Division 3 — SPECIAL USE PERMIT

(A) Whenever this chapter provides that a particular use may be permitted by special use permit, an application for a special use permit shall be determined as provided in this article.

(B) Special use permits authorized by this chapter are granted for such time and upon such conditions and limitations as are deemed necessary to preserve the integrity and character of the zoning district, the utility and value of adjacent property and the general welfare of the neighborhood and the public.

(`64 Code, Sec. 34-146) (Ord. No. 917, 1491, 1513, 1671, 2367, 2445)

Before a special use permit may be granted, the applicant must show and the commission must find that the proposed use is in conformance with the general plan and other adopted standards and that the following conditions

are met:

(A) The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed special use permit shall be granted if the approval body finds such use will adversely affect or be materially detrimental to such adjacent uses, buildings or structures or to the public health, safety or general welfare.

• (B) The site that is subject to the special use permit shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and items which may be required by section 16-532.

• (C) The site that is subject to the special use permit shall be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.

• (D) The site that is subject to the special use permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.

(`64 Code, Sec. 34-147) (Ord. No. 917, 2367, 2445)

The conditions imposed on a special use permit may involve any factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:

• (A) Special yards, open spaces and buffer areas;

• (B) Fences and walls;

• (C) Traffic circulation and parking facilities, including vehicular ingress and egress and the surfacing and lighting of parking areas to specified standards;

• (D) Street and alley dedications and improvements, including sidewalks, curbs and gutters;

• (E) Water supply, fire protection, sewerage service and storm drainage facilities;

• (F) Landscaping and maintenance of grounds;

• (G) Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

• (H) Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

• (I) Regulation of signs and outdoor advertising;

• (J) A specified period limiting the time in which development may begin;

• (K) Provision for a bond or other surety that the proposed special use will be removed on or before a special date;

• (L) Height limitations to protect the character and integrity of abutting parcels or the general welfare;

• (M) Residential density, by specifying the number of dwelling units per acre; and

• (N) Such other conditions as will make possible the development of the proposed special use in an orderly and efficient manner and in general accordance with the intent of this chapter.

• (`64 Code, Sec. 34-148) (Ord. No. 917, 2367, 2445)

The application for a special use permit shall be on forms prescribed by the city staff and shall furnish a description of the property for which the special use permit is sought and a map or site plan showing the exterior boundaries of the area to be included in the use permit. The director may require the applicant to show elevations, perspective drawings of the proposed improvements, or building plans if such information is pertinent to determining the application. Plans or other supporting data may be required by city staff.

(`64 Code, Sec. 34-149) (Ord. No. 917)

• (A) Application for a special use permit, variance, or planned development permit may be initiated by:

• (1) A resolution of intention by the commission or city council;

• (2) An owner of the affected property or the owner’s designated attorney in fact;

• (3) A lessee who holds a lease, the terms of which permit the use applied for, or the lessee’s designated attorney in fact; and

• (4) A plaintiff in an action in eminent domain to acquire the property as to which the special use permit, variance or planned development permit is sought.

(B) If an application for a special use permit, variance or planned development permit has been denied, a new application for the same entitlement relating to the same property shall not be accepted within 12 months of the denial. This provision may be waived by a majority of the city council on finding that, by reason of changed physical, legal or sociological circumstances, consideration of a new application for same entitlement would be in the public interest. (`64 Code, Sec. 34-150) (Ord. No. 917, 1541, 2367, 2445)

(A) Fees for filing an application for a special use permit shall be set by resolution of the city council.

(B) Fees for submitting a project for preliminary review and evaluation by city staff before submitting a formal application shall be set by resolution of the city council.

(C) When an application for any project, including but not limited to a special use permit, a planned development permit, a variance, a map, a zone boundary change or a change of classification or zone uses, requires special evaluation by a consultant or legal counsel or an unusual amount of special study and evaluation by city staff beyond routine analysis, the applicant shall reimburse the city for the cost of such work. The director shall give the applicant a written estimate of such cost, and the applicant shall deposit the amount of such estimate with the director, before any such work is done. If, after work is begun, the director estimates that more costs will be incurred than originally estimated, the director shall give the applicant a revised written estimate and the applicant shall deposit the amount of the revised estimate with the director, deducting deposits previously made. If the final actual cost of the work exceeds the amount so deposited, the applicant shall deposit the remaining costs before the city takes action on the application. If the actual final cost of the work is less than the amount so deposited, the director shall refund the excess deposit after the city takes action on the application or the application is withdrawn. (`64 Code, Sec. 34-151) (Ord. No. 917, 1060, 1367, 1671)

