Chapter 18.46
CONDITIONAL USE PERMITS

Sections:

18.46.010    Authorized.

18.46.020    Repealed.

18.46.030    Uses permitted subject to a conditional use permit.

18.46.040    Procedure.

18.46.050    Revocation or amendment.

18.46.060    Conditional use permits for buildings within planned rights-of-way.

18.46.070    Deleted.

18.46.080    Discontinuation of use.

18.46.010 Authorized.

Uses listed in the zones and sections of this title as being permitted subject to a conditional use permit may be so permitted in accordance with the provisions of this chapter. (Ord. 1738 § 46 (part), 2012: prior code § 10-3.2301)

18.46.030 Uses permitted subject to a conditional use permit.

A. All uses listed in the respective zones as permitted subject to a conditional use permit may be permitted subject to the provisions of this chapter.

B. (Repealed).

C. The following uses may be permitted pursuant to this section in the zones specified with a conditional use permit. In no case shall a conditional use permit be granted in a zone for a use specifically prohibited in a zone within which the subject property is located:

1. Cemeteries, columbariums, mausoleums and crematories in the C-3, C-4, M-1 and M-2 zones;

2. Equestrian establishments (academies, schools and amusements) in the M-1 and M-2 zones;

3. Establishments and enterprises involving large assemblages of people or automobiles in the C-M, C-3, C-4, M-1 and M-2 zones, including:

a. Amusement parks;

b. Circuses;

c. Fairgrounds;

d. Open-air theaters;

e. Recreational centers privately operated; and

f. Stadiums;

4. Golf courses in the M-1 and M-2 zones;

5. Greenhouses or lath houses larger than two hundred square feet in area, plant nurseries and the commercial raising of nursery stock in the M-1 and M-2 zones;

6. Radio and television transmitters in any zone;

7. Governmental facilities, other than office buildings, in any zone;

8. Public utility structures and installations in any zone;

9. Uses which are not specifically listed which in no way are detrimental to surrounding properties or uses permitted in the zone and which are not permitted as a similar use;

10. Mobile home parks in the R-3 and R-4 zones; provided, that:

a. The development of the mobile home park shall meet all the minimum standards set forth in Title 25 of the California Code of Regulations;

b. The minimum size of the park shall be three acres;

c. A minimum of two parking spaces per mobile home shall be provided, one covered and one open with guest parking provided at ten percent of the total required parking;

d. A minimum of one refuse enclosure five feet by seven feet in dimensions shall be provided on the park site;

e. The name and space of the resident management shall be clearly identified upon the directory and also the unit;

f. Signs as follows:

i. One identification sign with a maximum area of twenty square feet; and

ii. One mobile home park directory with a maximum area of twenty-four square feet; and

g. Any other conditions the commission deems necessary shall be met;

11. Recreational vehicle storage facilities in the C-3, C-4, M-1 and M-2 zones; provided, that:

a. The minimum size of the lot shall be no less than one-half acre;

b. A decorative masonry fence eight feet in height shall be installed around the perimeter of the site;

c. All setback requirements required by the provisions of this code shall be complied with. Where no such requirements are applicable, a minimum ten-foot landscaped setback shall be provided on all sides of the lot fronting a street;

d. The facility shall be properly lighted and all lighting standards shall be hooded and directed away from residential properties;

e. A security alarm system shall be installed to the satisfaction of the police and fire departments;

f. The address of the property, as well as the name, address, and telephone number of the owner or his agent, shall be clearly designated for use in case of an emergency;

g. Fire suppression equipment and devices shall be provided and properly maintained on the premises to the satisfaction of the fire department;

h. No repair or maintenance work on vehicles shall be permitted on the premises;

i. A resident caretaker may be permitted on the premises; and

j. All utilities shall be underground;

