Article I — Conditional Use Permits and Variances

The planning commission is authorized to hear and grant applications for conditional use permits and variances in accordance with the authority vested in the city by Section 65853 of the California Government Code and pursuant to the terms and conditions contained in this code. (Ord. 913 § 2, 1997)

It is determined that the processing of applications for conditional use permits and/or variances is not of general benefit but of benefit to the applicant, and that processing costs shall be borne by the applicant. The city council from time to time shall establish by resolution filing fees for the applications which shall be paid to the city at the time of filing. No application shall be considered filed until the established fees have been paid to the city. No application, once approved, shall take

effect unless all fees due the city have been paid, and no occupancy shall take place until all fees have been paid.

(Ord. 913 § 2, 1997)

• A. The planning commission may grant a conditional use permit for those uses designated as conditional uses in the provisions of this code. Such conditional use permits may be granted upon such conditions as are reasonable and necessary to protect the public safety, health and welfare.

• B. To grant a conditional use permit, the planning commission must find from the facts presented that the following circumstances exist:

  1. The proposed use and development are each consistent with the general plan and the applicable land use zone.

  2. The site for the proposed use is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and proposed surrounding land uses.

  3. The development site has adequate access to those utilities and other services required for the proposed use.

  4. The proposed use will be arranged, designed, constructed, operated and maintained so as to be compatible with the character of the area as intended by the general plan.

  5. Potential adverse effects upon the surrounding properties will be minimized to the extent practical and any remaining adverse effects are justified by the benefits conferred upon the neighborhood or community as a whole.

  6. If applicable, the proposed use will meet additional criteria for special kinds of conditional use permits as required elsewhere in this code or adopted specific plan.

• C. In the case of massage establishments, the planning commission may take into account the number of other massage establishments in the immediate vicinity.

• (Ord. 913 § 2, 1997; Ord. 1055 § 3, 2015; Ord. 1056 § 3, 2015)

• A. The planning commission may grant a variance from the terms and provisions of this code with respect to structural and physical requirements where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this code would occur from its strict and literal interpretation and enforcement. Such variance may be granted upon conditions which will assure the protection of the public safety, health and welfare.

• B. To grant a requested variance, the planning commission must find from the facts presented that the following circumstances exist:

  1. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated;

  2. That, because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of this title is found to

deprive the subject property of the privileges enjoyed by other properties in the vicinity and under identical zone classifications;

3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to other properties or improvements in the vicinity and zone in which the subject property is located;

4. That the granting of such variance will not be contrary to the objective of any part of the adopted general plan.

• (Ord. 913 § 2, 1997)

The procedures for conditional use permits and variances shall be as provided in Sections 18.108.060 through 18.108.110 .

(Ord. 913 § 2, 1997)

The initiation of proceedings for conditional use permits and variances shall be as follows:

• A. Any owner, authorized agent of the owner, person or corporation who is or will be the plaintiff in an action in eminent domain to acquire the property affected, who desires a conditional use permit or variance may file an application for such permit with the community development department on forms which shall be provided by the city.

• B. A filing fee shall be paid at the time of filing such application; subsequent fees shall be billed monthly and paid as they accrue.

• (Ord. 913 § 2, 1997)

Upon filing of an application, the community development director shall:

• A. Determine the application complete or incomplete within thirty days of the date of the application filing.

• B. When the application is determined complete, set a date for one public hearing thereon before the planning commission. The date of the hearing shall be not less than thirty days nor more than sixty days from the date the application is determined complete.

• (Ord. 913 § 2, 1997)

Notice of a public hearing regarding a conditional use permit or variance application, an explanation and description of the matter to be heard, and the date, time and place of such hearing shall be given in writing by all of the following methods:

• A. Newspaper. By publishing such notice in a newspaper of general circulation at least ten days prior to the date of the public hearing; when required, environmental notice shall be published at least twenty-one days prior to the date of the public hearing.

