Chapter 18.74 — CONDITIONAL USE PERMITS

The purpose of the conditional use permit is to allow the proper integration into the community of uses that may be suitable only in specific locations in the zoning district or only if such uses are designed or laid out on the site in a particular manner. A conditional use permit shall be required for all uses as listed as conditional uses in the district regulations or elsewhere in this title that are hereafter created, changed, converted, or enlarged, either wholly or in part. In considering an application for a conditional use, the City Council shall give regard to the nature and condition of all adjacent uses and structures. In authorizing a conditional use, the City Council may impose such requirements and conditions with respect to location, construction, maintenance and operation, and

site planning, in addition to those expressly stipulated in this chapter for the particular use, as it deems necessary for the protection of adjacent properties and the public interest. (Ord. 16-01 §2; Ord. 25-01, 2/18/2025)

In the course of reviewing multiple applications for a single land use and/or development project, such as applications regarding land use, site design, subdivision map, variance, and the like, are best served by consolidating those reviews and actions into a single land use entitlement permit. Therefore, when a land use and/or development project applies for two or more related permit applications for discretionary approval on one parcel or several adjacent parcels, the City may combine, at the discretion of the City Planner, those reviews and permits into a conditional use permit for properties not regulated by a coastal zone overlay. The following permits are subject to inclusion within a conditional use permit:

1. Site plan permit;

2. Design permit;

3. Planned unit development permit;

4. Variance;

5. Tentative subdivision map approval.

(Ord. 16-01 §3; Ord. 25-01, 2/18/2025)

Application shall be made to the City Council on a form prescribed for the purpose by the City. The application shall be signed by the person applying for the conditional use permit or his/her duly authorized agent; provided, that if this person is not the owner of the subject property, then the application shall be countersigned by the property owner or his/her duly authorized agent to indicate knowledge of the contents of the application. Conditional use permit, revocable, conditional or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Granting of a conditional use permit does not exempt the applicant from complying with the requirements of the building code or other applicable sections of this title.

(Ord. 84-1 §36-5(a); Ord. 25-01, 2/18/2025)

Before a conditional use permit shall be granted, the City Council shall find:

• A. The proposed use is consistent with the general plan and any applicable specific plan or area plan;

• B. The proposed use is consistent with applicable provisions of the Zoning Ordinance and other applicable Municipal Code provisions including access, circulation, parking supply, utilities including water supply;

• C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity;

• D. The site is physically suitable for the type, density and intensity of use being proposed, including the absence of physical constraints that would impede proposed use of the property in a manner consistent with these findings;

• E. Granting the permit would not be detrimental to the public health, safety, or welfare of the persons residing or working in the subject neighborhood, or materially detrimental or injurious to property or improvements in the vicinity and zoning district in which the property is located; and

• F. The proposed use has been evaluated pursuant to, and findings adopted in accordance with, relevant provisions of the California Environmental Quality Act.

• (Ord. 25-01, 2/18/2025)

The application fee shall be set by the Council in an amount consistent with the actual cost of processing an application. No part of such fee shall be refundable. (Ord. 84-1 §36-5(b); Ord. 25-01, 2/18/2025)

The application shall be accompanied by such maps and drawings necessary to demonstrate that conditions set forth herein are fulfilled.

(Ord. 84-1 §36-5(c); Ord. 25-01, 2/18/2025)

The City Council shall set the matter for public hearing not less than 30 days after date of application. Notice of the action shall be posted in a local newspaper of general circulation not less than 10 days prior to the date of such hearing. Failure to read notice of hearing shall in no way affect the validity of the action taken.

(Ord. 84-1 §36-5(d); Ord. 25-01, 2/18/2025)

Provided that the City Council is satisfied that the proposed structure or use conforms to the requirements and the intent of this division and the general plan, that any additional conditions stipulated by the City Council as deemed necessary in the public interest will be met, and that such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community, the City Council shall approve the issuance of a conditional use permit.

(Ord. 84-1 §36-5(e); Ord. 25-01, 2/18/2025)