12. Covered mall buildings in the C-R, C-P, C-2, C-3, C-4, M-1 and M-2 zones, provided they meet the following and all other applicable code requirements:

a. Each store shall have a gross leasable area of not less than six hundred square feet. For a covered mall building containing one hundred thousand square feet or more, up to fifteen percent of the gross leasable area may, upon conditional approval by the city, be leased or subleased to individual tenants with less than the minimum six hundred square feet space requirement; provided, that each tenant space shall not be less than three hundred square feet. Nothing herein is meant to prohibit kiosks or carts in the pedestrian areas of such buildings;

b. Except for anchor store(s), movie theater(s), financial institution(s), and restaurant(s) with not less than five thousand square feet of gross leasable area, no other store in a covered mall building shall have direct public access directly from the exterior of the building. For purposes of this section, an “anchor store” is an exterior perimeter department store, drugstore, supermarket or major tenant with a gross leasable area of not less than twenty thousand square feet having direct access to a covered mall building but having all required exits independent of a mall;

c. Each store shall have a storefront of not less than fifteen feet in width;

d. Dining and food service establishments shall constitute not more than fifteen percent of the gross floor area of the entire covered mall building;

e. Loading and unloading docks shall be designed and/or screened so as not to be visible from any public right-of-way;

f. Ten feet of fully landscaped setback area shall be provided for each story of a covered mall building. Such setback area shall be located on all sides of the lot fronting on a public right-of-way;

g. Except for anchor store(s), movie theater(s), financial institution(s), and restaurant(s) with not less than five thousand square feet of gross leasable area, no other store in a covered mall building shall be allowed signs so as to be visible from any public right-of-way or adjacent properties;

h. All aisle widths, common and tenant area improvements, emergency and secondary access shall comply with the requirements of the Uniform Building Code and all other applicable codes;

i. Whenever security doors are provided for a store in a covered mall building, such doors shall not be visible from common areas of the covered mall during business hours. “Common area” is defined as the total area within the covered mall that is not designed for rental to tenants but that is available for common use by all tenants or groups of tenants, their customers, vendors, and visitors, including but not limited to parking areas, malls, sidewalks, landscaped areas, public toilets, truck and service facilities and the like;

j. Five bicycle parking racks at each mall entrance shall be provided;

k. Exterior landscaping shall be provided in accordance with Section 18.40.090. Interior landscaping of not less than five percent of interior common areas shall be provided;

l. Any other conditions the commission deems necessary;

m. Each store shall be separated from other stores by a wall extending from the floor to the underside of the ceiling above;

13. Large collection facilities in the M-1 and M-2 zones, provided:

a. Facilities shall not be located within one hundred fifty feet from property zoned for residential use or be located on a major collector or arterial street.

b. Facility operations and equipment shall be within an enclosed building.

c. Landscape setbacks of at least ten feet shall be required along all street frontages, except alleys.

d. Temporary storage of material shall be completely concealed from view from the public right-of-way and adjoining properties.

e. Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

f. Space shall be provided on site for customers to circulate, park and deposit recyclable materials. Space shall be provided on site for six vehicles or the anticipated peak customer load, whichever is greater. Parking space sizes, aisle widths and other areas designed for vehicle use shall meet all applicable standards listed in Chapter 18.22.

g. One parking space shall be provided for each commercial vehicle operated by the recycling facility and one parking space shall be required for each employee on the largest shift.

h. Noise levels shall not exceed fifty-five dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed sixty dBA.

i. If the facility is located within five hundred feet of property zoned for or occupied by a residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

j. Any containers provided for after-hours donation of recyclable materials will be at least one hundred fifty feet from any property zoned for or occupied by a residential use provided there is acoustical shielding from any residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. Containers for after-hours donation of recyclable material with no acoustical shielding from residential uses shall be located at least three hundred feet from such residential uses.

k. Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling container.

l. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; directional signs, bearing no advertising message, may be installed with the approval of the planning commission if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

m. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through the conditional use permit process by the planning commission subject to meeting noise and all other applicable standards in this section.

n. In addition to the conditional use permit required by this section, the applicant must also obtain a permit in accordance with Chapter 5.60;

