Chapter 17.123 — CONDITIONAL AND MINOR USE PERMITS

17.123.010 - Purpose.

modified

When certain uses of this title may have potential negative impacts or need to be looked at on a case-by-case basis, the Planning Commission or Zoning Review Committee may grant a conditional use permit or minor use permit, respectively. Conditions of approval may be added to ensure that the spirit and purpose of this title will be observed and that public health, safety and welfare are protected.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for comprehensive lists of uses that require the approval of a conditional use permit and minor use permit. Conditional use permit applications shall be reviewed by the Planning Commission and minor use permit applications shall be reviewed by the Zoning Review Committee.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

The rules and procedures for applications, records, investigations, notices and public hearings applicable to conditional use permits and minor use permits shall be as follows:

A.

Applications. Applications for a conditional use permit or minor use permit shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission or Zoning Review Committee can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one entitlement or action is needed for the project.

B.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Commission.

C.

Public Notices. Public notices shall be provided and processed in a manner consistent with the provisions of Section 65090 and/or 65091 of the California Government Code as required, and shall be given by the methods specified as follows:

1.

Publish a notice once in a newspaper of general circulation in the city a minimum ten (10) days prior to each public hearing. The notice shall include the date, time, place of hearing and location of the property and the nature of the request.

2.

Mail a notice, postage prepaid, to the applicant and to owners of all properties within a specified radius. Such notice shall be mailed a minimum ten (10) days prior to each public hearing. The applicant shall use the last known name and address of such owners as shown upon the last assessment roll of the city.

a.

For conditional use permit applications for the following uses, the mailing radius shall be seven hundred (700) feet of the exterior boundaries of the subject property:

i.

Boarding or rooming houses with seven (7) or more residents;

ii.

Community care facility with seven (7) or more residents;

iii.

Correctional facilities in accordance with Section 17.112.070 (Standards for Nonresidential Uses—Correctional Facilities) of this title;

iv.

Emergency shelter (twenty-five (25) or more occupants/beds) in accordance with Section 17.112.090 (Standards for Residential Uses—Emergency Shelters) of this title; and

v.

Massage establishments.

b.

For all other conditional use permit applications, the mailing radius shall be five hundred (500) feet of the exterior boundaries of the subject property. The Community Development Director may direct the applicant to increase the mailing radius, but in no event shall it be greater than seven hundred (700) feet.

c.

For conditional use permit applications for new industrial construction over five thousand (5,000) square feet and within one hundred fifty (150) feet of a residential zoning district, notices shall also be mailed to all residents within one hundred fifty (150) feet of the property.

d.

For minor use permit reviews, the mailing radius shall be three hundred (300) feet of the exterior boundaries of the subject property.

3.

Post the Property. A minimum of one notice shall be posted along each street frontage a minimum ten (10) days prior to the public hearing. The posting shall be placed in the ground or on a fence, wall or building façade that is set back no more than ten (10) feet from the street property line.

D.

Public Hearings. Public hearings, as provided for in this chapter, shall be held before the Planning Commission for conditional use permits and the Zoning Review Committee for minor use permits.

E.

Decisions. The Planning Commission shall make its decision by resolution. The Zoning Review Committee shall make its decision through a decision letter.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Before a conditional use permit or minor use permit may be granted, the Planning Commission or Zoning Review Committee shall make all of the following findings:

A.

The conditional use permit or minor use permit will not be detrimental to the public health, safety or welfare or injurious to the subject property or other improvements in the vicinity;

B.

The proposed use applied for at the location indicated is one for which a conditional use permit or minor use permit is authorized;

C.

The subject property for the proposed use is adequate in size and shape to accommodate such use and that all yards, spaces, walls, fences, parking, loading, landscaping and other features required for the proposed use are provided;

D.

The subject property abuts streets and highways adequate in width and pavement type to carry the kind of traffic which will be generated by the proposed use; and

E.

The conditional use permit or minor use permit is consistent with the purpose, goals and policies of the city's general plan, zoning code and any applicable specific plan.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.123.050 - Time periods.

modified

A.

The conditional use permit or minor use permit shall be valid for two (2) years after the effective date of approval by the Planning Commission or Zoning Review Committee.

B.

If the applicant has proceeded in good faith toward the implementation of the conditional use permit or minor use permit, as determined by the Community Development Director, the applicant may request a twelve-month extension. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. The applicant may request additional extensions, which shall be considered by the Planning Commission.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

If the use authorized by any conditional use permit or minor use permit is, or has been, unused, abandoned or discontinued for a period of twelve (12) months, such conditional use permit or minor use permit shall become null and void.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Planning Commission decisions regarding this chapter are appealable to the City Council. Zoning Review Committee decisions regarding this chapter are appealable to the Planning Commission, and ultimately to the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information. The effective date of the decision shall not commence until the deadline to appeal has expired.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)