El Cerrito Municipal Code Ch. 19.34 Use Permits

This Chapter describes the process and general requirements applicable to those uses for which Parts II and III of this Zoning Ordinance (Base District and Overlay District Regulations) require a Use Permit. These uses require special consideration to ensure that they can be designed, located, and operated in a manner that will be harmonious and compatible and not interfere with the use and enjoyment of surrounding properties. The process for review of Use Permit applications is designed to evaluate possible adverse impacts and to minimize them where possible through the imposition of specific conditions or requirements. Approval of a Use Permit requires careful review of the location, design, configuration, and special impacts of a proposed use to determine, against standards and criteria, the desirability of permitting its establishment on a particular site.

(Ord. 2008-2 Div. II (part), 2008.)

This Chapter specifies the requirements for two Use Permit classifications—Administrative Use Permits that can be approved by the Zoning Administrator, and Conditional Use Permits requiring approval by the Planning Commission, as follows:

A. Administrative Use Permits. Administrative Use Permits are required to approve those uses specifically identified in Parts II and III, Base District and Overlay District Regulations that are generally non-controversial but still require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

B. Conditional Use Permits. Conditional Use Permits are required for specifically identified uses requiring special consideration as described in Section 19.34.010 and which may be problematic or controversial due to their size, location, type of operation, or other characteristics that indicate potential for impacts that will affect more than the immediately surrounding properties.

(Ord. 2008-2 Div. II (part), 2008.)

A. Application Forms and Fees. Written applications for Administrative Use Permits and Conditional Use Permits shall be filed with the Zoning Administrator in accordance with the application procedures in Chapter 19.32, Common Procedures.

B. Decisions on Administrative Use Permits. All Administrative Use Permit applications shall be decided by the Zoning Administrator. The Zoning Administrator may hold a public hearing to consider the application if the Zoning Administrator determines there is significant public controversy and/or the hearing affords an opportunity to resolve issues of concern. Notification of the public hearing shall be provided in accordance with public notification requirements in Section 19.32.050. Notification of the decision of the Zoning Administrator shall be provided in accordance with public notification requirements in Section 19.32.050. Appeals of an Administrative Use Permit shall be processed in accordance with Chapter 19.39.

C. Planning Commission Hearings for Administrative Use Permits. The Zoning Administrator may require a public hearing before the Planning Commission for any Administrative Use Permit application that the Administrator determines to have special neighborhood or community significance. In such cases the applicant shall pay the fee for the Planning Commission public hearing specified in the fee schedule adopted by the City Council. The decision shall be made by the Planning Commission, and appeals shall be heard by the City Council.

D. Conditional Use Permits for Building Envelope Intrusions. In the event of an application for an intrusion into the building envelope required in Figure 19.06.B, the Zoning Administrator may require the installation of story poles as part of the conditional use permit application. If story poles are required, they shall be fully erected, subject to City standards, 14 days prior to the date of the public hearing and shall remain in place until the end of the appeal period as required by Chapter 19.39.

E. Decisions on Conditional Use Permits. All Conditional Use Permit applications shall require a public hearing before the Planning Commission. Notification shall be provided in compliance with the public notification requirements in Section 19.32.050.

(Ord. 2008-2 Div. II (part), 2008.)

A. Findings for Approval. A Use Permit shall only be granted if the Zoning Administrator or Planning Commission finds that the proposal as submitted, modified and/or conditioned conforms to all of the following criteria as well as to any other special findings required for approval of Use Permits in specific zoning districts:

1. The location, size, design, and operating characteristics of the proposed development will be harmonious and compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

2. The location and design of the proposal will provide a convenient and functional living, working, shopping, or civic environment that will be an attractive amenity for the City.

3. The proposal is consistent with the purposes of the district where it is located and conforms in all significant respects with the El Cerrito General Plan and with any other applicable plan adopted by the City Council.

B. Denial. If the Zoning Administrator or Planning Commission determines that it is not possible to make all of the required findings for approval, the application shall be denied. The specific basis for denial based on the above findings shall be established for the record.

(Ord. 2008-2 Div. II (part), 2008.)

A. Conditions. In approving a Use Permit, the Zoning Administrator or Planning Commission may impose any conditions deemed necessary to:

1. Ensure that the proposal conforms with the El Cerrito General Plan, Zoning Ordinance and with any other applicable regulations, plans or policies;

2. Achieve the findings for a Use Permit listed in Section 19.34.040 of this Chapter; and

3. Mitigate any potentially significant impacts identified as a result of environmental review.

B. Types of Conditions. The decision making authority may impose reasonable conditions including but not limited to: requirements for special yards, open spaces, buffers, fences, walls, location and orientation of entrances, roll-up doors, and screening; specific building design elements; requirements for the installation and maintenance of landscape and erosion control measures; regulation of vehicular ingress, egress and traffic circulation; construction of street improvements and dedication of right-of-way; regulation of signs; regulation of parking; preservation of trees; regulation of lighting; regulation of hours of other characteristics of operation; establishment of development schedules or time limits for performance or completion; extension and provision of public utilities and easements; requirements of periodic review by the Zoning Administrator; submission of final plans to ensure compliance with conditions of approval, and such other conditions deemed necessary and reasonable.

(Ord. 2008-2 Div. II (part), 2008.)