• B. Posting. On vacant parcels of five acres or more zoned or proposed for commercial, industrial, or institutional use, by posting a two-foot by four-foot wood material sign as illustrated in Figure 18.108.080, on each street frontage no fewer than twenty-one days prior to the date of the public hearing. Such posted notice shall be installed and removed by the applicant at the applicant's expense. Posted notices shall be removed within fourteen days of the final decision or date of withdrawal. If the applicant fails to remove the posted notice as required, the city shall remove the notice and bill the applicant for the cost of removal.

• C. Mail. By mailing notice not less than ten days prior to the date of the hearing to the owner of the subject property, the project applicant, significantly affected agencies, persons who have requested such notice in writing, and owners, as their names and addresses are disclosed by the latest adopted publicly available tax roll of the county, of real property within three hundred feet (91.44 meters) of the external boundaries of the property under consideration.

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• (Ord. 913 § 2, 1997)

The following regulations shall govern appeals of the planning commission's decisions:

• A. Letter of Appeal. Within ten days after a decision of the planning commission, the applicant or any interested person may appeal to the city council by filing an original and two copies of a

letter specifying the decision appealed from and the basis for the appeal, along with the appropriate filing fee, with the city clerk.

The city clerk shall immediately transmit one copy of the appeal letter to the community development director and one copy to the applicant in the event the appellant is not the applicant.

• B. Review by Council. Any member of the city council shall have the authority to appeal a planning commission decision by either making such request orally at the first council meeting following the decision of the planning commission or by filing a written request for review with the city clerk prior to the expiration of the appeal period. No appeal fee shall be payable when the appeal is requested by a council member.

• C. Action on Appeals. Within thirty days of receipt of a timely filed appeal, the community development department shall prepare a report and schedule a public hearing on the appeal before the council within thirty days after completion of the staff report on the appeal. Notice of the time, date and place of the public hearing shall be provided in the same manner as the notice of the hearing before the planning commission.

• D. Council Decision. After the hearing on an appeal, the city council may reverse, affirm or modify the decision of the planning commission under the terms and conditions of the particular law involved in the matter. The decision of the city council shall be final.

• E. Reapplication. If an application is denied on appeal to the city council, reapplication for substantially the same proposal shall not be accepted for filing for a period of one calendar year from the date of the city council decision.

• (Ord. 913 § 2, 1997)

• A. Each determination of the planning commission granting a conditional use permit or variance shall be conditional upon the privileges being utilized within one year after the effective date thereof. If they are not utilized or construction work is not begun within the time and carried on diligently to completion of at least one usable unit, the authorization shall become void, and any privilege, permit or variation granted by this chapter shall be deemed to have lapsed. The planning commission, however, shall have the authority to extend the time limit in the case of extenuating circumstances subject to Section 18.108.090 .

• B. The commission may, for good cause, grant a time extension not to exceed twelve months. Upon granting of an extension, the planning commission shall ensure that the conditional use permit or variance complies with all current city requirements. Once any portion of the variance or conditional use permit is utilized, the other conditions thereof become immediately operative and must be strictly complied with.

• (Ord. 913 § 2, 1997)

• A. The planning commission shall consider the revocation of a conditional use permit or variance granted pursuant to the provisions of this code by holding a public hearing upon the question. Notification of such public hearing shall be given as required in this chapter; provided, however, that the owner and/or applicant of the subject property shall have notice mailed by registered or certified mail, return receipt requested. A conditional use permit or variance may be revoked or modified if the planning commission makes any of the following findings:

  1. That any condition of a conditional use permit or variance has not been complied with or has been violated;

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

  3. That the conditional use permit or variance was obtained by fraud;

  4. That the use for which the permit was granted is not being exercised;

  5. That the use for which the permit was granted has ceased or been suspended for one year or more.

• B. Appeals of the planning commission decision shall be governed by Section 18.108.090 . (Ord. 913 § 2, 1997)