Chapter 17.110 — MINOR USE PERMITS AND CONDITIONAL USE PERMITS

The purpose of this Section is to provide two distinct procedures for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and its surroundings cannot be determined without discretionary review and consideration of the site context. Use permits allow flexibility in providing for, regulating, or preventing particular uses so they will be compatible with existing or desired conditions in their neighborhoods or districts. Use permit approval is required for certain uses so that their detrimental effects can be reduced or avoided and potential conflicts in land use can be prevented.

Where the term Use Permit is used in this Chapter, it shall mean and encompass Minor Use Permit and Conditional Use Permit.

An application for a Minor Use Permit or Conditional Use Permit shall be filed and processed in compliance with Chapter 17.10 4XX (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Section17.110.07 0xx.xxx (Required Findings).

A. Hearing, Decision, and Referral.

1. Before acting on any Minor Use Permit application, the Director shall hold a hearing at which information and arguments may be presented. Notice of the time, date, place, and purpose of the hearing shall be given in compliance with Chapter 17.12 2XX (Public Notices and Hearings).

2. Decisions of the Director shall be rendered in writing within 10 days of the final hearing at which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The Director’s decision shall be final unless appealed.

3. At his or her discretion, the Director may refer a Minor Use Permit to the Planning Commission when he/she determines the application involves a major policy issue or public controversy that would be resolved more suitably by the Planning Commission.

A. Hearing and Decision.

1. Before acting on any use permit application, the Planning \Commission shall hold a public hearing conducted according to its procedure. Notice of the time, date, place, and purpose of the hearing shall be given in compliance with Chapter 17.12 2XX (Public Notices and Hearings).

2. Decisions of the Planning Commission shall be rendered in writing within 10 days of the final hearing at which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The Planning Commission’s decision shall be final unless appealed.

3. When a Conditional Use Permit is before the Planning Commission, the Planning Commission may act to impose additional or relax any property development standards capable of being so altered under relevant

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sections of these regulations. (see Chapters 17.XX and 17.XX). The intent of this provision is to enable the Planning Commission to deal with various aspects of project design in a comprehensive way, without postponement of action on a project for separate hearings. Conditional Use Permit findings and procedures shall apply as provided in relevant sections of these regulations.

• A. Conditions Allowed. Conditions imposed by the Director, Planning Commission, or Council may include, but are not limited to, the following:

  1. Modification or limitation to activities, including times and types of operations;

  2. Special yards or open spaces;

  3. Fences, walls, or landscape screens;

  4. Provision and arrangement of parking and vehicular and pedestrian circulation;

  5. On-site or off-site street, sidewalk or utility improvements, and maintenance agreements;

  6. Noise generation and attenuation;

  7. Dedication of right-of-way or easements or access rights;

  8. Arrangement of buildings and use areas on the site;

  9. Special hazard reduction measures, such as slope planting;

  10. Minimum site area;

  11. Other conditions which may be found necessary to address unusual site conditions;

  12. Establishment of an expiration date, after which the use must cease at that site;

  13. Recycling and solid waste plans.

• B. Limitation. Conditions may not be imposed that restrict the use to a specific person or group.

In deciding whether a proposal is acceptable at a given location, the Director, Planning Commission, and Council shall consider whether the proposal could be established and maintained without jeopardy to persons or property within or adjacent to the proposed site and without damage to the resources of the site and its surroundings. Appropriate criteria may be found in the following sources, without limitation:

• A. General Plan elements (such as land use, circulation, housing, noise, seismic safety, public safety, open space and conservation);

• B. Specific Plans and special studies;

• C. Community Design Guidelines;

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• D. Compliance with applicable environmental mitigation measures; and

• E. Standards and recommendations of agencies commenting on environmental documents for the proposal or for similar projects.

• A. In order to grant a Minor Use Permit or Conditional Use Permit, the Director or Planning Commission, or on appeal, the Council, shall be required to make the following findings:

  1. The proposed use is consistent with the General Plan and any applicable Specific Plan;

  2. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of these Zoning Regulations and the Municipal Code;

  3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;

  4. The site is physically suitable in terms of:

  - **a.** Its design, location, shape, size, and operating characteristics of the proposed use; 
  
  - **b.** The provision of public and emergency vehicle (e.g., fire and medical) access; 
  
  - **c.** Public protection services (e.g., fire protection, police protection, etc.); and 
  
  - **d.** The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). 
  

  5. The type, density, and intensity of use being proposed will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located.

• B. The Director, Planning Commission, or Council may deny the proposal or attach conditions as deemed necessary to secure the purposes of these regulations. Actions on Minor Use Permits and Conditional Use Permits shall be justified by written findings, based on substantial evidence in view of the whole record.

• A. The modification or addition to a use requiring Use Permit approval shall itself be subject to Use Permit approval. The addition of an allowed use to a premises occupied by a conditionally allowed use shall require Use Permit approval of the type required for the existing use. The Director shall determine when such an addition or change is of such a minor or incidental nature that the intent of these regulations can be met without further Use Permit control.

• B. Any conditions established pursuant to these regulations shall be met before the use is established, except that the Director, Planning Commission or, on appeal, the Council, may establish a schedule for certain conditions to be met after establishment of the use. Continuance of the use shall then be contingent on complying with the schedule for meeting applicable conditions.

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A Minor Use Permit or Conditional Use Permit approved in compliance with the provisions of this Chapter shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter. If the operation of the use for which the Use Permit was issued ceases for a continuous period of one year, the provisions of this Section shall not apply, and a new application shall be required for any new owner or operator.

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