14. Processing facilities in the M-1 and M-2 zones; provided, that:

a. Facilities shall not be located on a major collector or arterial streets, within one hundred feet of property zoned for or occupied by a residential use;

b. All facilities operations and equipment shall be within an enclosed building;

c. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;

d. A light processing facility shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers;

e. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

f. Landscape setbacks of at least ten feet shall be required along all street frontages, except alleys;

g. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, or may be baled or palletized. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire department. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

h. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;

i. Space shall be provided on site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of ten customers or the peak load, whichever is greater;

j. One parking space shall be provided for each commercial vehicle operated by the processing center and one parking space shall be required for each employee on the largest shift;

k. Noise levels shall not exceed fifty-five dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed sixty dBA;

l. If the facility is located within five hundred feet of property zoned for or occupied by a residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open;

m. Any containers provided for after-hours donation of recyclable materials shall be at least one hundred fifty feet from any property zoned for or occupied by a residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

n. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display notice stating that no material shall be left outside the recycling containers;

o. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; directional signs, bearing no advertising message, may be installed with the approval of the planning commission if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

p. No dust, fumes, smoke, vibration or odor may be detectable on neighboring properties;

15. Hotels and motels in the C-3, C-4, M-1 and M-2 zones; provided, that:

a. The minimum lot area for hotels or motels shall be one acre exclusive of all other buildings or uses located on the same lot in a mixed use development;

b. The minimum lot width for hotel or motel developments shall be one hundred feet. The minimum lot depth shall be one hundred fifty feet;

c. A minimum of twenty feet front yard setback shall be provided, and not less than twenty percent of the total paved area utilized for driveways and open parking shall be landscaped pursuant to regulations set forth in Section 18.40.090;

d. A parking demand/traffic impact study, paid for by the proponent of a hotel/motel, has been prepared by a qualified traffic engineer;

e. A market analysis/financial feasibility study, paid for by the proponent of a hotel/motel, has been prepared by a qualified consultant;

f. The engineer/consultant preparing the studies required by subsections C(15)(d) and (e) of this section shall be from a list of engineers and consultants approved by the community development department;

g. Not more than twenty percent of the guest rooms shall be equipped with kitchens or kitchenette facilities;

16. Churches in the M-1 and M-2 zones; provided, that:

a. A church shall be the sole use on a recorded parcel with direct access to a public right-of-way such as a street or highway;

b. No residential use such as a rectory, convent, parsonage, or minister’s residence shall be permitted on church property;

c. No uses such as religious classes, child care, day care or school that may be ancillary to the church shall be permitted on church premises;

d. Parking for church and all ancillary areas such as offices or assembly areas shall comply with Chapter 18.40;

17. Self-storage facilities in the C-4, M-1, and M-2 zones; provided, that:

a. Minimum lot area shall be not less than one acre.

b. At least forty feet of clear, unobstructed driveway depth will be provided from the road to the primary access gate or principal entry point of the facility.

c. Interior drive aisle widths shall be not be less than twenty-five feet.

d. Facility layout, design, and exterior building materials and treatment for all structures including, but not limited to, fences, walls, gates, buildings, and landscaping shall be of high quality and be aesthetically pleasing when viewed from adjacent properties and the public right-of-way.

e. Buildings shall be designed and located so that overhead doors and the interior driveways within such facilities are not visible from the adjacent public right-of-way. This provision does not apply to overhead doors that are within an enclosed self-storage building and that are visible only through windows of the building.

f. No door openings for any storage unit shall be visible at ground level from any residentially zoned property.

g. All buildings and structures shall be set back a minimum of ten feet from the front property line; such setback area shall be totally landscaped with lawn, shrubbery, trees, and/or flowers. There shall be at least one twenty-four-inch boxed tree for every twenty feet of property frontage.

h. All fences or walls visible from the public right-of-way shall be constructed of decorative building materials such as slump stone masonry, concrete block, wrought iron, or other similar materials.

