Part 4 — Use Permits

All applications for granting a use permit and all actions to revoke or modify a use permit shall be heard at a public hearing noticed as provided for by this Code.

Following the hearing on an application for granting a use permit, the Planning Commission shall by resolution deny the use permit or shall grant or modify the use permit subject to specified conditions as may be imposed.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)

• (a) Before any use permit may be granted, the Planning Commission shall make the following findings:

  • (1) That the proposed use and project is consistent with the City of Los Banos general plan, and this Code;

  • (2) That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;

  • (3) That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

• (b) Required findings for on-sale and off-sale alcoholic beverages. A use permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. Such use permit may be granted only upon a determination that the proposal conforms to the general use permit criteria set forth in subsection (a) of this section and to all of the following use permit criteria.

  • (1) That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;

  • (2) That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;

  • (3) That the proposal will not interfere with the movement of people along an important pedestrian street; and

  • (4) That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed and operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 201, Ord. 1095, eff. November 20, 2010, and §§ 2, 3, Ord. 1119, eff. July 18, 2014)