Sec. 30-140. - Findings for approval.

The Planning Commission shall approve any design review, modification application subject to the following findings:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Sec. 30-141. - Noticing.

Notice of hearings for design review, modification shall be as set forth in Division 4, of this article herein.

Sec. 30-142. - Hearing.

Upon receipt of a complete application for a design review, modification a time and place for the hearing shall be set.

Sec. 30-143. - Appeals.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Sec. 30-144. - Time limitations.

Each design review, modification approval granted under this article shall become null and void two years from the date of approval, unless:

(1)

The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two years period.

(2)

A vesting tentative tract or parcel map is approved concurrently with the design review item. In such cases, the design review approval period shall be valid pursuant to the time limits prescribed by Division No. 11.

(3)

Any valid design review, modification in effect at the date of adoption of this section shall remain valid for a period of two years from the date of that design review approval. A one time two year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

(Ord. No. 1898, § 11, 7-26-22)

DIVISION 12. - CONDITIONAL USE PERMIT, AMENDMENT, AND MODIFICATION Subdivision I. - Conditional Use Permit

Sec. 30-145. - Purpose.

The City recognizes that certain types of land uses require individual review by the Planning Commission to determine whether the type of use proposed, or the location of that use, is compatible with, or can be made compatible with surrounding land uses.

Sec. 30-146. - Authority.

The Planning Commission is authorized to approve or deny applications for conditional use permit, and to impose conditions upon such approval.

(Ord. No. 1906, § 38, 10-25-22)

Sec. 30-147. - Pre-application meeting.

Prior to the filing of an application for a conditional use permit, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 39, 10-25-22)

Sec. 30-148. - Application.

(a)

Applications for conditional use permits shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(b)

At a minimum, the application shall include:

(1)

A written statement that the applicant is the owner of the subject property or an agent thereof.

(2)

The legal description of the property involved, the proposed use, and site plans.

(3)

The proposed use of the building and property.

Sec.;en. - Reserved.

Editor's note— Ord. No. 1906, § 40, adopted Oct. 25, 2022, repealed § 30-149, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-150. - Findings for approval.

In giving approval to a conditional use permit application, the Planning Commission shall make the following findings:

(1)

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2)

The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3)

Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.