i. Boats, campers, recreational vehicles, and travel trailers may be stored outside of an enclosed building, but only in an area designated for such outside storage on an approved site plan and not visible from the public right-of-way or adjacent property when viewed from the ground level.

j. A resident manager unit not to exceed nine hundred square feet in size may be permitted; provided, it is for the exclusive use of the resident manager of the facility and one other adult. Such unit shall be integrated into the storage facility.

k. The resident manager shall be responsible for ensuring compliance with all conditions of approval; occupancy of the residential unit shall immediately cease upon termination or cessation of the self-storage use or operation;

18. Warehouses as defined in Section 18.04.476 in the M-1 and M-2 zones, subject to the following requirements:

a. Loading and unloading. Loading and unloading activities shall take place in areas designed and permanently designated solely for such purpose;

i. Loading spaces shall be designed so as to permit vehicular and truck traffic to move into and out of the loading spaces without backing into or upon a street;

ii. Truck loading areas shall be screened from public view by an eight-foot-high wall, accessory structures, or landscaping and foliage so arranged as to conceal the loading facility;

b. Setbacks. Landscape setbacks of at least ten feet shall be required along all street frontages, except alleys;

c. Fencing. Barbed wire shall not be used in areas visible to the public;

d. Driveways. Driveways must be at least forty-five feet wide;

e. Parking. Customer parking must be separate from truck parking and loading areas;

f. Applicant shall be required to pay an annual service impact fee to be imposed in accordance with the Mitigation Fee Act (Government Code Section 66000 et seq.);

19. Check cashing in the C-3 and C-4 zones, when located at least five thousand feet from another check cashing and/or pawn shop;

20. Pawn shops in the C-3 and C-4 zones, when located at least five thousand feet from another pawnshop and/or check cashing business;

21. Motor vehicle dealerships, including accessory repair facilities, shall be permitted in the C-3 and C-4 zones, subject to the following requirements:

a. Applicability. All motor vehicle dealerships shall comply with the development standards of the C-3 zone and with this section.

b. Minimum Lot Size. The minimum lot size shall be three acres for dealerships of new motor vehicles, and one acre for dealerships of used motor vehicles provided there are no repair facilities on the premises of a dealership of used motor vehicles.

c. Parking and Vehicle Storage.

i. There shall be separate areas designated for employee and customer parking which shall not be used for vehicle storage or display.

ii. Rooftop storage of vehicles is permitted provided such storage shall be screened from public view.

iii. No vehicles to be repaired shall be parked or stored on any public street or alley.

d. Loading and Unloading. Loading and unloading of vehicles is permitted only in accordance with this subsection. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection.

i. Loading and unloading of vehicles is limited to the hours of 8:00 a.m. to 5:00 p.m. Monday through Saturday, excluding legal holidays.

ii. Loading and unloading shall not block the ingress or egress of any property.

e. Test driving shall not be conducted on residential streets or alleys. For the purposes of this subsection, streets which are designated by the city as major collector streets shall be permissible areas for test driving. Each dealership operator shall have an affirmative obligation to inform all its personnel of this requirement and to ensure compliance with it.

f. Circulation. The location of entries and exits from dealerships shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into an alley or other public way.

g. Noise Control.

i. There shall be no outdoor loudspeakers or amplified sound. Interior loudspeakers shall produce no more than forty-five dBA at a boundary abutting or adjacent to a residential parcel, under normal operating conditions (e.g., with windows open if they are likely to be opened).

ii. All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before 8:00 a.m. or after 6:00 p.m. if reasonably likely to cause annoyance to abutting or adjacent residences.

h. Hours of Operation. Unless otherwise approved by the planning commission or city council, if the dealership is within one hundred feet of a residential zone or use, operation of the dealership shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

22. Stand-alone automobile repair facilities in the M-1 and M-2 zones, provided they are not located on arterial or major collector streets and subject to the following requirements:

a. Applicability. Each automobile repair facility, including one which is part of and incorporated within an automobile dealership, shall conform to the property development standards of the zone in which it is to be located, and with this subsection.

