Chapter 4-05 — ZONING USE PERMITS — Livermore Zoning Code

Sections:

4-05-010 Purpose.

4-05-020 Procedure.

4-05-030 Required data.

4-05-040 Public hearings.

4-05-050 Findings – Zoning administrator.

4-05-060 Action – Zoning administrator.

4-05-070 Findings – Planning commission.

4-05-080 Action – Planning commission.

4-05-090 Effect of action.

4-05-010 Purpose. ¶

The purpose of this chapter is to provide a means for determination of compliance with the provisions of this code. (Ord. 442 § 23.10)

4-05-020 Procedure. ¶

No owner shall use or permit the use of any land, structure, or building, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning use permit has been issued by the city of Livermore; provided, however, that no zoning use permit shall be required for agricultural uses and animal husbandry as defined herein. (Ord. 442 § 23.20)

4-05-030 Required data. ¶

The application shall be accompanied by a plot plan showing lot lines, dimensions and locations of buildings and improvements, street right-of-way lines, building setback lines, yards, and any other data necessary to show that any applicable requirements of this code are fulfilled. (Ord. 442 § 23.21)

4-05-040 Public hearings. ¶

No public hearing need be held; provided, that a hearing may be held when an application has been referred to the planning commission for determination by the zoning administrator, and the planning commission shall deem such hearing in the public interest, or when a public hearing is required by this code. (Ord. 442 § 23.30)

4-05-050 Findings – Zoning administrator. ¶

The zoning administrator of the city of Livermore may approve an application for a zoning use permit only when the following conditions are found:

A. The proposed use conforms to the Livermore general plan in terms of land use and standards of development.

B. The proposed use conforms to the permitted uses listed in the district in which the subject property is located; that population density and open space as required by the terms of this code for the zoning district within which the use is to be located are provided.

C. The applicant exhibits proof where required herein that such use will not constitute a nuisance or be detrimental to the public health, safety, comfort, or general welfare of persons residing or working in or passing through the neighborhood of such proposed use or be detrimental or injurious to property, improvements, or existing land uses in the neighborhood or to the general welfare of the city of Livermore.

D. The proposed structure, building, premises or use conforms to all the requirements of LPZC Part 3 and any other applicable requirements set forth in this code.

E. All other reviews, actions, permits and approvals requested and/or required in this code have been complied with and all necessary approvals secured thereto. (Ord. 442 §§ 23.40 – 23.45)

4-05-060 Action – Zoning administrator. ¶

A. Time Limit. The zoning administrator shall act upon an application for a zoning use permit within 17 days following the date of filing of application.

B. Variety of Action. The zoning administrator may approve and issue, or disapprove an application, or may refer the application to the planning commission if the zoning administrator is unable to determine approval or disapproval of the application by the requirements set forth in this code; or when the applicant desires to have the planning commission determine approval or disapproval of the application; or if site plan approval by the planning commission is required for the proposed use; or if performance standards approval by the planning commission is required for the proposed use; or if in the opinion of the zoning administrator the proposed use should be required to conform to performance standards; or if any application for any use is not specifically listed in this code; or if any application is for any use which, in the opinion of the zoning administrator, may require determination by the planning commission of requirements to use, permits and/or approvals not already specifically set forth in this code. If referred

to the planning commission, the date of referral shall be noted on the application by the zoning administrator. (Ord. 442 §§ 23.50 – 23.52)

4-05-070 Findings – Planning commission. ¶

When an application for a zoning use permit has been referred to the planning commission for determination, the planning commission shall approve said application only when it is determined that all applicable requirements to use as set forth in LPZC 4-05-050 are fulfilled. (Ord. 442 § 23.60)

4-05-080 Action – Planning commission. ¶

A. Time Limit. Any zoning use permit referred to the planning commission for determination by the zoning administrator shall be acted upon within 50 days following the date of referral by the zoning administrator; or provided, that if a hearing is held, the planning commission shall act upon an application within 50 days after the date of referral of the application.

B. Variety of Action. The planning commission shall approve or disapprove the application, or may approve said application subject to additional conditions which may include a time limit within which a development may be limited or must take place. (Ord. 1024, 1980; Ord. 442 §§ 23.70 – 23.72)

4-05-090 Effect of action. ¶

A. Effective Date. Date of approval.

B. Notification of Applicant. The zoning administrator shall notify the applicant in writing of action taken and shall issue any approved permit to the applicant. (Ord. 442 §§ 23.80 – 23.82)

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