Chapter 17.032 — USE PERMITS

Section

17.032.010 Purpose

17.032.020 Granting authority; consideration; conditions

17.032.030 Application 17.032.040 Action by Planning Commission 17.032.050 Public hearing; notice 17.032.060 Required findings

17.032.065 Conditions of approval

17.032.070 Permit issuance

17.032.080 Zoning permit issuance

17.032.090 Appeals

17.032.100 Time limits; extensions

(A) The purpose of the conditional use permit is to allow the proper integration into Fairfax of uses which may be suitable only in certain locations in the town or in a zone or only if the uses are designed or laid out on the site in a particular manner.

(B) In consideration of an application for a conditional use, the Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures, to the physical environs of the proposed use and to all pertinent aspects of the public health, safety and general welfare.

(Prior Code, § 17.18.010) (Ord. 352, passed - -1973)

(A) A permit for a conditional use, revocable, conditional or valid for a term, may be issued or granted by the Planning Commission for any of theuses or purposes for which the permits are required or permitted by the terms of this title.

(B) The Town Council may deny, approve, approve with amendments, deletions or other modifications, in whole or in part, an application for a use permit.

(C) The Planning Commission may deny an application for a use permit. The Planning Commission’s denial of a use permit is appealable in accordance with the provisions of Chapter 17.036.

(D) In authorizing or approving a conditional use permit, the Council may impose the requirements and conditions with respect to location, construction, appearance, maintenance or operation, in addition to those aspects expressly stipulated in the ordinance for the particular use, as the Council may deem necessary for the protection of adjacent property and the public interest.

(E) The Council may further require such bonds, sureties or other guarantees as it deems necessary in each case, that the conditions may be complied with.

(F) Granting of a conditional use permit does not exempt the applicant from complying with the requirements of the Building Code or other ordinances.

(Prior Code, § 17.18.020) (Ord. 352, passed - -1973)

A verified application for a use permit shall be made by the property owner or his or her agent on aform prescribed by the Planning Commission, and be accompanied by a fee in accordance with the schedule of fees fixed and adopted by the Town Council. The application shall be accompanied by drawings required by the Building Code, and, in addition, by a plot plan showing the lot lines and dimensions and location of the improvements with dimensions and other data necessary to show that yard requirements and all other provisions of this title are fulfilled.

(Prior Code, § 17.18.030) (Ord. 352, passed - -1973; Am. Ord. 443, passed - -1978)

(A) The Planning Commission shall act on an application for a use permit within 45 days after the date on which the application is filed unless additional time is allowed by applicant or his or her authorized agent or representative.

(B) (1) Failure of the Planning Commission to act within the time specified or otherwise established, shall constitute denial of the use permit.

(2) Denial of the use permit by the Planning Commission, including denial by reason of failure of the Planning Commission to act, is appealable in accordance with the provisions of Chapter 17.036 of this title.

(Prior Code, § 17.18.040) (Ord. 352, passed - -1973)

(A) No use permit shall be approved or issued and no conditional use shall be authorized unless and until a public hearing thereon is held.

(B) Notice of the time and place of the public hearing, together with a brief statement of the nature of the application, shall be given in the same manner as provided in § 17.004.070.

(C) Additional notice of the public hearing, as provided in division (B) of this section, may be given to owners and renters of other property within 500 feet of the applicant’s parcel, when, in the opinion of the Planning Commission, the properties would

be affected by the proceedings so noticed. The subject property shall be posted by the applicant in a manner described in the Town of Fairfax submittal packet at least 10 days prior to the public hearing.

(D) Any error, irregularity, informality or omission as to noticing shall not void or invalidate the proceedings, considerations or disposition of a use permit application, except as may be otherwise provided under Cal. Gov’t Code § 65010.

(Prior Code, § 17.18.050) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994 ; Am. Ord. 716, passed 9-6-2006 )

The final disposition of each use permit shall be in accord with the facts of the particular case and the facts shall support the following determinations and findings before a use permit may be approved. They may refer to a town resolution, ordinance, or record of the action on the application.

(A) The location, size, design, and operating characteristics of the use conform to the General Plan and the land use designations for the project site and to the objective zoning standards and objective design standards that apply to the proposed use at the proposed location;

(B) The approval of the use permit shall not constitute a grant of special privilege and shall not contravene the doctrines of equity and equal treatment;

(C) The development and use of property, as approved under the use permit, shall not create a public nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding ambient conditions or applicable performance standards, or cause significant adverse physical or environmental effects to abutting or adjoining properties and the surrounding neighborhood, or create undue or excessive burdens in the use and enjoyment thereof, any or all of which effects are substantially beyond that which might occur without approval or issuance of the use permit;

(D) Approval of the use permit is not contrary to those objectives, goals or objective standards pertinent to the particular use and location and contained or set forth in the General Plan, this title, any master plan, development plan or other plan or policy, officially adopted by the town; and

(E) Approval of the use permit will result in equal or better development of the premises than would otherwise be the case, and that the approval is in the public interest and for the protection or enhancement of the community.

(Prior Code, § 17.18.060) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991; Am. Ord. 885, passed 11-1-2023)

The Planning Commission has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable master plan or precise development plan adopted by the Town Council, and this title are met. The Commission may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. 885, passed 11-1-2023)

Should the Planning Commission be satisfied that the proposed structure or use conforms to the requirements of the terms of this title, that any additional conditions stipulated by the Planning Commission, deemed necessary to the public interest have been or will be met, that the use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community and otherwise conforms to the findings of fact hereinabove set forth, the Planning Commission may grant a conditional use permit subject to the rights of appeal or directed referral set forth in this title.

