Chapter 18.124
CONDITIONAL USE PERMIT
Sections:
18.124.010 Conditional use permit procedure.
18.124.020 Application—Submittal.
18.124.030 Application—Filing procedures.
18.124.040 Application—Fee.
18.124.050 Public hearing and notice.
18.124.060 Decision on conditional use permit applications.
18.124.070 Findings and conditions.
18.124.080 Effective date.
18.124.090 Revocation, suspension, extension, transferability and duration.
18.124.010 Conditional use permit procedure.
Conditional use permits may be applied for and granted by the Zoning Administrator or the Planning Commission pursuant to the provisions of this chapter of the Zoning Title. (Ord. 977 § 1 Ex. A (part), 1987)
18.124.020 Application—Submittal.
A conditional use permit may be applied for by the owner of record of property for which the conditional use permit is sought, or, by the owner’s representative as authorized in writing if one other than the owner is the applicant. If the application is made by the owner’s representative, proof, satisfactory to the Director of Planning, of the right to use and possess the property as applied for, shall accompany the application. (Ord. 1174 § 1, 1995: Ord. 977 § 1 Ex. A (part), 1987)
18.124.030 Application—Filing procedures.
Application for a conditional use permit shall be filed with the Planning Department on a form prescribed by the Planning Department and shall contain the following:
A. A description and map showing the location of the property for which the conditional use permit is sought;
B. The name and address of the applicant and/or owner;
C. Plans and/or descriptions of existing and proposed uses on the property and describing in detail the nature of the use proposed to be conducted on the subject property;
D. Such additional information as the Zoning Administrator may deem necessary. (Ord. 1319 § 44, 2003; Ord. 977 § 1 Ex. A (part), 1987)
18.124.040 Application—Fee.
Conditional use permit application shall be accompanied by a nonrefundable fee as prescribed in the municipal fee schedule. (Ord. 977 § 1 Ex. A (part), 1987)
18.124.050 Public hearing and notice.
A. Upon receipt of a complete application for a conditional use permit which may be issued by the Zoning Administrator, the Planning Department shall set a date for a public hearing.
B. Upon receipt of a complete application for a conditional use permit which must be issued by the Planning Commission, the Planning Department shall set a date for a public hearing.
C. Notice of a public hearing as required by this chapter shall be mailed, at least ten days prior to the date of the hearing, to the applicant and to each owner of record of property within a three-hundred-foot radius of the exterior boundaries of the subject property. Compliance with the procedures set forth in this chapter shall be deemed sufficient notice to allow the City to proceed with the hearing and action, regardless of actual receipt by any record owner.
D. The notice of public hearing as required in this chapter shall contain the following:
1. A statement of the general location of the property involved and the nature or purpose of the application;
2. A statement of the date, time, place and purpose of the hearing;
3. Reference to the application on file for particulars, including any environmental impact assessment prepared in connection with the application;
4. A statement that any interested person, or agent thereof, may appear and be heard. (Ord. 1319 § 45, 2003; Ord. 977 § 1 Ex. A (part), 1987)
18.124.060 Decision on conditional use permit applications.
A. Zoning Administrator. At the time and place set for a public hearing before the Zoning Administrator, evidence shall be heard for and against such application. The Zoning Administrator may continue any hearing from time to time, and at the conclusion of the original or continued public hearing, the Zoning Administrator shall make findings and shall render a decision on the application, which in his/her opinion is supported by the evidence contained in the application or presented at the hearing. Notice of the decision of the Zoning Administrator shall be mailed to the applicant and to any other person requesting such notice.
B. Planning Commission. At the time and place set for a public hearing before the Planning Commission on an application for a conditional use permit, it shall hold a public hearing. The Planning Commission may continue any hearing from time to time, and, at the conclusion of the original or continued public hearing, make findings and render its decision. (Ord. 1319 § 46, 2003: Ord. 977 § 1 Ex. A (part), 1987)
18.124.070 Findings and conditions.
A. The Zoning Administrator or the Planning Commission, as applicable, may grant a conditional use permit in accord with this title if, from the application or the facts presented at the public hearing, he/she or it finds:
1. The proposed use at the proposed location will not be detrimental or injurious to persons, property or improvements in the vicinity, and will not be detrimental to the public health, peace, safety, comfort, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the General Plan and the purposes of that plan and this title.
B. The Zoning Administrator of the Planning Commission, as applicable, may impose such reasonable conditions or restrictions including, but not limited to, time limits, review of performance and performance standards, as he/she or it deems necessary to secure the purpose of this title and to assure operation of the use in a manner compatible with existing and potential uses of adjoining properties and in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1319 § 47, 2003: Ord. 977 § 1 Ex. A (part), 1987)
18.124.080 Effective date.
A. A conditional use permit shall take effect ten days following the date of the decision, unless an appeal is filed as provided in and pursuant to the appeals chapter of this title.
B. No building permit or Code Compliance Certificate may be issued until the expiration of such period or the determination of all appeals, which occurs last. (Ord. 977 § 1 Ex. A (part), 1987)
18.124.090 Revocation, suspension, extension, transferability and duration.
A. In any case where the conditions of a conditional use permit have not been or are not being complied with, or the terms of any law or ordinance are violated in connection therewith, the Zoning Administrator shall give notice to the permittee of the intention to suspend or revoke the conditional use permit and, at least ten days following the mailing of such notice, the Planning Commission shall conduct a hearing thereon. Following the hearing, the Planning Commission shall submit its recommendations to the City Council, upon which the Council shall act.
B. A conditional use permit which has not been used within one year following the effective date thereof shall become null and void.
C. A valid use permit granted pursuant to this chapter shall be transferable to successive owners of the site for which the use permit is granted, unless the condition or conditions of use have been rendered nonconforming and ceased for a continuous period of six months or longer so as to be considered abandoned. (Ord. 1319 § 48, 2003; Ord. 1196 § 1, 1995; Ord. 977 § 1 Ex. A (part), 1987)