Chapter 21.19 — CONDITIONAL USE PERMITS AND ADMINISTRATIVE USE PERMITS

A.

Purpose. The conditional and administrative use permit review and approval process is intended to apply to uses that are usually consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. Conditional use and administrative use permits, which may be revocable and conditional, are intended to provide sufficient flexibility in the use regulations to further the objectives of this zoning code and to provide the city with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.

B.

Applicability. Approval of a conditional use permit or administrative use permit is required for uses or developments specifically identified in Table 21.33.030-1, and/or any other section of this title that requires a conditional use permit or administrative use permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Conditional Use Permits. The planning commission shall act as the review authority for conditional use permits based on consideration of the requirements of this chapter.

B.

Administrative Use Permits. The zoning administrator shall act as the review authority for administrative use permits. The zoning administrator may, at his/her discretion, refer any application for an administrative use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the planning commission for decision. In that case, the application shall be processed as a conditional use permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An application for a conditional use permit or administrative use permit shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section

Initial review of the application, including time requirements and requests for

information, shall be as provided in Section 21.09.060 (Initial Application Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Conditional Use Permits.

The planning commission shall conduct a public hearing on an application for a conditional use permit before making a decision on the application to approve, approve subject to conditions, or deny the application.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.26 (Public Hearings and Notice).

B.

Administrative Use Permits. Before a decision on an administrative use permit is made, the city shall provide mailed notice as follows:

Notice Required.

a.

Public notice shall be mailed to every property owner and occupant within three hundred feet of the proposed project site. Such notice shall be mailed no less than ten business days prior to the scheduled zoning administrator's decision date and shall include information about the proposed project, the zoning administrator's pending decision, and information about when and how an appeal may be filed as set forth in Chapter 21.25 (Appeals and Calls for Review).

b.

The mailed notice shall state that the zoning administrator will decide whether to approve, approve subject to conditions, or deny the administrative use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

c.

Any written request for a hearing shall be based on issues of significance directly related to the application (such as provision of evidence that the request cannot meet one or more of the findings specified in Section 21.19.050 (Required Findings) below).

d.

If the zoning administrator determines that the evidence has merit and can be properly addressed by a condition(s) added to the administrative use permit approval, the zoning administrator may consider the permit without a hearing in compliance with Subparagraph 21.19.040(B)2.b., below.

Hearing.

a.

If a public hearing is requested and the provisions of Subparagraph 21.19.040(B)1.c., above, do not apply, a hearing before the zoning administrator shall be scheduled, noticed, and conducted in compliance with Chapter 21.26 (Public Notices and Hearings).

b.

If no public hearing is requested, the zoning administrator shall render a decision on or after the date specified in the notice referred to in Subparagraph 21.19.040(B)1.a., above.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The review authority may approve or conditionally approve a conditional use permit or administrative use permit only if it first makes all of the following findings:

A.

Consistency. The proposed use is consistent with the general plan and any applicable specific plan; and is allowed within the applicable zoning district, subject to the granting of a conditional use permit or administrative use permit, and complies with all other applicable provisions of this zoning code and the Municipal Code;

B.

Compatibility. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;

C.

Suitability.

The site is physically suitable in terms of:

a.

Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking;

b.

Streets and highways adequate to accommodate public and emergency vehicle (such as fire and medical) access;

c.

Public protection services (such as fire protection, police protection, etc.); and

d.

The provision of utilities (such as potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).

The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zoning district in which the property is located.

Housing Development Projects. For a project that is defined as a "housing development project" by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)), and any project evoking any provision of state law that references objective design standards for residential development, including but not limited to California Government Code Section 65589.5 (Housing Accountability Act) and California Government Code Section 65913.4 (SB 35):

a.

If the proposed project complies with all applicable objective general plan, zoning code, subdivision, and development standards including objective design review standards (Chapter 21.50), Finding B above is not required.

b.

If the proposed project does not comply with all applicable objective general plan, zoning code, subdivision, and development standards including objective design review standards (Chapter 21.50) and the project has chosen an alternative, discretionary development review path, Finding B above shall be required.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In approving a conditional use permit or administrative use permit, the review authority may impose conditions deemed necessary to ensure compliance with adopted standards or the findings required by Section 21.19.050 (Required Findings) and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A conditional use permit or administrative use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

For projects that require both a conditional use permit and a development plan, these applications may be consolidated with one combined set of conditions of approval and one approval resolution.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Expansion of Uses. No expansion of uses or services as described in the original application shall be allowed unless a new or amended conditional use permit or administrative use permit, as applicable, is first filed and approved for the proposed expansion, in compliance with this chapter.

B.

Extensions, Amendments, and Appeals. The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a conditional use permit or administrative use permit application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)