b. Minimum Lot Size. The minimum lot size for automobile repair facilities not associated with motor vehicle dealership shall be fifteen thousand square feet.

c. Structures. Entrances to individual service bays shall not face abutting residential uses or public right-of-way.

d. Repair Activities. Except as provided herein, all repair activities and operations shall be conducted entirely within an enclosed building.

e. Enclosure. Automobile repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials and doors in maximum half open position during operating hours. All painting shall occur within a fully enclosed booth.

f. Hours of Operation. In all zones, except on parcels which are more than one hundred feet from a residential use, no work shall be performed on automobiles between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday, and no work shall be performed on Sundays.

g. Litter. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. Except as provided herein, no used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building. Reusable or recyclable automobile parts may also be stored in containers measuring no greater than six feet in width by nine feet in length by six feet in height.

h. Storage. An exterior parking area shall be used for employee and customer parking only and not for the repair or finishing work or long-term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or in any alley.

i. Test Driving. All road testing shall be conducted only on streets designated by the city as major collector streets. Each automobile repair facility operator shall notify its employees of this restriction and shall ensure employees adhere to the plan.

j. Vehicles Awaiting Repair and Disassembled Vehicles. Vehicles awaiting repair shall be parked in a screened area or inside the building, including those towed to the facility. The hoods of vehicles awaiting parts or repair shall remain closed at all times while work is not being performed;

23. Automobile service stations, including accessory repair facilities, in the C-3, C-4, M-1 and M-2 zones, subject to the following requirements:

a. Applicability. The provisions of this subsection shall apply to all new stations and to all existing stations at such time as existing service stations may come before the city for expansion or remodeling requiring any permit from the city.

b. Minimum Lot Size. The minimum lot size for new stations shall be not less than one acre.

c. Minimum Street Frontage. Each parcel shall have a minimum street frontage of one hundred fifty feet on each abutting street.

d. Setbacks. No building or structure shall be located within thirty feet of any public right-of-way or within twenty feet of any interior parcel line.

e. Gasoline Pumps. Gasoline pumps shall be at least fifteen feet from any property line and a minimum of twenty feet from any public right-of-way.

f. Walls. Service stations shall be separated from an adjacent property by a decorative masonry wall of not less than six feet in height.

Materials, textures, colors and design of all walls shall be compatible with service station design and adjacent properties. No wall required to be erected and maintained by this subsection shall be constructed within ten feet of a driveway entrance or vehicle accessway opening onto a street or alley which would obstruct a cross view of pedestrians on the sidewalk, alley or elsewhere by motorists entering or standing on the parcel.

g. Access and Circulation. No more than two driveways shall be permitted on any one street frontage. Access to on-site self-serve car wash facility shall not be located within fifty feet of a residentially zoned property.

h. Parking. Customer and employee parking shall not be utilized for automobile repair, finishing work or storage of vehicles. No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, driveways or alleys, and no vehicle may be parked on the premises for the purpose of offering it for sale.

i. Air and Water. Each service station shall provide air and water to customers without charge and at a convenient location during hours when gasoline is dispensed.

j. Restrooms. Each service station shall provide men’s and women’s public restrooms, which are accessible to the general public including the physically disabled during all hours the service station is open to the public. Restrooms shall be attached to a structure on site with entrances or signage clearly visible from the gasoline service area or cashier station and concealed from view of adjacent properties by planters or decorative screening and shall be maintained on a regular basis.

k. Mini-Markets. Mini-markets may be permitted on the site of a service station subject to the following development standards:

i. One on-site parking space for each one hundred fifty square feet of retail space shall be provided in addition to the required parking spaces for the service station.

ii. The mini-market shall be designed with materials compatible with the service station and surrounding properties.

iii. Arcade or game machines or other coin-operated electronic machines shall be prohibited.

l. Refuse Storage and Disposal. Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked or wrecked vehicles, may be stored outside the main building.

m. Equipment Rental. No rental of equipment such as trailers and trucks shall be permitted, nor shall the storage and parking of such trailers and trucks;

