon receipt of such notice of appeal, the city clerk shall set a date for a public hearing and shall provide notice of such

hearing in accordance with Section 17.50.030. The city council shall render its decision within sixty days after the filing of such appeal.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

No building permit shall be issued in any case where a use permit is required by the terms of this title until ten days after granting of such use permit by the planning director or planning commission, or after the granting of such use permit by the planning commission or city council in the event of appeal, and then only in accordance with the terms and conditions of the use permit granted.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

Any use permit or variance granted by the planning commission or city council becomes null and void if not exercised within the time specified in such permit approval or variance; or, if no date is specified, if not exercised within one year from the date of approval; provided, however, that an extension of up to twelve additional months may be granted by the planning commission upon receipt of an application for extension which is received prior to the expiration date.

(Ord. 515 § 1 Exh. A (part), 1987)

The planning commission may, after a public hearing held in the manner prescribed in Sections 17.50.025 and 17.50.030, revoke or modify any use permit on any one or more of the following grounds:

A.

That the approval was obtained by fraud;

B.

That the use for which such approval is granted is not being exercised;

C.

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;

D.

That the permit or variance granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

E.

That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so exercised as to constitute a nuisance.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

17.50.090 - Uses permitted in any zone with a conditional use permit.

The uses listed in Section 17.02.145 may be permitted in any zoning district of the city upon issuance of a conditional use permit in the manner described in Chapter 17.50.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.54 - ZONING AMENDMENTS

17.54.010 - Amendments—Generally.

Chapter 17.02 through 17.62 may be amended by changing the boundaries of districts or by changing any other provision thereof when the public necessity and convenience and the general welfare require such amendment.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.020 - Amendments—Zoning procedures.

Any change in the boundaries of districts of the city may only be effected by amendments to Chapters 17.02 through 17.58. In each case, whether a change of a "unclassified district" or a rezoning of an established district, the planning commission shall hold at least one public hearing.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.030 - Amendments—Initiation of proposed amendment.

An amendment may be initiated by:

A.

The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee in the amount fixed by resolution of the city council as per schedule on file with the planning commission, no part of which shall be returnable to the petitioner; or by

B.

Resolution of intention of the city council; or by

C.

Resolution of intention by the planning commission.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.040 - Amendments—Public hearings.

A.

The planning commission shall hold public hearings as required by law on any proposed amendments, and shall give notice thereof by at least one publication in a newspaper of general circulation within the city at least ten days prior to such hearings.

B.

In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from one district to any other district, the planning commission shall give notice of the hearing by mail to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed zoning change. In addition, the planning commission may given notice of the time and place of such hearings and of the purpose by posting public notice thereof not less than ten days prior to the date of such hearings along the street and roads upon which the property proposed to be classified abuts and in the vicinity thereof. Any failure to post public notices as aforesaid shall not invalidate any proceedings for amendment of Chapter 17.02 through 17.62.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.050 - Amendments—Action by planning commission.

Following the aforesaid hearings, the planning commission shall submit a report of its findings and a summary of hearings, together with its recommendations with respect to the proposed amendment to the city council.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.060 - Amendments—Action by city council.

Upon receipt of such reports from the planning commission, the city council shall set the matter for public hearing and shall give notice thereof by one publication in a newspaper of general circulation with the city at least ten days prior to such hearing. Within ninety days from the date of receipt of the planning commission's report, the city council may adopt the proposed amendment or any part thereof. Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon written application of a majority of all the persons who signed such petition. The city council may by resolution abandon any proceedings for an amendment initiated by its own action; provided, that such abandonment may be made only when such proceedings are before such body and provided that any hearing of which public notice has been given shall be held.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.070 - Limitations on renewal or refiling of application.

Where any application made pursuant to this title has been denied, no new application for the same purpose shall be filed within one year of the date of the previous denial unless the planning commission, for good cause, shall grant permission to do so, or the city council or planning commission shall initiate such application.

(Ord. 515 § 1 Exh. A (part), 1987).

Chapter 17.56 - NONCONFORMING USES