All applications for special use permits shall be heard by the commission during a public hearing. (`64 Code, Sec. 34-152) (Ord. No. 917, 2367, 2445)

Notice of the hearing shall be given by the secretary of the commission pursuant to Cal. Gov't Code, Section 65091. (`64 Code, Sec. 34-152.1) (Ord. No. 917, 2367, 2445)

The date of hearing on the application shall be set within the time provided by State law. (`64 Code, Sec. 34-152.2) (Ord. No. 917, 1316)

If for any reason, any hearing cannot be completed on the day set therefor, the presiding commissioner, before adjournment or recess, may continue the hearing by publically announcing the time and place to which the hearing is continued. No other form of notice of such continuance shall be required.

(`64 Code, Sec. 34-152.3) (Ord. No. 917, 1847, 2367, 2445)

(A) Not more than 30 days following the termination of public hearings on an application for a special use permit or a modification or revocation thereof, the commission shall render a decision by written resolution, reciting any findings on which the decision is based and any conditions imposed on the permit, if granted.

(B) A resolution granting or denying an application for a special use permit or modifying or revoking a special use permit or denying an application to modify or revoke a special use permit may not be reconsidered or modified or vacated except as provided hereinafter.

(`64 Code, Sec. 34-153) (Ord. No. 917, 2367, 2445)

(A) Not later than ten days following the day a resolution of decision is adopted, the secretary of the commission shall mail a copy of the resolution to the applicant at the address appearing on the application or such other address as is designated in writing by the applicant.

(B) With such resolution the secretary of the commission shall mail a copy of section 16-545, setting forth the procedure for an applicant to appeal the decision.

(`64 Code, Sec. 34-153.1) (Ord. No. 917, 1078, 2367, 2445)

A resolution granting or denying an application for a special use permit or modifying or revoking a special use permit or denying an application for modification or revocation of a special use permit is effective upon adoption, but is subject to the right of appeal to the city council as hereinafter provided.

(`64 Code, Sec. 34-154) (Ord. No. 917, 2367)

No person obtains any right or privilege to use property for any purpose or in any manner described in an application for a special use permit or a modification thereof or in a resolution granting a special use permit or modification thereof unless and until the resolution granting the special use permit or modification becomes final. (`64 Code, Sec. 34-154.1) (Ord. No. 917, 2367)

A decision of the commission shall become final and conclusive at the time of expiration of the appeal period provided in section 16-545 unless prior to the expiration of such period a timely appeal or notice requesting review in proper form is filed with the city council. The filing of such an appeal or notice requesting review shall automatically stay the execution of the decision of the commission pending rendition of a decision by the city council. (`64 Code, Sec. 34-154.2) (Ord. No. 917, 1078, 1253, 2367, 2445)

(A) A person may file an appeal from or request a review of a decision of the planning commission not later than 18 days after the date of the decision.

(B) A review of a decision of the commission may be commenced by the city manager or designee or a member of the city council by filing with the city clerk an original and two copies of a notice requesting review.

(C) An appeal may be commenced by any person or entity aggrieved or directly affected by a decision of the commission by filing with the city clerk an original and two copies of a notice of appeal that specifies the grounds for appeal and the relief requested.

(D) The city clerk shall note on the original notice the date and time of filing and shall transmit copies of the notice to the director and the city attorney. The city clerk shall collect from the appellant the appeal fee set by resolution of the city council. The city clerk shall not collect an appeal fee for a notice filed on behalf of the city by a city officer or employee or a member of the city council.

(`64 Code, Sec. 34-155) (Ord. No. 917, 1046, 1060, 1253, 1446, 1671, 2367, 2374, 2445, 2508)

(A) A review or appeal hearing shall be held by the city council no more than 30 days following the date of filing of the notice; provided, however, that if there is no regular meeting on the fourth Tuesday following the date of filing of the notice, the hearing shall be scheduled for the next regular meeting after the thirtieth day.

(B) Upon receipt of a notice of request for review or appeal, the city clerk shall fix the date, place, and time of the review or appeal hearing. Written notice of the date, place, and time of the review or appeal hearing shall be given by the city clerk to the applicant or appellant, to the director, to any person of record directly affected by the review or appeal, and if applicable, to the city officer, department, or entity whose action is the subject of review or appeal.