24. Car wash facilities in the C-3, C-4, M-1 and M-2 zones, subject to the following requirements:

a. Minimum Lot Size. The minimum lot size for car wash facilities shall be not less than one acre, except for self-serve facilities located on the premises of an automobile service station.

b. Setbacks. Unless otherwise approved by the planning commission, no building or structure for an automobile washing facility shall be located within thirty feet of any public right-of-way or within twenty feet of any interior parcel line.

c. Access. No more than two driveways shall be permitted on any one street frontage, provided the property frontage is not less than one hundred fifty feet. Access to the washing area shall not be located within fifty feet of a residentially zoned property.

d. Parking. Queuing lanes shall be provided to accommodate a minimum of five vehicles per lane, and an area designated for vacuuming and hand drying of vehicles. No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, driveways, or alleys.

e. Restrooms. Except for self-service automobile washing facilities, each automobile washing facility shall provide men’s and women’s restrooms, which are accessible to customers, including the physically disabled, during all hours the establishment is open to the public. Restrooms shall be attached to a structure on site with entrances or signage visible from the waiting area or cashier station, shall be maintained on a regular basis, and concealed from view of adjacent properties by planters or decorative screening.

f. Location of Activities. All washing, waxing, machine drying and related activities and operations shall be conducted entirely within an enclosed service building, except vacuuming and hand drying of vehicles.

g. Refuse Storage and Disposal. Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked or wrecked vehicles, may be stored outside the main building.

h. Hours of Operation. If located within one hundred feet of a residential use, operation of the establishment shall be limited to 8:00 a.m. to 9:00 p.m. seven days a week.

i. Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems;

25. Building supply centers in the M-1 and M-2 zones, subject to the following requirements:

a. The minimum lot size for building supply centers shall be not less than one acre.

b. To the extent possible, all material, supplies and equipment shall be located within an enclosed building.

c. Screening. Any outside stored building supplies, tools, and equipment shall be stored in an especially designated area, which shall be screened from public view.

d. Parking. Customer and employee parking shall not be utilized for storage of building supplies, tools, and equipment.

e. Refuse Storage and Disposal. Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. Used or discarded supplies, parts or equipment, or permanently disabled, junked or wrecked equipment or tools shall not be stored outside the main building.

f. Loading and unloading of supplies and equipment is permitted only in accordance with this subsection. The business operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection.

i. Loading and unloading of supplies and equipment is limited to the hours of 8:00 a.m. to 5:00 p.m. Monday through Saturday, excluding legal holidays.

ii. Loading and unloading areas shall be clearly delineated and located so as not to block the ingress or egress of any property.

g. Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems;

26. Self-service laundromats in the C-2, C-3 and C-4 zones, subject to the following requirements:

a. Minimum Size. Laundromats’ tenant space shall be not less than three thousand square feet.

b. Vending Machines. Coin-operated vending machines may be permitted on the premises of a laundromat for the purpose of dispensing detergents and pre-packaged snacks such as candies, nuts, soft drinks and bottled water.

c. There shall be at least one employee of the laundromat present at all times during the business hours;

27. Small collection facilities, no larger than five hundred square feet in size and in conjunction with a market that is in compliance with the provisions of the city zoning, building and fire codes and does not reduce the available parking spaces below the minimum number required for the primary use in the C-3, C-4, M-1 and M-2 zones;

