Chapter 17.58
USE PERMITS

Sections:

17.58.010    Purpose and intent.

17.58.020    Application form.

17.58.030    Procedures.

17.58.040    Findings.

17.58.050    Conditions of approval.

17.58.060    Criteria for approval.

17.58.070    Requirement for and compliance with use permits.

17.58.010 Purpose and intent.

It is intended that use permits allow flexibility in providing for, regulating, or preventing various uses, so they will be compatible with existing or desired conditions in their neighborhoods. 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. This is necessary because of the wide variety of uses that are allowed within zone districts and because of the variety of existing sites and uses found in the community. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(A))

17.58.020 Application form.

Application shall be made to the community development department in the form prescribed by the director, including, as may be necessary, site plans, written descriptions of activities to be conducted, technical studies of site characteristics, and so on. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(B))

17.58.030 Procedures.

A. Administrative Use Permit.

1. Before acting on any 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 by posting the property and by publishing an advertisement in a newspaper of general circulation at least five days before the hearing.

2. Decisions of the director shall be rendered in writing within ten days of the hearing. They 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 an administrative use permit to the planning commission, pursuant to the requirements in subsection B of this section, when he/she determines the application involves a major policy issue or public controversy that would be resolved more suitably by the commission.

B. Planning Commission Use Permits.

1. Before acting on any use permit application, the planning commission shall hold a public hearing conducted according to its bylaws. Notice of the time, place and purpose of the hearing shall be given by posting the property and publishing an advertisement in a newspaper of general circulation at least ten days before the hearing.

2. Decisions of the planning commission shall be rendered in writing within ten days of the hearing. They 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 use permit or variance is before the planning commission, the commission may act to impose additional or relax any property development standards capable of being so altered under relevant sections of these regulations (see Chapters 17.16 and 17.60). The intent of this provision is to enable the commission to deal with various aspects of project design in a comprehensive way, without postponement of action on a project for separate hearings. Use permit and variance findings and procedures shall apply as provided in relevant sections of these regulations.

Public notice for use permit and variance applications, in order to fulfill the intent of this section, shall be sufficiently general so the public will be aware of the type of project proposed and the types of actions the commission may take, without further notice, to approve or conditionally approve the project.

Likewise, on appeal, the council may act to alter property development standards by variance or use permit if a variance or use permit application is under consideration.

C. Expiration of use permit.

1. When a use, that was allowed by approval of a use permit, ceases operation for one year or such other time period as specified in the conditions of approval, then reinstatement of that use will be allowed only with approval only with approval of a new use permit.

2. The community development director may extend the one-year limit stated in C.1, above, upon receipt of a written request, upon finding that circumstances have not changed significantly since the time the use ceased operation. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(c))

17.58.040 Findings.

In order to grant a use permit, the director or planning commission, or on appeal, the council, must find that the proposed use will not be detrimental to the health, safety or welfare of persons working or living at the site or within the vicinity. 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 use permits shall be justified by written findings, based on substantial evidence in view of the whole record. (Ord. 1265 § 2 Ex. A, 1994; Ord. 1124 § 4 Ex. A (part), 1988; Ord. 941 § 1 (part), 1982: prior code § 9204.2(D))

17.58.050 Conditions of approval.

Conditions imposed by the director, planning commission or council may include, but are not limited to, the following:

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

B. Special yards or open spaces;

C. Fences, walls or landscape screens;

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

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

F. Noise generation and attenuation;

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

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

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

J. Minimum site area;

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

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

M. Recycling and solid waste plans;

N. Conditions may not be imposed that restrict the use to a specific person or group. (Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(E))

17.58.060 Criteria for approval.

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 duties;

C. Standards and recommendations of agencies commenting on environmental documents for the proposal or for similar projects. (Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(F))

17.58.070 Requirement for and compliance with use permits.

A. When more than one use permit, including more than one type of use permit, is required by individual sections of these regulations, only one use permit application need be filed and acted upon. If both an administrative use permit or permits would simultaneously be required by separate sections, one planning commission use permit shall be processed to cover all requirements. If an administrative use permit for site development exceptions and/or requests for shared and mixed use parking reductions, and review by the architectural review commission are required, then only the architectural review application need be filed. Use permit applications for land uses pursuant to Table 9, Chapter 17.22, may not be reviewed in conjunction with architectural review and require filing of a separate application and payment of fees.

B. 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.

C. 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 deferred conditions.

D. If a structure or associated site development authorized by use permit is not issued building permits within three years of the date of approval, the use permit shall expire. Upon written request received prior to expiration, the director may grant renewals of use permit approval for successive periods of not more than one year each. Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved with new or modified conditions upon a finding that the circumstances under which the use permit was originally approved have substantially changed. Renewal of a use permit shall not require public notice or hearing, unless the renewal is subject to new or modified conditions. In order to approve a renewal, the director must make the findings required for initial approval. (Ord. 1553 § 22, 2010: Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(G))