Chapter 17.75 — USE PERMITS

Use permits, which are revocable, conditional and valid for either a specified or an indefinite period of time, may be issued for any of the uses which, under the terms of this title, are identified as "U" or subject to a conditional use permit (CUP). The procedure for securing use permits shall be as provided in this chapter.

(Ord. 2011-02 §1)

The purpose of requiring a conditional use permit is to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and to provide that such uses are arranged or operated in a particular manner. The conditional use permit allows a particular use or activity not otherwise allowed as a matter of right within a zoning district. (Ord. 2011-02 §1)

• A. Application for a use permit shall be made by the owner of the real property for which such use permit is sought, or by the authorized agent of such owner.

• B. Such application shall be filed with the planning commission, in writing, on a form prescribed by the commission and shall be signed by the owner or his/her authorized agent.

• C. The application shall be accompanied by plans, including elevations and other pertinent data, to show in detail the proposed use or buildings.

• D. A filing fee, in such amount as may be fixed from time to time by order or resolution of the city council, shall be paid at the time the application is filed.

• (Ord. 2011-02 §1)

• A. Unless required under Government Code Section 65905 , no public hearing need be held on the issuance of a use permit provided, however, that the planning commission may hold any hearing it deems necessary.

• B. The planning commission shall hold a public hearing on a use permit when it determines that:

  1. The proposed use, for which a use permit is required, has a potential to be controversial in the neighborhood within which it is located;

  2. The proposed use has city or community-wide implications which require broad-based community input with respect to the proposed activity;

  3. A public hearing request is made by a resident of the city or an individual, organization or public body that may be adversely impacted by the project if it is approved;

  4. A majority of the commissioners feel that, for any reason, a duly noticed public hearing on the proposed use permit application should be required.

• C. In case a public hearing is deemed necessary, notice of such hearing shall be given in accordance with Chapter 17.79 .

• (Ord. 2011-02 §1)

• A. In order to obtain a use permit, the applicant must introduce evidence in support of the application sufficient to enable the planning commission to find that the establishment, maintenance and operation of the proposed use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of such use and that it will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

• B. The planning commission may impose such conditions in connection with the use permit as it deems necessary to secure the purposes of this title, and may require a bond, undertaking or other assurance that such conditions are being or will be complied with.

• C. If the planning commission, after receiving and considering the evidence, and any proposed conditions, is unable to make the foregoing findings, the use permit shall be denied. In cases where the use permit is denied, the planning commission shall state its reasons for such denial. Use permits shall not become effective for ten days after being granted and in the event an appeal is filed, such permit shall not become effective until a decision is made by the city council on such appeal.

• (Ord. 2011-02 §1)

• A. The planning commission shall be responsible for determining the merits of a conditional use permit application. A conditional use permit application may be conditionally approved or denied.

• B. The planning commission shall conduct a public hearing on the application in accordance with this title and state law at the earliest reasonable time following the acceptance of the application materials as complete for processing and all requirements of the California Environmental Quality Act (CEQA) have been met.

• C. The planning commission may conditionally approve a conditional use permit application only if the following findings can be made:

  1. The proposed conditional use permit is substantially consistent with the general plan and this title; and

  2. The proposed use will not constitute a nuisance or be detrimental to the public health, safety, and general welfare, and will be in the best interest of public convenience and necessity.

  3. The site is adequate in size and shape to accommodate the proposed use, building(s) and all related activities.

  4. The site relates to streets and highways in such a manner that the type and quantity of traffic generated by the subject use will not have an adverse impact on the surrounding area.

  5. The proposed use will be compatible with the surrounding neighborhood.

• D. Any use found to be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors, traffic, lack of off-street parking, or other undesirable characteristics may be prohibited.

• E. A conditional use permit shall not be issued until ten working days have elapsed from the granting thereof to allow for the filing of any appeals.

• F. All conditional use permits granted under the authority of this title shall be implemented within one year by either:

  1. Taking actual occupancy of the building or rental space cited in the conditional use permit application.

  2. Completion of the building foundation, passing a final building inspection of the foundation work, maintaining a valid building permit and making satisfactory progress as determined by the building official.

  3. Significant financial investment made in accordance with, and reliance on, the approved permit, as determined by the planning commission.

  4. Where a conditional use permit will lead to a land subdivision, the applicant must file a complete tentative map application with the city.

  5. If not implemented in accordance with the above provisions, a conditional use permit will expire unless extended by the planning commission prior to exportation.

  6. The maximum approval period of a conditional use permit is two years.

• G. A conditional use permit granted pursuant to the provisions of this title shall run with the land and shall be valid for the approved use or activity and for all successors in interest of the original grantee.

• H. The planning commission may require any or all of the following when conditionally approving a conditional use permit application if the public health, safety and general welfare will be better protected:

  1. Special setbacks, landscaped buffers, and/or screening;

  2. Fences and/or walls;

  3. Lighting;

  4. Regulation of operating hours;

  5. Regulation of vehicular points of ingress and egress;

  6. Regulation of displays, noise, vibration, and/or odors;

  7. Provision of public improvements, easements, and/or dedications;

  8. Any other such conditions as will further facilitate orderly and efficient development in conformity with the intent and purposes set forth in this title and the general plan.

• (Ord. 2011-02 §1)

• A. No application for a use permit which has been denied wholly or in part by the planning commission, or by the city council on appeal, shall be resubmitted for a period of one year from the date said order of denial became final, except on grounds of new evidence or proof of changed conditions found to be valid by the planning commission or the city council, whichever issued said order of denial.

• B. No building permit shall be issued in any case where a use permit is required by the terms of this title unless and until such use permit has been granted by the planning commission or city council and then only in accordance with the terms and conditions of the use permit so granted.

• (Ord. 2011-02 §1)