(C) Additional notice of the hearing on review or appeal shall be given by the city clerk pursuant to Cal. Gov't Code, Section 65091.

(D) During the pendency of review or appeal and until its conclusion, the action of the commission shall be suspended and no permits relating to the matter subject to review or appeal shall issue from any city department. (`64 Code, Sec. 34-155.1) (Ord. No. 917, 1446, 1970, 1986, 2367, 2445)

Unless otherwise directed by the council, the director shall deliver to the city council at the time of hearing, all documents constituting the commission's record of the matter subject to review or appeal. (`64 Code, Sec. 34-155.2) (Ord. No. 917, 1446, 2367, 2445)

(A) A review of an appeal from a decision of the commission may be heard de novo.

(B) On hearing the review or appeal, the city council shall primarily consider the issues raised by the grounds specified in the notice of review or appeal, but shall not be restricted thereto.

(C) The city council may promulgate additional rules of procedure for review or appeal hearings.

(D) Rules governing evidence and procedure relating to review and appeal hearings shall be liberally construed to effect enlightened consideration and determination by the city council.

• (E) Three council members constitute a quorum for holding a review or appeal hearing.

(`64 Code, Sec. 34-155.3) (Ord. No. 917, 1446, 2367, 2445)

(A) Prior to deciding a review or appeal, the city council may refer a matter back to the commission for information, further report or study.

(B) A matter subject to review or appeal shall not be withdrawn or dismissed before a public hearing is had thereon. (C) Within 14 days following the conclusion of the public hearing, the city council shall adopt a resolution by a majority of the members of the city council who were present at the public hearing; provided, however, that if the city council refers the matter back to the commission, the city council shall adopt a resolution of decision within 14 days following the conclusion of a public hearing held by the city council to consider the commission’s report.

(D) A resolution of the city council deciding a review or appeal may affirm, reverse, modify, limit or condition the action of the commission.

(E) A resolution of the city council deciding a review or appeal shall state the findings on which the decision is based and shall state with particularity any limitations or conditions imposed; provided, however, that a resolution of the city council referring the matter back to the commission need not state any findings, limitations or conditions.

(F) If the city council does not adopt a resolution within the time prescribed, or if there is a tie vote of the members of the city council present at the public hearing, the action of the commission shall be reinstated and given effect, and no further action thereon shall be taken by the city council.

(`64 Code, Sec. 34-156) (Ord. No. 917, 1446, 2367, 2445, 2482)

Not later than ten days following the day on which the decision of the council is rendered, the clerk shall mail a copy of the resolution to the appellant, the applicant and the commission. (`64 Code, Sec. 34-156.1) (Ord. No. 917, 2367, 2445)

After rendition, such decision shall become final and conclusive and cannot thereafter be reconsidered or modified or vacated except as herein provided.

(`64 Code, Sec. 34-156.2) (Ord. No. 917)

(A) Any special use permit heretofore or hereafter granted may be revoked by the commission, after a public hearing has been held with notice given as provided in section 16-537, for any of the following reasons:

(1) Where any permit or condition of the special use permit has not been complied with;

(2) Where the property subject to the special use permit or any portion thereof is used or maintained in violation of any statute, ordinance, law or regulation;

(3) Where the use for which the special use permit was granted has not been exercised for at least 12 consecutive months or has ceased to exist or has been abandoned;

(4) Where the use for which the special use permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

(5) Where the applicant made a false or erroneous statement in a material matter either in the application for the special use permit or in testimony before the commission or the city council upon appeal.

(B) After revocation of a special use permit, the property affected thereby shall be subject to the regulations of the applicable zone classification.

(C) A decision of the commission or city council not to revoke a special use permit whenever cause therefor exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation. (`64 Code, Sec. 34-157) (Ord. No. 917, 1046, 1087, 2367, 2445)

(A) A special use permit shall expire 36 months from the date of issuance if the use, building, structure, or other improvements for which the permit has been issued has not been established or commenced in compliance with the issued permit or unless a time extension is approved. If the approved application is not used within the time limit, the approval becomes null and void.

(B) Notwithstanding subsection (A), above, where an application, including required fees, requesting an extension is timely filed prior to such expiration date, the Director may approve a one-time extension of the time limit in subsection (A), above, for a period of not to exceed one year. In considering a time extension, the review authority must make the following findings:

• (1) The granting of the extension must be based upon a finding of good cause.

• (2) All original findings for approval can still be made.

• (Ord. No. 3039)