Chapter 24.520 — USE PERMIT PROCEDURE[6 ]

Sections:

• 24.520.010 Chapter description.

• 24.520.040 Applicability of use permits.

• 24.520.050 Review process and action by director.

• 24.520.070 Required Kndings.

• 24.520.080 Conditions of approval.

• 24.520.085 Additional conditions of approval – Alcoholic beverage establishment.

6 Editor’s note(s): Section 68 of Ord. No. 2021-017, adopted December 13, 2021, amended Chapter 24.520 in its entirety to read as herein set out. Former Chapter 24.520 pertained to the same subject matter, consisted of Sections 24.520.010 through 24.520.140, and derived from the 1971 Code; and Ord. No. 2019-006, adopted June 10, 2019.

This chapter 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 conZict with the purposes of this zoning ordinance. (Ord. No. 2021-017, § 68, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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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 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 Yndings required by Section 24.535.120 in addition to the Yndings required by this chapter for the approval of use permits before approving any such minor variance as a component of the use permit. (Ord. No. 2021-017, § 68, 12-13-21)

An application for a use permit shall be reviewed and acted upon by the director at a public hearing pursuant to Section 24.500.060. (Ord. No. 2021-017, § 68, 12-13-21)

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

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

B. 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;

C. 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

D. The proposed use is compatible with, and will not adversely a]ect 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 tra[c, lighting, noise, vibration, odor, security, or other factors. (Ord. No. 2021-017, § 68, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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As described in Section 24.500.060, the decision-making authority, in approving an application for a use permit, may impose conditions of approval. Such conditions imposed by the decision-making authority may involve any factors a]ecting the establishment, operation or maintenance of the proposed use, including, but not limited to:

• A. Special yards, open spaces, and bu]er areas;

• B. Fences and walls;

• C. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to speciYed standards;

• D. 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;

• E. Water supply and Yre protection;

• F. Landscaping and maintenance of grounds;

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

• H. Regulation of operating hours for activities which may adversely a]ect the public welfare;

• I. Location of the use on the site;

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

• K. 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;

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

M. Such other conditions as may be required to assure that the proposed use will be established, operated, and maintained in an orderly and e[cient 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. (Ord. No. 2021-017, § 68, 12-13-21)

Use permits issued to an alcoholic beverage establishment pursuant to this chapter rather than Chapter 24.460, by reason of the fact that the establishment is to be located in a zoning district requiring issuance of a use permit

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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pursuant to this chapter, shall, nevertheless, be expressly conditioned on compliance with the operational standards and training requirement set forth in Article 4 of Chapter 24.460. (Ord. No. 2021-017, § 68, 12-13-21)