Morro Bay Municipal Code Ch. 17.40 Use Permits

The use permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but 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.

(Ord. No. 662, § 2, 12-13-23)

Approval of a use permit is required for uses or developments specifically identified in Division II, District Regulations, and/or any other section of this title which requires a use permit.

(Ord. No. 662, § 2, 12-13-23)

A. Conditional Use Permits. The planning commission shall approve, conditionally approve, or deny applications for conditional use permits based on consideration of the requirements of this chapter.

B. Minor Use Permits. The director shall approve, conditionally approve, or deny applications for minor use permits based on consideration of the requirements of this chapter.

1. The director may, at their discretion, refer any application for a minor use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the planning commission for a decision rather than acting on it themselves. In that case, the application shall be processed as a conditional use permit.

(Ord. No. 662, § 2, 12-13-23)

An application for a use permit shall be filed to the planning division in accordance with Section 17.36.020, Application Forms and Fees. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by Section 17.40.070, Required Findings, below.

(Ord. No. 662, § 2, 12-13-23)

Public notice pursuant to Section 17.36.060, Public Notice, is required for all use permits.

(Ord. No. 662, § 2, 12-13-23)

A. Conditional Use Permits. All applications for conditional use permits shall require a public hearing before the planning commission pursuant to Section 17.36.070, Conduct of Public Hearings.

B. Minor Use Permits. No public hearing is required for minor use permits where the director is the review authority.

1. Minor use permit applications referred to the planning commission for decision shall require a public hearing pursuant to Section 17.36.070, Conduct of Public Hearings.

(Ord. No. 662, § 2, 12-13-23)

The review authority must make all of the following findings in order to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application.

A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other titles of the municipal code;

B. The proposed use is consistent with the general plan and any applicable specific plan;

C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

D. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title;

E. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

F. The site is physically suitable for the type, density, and intensity of use being proposed.

(Ord. No. 662, § 2, 12-13-23)

In approving a use permit, the review authority may impose reasonable conditions or restrictions deemed necessary to:

A. Ensure that the proposal conforms in all significant aspects with the general plan and with any other applicable plans or policies adopted by the city council;

B. Achieve the general purpose of this title or the specific purpose of the zoning district in which the project is located;

C. Achieve the findings for a use permit listed in Section 17.40.070, Required Findings, above; or

D. Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act.

The review authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

A. Appeals. An applicant or any other aggrieved party may appeal a decision on a use permit pursuant to the provisions of Section 17.36.130, Appeals.

B. Expiration, Extensions and Revisions. Use permits are effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C. Revocation. Use permit approval may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)