§ 22.58

The purpose of this chapter is to provide a process for reviewing conditional use permit applications which are intended to allow for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location.

Applications for conditional use permits will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare.

(Ord. No. 02(1998), § 2, 11-3-98)

An application for a conditional use permit may be filed with the department, in compliance with chapter 22.44 (Applications, Processing, and Fees), for a specified land use that is listed in article II (Zoning Districts and Allowable Land Uses) as requiring a conditional use permit. A public hearing is required for all conditional use permits, which shall be considered by the commission.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.58.030. - Application filing, processing, and review.

(a)

Filing. An application for a conditional use permit shall be completed, filed, and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.58.040 (Findings and decision), below.

(b)

Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter.

(c)

Notice and hearings. An application for a conditional use permit will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.58.040. - Findings and decision.

Following a public hearing, the commission shall record the decision in writing with the findings on which the decision is based. The conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made:

(1)

The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code;

(2)

The proposed use is consistent with the general plan and any applicable specific plan;

(3)

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

(4)

The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints;

(5)

Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and

(6)

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

In approving a conditional use permit, the commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.58.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.58.060. - Post approval procedures.

(a)

General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a conditional use permit application.

(b)

Run with the land. The conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.60. - SPECIFIC PLANS

Sec. 22.60.010. - Purpose.

The purpose of this chapter is to provide a process for reviewing a specific plan application. When required by section 22.60.020 (Applicability), below, the general plan or this Development Code to systematically implement the general plan for any part of the city, a specific plan shall be prepared, processed, approved and implemented, or disapproved, in compliance with this chapter.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.60.020. - Applicability.

A specific plan, which is designed to provide for flexibility and encourage innovative use of land resources and development of a variety of housing and other development types, shall be required under the following circumstances:

(1)

Sphere of influence. Areas included within the city's sphere of influence require the preparation of a specific plan to protect unique biological resources, create fiscal benefits for the city, and enhance its infrastructure;

(2)

Planning areas. Areas designated planning areas (PA) require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts);

(3)

Specific plan zoning district. Areas designated specific plan zoning district require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts); and

(4)

Private property owners. A specific plan, as a tool which is available to private property owners not covered by subsections (1), (2), and (3), above, could assist in the comprehensive master planning of a specific site(s).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 23, 7-16-24)

Sec. 22.60.030. - Initiation, presubmittal, and preparation of specific plans.

A specific plan may be initiated in the following manner:

(1)

City. By a resolution of intention adopted by the council, with or without a recommendation from the commission; or

(2)

Property owner. By an application being filed by the owner(s) of property which would be the subject of the specific plan. If initiated by an applicant, the following shall first occur:

a.

Presubmittal application. A presubmittal application, fee and conference with the director are highly recommended before the filing of a formal specific plan application; and

b.

Public meeting(s) required. Before the preparation of the specific plan, the city shall hold at least one public meeting to identify potential community impacts and concerns relating to the proposed plan. Public notice of the meeting is required, in compliance with chapter 22.72 (Public Hearings), and the appropriate procedures shall be defined by the director at the presubmittal conference.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.60.040. - Preparation and content.

An applicant shall prepare a draft specific plan for review by the city that includes detailed information in the form of text and diagram(s), organized in compliance with an outline furnished by the department and state law (Government Code § 65451). The city may also initiate the preparation of a specific plan, in compliance with section 22.60.030(1) (Sphere of influence), above. The following information shall be provided:

(1)

Proposed land uses. The distribution, location and extent of land uses proposed within the area covered by the specific plan, including open space areas;

(2)

Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private drainage, energy, sewage, solid waste disposal, circulation/transportation, water and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;

(3)

Land use and development standards. Standards, criteria and guidelines by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

(4)

Implementation measures. A program of implementation measures, including regulations, programs, public works projects and financing measures necessary to carry out the proposed land uses, infrastructure and development and conservation standards and criteria;

(5)

Relationship to general plan. A discussion of the relationship of the specific plan to the general plan; and

(6)

Additional information. The specific plan shall contain additional information determined to be necessary by the director based on the characteristics of the area to be covered by the plan, applicable policies of the general plan or any other issue(s) determined by the director to be significant.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.60.050. - Filing and processing.

A draft specific plan shall be filed with the department, and shall be accompanied by the fee required by the city's fee resolution. The draft plan shall be processed in the same manner as required for general plans by state law, and as follows:

(1)

Department evaluation. After the filing of a draft specific plan, the department shall review the draft plan to determine whether it conforms with the provisions of this chapter. If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the

department and the department determines it is complete and in compliance with this chapter, the plan shall be deemed to be accepted for processing, in compliance with chapter 22.44 (Applications, Processing, and Fees);

(2)

Environmental review. The draft specific plan shall be subject to environmental review as specified in section 22.44.060 (Environmental assessment);

(3)

Staff report. A staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and diagrams of the specific plan, as necessary, to make it acceptable for adoption; and

(4)

Public hearings. A proposed specific plan shall be subject to public hearings before both the commission and council before its adoption, as follows:

a.

Commission. The director shall schedule a public hearing on the proposed specific plan. The hearing shall receive public notice and be conducted in compliance with chapter 22.72 (Public Hearings). After the hearing, the commission shall forward a written recommendation, with appropriate findings to the council, in compliance with section 22.60.060 (Adoption of specific plan); and

b.

Council. After receipt of the commission's recommendation, a public hearing on the specific plan shall be scheduled. The hearing shall be noticed and conducted in compliance with chapter 22.72 (Public

Hearings). After the hearing, the council may adopt the specific plan, may disapprove the plan or may adopt the plan with changes, with appropriate findings in compliance with section 22.60.060 (Adoption of specific plan), provided that changes to the plan that were not considered by the commission shall be referred to the commission for its recommendation, in compliance with state law (Government Code § 65356).

Failure of the commission to report within 45 days after the referral, or a longer period set by the council, shall be deemed a recommendation for the approval of the changes.

(Ord. No. 02(1998), § 2, 11-3-98)