Sec. 30-154. - Time limitations.

Any conditional use permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1)

For a conditional use permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit has commenced within such time period.

(2)

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use permit item, the final map has been recorded within such time period.

(3)

In addition, for a conditional use permit for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as 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 such time period.

(4)

An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the

Planning Department for a time extension 60 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22; Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-155. - Revocation.

(a)

A conditional use permit may be revoked or modified if the Planning Commission makes any of the following findings:

(1)

That any condition of the conditional use permit has not been complied with or is violated;

(2)

That the use is detrimental to the public health or safety or is a nuisance;

(3)

That the conditional use permit was obtained by fraud;

(4)

That the use for which the conditional use permit was granted has ceased or been suspended for a period of one year.

(b)

Notice of hearings for conditional use permit shall be as set forth in Division 3, herein.

(c)

The decision of the Director of Community Development may be appealed to the Planning Commission pursuant to Division 4, herein.

Subdivision II. - Conditional Use Permit—Amendment

Sec. 30-156. - Purpose.

The purpose and intent of the conditional use permit amendment is to provide for the review for any non-expired approved entitlement for conditional use permit on undeveloped sites is eligible to apply for an amendment pursuant to the amendment procedures herein.

Sec. 30-157. - Pre-application meeting.

Prior to the filing of an application for a conditional use permit amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Staff recommendations should be incorporated into the project prior to filing the formal application. Projects determined minor in nature may be waived of this process by the Director of Planning.

(Ord. No. 1906, § 41, 10-25-22)

Sec. 30-158. - Application.

(a)

Applications for conditional use permit amendment 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. 30-159. - Reserved.

Editor's note— Ord. No. 1906, § 42, adopted Oct. 25, 2022, repealed § 30-159, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-160. - Findings for approval.

In giving approval to a conditional use permit amendment 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.

Sec. 30-161. - Noticing.

Notice of hearings for conditional use permit amendment shall be as set forth in Division 4, of this article herein.

Sec. 30-162. - Hearing by Planning Commission.

Upon receipt of a complete application for a conditional use permit amendment a time and place for the public hearing before the Planning Commission shall be set.

Sec. 30-163. - Appeal.

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. 30-164. - Time limitations.

Any conditional use permit amendment granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1)

For a conditional use permit amendment for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit amendment has commenced within such time period.

(2)

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use permit amendment item, the final map has been recorded within such time period.

(3)

In addition, for a conditional use permit amendment for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as 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 such time period.

(4)

An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22)

Subdivision III. - Conditional Use Permit—Modification

Sec. 30-165. - Purpose.

The purpose and intent of the conditional use permit modification is to provide for the review for any approved, vested entitlement for conditional use permit and allow for modifications pursuant to the procedures outlined herein.

Sec. 30-166. - Pre-application meeting.

Prior to the filing of an application for a conditional use permit modification, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Projects determined minor in nature may be waived of this process by the Director of Community Development.

(Ord. No. 1906, § 43, 10-25-22)

Sec. 30-167. - Application.

(a)

Applications for conditional use permit modification 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. 30-168. - Reserved.

Editor's note— Ord. No. 1906, § 44, adopted Oct. 25, 2022, repealed § 30-168, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-169. - Findings for approval.

In giving approval to a conditional use permit modification 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.

Sec. 30-170. - Noticing.

Notice of hearings for conditional use permit modification shall be as set forth in Division 4, of this article herein.

Sec. 30-171. - Hearing.

Upon receipt of a complete application for a minor use permit a time and place for the public hearing before the Planning Commission shall be set.

Sec. 30-172. - Appeal.

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 4, of this article herein.

Sec. 30-173. - Time limitations.

Any conditional use permit modification granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit modification issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1)

For a conditional use permit modification for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit has commenced within such time period.

(2)

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use permit item, the final map has been recorded within such time period.

(3)

In addition, for a conditional use permit modification for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as 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 such time period.

(4)

An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22)

DIVISION 13. - MINOR USE PERMITS, AMENDMENT, AND MODIFICATION Subdivision I. - Minor Use Permits