28. Massage establishments that are not otherwise exempt from this requirement pursuant to Chapter 5.48 in the C-P, C-2, C-3, and C-4 zones subject to the following:

a. The application shall include a detailed floor plan drawn to scale showing: entrances; exits; windows; interior doors; restrooms; all other separately enclosed rooms with dimensions, including but not limited to closets, storerooms, break rooms, and changing rooms; and location of massage tables and chairs. The floor plan shall be in feet and inches and labeled in English; and

b. For purposes of considering a CUP, the planning commission may take into account the number of other massage establishments in the vicinity as part of determining compatibility. (Ord. 1766 § 4, 2016; Ord. 1757 § 11, 2015; Ord. 1738 § 46 (part), 2012: Ord. 1683 §§ 74, 75, 2006; Urg. Ord. 1682; Ord. 1666 §§ 32 – 40, 2005; Ord. 1667 §§ 32 – 40, 2004; Ord. 1661 § 2, 2004; Ord. 1598 § 5, 2000; Ord. 1597 § 5, 2000; Ord. 1577 § 3, 1999; Ord. 1526 § 2, 1997; Ord. 1517 §§ 23, 24, 1997; Ord. 1483 § 7, 1994; prior code § 10-3.2303)

18.46.040 Procedure.

The procedures for obtaining a conditional use permit shall be as follows:

A. Applications.

1. Filing. Applications for a conditional use permit shall be filed by the owner of the property for which the permit is sought or by the authorized representative of the owner.

2. Form and Contents. The application shall be made on forms furnished by the city and shall be full and complete, and include such data as may be

necessary to assist in determining the validity of the request.

B. Filing Fees.

1. Applications for a conditional use permit shall be accompanied by the filing fee established by city council resolution for the purpose of defraying the costs of processing the application.

2. An application to amend or modify a previously approved conditional use permit shall be accompanied by a filing fee established by city council resolution to cover the costs of processing such application.

C. Staff Investigations shall be made of the facts bearing on the case to provide the information necessary for action consistent with the intent of this chapter.

D. Commission Hearings – Date – Notices.

1. The hearing date shall be set by the secretary of the commission after the application filed with the city has been determined to be complete.

2. Notice of the public hearing shall contain the time and place of the hearing and the location and proposed use of the subject property and shall be given as follows:

a. Newspaper Notices. Notice shall be published at least once in a newspaper of general circulation in the city not less than ten days before the date set for the hearing.

b. Written Notices. Written notices shall be mailed not less than ten days before the date set for the hearing to the owners and occupants of property within a radius of three hundred feet of the external boundaries of the property described in the application as are shown on the latest publicly available assessment roll of the county. The applicant shall furnish to the city a certified copy of the names and addresses of such owners on forms supplied by the city.

E. Commission Hearings – Notices.

1. Commission Hearings. Public hearings shall be conducted before the commission. The commission may establish its own rules for the conduct of public hearings, and the member of the commission presiding at such hearing is empowered to administer oaths to any persons testifying. In the event a hearing is noticed to commence at a given hour, and for any reason such hearing cannot be commenced at such hour due to other matters on the agenda for such meeting, or otherwise, the hearing may be commenced as soon as they reach the item on the agenda for such meeting.

The commission, may, when it deems such action necessary or desirable, continue hearings to a time and place certain, and such continuance and announcement thereof shall serve as sufficient notice of such continuance without further newspaper publication of the notice.

2. Records of Commission Hearings. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, and copies of all notices and affidavits of publication and records of action taken shall be a part of the permanent files of the case.

3. Commission Findings and Decisions. The decision of the commission shall be by a majority vote of the members of the commission present at the meeting. The decision shall be in written form and include the findings upon which the commission based its decision regardless of whether such decision is for approval or denial.

4. Notification of Council and Applicant. Not later than seven days after a decision is rendered by the commission, the secretary of the commission shall forward a copy of such decision to the council and to the applicant.

5. Standards for Issuance or Denial of Permits. In determining whether to issue or deny a conditional use permit, the commission shall consider the following factors:

a. The nature of the proposed use;

b. The compatibility of the proposed use with the surrounding area and land uses;

c. The distance between the proposed use and residential areas, schools, houses of worship, and parks;

d. The number of similar uses in the surrounding area and the distances between such uses and the proposed use;

e. The input of persons residing in the community regarding the proposed use and the community opposition;

f. The cumulative effect of the proposed use in the community;

g. Whether, under the circumstances of the particular application, the establishment and maintenance or operation of the use or building will be detrimental to the health, safety, peace, morals, comfort or 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;

h. Such other factors as the commission deems relevant and any other factors related to any of the factors set forth in this subsection E(5); and

i. Failure to satisfy any of the criteria set forth in this subsection E(5) can constitute the basis for the denial of a conditional use permit.

