Chapter 24.520 — USE PERMIT PROCEDURE

Sections:

• 24.520.010 Chapter Description.

• 24.520.020 Types of Use Permits.

• 24.520.030 Coastal Permits Also Required.

• 24.520.040 Applicability of Use Permits.

• 24.520.050 Initiation.

• 24.520.060 Notice and Hearing.

• 24.520.070 Required Findings.

• 24.520.080 Conditions of Approval.

• 24.520.090 Action by Decision-Making Authority. 24.520.100 Appeals.

• 24.520.110 Written Acknowledgement Required.

• 24.520.120 Expiration.

• 24.520.130 Failure to Comply With Conditions.

• 24.520.140 Permit Amendment.

Chapter 24.520 establishes the use permit procedure. This chapter provides a procedure for review and decisions regarding proposed uses that require use permits. The use permits procedure is intended to regulate certain use types that would not be appropriate throughout a given zoning district but that, if controlled as to number, area, location, relation to the neighborhood, or other relevant factors, would not be in conflict with the purposes of this zoning ordinance. (Code 1971, § 15.820.010)

An application for a use permit must be reviewed and acted upon by the planning commission in accordance with the provisions of this chapter, provided that, the city council may set forth procedures by resolution to provide for review and action by the director on administrative use permits. (Code 1971, § 15.820.020)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Applications for all use permits within the Coastal Zone shall be subject to the provisions of chapter 24.515, in addition to the provisions of this chapter. (Code 1971, § 15.820.030)

A. Uses Allowed. A use permit may only be granted to approve, or conditionally approve, use types that are listed in the applicable zoning district regulations as use types that are permitted in that zoning district subject to a use permit, or uses that may be authorized by a use permit pursuant to chapter 24.420 or chapter 24.450.

B. Concurrent Minor Variances. A minor variance may be processed, reviewed and considered as a component of a use permit, provided that the decision-making authority makes the findings required by section 24.535.130 in addition to the findings required by this chapter for the approval of use permits before approving any such Minor variance as a component of the use permit. (Code 1971, § 15.820.040)

A request for a use permit may be initiated by the planning commission or the city council, or by application pursuant to section 24.500.030. (Code 1971, § 15.820.050)

All applications for a use permit and all proposals to revoke or reevaluate a use permit shall be acted upon following a public hearing scheduled and noticed as required by chapter 24.560. (Code 1971, § 15.820.060)

Before the decision-making authority may grant a use permit, it must make all of the following findings with respect to location, size, design, and operating characteristics of the proposed use:

1. The proposed use conforms to the comprehensive plan and is consistent with the purposes and requirements of this zoning ordinance;

2. The proposed use will be served by adequate water, sewer, public utilities and services, and by adequate vehicular and pedestrian access to insure that the proposed use will not be detrimental to the public health, safety, and welfare;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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3. Buildings or structures occupied by, or otherwise related to, the proposed use will be compatible with the scale, mass, bulk, and orientation of the buildings and structures in the surrounding vicinity; and

4. The proposed use is compatible with, and will not adversely affect or be materially detrimental to, uses, buildings, or structures in, or the general character of the surrounding vicinity, or otherwise be inconsistent with the public health, safety, or welfare, due to hours of operation, generation of pedestrian or vehicle traffic, lighting, noise, vibration, odor, security, or other factors. (Code 1971, § 15.820.070)

The decision-making authority, in approving an application for a use permit, may impose such conditions that it deems necessary or desirable to insure that the use authorized by such use permit will be established, operated, and maintained in accordance with the findings required by section 24.520.070 and all other requirements of this zoning ordinance, this Code, and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions imposed by the decision-making authority may involve any factors affecting the establishment, operation or maintenance of the proposed use, including, but not limited to:

1. Special yards, open spaces, and buffer areas;

2. Fences and walls;

3. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;

