§ 9107.09

A.

Purpose. The purpose of this Section is to provide two distinct procedures for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

B.

Special Consideration. Certain types of land uses may require special conditions in a particular zone or physical location within the City as a whole because they possess unique characteristics or present special problems that make automatic inclusion as allowed uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.

C.

Intent. The Conditional Use Permit and Minor Use Permit procedures are intended to provide sufficient flexibility in the use regulations in order to further the objectives of this Development Code and to provide the City with the opportunity to impose special conditions in order to mitigate potential impacts that could result from allowing the use(s) at the requested location.

Approval of a Conditional Use Permit or Minor Use Permit, as applicable, is required to authorize proposed land uses specified by Division 2 (Zones, Allowable Uses, and Development Standards) as being allowable in the applicable zone when subject to the approval of a Conditional Use Permit or Minor Use Permit.

A.

An application for a Conditional Use Permit or Minor Use Permit shall be filed and processed in compliance with Section 9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Conditional Use Permit and Minor Use Permit applications, together with the required fee in compliance with the Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 9107.09.050 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

B.

Applications filed in compliance with this Division shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and there shall be attached copies of all notices and actions pertaining to the application.

Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Section and this Development Code.

A.

Conditional Use Permits.

The Commission shall conduct a public hearing on an application for a Conditional Use Permit before making a decision on the application.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

3.

The Commission's decision is appealable to the Council in compliance with Section 9108.07 (Appeals).

B.

Minor Use Permits. Before a decision on a Minor Use Permit is made, the City shall provide mailed notice in compliance with Section 9108.13 (Public Notices and Hearings), and as follows:

1.

Notice Required.

a.

The mailed notice shall state that the Director will decide whether to approve, conditionally approve, or deny the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

b.

Any written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings specified in Section 9107.09.050 [Findings and Decision], below).

c.

If the Director determines that the evidence has merit and can be properly addressed by a condition(s) added to the Minor Use Permit approval, the Director may consider the permit without a hearing in compliance with Subparagraph 2. b., below.

2.

Hearing.

a.

If a public hearing is requested and the provisions of Subparagraph B. 1. c., above, do not apply, a hearing before the Director shall be scheduled, noticed, and conducted in compliance with Section 9108.13 (Public Notices and Hearings).

b.

If no public hearing is requested, the Director shall render a decision on or after the date specified in the notice referred to in Subparagraph B. 1. a., above.

3.

The Director's decision is appealable to the Commission and then the Council in compliance with Section 9108.07 (Appeals).

9107.09.050 - Findings and Decision.

A.

Review Authority's Action. The application for a Conditional Use Permit or Minor Use Permit may be approved, approved subject to subject to conditions, or denied by the Review Authority.

B.

Required Findings. The Review Authority may approve a Conditional Use Permit or Minor Use Permit only if it first makes all of the following findings:

1.

The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of this Development Code and the Municipal Code;

2.

The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;

3.

The site is physically suitable in terms of:

a.

Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements loading, and parking;

b.

Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access;

c.

Public protection services (e.g., fire protection, police protection, etc.); and

d.

The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).

4.

The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located.

C.

Notice of Decision. Within five days following final action by the Review Authority on an application for a Conditional Use Permit or Minor Use Permit, notice of the decision in the matter shall be mailed to the applicant at the address shown on the application and to all other persons who have filed a written request for notice with the Department.

(Ord. No. 2375, § 4(Exh. A), 4-6-21)

A.

Reasonable and Necessary. In approving a Conditional Use Permit or Minor Use Permit, the Review Authority may impose any conditions deemed reasonable and necessary to ensure that the approval will be in compliance with this Section, State law, and with the findings required by Subsection 9107.09.050 (Findings and Decision), above.

B.

Expansion of Uses. No expansion of uses or services as described in the original application shall be allowed unless a Conditional Use Permit or Minor Use Permit, as applicable, is first filed and approved for the proposed expansion, in compliance with this Section.

A Conditional Use Permit or Minor Use Permit approved in compliance with the provisions of this Section shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Section.

The procedures and requirements in Section 9108.11 (Permit Implementation, Time Limits, and Extensions), and those related to appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply following the decision on a Conditional Use Permit or Minor Use Permit application.

Section 9107.11 - Development Agreements

9107.11.010 - Purpose and Intent.

A.

Purpose and Intent. A development agreement is a contract between the City and a person with a legal or equitable interest in land subject to development, in compliance with Government Code Article 2.5 (Development Agreements) (Government Code Sections 65864 through 65869.5, inclusive). A development agreement is intended to provide assurance to the applicant that an approved project may generally proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided assurance that the project would promote important Citywide goals and policies that have been officially recognized by the Council, and provide the City with significant, tangible benefits beyond those that may be required by the City through project conditions of approval.

B.

Construing the Provisions. In construing the provisions of any development agreement entered into in compliance with this Section, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Section, Government Code Article 2.5, and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

1.

The provisions of Government Code Article 2.5;

2.

The provisions of this Section; and

3.

The plain terms of the development agreement itself.