Chapter 18.25
CONDITIONAL USES
Sections:
18.25.020 Powers of City Planning Commission.
18.25.030 Application and fee.
18.25.040 Public hearing – Notice.
18.25.050 Public hearing – Procedure.
18.25.060 Investigation and report.
18.25.070 Action by City Planning Commission.
18.25.090 Criteria for multi-tenant, freeway-oriented signs.
18.25.110 Review by City Council.
18.25.120 Lapse of use permit.
18.25.130 Preexisting conditional uses.
18.25.140 Grounds for revocation or suspension.
18.25.150 Procedure for revocation, suspension or modification.
18.25.160 Use permit to run with the land.
18.25.170 Notation on zoning map.
18.25.010 Purposes.
In order to provide the flexibility necessary to achieve the objectives of this title, conditional uses may be allowed. Conditional uses include certain types of community facilities, institutions and public utility installations appropriately located in A, R, C, M, PMU, PAO and T districts. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to their effects on surrounding properties. In order to achieve these purposes, the City Planning Commission is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to the right of appeal to the City Council. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.020 Powers of City Planning Commission.
The City Planning Commission may grant use permits for such conditional uses in such district as are prescribed in the district regulations of this title, subject to the right of appeal to the City Council, in accord with the procedure prescribed in this chapter. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.030 Application and fee.
A. Application for a use permit shall include the following data:
1. Name and address of applicant.
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner.
3. Address or description of the property.
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in DMC 18.25.070.
5. An accurate scale drawing of the site showing the contours at intervals of not more than one (1) foot and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.
6. An accurate scale drawing of the site and the surrounding area for a distance of three hundred (300) feet from each boundary of the site showing the location of existing streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing.
B. The application shall be accompanied by a fee set by resolution of the City Council sufficient to cover the cost of handling the application as prescribed in this section. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.040 Public hearing – Notice.
A. The City Planning Commission shall hold at least one (1) public hearing on each application for a use permit within forty-five (45) days of the date when the application was filed.
B. Notice of the public hearing shall be given not less than ten (10) calendar days nor more than thirty (30) days prior to the date of the hearing by posting a notice of the public hearing at the City Hall of the City and by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Solano County as owning property within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use which is the subject of the hearing. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.050 Public hearing – Procedure.
At the public hearing the City Planning Commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in DMC 18.25.070. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.060 Investigation and report.
The Planning Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the City Planning Commission. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.070 Action by City Planning Commission.
A. The City Planning Commission may grant an application for a use permit as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the Commission makes the following findings:
1. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the district in which the site is located.
2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
3. That the proposed location of the conditional use will comply with each of the applicable provisions of this title.
B. A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe.
C. The Commission may deny an application for a use permit. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.080 Reserved.
[Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.090 Criteria for multi-tenant, freeway-oriented signs.
Any multi-tenant, freeway-oriented signs shall comply with the criteria as established by DMC 18.24.070(E). [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.100 Reserved.
[Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 54.]
18.25.110 Review by City Council.
If the action of the City Planning Commission is appealed, at the first regular City Council meeting held more than five (5) days after a decision on a use permit application by the City Planning Commission, the Council shall review the decision. The City Council may affirm, reverse or modify a decision of the City Planning Commission; provided, that if a decision denying a use permit is reversed or a decision granting a use permit is modified, the Council shall, on the basis of the record transmitted by the Planning Director and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit prescribed in DMC 18.25.070. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.120 Lapse of use permit.
A. A use permit shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of that one (1) year period, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application or structure which was the subject of the use permit application. A use permit for a use that does not require a building permit shall lapse upon the failure of the applicant to utilize the use permit and operate or maintain the use permitted within one (1) year following the date on which the use permit became effective. The Planning Commission may specify a different time period for lapse in a use permit, in which case that period shall apply.
