Newark Municipal Code Ch. 17.35 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. 503, § 1(Exh. A), 1-25-2018)

Approval of a use permit is required for uses or developments specifically identified in Article II, Base and Overlay Districts, and/or any other section of this title which requires a use permit.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

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 zoning administrator shall approve, conditionally approve, or deny applications for minor use permits based on consideration of the requirements of this chapter. The zoning administrator may, at his/her 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 himself/herself. In that case, the application shall be processed as a conditional use permit.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Applications for use permits shall be filed with the planning division on the prescribed application forms. 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 17.35.060, Required Findings, below.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Conditional Use Permits. All applications for conditional use permits shall require public notice and hearing before the planning commission pursuant to Chapter 17.31, Common Procedures.

B. Minor Use Permits. Minor use permit applications do not require public notice or hearing.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The decision-maker 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. Tax revenue generated by the development will exceed the city's cost of the service demand as a result of the development or a compelling community benefit will be provided.

E. 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;

F. 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

G. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

In approving a use permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:

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

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

C. Generate tax revenue in an amount that exceeds the city's cost of service demand as a result of the development or provide a compelling community benefit.

D. Achieve the findings for a use permit listed in Section 17.35.060, Required Findings, above; or

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

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Notice of Action. Notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action.

B. Appeals. A decision of the zoning administrator may be appealed to the planning commission and a decision of the planning commission may be appealed to the city council, as provided in Section 17.31.110, Appeals.

C. Expiration, Extensions and Modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)