§ 30-26. CONDITIONAL USE PERMITS.

[Added by Ord. #1557, § 9170.1]

The purpose of this conditional use permit provisions of this Chapter is to create a flexible mechanism to control those types of land use which require special consideration and which possess characteristics of such unique and special form as to make it impractical to permit them automatically in the various zones defined in this Chapter.

[Added by Ord. #1557, § 9170.2; Ord. #1808, § 1; Ord. #1840, § 1; Ord. #2101, § 17]

The Commission, before granting a conditional use permit, shall find:

• a. That the proposed use shall be in compliance with this Chapter;

• b. That the proposed use will not be detrimental to the public welfare or the surrounding area; and

• c. That the proposed use is substantially in conformance with the General Plan and compatible with the existing patterns of land use and development in the surrounding area.

[Added by Ord. #1557, § 9170.3; Ord. #1635, § 1; Ord. #1733; Ord. #1746, § 1; Ord. #2101, § 17; amended 12-28-2021 by Ord. No. 2342]

The following uses may be permitted in any zone provided a conditional use permit has been granted subject to the provisions of this Chapter:

• a. The uses set forth in the zones requiring conditional use permits shall be restricted to the zones specified;

• b. Airports and heliports;

• c. Athletic fields (privately owned);

• d. Cemeteries, columbarium's, crematories, mausoleums and pet cemeteries;

• e. Churches, synagogues, temples, convents, monasteries, seminaries and other religious or eleemosynary organizations;

• f. Colleges and universities;

• g. Golf courses;

• h. Halfway houses;

• i. Hospitals, nursing facilities, mental convalescent homes and mental institutions;

• j. Equestrian facilities;

• k. Theaters, auditoriums, stadiums, arenas and similar uses involving large assemblages of people or vehicles; and

• l. Any use or building which the Commission finds, as evidence by resolution in writing, is similar to any other uses or buildings set forth in this subsection.

[Added by Ord. #1557, § 9170.4; Ord. #1635, § 1; Ord. #1762, § 1; Ord. #2101, § 17]

• a. The Commission, as part of the resolution granting a conditional use permit, may impose such conditions and limitations that it deems necessary to protect the public welfare and assure compliance with the intent and purpose of this Chapter and the plans and policies of the City.

• b. The dedications of necessary rights-of-way for public streets adjacent to property on which a conditional use is proposed shall be made a condition of the granting of a conditional use permit.

• c. No conditional use permit may allow any deviation from the provisions of this Chapter unless a variance has been obtained pursuant to Section 30-27 .

• d. Unless otherwise specified in the granting of the conditional use permit or unless extended by the Commission, a building permit or certificate of occupancy shall be obtained, and construction, if any, or actual use shall begin within one year after the granting of the conditional use permit, or, where no such permit or certificate of occupancy is required, the use granted by the conditional use permit shall be put into effect on the property within such period.

• e. Any modification of an approved conditional use permit shall require the filing of a new application which shall be processed as required by subsection 30-26.5 , unless waived by the

Planning Director.

• f. The Commission, as a condition of approval, may require that a surety bond be obtained in order to ensure that the construction and the development of the property shall take place as approved by the Commission within a prescribed period of time.

• g. (Reserved)

• h. Conditional Use Permit Standards for New Service Stations.

  1. All new stations shall have and maintain a restroom consisting of a toilet and sink, and properly stocked with toilet paper and paper towels whether or not a conditional use permit is required. This requirement shall apply to any type of service station including self-service stations. Said restroom shall be available during all hours of operation of the service station and maintained in a clean and sanitary condition. The restroom shall be equipped to be accessible to the handicapped.

[Added by Ord. #1557, § 9170.5; Ord. #1718, § 1; Ord. #1723, § 1; Ord. #1733, § 1; Ord. #1815, § 2; Ord. #2101, § 17; Ord. #2295 § 18]

The following procedure shall be followed for conditional use permits:

• a. Initiation. A conditional use permit may be initiated by a resolution of the Council, a motion of the Commission, or upon a verified application of the owner of the land in question, or of the purchaser thereof under a contract in writing duly executed and acknowledged by both the buyer and seller, or of the lessee in possession of the property with the written consent of the recorded owner, or the agent of any such persons duly authorized in writing.

• b. Applications; Form. The application shall be on an approved form and shall show the exact legal description of the property being requested for a conditional use permit, the street address or exterior boundaries by streets, alleys or property lines, the proposed use, and such other information as the Commission deems necessary.

• c. Filing Fees. At the time of submission, the applicant shall pay a filing fee. The amount of such fee shall be set by ordinance or resolution of the City Council and shall be adjusted periodically to reflect changes in processing costs borne by the City.