B. A use permit may be renewed for single additional period of one (1) year provided, prior to the expiration of one (1) year from the date when the use permit originally became effective, an application for renewal of the use permit is filed with the City Planning Commission. The Commission may grant or deny an application for renewal of a use permit.
C. The City Council may review the decision of the Commission in accordance with the procedure prescribed in DMC 18.25.110. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.130 Preexisting conditional uses.
A. A conditional use established prior to enactment of this title shall be permitted to continue.
B. Alteration or expansion of a conditional use established prior to enactment of this title shall be permitted upon the granting of a use permit; provided, that a use permit shall not be required for accessory structures and incidental uses located on the same site as a preexisting conditional use.
C. A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this title if the structure is destroyed by fire or other calamity or by act of God or by the public enemy to a greater extent than fifty percent (50%).
D. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Director of Public Works. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.140 Grounds for revocation or suspension.
A. The Planning Commission shall have the power to revoke or suspend a use permit in any case where the permit was obtained by fraud; or where the conditions of such use permit have not been or are not complied with; or in any case where a person, firm, partnership, association or corporation holding a use permit directly or indirectly conducts or carries on said use in a manner as to materially or adversely affect the health, safety or welfare of persons residing or working in the vicinity or neighborhood of the property subject to such use permit; or directly or indirectly conducts or carries on said use in a manner that is materially detrimental to the public health, safety or welfare or injurious to property or improvements in the vicinity of the property subject to such use permit.
B. The Planning Commission may suspend, revoke or modify the use permit pursuant to the procedures set forth in DMC 18.25.150 when it finds that construction or installation of the permitted use has begun, but has not been diligently pursued by the owner, lessee, or other party responsible for a period of more than six (6) months. The Commission may after making the finding declare the project abandoned and revoke the use permit or otherwise suspend or modify the use permit upon such conditions as are found by the Commission necessary or desirable to ensure that the use will be completed in a timely manner.
C. No findings of abandonment may be made when it is shown by the holder of the use permit that the delay was due to a strike, disaster, war, order of a court of competent jurisdiction, or other lawful authority, operation of law, or any other reason beyond the control of the holder. This exception shall not apply to hardships caused by the permit holder’s poor financial planning, shortage of capital or other ordinary business risk. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.150 Procedure for revocation, suspension or modification.
No use permit shall be revoked or suspended, except in compliance with the procedures provided in this section.
A. At least ten (10) days prior to the meeting of the Planning Commission at which the action to revoke or suspend shall be considered, the holder of the use permit shall be given written notice which shall state:
1. The grounds for complaint or reasons for recommending revocation or suspension of the use permit;
2. The date, time and place where such hearing is to be held.
B. The written notice shall be personally delivered to the holder of the use permit or mailed by first class mail. If written notice is mailed to the holder of the use permit, it shall be considered delivered on the same day as the postmark.
C. At any such hearing for revocation or suspension of a use permit, the holder of such permit shall be given an opportunity to be heard in person or by legal counsel or agent, and to defend or explain his position in the matter, and may call witnesses and present evidence on his behalf. The burden of proof shall rest upon the Planning Director to establish that there is a good and sufficient cause for revocation or suspension of the use permit.
D. Upon conclusion of such hearing the Planning Commission may suspend or revoke such use permit upon such terms and conditions as in its judgment are just and proper in the matter. If the holder of the use permit is dissatisfied with the decision of the Planning Commission, he may appeal to the City Council in the manner and within the time prescribed by Chapter 18.40 DMC.
E. In any case where such permit is revoked no new permit shall be granted to such person to conduct or carry on any such use within one (1) year after the effective date of the revocation. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.160 Use permit to run with the land.
A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.170 Notation on zoning map.
A use permit shall be indicated on the zoning map by a number located on the site of the conditional use. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.180 New application.
Following the denial of a use permit application, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one (1) year from the date of denial of the use permit. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.25.190 Appeals.
Appeals to the decision of the Planning Commission may be filed in accordance with Chapter 18.40 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]