Chapter 17.08 — CONDITIONAL USE PERMITS

Use permit applications shall review the location, site development, or conduct of land uses which may have an impact on the area in which they are located or are capable of creating special problems for adjacent properties. The City Administrator/designee and/or Planning Commission may designate such conditions in connection with the granting of a use permit to carry out the purpose and intent of this Title, and may include, but not be limited to, the following:

• A. Dedication of right-of-way.

• B. Improvement of vehicle access to the subject property to City standards.

• C. Regulation of height, number of stories.

• D. Regulation of the nature, hours of operation, extent of use.

• E. Regulation as to transferability of the use.

• F. Regulation of landscaping for the protection of adjoining and nearby properties.

• G. Regulation of off-street parking.

• (Ord. 823-2016 § 2 (part), 2016)

Temporary uses may be approved by the City Administrator or designee without a public hearing.

A. Temporary uses such as Christmas tree sales, flea markets, carnivals, and bazaars for nonprofit organizations or for compensation; recreational use of land zoned for residential or commercial uses not yet developed; advertising for promotional contests; sales on parking lots for any use except for the parking of automobiles, and peddlers as defined in Title 5, Chapter 5.04 may be approved by the City Administrator/designee for a period not to exceed 60 days. An application to extend the 60 day period may be submitted for consideration.

B. Mobile food vendors as defined by Section 17.04.145 may apply for a temporary use permit for a period not to exceed one year. Prior to the date of expiration, an application to continue the use shall be submitted to the City. A mobile food vendor may locate in any land use district provided it can meet the following requirements:

1. Proposed hours of operation and shall not exceed Monday through Sunday, 5:30 a.m. to 11:00 p.m. If locating within a residential construction project area sited adjacent to existing established residences, the hours are restricted to Monday through Saturday, 7:00 a.m. to 7:00 p.m.

2. All necessary permits from other state and local entities, such as the Butte County Environmental Health Department, shall be obtained and copies of approvals shall be provided to City staff prior to commencement of operations.

3. The location shall be kept free of litter generated by the business at all times. Trash and recycling receptacles shall be provided for customer use. Any waste generated shall be removed daily from the site.

4. All waste discharges are to be done at a facility approved by the City of Gridley Public Works Department and meet all Industrial Waste requirements. Other alternatives for discharge shall be reviewed and approved by City staff.

5. Outdoor speakers and outdoor music shall not be permitted on the site.

6. Signs shall be permitted on the vehicle only.

7. The Building Department shall review and approve any new or existing electrical connection/service to the mobile vending unit.

8. A business license shall be obtained prior to commencement of business. Refer to Title 5, "Business Taxes, Licenses, and Regulations".

9. The mobile food vendor vehicle shall be located on an approved, dust free, surfacing material for both the vendor and customers. Such surfacing may include rock, asphalt concrete, decomposed granite, etc. City staff shall review and consider proposals to determine the surfacing requested is appropriate.

10. The unit shall not be located within three hundred (300) feet of any public or private school, school grounds, or school district administration office.

11. The unit shall not be located closer than three hundred (300) feet to any restaurant unless written approval by the restaurant owner/operator is granted to the applicant and submitted to the City.

(Ord. 823-2016 § 2 (part), 2016)

• A. Application shall be made on appropriate forms provided by the Planning Department.

• B. Such application shall be accompanied by a fee set by resolution, no part of which shall be returned to any applicant.

C. A fee equal to the original application shall be submitted at the time an extension to a temporary use is requested.

D. An application with the established fee set by resolution shall be submitted for consideration by the approving body if an approved conditional or temporary use permit was granted and not established within a one year period as determined by the City Administrator/ designee and as described in Section 17.08.060, Revocation.

E. An application with the established fee set by resolution shall be submitted for consideration by the approving body if an approved conditional or temporary use permit was granted, established, and then vacated for a one year period as determined by the City Administrator/ designee and as described in Section 17.08.060, Revocation. (Ord. 823-2016 § 2 (part), 2016)

A. The City Administrator/designee may approve or conditionally approve the following uses within his or her authority without a public hearing. Such approval must be based on evidence that supports the findings described in Section 17.08.040. Uses that do not fall within the categories defined below shall comply with the use and development regulations and entitlement review provision that otherwise apply to the property.

