Chapter 23.34 — USE PERMITS

The use permit review and approval process is intended to apply to uses that are consistent with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Approval of a use permit is required for uses or developments specifically identified in Article II and/or any other section of this title which requires a use permit.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(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) Minor use permits. The Community Development Director shall act as the Review Authority for minor use permits based on consideration of the requirements of this chapter. The Director may refer any application for a minor use permit for a project that may generate substantial public interest 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. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Applications for use permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by § 23.34.060.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Conditional use permits. All applications for conditional use permits require public notice and hearing before the Planning Commission pursuant to Chapter 23.31.

(B) Minor use permits. All applications for minor use permits require public notice to be posted on the city's website, posted on-site, and mailed pursuant to § 23.31.050. A hearing on a minor use permit shall occur only when a hearing is requested by the applicant or other person(s) in writing and received by the Community Development Director within ten days of the mailed notice. In the event a public hearing is requested, the minor use permit shall be scheduled for a hearing before the Director or before the Planning Commission pursuant to Chapter 23.31. The Director shall have the discretion to determine whether a hearing will be held before the Director or the Planning Commission.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4848, passed 9-8-25)

The Review Authority must make all of the following findings to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application.

(A) With appropriate conditioning, the proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title and all other titles of the Alhambra Municipal Code;

(B) With appropriate conditioning, the proposed use is consistent with the General Plan and any applicable specific plan;

(C) With appropriate conditioning, the proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

(D) With appropriate conditioning, the proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this title;

(E) With appropriate conditioning, the design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and

(F) With appropriate conditioning, the site is physically suitable for the type of use being proposed, including access, utilities, and the absence of physical constraints.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4848, passed 9-8-25)

In approving a use permit, the Review Authority shall impose reasonable conditions or restrictions to achieve the following outcomes. The city reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. The Review Authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(A) Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

(B) Achieve the general purposes of this title or the specific purpose of the zone in which the project is located;

(C) Achieve the findings for a use permit listed in § 23.34.060; or;

(D) Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

• (A) Appeals. Use permit decisions may be appealed as provided for in § 23.31.120.

(1) Exception, minor use permit. A decision on a minor use permit may only be appealed if a hearing was requested by the applicant or other person(s) in writing within ten days of the posting and mailing of the required public notice.

(B) Expiration, extensions, and revisions. Use permit approvals may only be expired, extended, or modified as provided for in Chapter 23.31.

(C) Revocation. Use permit approval may be revoked pursuant to § 23.31.110 if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)