• d. Hearing Dates; Notices. Upon the filing of a conditional use permit application, or upon the motion of the Commission, or upon the receipt of a duly certified copy of a resolution by the Council requesting the granting of a conditional use permit, the Planning Director shall set the matter for a public hearing within not less than 21 days nor more than 120 days. Notice of the time and place of such hearing, unless otherwise directed by the Commission, shall be given by mailing a notice not less than 10 days prior to the date of such hearing to the owners and occupants of property within a radius of 300 feet of the exterior boundaries of the property on which the use is proposed, using for this purpose the information shown upon the latest available assessment rolls of the County. Such notice shall contain the same information as is required in a posted notice.

• e. Investigations. The Commission shall cause to be made by its own members or by members of its staff such investigations of the facts as the Commission shall deem necessary bearing upon such application set for hearing.

• f. Commission Hearings. The public hearings provided for in this section shall be conducted before the Commission or before any three or more members thereof. A summary of all pertinent testimony offered at a public hearing, and the names and addresses of persons so testifying, shall be recorded and made a part of the permanent records of the case. If for any

reason testimony on any case set for a public hearing cannot be completed on the day set for such hearing, the Commissioner presiding at such public hearing, before the adjournment or recess thereof, may publicly announce the time and place at which such hearing will be continued, and such announcement shall serve as sufficient notice of such continuance without recourse to the form of notice provided for in this section.

se set for a public hearing cannot be completed on the day set for such hearing, the Commissioner presiding at such public hearing, before the adjournment or recess thereof, may publicly announce the time and place at which such hearing will be continued, and such announcement shall serve as sufficient notice of such continuance without recourse to the form of notice provided for in this section.

• g. Decisions of the Commission. Not more than 60 days following the conclusion of the hearing, the Commission shall announce its findings by formal resolution, and such resolution shall state, among other things, the facts and reasons which, in the opinion of the Commission, determine whether the conditional use permit shall be granted or denied and such conditions and limitations as may be imposed. Such resolutions shall be numbered consecutively in the order of their adoption and shall become a permanent record of the Commission. The failure of the Commission to adopt such a resolution within the period set forth in this paragraph shall automatically refer the matter to the Council without a recommendation.

• h. Notices of Decisions. Not more than 60 days after the final action of the Commission on an application for a conditional use permit, a copy of the Commission's resolution setting forth its decision shall be mailed by the Planning Director to the applicant and the owner of record of the property on which the use is proposed at the addresses shown on the application.

• i. Finality of Action; Effective Dates; Appeals. The action of the Commission shall be final and shall take effect on the 15th day after the adoption of such resolution by the Commission; provided, however, an appeal in writing filed with the City Clerk by the applicant or by any interested person prior to such 15th day shall suspend the action of the Commission until the determination of the appeal by the Council or its withdrawal by the appellant. Such an appeal, with the same time limit, may also be initiated by a motion of the Council. Any appeal filed pursuant to the provisions of this subsection shall state the grounds wherefore and wherein the Commission failed to conform to the requirements of this Chapter. An appeal which is not filed within the time prescribed or which does not set forth the grounds upon which it is based shall not constitute an appeal in compliance with this Chapter.

initiated by a motion of the Council. Any appeal filed pursuant to the provisions of this subsection shall state the grounds wherefore and wherein the Commission failed to conform to the requirements of this Chapter. An appeal which is not filed within the time prescribed or which does not set forth the grounds upon which it is based shall not constitute an appeal in compliance with this Chapter.

• j. Appeals; Hearings. Upon the receipt of an appeal from the action of the Commission, the Council shall set the matter for a hearing and give notice thereof to the appellant and to the applicant for such conditional use permit, should the appellant not be the applicant, and to any and all other persons or organizations who have appeared before the Commission during any of its proceedings held in connection with such application or who have addressed written communications regarding such application to the Commission prior to the conclusion of its hearings; provided, however, notice need not be given to such other persons or organizations unless their names and mailing addresses have been given for the records of the Commission, orally or in writing, during any of such proceedings or in such written communications.

The notices required by this subsection shall be given by the City Clerk by the mailing of a notice to the persons or organizations entitled to the same, as provided in this subsection, not less than five days prior to the date of such hearing. The Planning Director shall be notified of the filing of such appeal and, upon the receipt of such notice, shall transmit to the Council the complete file on the case. The Council may limit the hearing to a consideration of the grounds of the appeal as set forth in such appeal and to a review of the proceedings of the Commission or may consider any new matter pertaining thereto. An appeal may be withdrawn at any time by the appealing party.