1. Fences exceeding height limitations. The City Administrator/ designee may issue a use permit for fences exceeding six feet in height between contiguous properties having different ground elevations pursuant to Section 17.72.040.

B. The City Administrator/designee may approve or conditionally approve a use permit within his or her authority without a public hearing. Such approval must be based on evidence that supports the findings described in Section 17.08.040.

C. When the City Administrator/designee determines to approve or conditionally approve an application for a use permit, the City Administrator/designee shall cause a notice of such determination to be served by mail on the applicant and each owner and occupant of property within 100 feet of the boundaries of the property which is the subject of the application. Such notice shall, in addition to setting forth the determination of the City Administrator/designee, set forth the right of any interested party to request Planning Commission review of the determination of the City Administrator/designee.

D. If the City Administrator/designee decides not to approve a use permit, the application shall be referred to the Planning Commission for action under Section 17.08.040.

(Ord. 823-2016 § 2 (part), 2016)

A. The Planning Commission shall hold public hearings on all applications and shall give notice in the manner prescribed by law, excepting those temporary uses pursuant to Section 17.08.020 of this Chapter, and those uses for which the City Administrator/designee may issue a use permit pursuant to Section 17.08.035 of this Chapter.

B. The findings necessary for the granting of a conditional use permit shall be that the establishment, maintenance, or operations of the use or building applied for will not under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or, be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City or substantially impede enactment of the comprehensive plan. (Ord. 823-2016 § 2 (part), 2016)

A. Appeal from any finding of the City Administrator/designee may be made in writing to the Planning Commission within ten calendar days from the date the City Administrator/designee mails notice of the decision to issue a use permit pursuant to Section 17.08.035. The Planning Commission may overrule the findings of the City Administrator/designee made pursuant to Section 17.08.040, and reverse or modify the action of the City Administrator/designee accordingly.

B. Appeal from any finding of the Planning Commission may be made in writing to the City Council within ten calendar days from the date of the commission's action. Such appeal shall be made to the City Council which may overrule the findings of the Planning Commission but may not grant a conditional use permit which differs from that specified in the written application to the Planning Commission.

(Ord. 823-2016 § 2 (part), 2016)

A. In any case where the conditions of the permit have not been or are not complied with, the City shall give notice to the permittee of intention to revoke such permit at least ten (10) calendar days prior to a Planning Commission hearing. Following such hearing the Planning Commission may revoke such permit.

B. In any case where a conditional use permit has not been used within one year after the date of granting thereof, or cases in which a use authorized by a use permit has been suspended for more than one year, then prior to issuance of a building permit or any subsequent permit required to initiate or reestablish the use, the City

Administrator/designee shall consider whether circumstances upon which the approval of the use permit was based have changed.

1. If the City Administrator/designee determines that no significant changes have occurred, the approved use shall be allowed to be initiated or reestablished without further action by the Planning Commission.

2. If the City Administrator/designee determines that significant changes have or may have occurred, the Planning Commission shall consider the matter at its next regularly scheduled meeting, and determine whether to give notice to the permittee of intention to revoke such permit.

3. A use permit that has not been initiated after one year from the date of approval, or the approval for a use that has subsequently been suspended for more than one year after being initiated, may be revoked by the Planning Commission following a noticed public hearing on the matter.

4. Prior to revocation, the Planning Commission shall make findings that establishment, maintenance, or operations of the use or building applied for or involved will, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City or substantially impede enactment of the comprehensive plan. (Ord. 823-2016 § 2 (part), 2016)

A. A permittee may request an extension of any time limitations previously made part of the conditions of approval for the use permit pursuant to Section 17.08.030, Application procedure.

B. A noticed public hearing will be held before the Planning Commission for consideration of time extension. Unless otherwise conditioned by the Planning Commission, all conditions of approval must be completed by the permittee within twelve months of the permit issuance.

(Ord. 823-2016 § 2 (part), 2016)

A. Any permittee may apply for a modification of the use permit by applying for reapplication pursuant to Section 17.08.030, Application procedure.

B. The Planning Commission at a noticed public hearing may modify the permit by changing, deleting or adding conditions to the existing permit. Any such modification shall be subject to the appeal process pursuant to Section 17.08.050, Appeal.

(Ord. 823-2016 § 2 (part), 2016)