Article I — Use Permit

Use permits may be issued as provided in this article for any of the uses or purposes for which such permits are required or permitted by the terms of this title upon conditions designated by the planning commission.

The purpose of the use permit is to allow the proper integration into the community of uses which may be suitable only in specific locations in a zoning district, or if such uses are designed or laid out on the site in a particular manner.

The planning commission may approve, deny, or conditionally approve an application for a use permit.

The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control and time limits for the use permit as it deems necessary for the protection of adjacent properties and the public interest and may require tangible guarantees or evidence that such conditions are being, or will be, complied with. A public hearing shall be held thereon. Notice of such hearings shall be given to the persons designated and in the manner prescribed in Chapter 16.84.

(Prior code § 30.701(A); Ord. 548 § 2 (part), 1973; Ord. 789 § 1, 1989)

Application for a use permit shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning commission of the city. The application shall be accompanied by a fee, set by the City Council, and plans showing the details of the proposed use to be made of the land or building. (Ord. 548 § 2 (part), 1973; Prior code § 30.701(B))

In considering an application, the planning commission shall consider and give due regard to the nature and condition of all adjacent uses and structures, and to general and specific plans for the area in question and surrounding areas, and the impact of the application thereon.

The planning commission shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. If the planning commission finds that the aforementioned conditions will not result from the particular use applied for, it may grant the use permit.

When granting a use permit for sales of alcoholic beverages (including wine and beer and off and on sale), the planning commission may stipulate that the use permit shall be nontransferable.

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City of Menlo Park, CA

ZONING

§ 16.82.030

§ 16.82.040

A use permit shall be effective the fifteenth (15th) day after planning commission approval unless the planning commission action is appealed to the City Council, in which case the permit shall not be effective until the City Council has acted upon the appeal.

(Prior code § 30.701(C); Ord. 548 § 2 (part), 1973; Ord. 643(a), 1979; Ord. 931 § 9 (part), 2004)

• (a) Hearings. Hearings before the planning commission or City Council concerning an application for a use permit to allow the concurrent retailing of motor vehicle fuel with beer or wine for off-premises consumption shall be conducted according to this section. All parties shall have a reasonable opportunity to present testimony. Testimony shall be presented in the following order: (1) testimony by or on behalf of applicant; (2) testimony of the public for or against the application; (3) rebuttal testimony by or on behalf of applicant. Decisions by the planning commission and City Council shall be justified by written findings based on substantial evidence in view of the whole record. Hearings on appeals to the City Council shall be reported by a court reporter. If the applicant is the appellant, it shall pay the cost of the court reporter and the cost of the court reporter shall be estimated by the city clerk and paid in advance by applicant or the appeal will be dismissed. All hearings shall be public hearings. Notice thereof shall be given in accordance with Chapter 16.84 to the applicant, property owners within three hundred feet (300'), and any person who has filed a request for special notice.

• (b) Duration of Permit Right. The right to engage in the concurrent retailing of motor vehicle fuel with beer or wine under the terms of any use permit, whether granted before or after the enactment of the ordinance codified in this section, shall continue only so long as the licensed premises are operated continuously without substantial change in the mode or character of operation. Changes in the mode or character of operation shall include, but not be limited to, a change in the physical structure of the premises, a change in the ownership of the license, or a pattern of behavior in violation of state or local law. A dispute between the operator or property owner and the city as to whether the premises have been operated continuously without substantial change in the mode or character of operation shall be heard and resolved in accordance with the procedure specified in subsection (a) of this section and Section 16.82.190.

• (Ord. 768 § 1, 1988)

Appeals to the City Council regarding use permits shall be governed by Chapter 16.86. The appeal shall be accompanied by a fee as set by the City Council, and no part of such fee shall be refundable except as directed by motion adopted by the City Council. If on appeal, any material information or evidence is submitted to the City Council which was not presented or made available to the planning commission, the application shall be returned to the planning commission for its reconsideration. Where an application is denied by the planning commission, or upon appeal by the City Council, it shall not be eligible for resubmittal unless, in the opinion of the planning commission, new evidence is submitted or conditions have changed to such an extent that further consideration is warranted.

(Prior code § 30.701(D); Ord. 529 § 1, 1972; Ord. 548 § 2 (part), 1973; Ord. 738 § 1(a), 1986)

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City of Menlo Park, CA