4. Street and highway or other right-of-way dedications, or construction of related improvements, including, without limitation, sidewalks, walkways, curbs and gutters, or payment of fees in lieu thereof;

5. Water supply and fire protection;

6. Landscaping and maintenance of grounds;

7. Regulation of nuisance factors such as lighting, noise, vibrations, smoke, dust, dirt, odors, gases, heat, glare, electromagnetic disturbances, radiation, or other physical impacts;

8. Regulation of operating hours for activities which may adversely affect the public welfare;

9. Location of the use on the site;

10. Establishing the period of time in which the proposed use must commence;

11. Security provisions to assure safety of customers, clients, or employees on the site, as well as users of adjacent sites, including, but not limited to, lighting, alarm systems, security personnel, and the appropriate type and placement of landscape materials;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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12. Pedestrian amenities such as adequate walkways, seating areas, bike racks, and other similar features; or

13. Such other conditions as may be required to assure that the proposed use will be established, operated, and maintained in an orderly and efficient manner and in accordance with all elements of the comprehensive plan, the purposes and requirements of this zoning ordinance, and other applicable laws and regulations. (Code 1971, § 15.820.080)

A. Granting a Use Permit. The decision-making authority may grant the use permit and impose such conditions pursuant to section 24.520.080 in connection with the approval of the use permit as it deems necessary or desirable.

B. Continuances. The decision-making authority may continue consideration of an application for a use permit for a period specified by the decision-making authority.

C. Denial of a Use Permit. The decision-making authority may deny an application for a use permit upon finding that the proposed use permit, or any component thereof does not, or may not, comply with the requirements of this chapter, or that one or more of the findings required by section 24.520.070 cannot be made, or that the proposed use permit, or any component thereof is otherwise inconsistent with the purposes of this zoning ordinance as set forth in section 24.105.030.

D. Referral for Changes. If the planning commission, or the city council, determines that it would approve an application for a use permit but for slight changes in the proposed use, it may refer the application back to the director for resolving such changes with the applicant before it again reviews and considers the use permit application.

E. Effect of Denial. A use permit application that is denied may not be refiled within one year after the date of denial if the refiled application indicates the proposed use is the same or substantially the same unless there has been an intervening change in the circumstances surrounding the proposed project. All use permit applications that are refiled after being denied shall be accompanied by the prescribed filing fee. (Code 1971, § 15.820.090)

A decision by the planning commission regarding a use permit may be appealed to the city council as provided by chapter 24.565. (Code 1971, § 15.820.100)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Within the time period specified in the conditions of approval of the use permit, the applicant shall file with the director a written acknowledgment of the terms and conditions of the use permit. (Code 1971, § 15.820.110)

A use permit shall expire by operation of law without any further action by the decision-making authority if the use authorized by such use permit is not commenced on or before the time limit specified in the conditions of approval of such use permit, or if no time is specified, on or before one year after the date such use permit was approved. The director may, pursuant to chapter 24.505, grant no more than one administrative extension of such time limit if the approved plans have not changed and if there has been no substantial change in the circumstances of the surrounding vicinity. Additionally, the planning commission may extend such time limit, for a good cause, before its expiration, through the use permit amendment process pursuant to section 24.520.140. (Code 1971, § 15.820.120)

Failure to comply with any terms or conditions of an approved use permit is a violation of the zoning ordinance subject to the enforcement provisions prescribed by chapter 24.580 and any and all other penalties and remedies that may be provided by law. A use permit may be revoked, or the conditions of its approval may be reevaluated, as provided by chapter 24.570. (Code 1971, § 15.820.130)

An amendment to a use permit shall be required as provided by chapter 24.570 to:

1. Expand or reduce the area of the property covered by the use permit; or

2. Expand the use(s) authorized by the use permit or add to or alter the structure(s) related thereto; or

3. Change the terms or conditions of the use permit; or

4. Establish another principal use on the subject site when such principal use requires a use permit in that zoning district. (Code 1971, § 15.820.140)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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