Vallejo Municipal Code Ch. 16.606 Minor and Major Use Permits

These regulations establish procedures intended to allow for review of uses that are generally consistent with the purposes of the zoning district where they are proposed but may require special consideration to ensure they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. Although these uses have been found not inherently detrimental, in certain circumstances they may require an additional level of review and need a higher threshold of approval as provided for in this Zoning Code to prevent adverse impacts to the areas where they are located. Approval of a minor conditional use permit or major conditional use permit, referenced in this Zoning Code as "Minor Use Permit" and "Major Use Permit", is required for such uses or projects pursuant to Part II, Districts and Development Standards, Part III, Use Standards and other provisions of the Zoning Code. Such uses include, but are not limited to, the construction of buildings or structures, the use of vacant land, changes in the character of the use of land or building, or substantial expansion in the use of land or buildings.

A. Minor Use Permit. The director shall review, approve, conditionally approve, or deny an application for a minor use permit based on consideration of the requirements of this chapter. The director may, at his/her discretion, refer any application for a minor use permit for a project the director determines may generate substantial public controversy or involve significant land use policy decisions to the planning commission for a decision. In that case, the application must be processed as a major use permit.

B. Major Use Permit. The planning commission shall review, approve, conditionally approve, or deny an application for a major use permit based on consideration of the requirements of this chapter.

C. Application requirements.

1. Applications and fees for minor and major use permits shall be submitted in accordance with the provisions set forth in Chapter 16.602, Section 16.602.02, Application Forms and Fees. In addition to any other application requirements, the application shall include data or other evidence in support of the applicable findings required by Section 16.606.03, Required Findings, below.

2. In addition, any applicant for a minor or major use permit to sell alcohol shall complete and submit a questionnaire available from the planning division. Information provided in the questionnaire shall be included in the public notice.

D. Public notice and hearing.

1. All applications for a minor use permit shall require public notice of the director's proposed action and the deadline for filing an appeal pursuant to the requirements of Chapter 16.602, Common Procedures, Section 16.602.14, Appeals. If an appeal is filed with the director, a hearing shall be scheduled before the planning commission in the same manner as an application for a major use permit.

2. All applications for a major use permit shall require a public notice and hearing before the planning commission pursuant to Chapter 16.602, Common Procedures.

A minor or major use permit shall only be granted if the review authority determines that the project, as submitted or modified, and subject to any conditions imposed, meets all of the following criteria. The inability to make one or more of the findings is grounds for denial of an application.

A. The proposed use is conditionally allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and all other titles of the Vallejo Municipal Code;

B. The proposed use is consistent with the general plan and any applicable specific plan or planned development and any other applicable plans;

C. The subject parcel is physically suitable for the type of land use being proposed;

D. The proposed use is compatible with existing and permissible land uses within the zoning district and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation;

E. The physical location or placement of the use on the site is compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;

F. The proposed use and related project features will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions and would not otherwise be detrimental to the public interest, health, safety, or general welfare; and

G. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

In granting a minor or major use permit, the review authority or the appeal body as described in Table 16.601-A, Summary of Review Authorities for Decisions and Appeals shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or in such modifications as may be deemed necessary to protect the public health, safety, and general welfare and secure the objectives of the general plan and this Zoning Code. The review authority may also impose other conditions deemed necessary to achieve these purposes and to support the findings of approval. Such conditions shall be related to and proportionate to what is being requested by the applicant. The review authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A. Appeals. A decision on a use permit may be appealed in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

B. Expiration, Extensions and Modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension.

C. Revocations. A use permit may be revoked pursuant to Chapter 16.615, Enforcement and Abatement.