F. Commission Approval and Conditions. The commission, in granting a conditional use permit, shall find, by an affirmative vote of a majority of the members present at the meeting, as follows:

1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter;

2. That such use is necessary or desirable for the development of the community and is compatible with the surrounding uses; is in harmony with the general plan; is not detrimental to the surrounding properties, existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; and will not be detrimental to the public health, safety or welfare;

3. That the site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks, walls, fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood;

4. That the site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use; and

5. That the conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare. Such conditions may include:

a. Regulation of the use;

b. Special yards, spaces and buffers;

c. Fences and walls;

d. Surfacing of parking areas subject to city specifications;

e. Street, service road, or alley dedications and improvements or appropriate bonds;

f. Regulation of points of vehicular ingress and egress;

g. Regulation of signs;

h. Landscaping and the maintenance thereof;

i. Maintenance of the grounds;

j. Regulation of noise, vibration, odors and the like;

k. Regulation of time for certain activities;

l. A time period within which the proposed use shall be developed;

m. The duration of the use; and

n. Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.

G. Commission Denial. In the event the commission determines to deny a conditional use permit, the commission, by an affirmative vote of the majority of the members present at the meeting, shall recite its findings and reasons for denial. Such findings shall be based upon substantial evidence in view of the whole record to justify the ultimate decision.

H. Time Limits for Development. The subject property and the use granted under a conditional use permit shall be developed within a period of not to exceed twelve months from and after the date of granting such permit, and, if not so developed and utilized, such conditional use permit automatically shall become null and void at the expiration of such twelve month period.

The permittee may apply in writing to the Planning Commission for one extension of time, not to exceed six months, within which to develop and use such conditional use permit. Such application shall be made prior to the expiration of the utilization period. The application for such extension of time shall be in duplicate. When such an application for an extension is filed, a filing fee established by city council resolution shall be paid for the purpose of defraying the costs incidental to the processing of such extension. The commission, after due consideration, shall either grant or deny such extension of time for such development and use. Only one such extension shall be permitted.

I. Reapplications. Whenever an application is denied by the commission, the same or substantially the same application shall not be filed within a period of twelve months from and after the date of such denial. (Ord. 1738 §§ 47, 48, 2012; Ord. 1683 § 76, 2006; Urg. Ord. 1682; Ord. 1629 §§ 19, 20, 2003; prior code § 10-3.2304)

18.46.050 Revocation or amendment.

The commission may revoke or amend a conditional use permit for cause. A written notice of the intention to revoke shall be delivered to the permittee at least ten days before the hearing. A hearing shall be held before the commission prior to the revocation of the permit. If the commission revokes a permit, written findings setting forth the basis for its decision shall be adopted.

This section shall not apply to permits, which have lapsed pursuant to subsection H of Section 18.46.040. (Ord. 1683 § 77, 2006; Urg. Ord. 1682; prior code § 10-3.2305)

18.46.060 Conditional use permits for buildings within planned rights-of-way.

A conditional use permit may also be granted for:

A. Temporary structures within planned rights-of-way when the property owner applying for such permit signs an agreement with the city to remove any such temporary building or structure at his own expense whenever so requested by the city for street widening, opening or other reasons; and

B. Structures or improvements within planned rights-of-way upon evidence that the entire property of the appellant, of which the area of the planned right-of-way forms a part, cannot reasonably be used for a permitted use and yield a reasonable return to the owner without a new or improved structure within such planned right-of-way. (Prior code § 10-3.2306)

18.46.080 Discontinuation of use.

If a use permitted by a conditional use permit is discontinued for a period of one hundred eighty days, the permit shall be deemed to have lapsed and shall be null and void. (Ord. 1467 § 1, 1993: prior code § 10-3.2308)