• k. Appeals; Decisions. The Council by resolution shall render its decision on such appeal within 30 days after the conclusion of its hearing on such appeal, and the Council shall have the power to either affirm, amend, or reverse the action of the Commission, or, if, in its opinion, the matter requires further consideration by the Commission, the Council may refer the matter back to the Commission for such further consideration, with any recommendations which the Council may see fit to make, in which event notice of such further hearing shall be given as required upon an original application.

Not later than 10 days after the final action of such an appeal by the Council, notice of the decision in the matter shall be mailed to the appellant and the applicant by the City Clerk, and the file in the case shall be returned to the archives of the Planning Department. The decision of the Council on such matters of appeal shall be final.

• l. Acceptance: Form. The applicant and the owner of record shall sign, have notarized, and record with the office of the County Recorder, for the benefit of the City and within six months after the adoption of the resolution approving the conditional use permit, an acceptance form, furnished by the Planning Department, which shall state that the applicant and the owner of record are aware of and will abide by all the conditions of the resolution of approval. Such form shall be returned to the Planning Department to be filed with, and made a part of, the case.

• m. Procedure for Revocation of Conditional Use Permits.

  1. A conditional use permit may be revoked upon a finding by the Commission that any or all of the following circumstances exist:

     • (a) The applicant has failed to obtain a building permit or certificate of occupancy or has not begun construction, if any, or has not commenced the use permitted within one year after the granting of the conditional use permit as required by paragraph d of subsection 30-26.4 ;

     • (b) The applicant has failed to abide by the conditions imposed by the resolution adopted by the Commission;

     • (c) The property is in violation of any provision of this Code;

     • (d) The use permitted by the conditional use permit is not being exercised, has been abandoned, or has otherwise been discontinued for a period of 90 days after the use has commenced;

     • (e) The applicant and the owner of record have failed to sign, have notarized, and record with the office of the County Recorder an acceptance form as required by subparagraph 1 of this section within six months after the adoption of the resolution approving the conditional use permit;

     • (f) A subsequent conditional use permit has been granted on the property; or

     • (g) The applicant or the owner has requested in writing that the conditional use permit be revoked.

  2. The revocation of a conditional use permit shall be accomplished by a formal resolution of the Commission. Where a circumstance as set forth in subparagraphs (a), (b), (c), (d) or (e) of paragraph m1 exists, there shall be a public hearing held by the Commission at its discretion for the purpose of considering whether there is sufficient cause to revoke the conditional use permit. At least 10 days prior to such public hearing a written notice shall be mailed to the owner of the property, as shown on the latest assessment rolls of the County, and to the occupant (if applicable) and shall be posted in a conspicuous location on the property. Such notice shall indicate the time, date, and place of the public hearing and the reason for such hearing.

  3. Notwithstanding the provisions set forth in paragraphs m1 and m2 of this subsection the City Council may order a revocation, modification, temporary revocation or temporary modification of a conditional use permit when it finds that such an order is needed for purposes of maintaining the health, safety and welfare of the City, provided that:

     • (a) Any such modification or revocation of a conditional use permit shall be accomplished by a formal resolution of the City Council; and

• (b) There shall be a public hearing held by the City Council at its discretion for purposes of considering whether or not there is sufficient cause to revoke, modify, temporarily revoke or modify the conditional use permit; and

• (c) At least 10 days prior to such public hearing a written notice shall be mailed to the owner of the property, as shown on the latest assessment rolls of the County, and to the occupant (if applicable) and shall be posted in a conspicuous location on the property. Such notice shall indicate the time, date and place of the public hearing and the reason for such hearing.

A conditional use permit or other Planning Commission land use approval (special approval, special use, etc.) shall become automatically null and void when the use for which the permit was granted has not been exercised for two consecutive years.

4. The City Council may order the immediate temporary revocation or modification of a conditional use permit in order to protect and preserve the health, safety and welfare of the City, provided that:

   • (a) Such an immediate temporary revocation or modification does not extend for a period of more than 30 days; and

   • (b) The immediate temporary revocation or modification is accomplished by a formal resolution; and

   • (c) A public hearing shall be conducted not later than 15 days after the effective date of an immediate temporary revocation or modification to determine whether City Council shall take action pursuant to this subsection paragraph m3 of this Code; and

   • (d) Not later than 48 hours after said immediate temporary revocation or modification notice shall be mailed to the owner of the property, as shown on the latest assessment rolls of the County, and to occupant and shall be posted in a conspicuous location on the property on or before the effective date. Such notice shall indicate the effective date and duration of the immediate temporary revocation or modification and the nature and extent of any such modification. The notice shall further indicate the date, time and place of a public hearing and the reason for such a hearing.

• [1] Editor's Note: Former subsection 30-26.6, Conversion of Mobile Home Parks and/or Trailer Parks, previously codified herein and containing portions of Ordinance No. 1790, was repealed in its entirety by Ordinance No. 2101.