(Prior Code, § 17.18.070) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991)

Following the issuance of any use permit by the Planning Commission and in the absence of any appeal or directed referral, the town shall issue a zoning permit and shall determine that development and use of the property is undertaken in compliance with the permit.

(Prior Code, § 17.18.080) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984)

Appeals may be made as provided herein under Chapter 17.036 of this title.

(Prior Code, § 17.18.090) (Ord. 352, passed - -1973)

Notwithstanding any other provision of this chapter, any conditional use permit shall comply with § 17.04.110 (“Permit Time Limits and Extensions”) of Chapter 17.040 (“General Zone Regulations”).

(Ord. 837, passed 10-2-2019)

CHAPTER 17.036: APPEALS AND DIRECTED REFERRALS

Section

17.036.010 Appeals; purpose 17.036.020 Appeals; by whom made 17.036.030 Appeals; stay of proceedings 17.036.040 Appeals; notice of hearing 17.036.050 Appeals; submission of record 17.036.060 Appeals; action by Council 17.036.070 Appeals; review of Council action by courts

17.036.080 Appeals; filing fees

17.036.090 Directed referrals; purpose 17.036.100 Directed referrals; procedure 17.036.110 Directed referrals; time limit 17.036.120 Directed referrals; basis 17.036.130 Directed referrals; action by Council

17.036.140 Directed referral to take precedence over appeal

The purpose of the appeal procedure is to provide recourse in case it is alleged that there is error in any order, requirement, permit, decision or determination made by an administrative official, advisory body or Planning Commission in the administration or enforcement of this title.

(Prior Code, § 17.20.010) (Ord. 352, passed - -1973)

Any person aggrieved by the action of an administrative official, advisory body or the Planning Commission, in the administration or enforcement ofthis title, may make verified application to the Town Clerk in the manner prescribed by the Town Council within ten days of any action that is appealed to the Town Council.

(Prior Code, § 17.20.020) (Ord. 352, passed - -1973)

Application shall stay all proceedings and furtherance the action appealed from unless the officer from whom the appeal is taken certifies that a stay would, in his or her opinion, cause imminent peril to life and property.

(Prior Code, § 17.20.030) (Ord. 352, passed - -1973)

Notice of the time, place and purpose of the hearing shall be given in the same manner required for the hearing conducted by the body whose decision is the subject of the appeal.

(Prior Code, § 17.20.040) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)

A full record, in writing, shall be submitted by the officer or body whose action is appealed, setting forth the reasons for action taken.

(Prior Code, § 17.20.050) (Ord. 352, passed - -1973)

The Council may, within the terms of this title, affirm, reverse or modify the action appealed as it deems just and equitable and the Council may exercise all rights of any other officer or Planning Commission in acting upon the matter appealed. The Council may conduct a de novo hearing on the entire pending application and shall not be limited to a consideration of the grounds set forth in the appeal application. Except as otherwise provided by law, a tie-vote of the Town Council, which is not followed by a

continuance of the matter for further consideration, shall be deemed a denial of the pending application.

(Prior Code, § 17.20.060) (Ord. 352, passed - -1973; Am. Ord. 563, passed - -1987; Am. Ord. 650, passed - -1996)

Action of the Town Council may be reviewed by courts having jurisdiction.

(Prior Code, § 17.20.070) (Ord. 352, passed - -1973)

The filing fee for any planning action provided by ordinance, for which no fee is currently established, shall be paid according to a schedule adopted by resolution of the Town Council.

(Prior Code, § 17.20.080) (Ord. 352, passed - -1973; Am. Ord. 443, passed - -1978)

(A) Sections 17.036.090 through 17.036.130 are established to permit the Town Council to assume jurisdiction on applications where action has been taken and is normally final at a lesser level of authority.

(B) The sections are intended to be used as an additional safeguard to avoid results inconsistent with the purposes of Title 17.

(Prior Code, § 17.20.090) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984; Am. Ord. 793, passed 6-3-2015)

In exercising the authority granted by §§ 17.036.090 through 17.036.130, a written directive, signed by at least one Council member, must be submitted to the Town Manager. The form shall be prescribed by the Town Clerk. No fee shall be required.

(Prior Code, § 17.20.100) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984; Am. Ord. 793, passed 6-3-2015)

Directed referral action must be exercised within the established time limits for appeals for a particular action or, in the case where no time limit for appeal is specified, within ten working days of the action being referred.

(Prior Code, § 17.20.110) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984)

In directing that an action be referred to the Town Council, there shall be a presumption applied that the reason for the directive is that the action has significant and material effects on the quality of life within the town. No inference of bias shall be presumed due to such a request for review being made by one or more Council members.

(Prior Code, § 17.20.120) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984; Am. Ord. 793, passed 6-3-2015)

(A) Any action brought before the Town Council by the directed referral process is before the Council in a state of full review. The Council may conduct a de novo hearing on the pending application. All alternatives available to the primary authority are also available to the Council such that approval, approval with conditions or denial action may be taken by the Council.

(B) Except as otherwise provided by law, a tie-vote of the Town Councilshall be deemed a denial of the pending application.

(Prior Code, § 17.20.130) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984; Am. Ord. 650, passed - -1996; Am. Ord. 793, passed 6-3-2015)

Where an action is appealed and a directed review is called, the directed review procedure shall take precedence and the appeal shall be void; i.e., where a plan review action is appealed and a directed review is called the directed review shall be heard by the Town Council.

(Prior Code, § 17.20.140) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984)