Chapter 17.124
USE PERMITS
Sections:
17.124.040 Application submittal and review.
17.124.050 Public notice and hearing.
17.124.070 Findings for approval.
17.124.080 Conditions of approval.
17.124.090 Appeals and post-decision procedures.
17.124.100 Master use and tenant use permits.
17.124.010 Purpose.
This chapter describes the process to obtain use permits, which include conditional use permits, minor use permits, master use permits, and tenant use permits. A use permit is required for land uses that are generally appropriate within a zoning district, but potentially undesirable on a particular parcel or in large numbers. A use permit is a discretionary action that enables the city to ensure that a proposed use is consistent with the general plan and local coastal program land use plan and will not create negative impacts to adjacent properties or the general public. (Ord. 1043 § 2 (Att. 2), 2020)
17.124.020 When required.
A. Land uses that require a conditional use permit or a minor use permit are shown in the land use regulation tables for each zoning district found in Part 2 of this title (Zoning Districts and Overlay Zones).
B. Land uses eligible for a master use permit or a tenant use permit are described in Section 17.124.100 (Master use and tenant use permits). (Ord. 1043 § 2 (Att. 2), 2020)
17.124.030 Review authority.
A. The planning commission takes action on conditional use permit and master use permit applications.
B. The community development director takes action on minor use permit and tenant use permit applications.
C. The community development director may refer any minor use permit and tenant use permit application to the planning commission for review and final decision. (Ord. 1043 § 2 (Att. 2), 2020)
17.124.040 Application submittal and review.
Use permit applications shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.124.070 (Findings for approval). (Ord. 1043 § 2 (Att. 2), 2020)
17.124.050 Public notice and hearing.
A. The planning commission shall review and act on a conditional use permit or a master use permit application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).
B. Public notice of a pending action on a minor use permit application shall be provided in compliance with Chapter 17.148 (Public Notice and Hearings). The community development director shall hold a public hearing for a minor use permit application only upon receiving a written request for a public hearing as provided in Section 17.148.030 (Notice of pending action for minor use permits and minor design permits).
C. No public hearing is required for a tenant use permit. (Ord. 1043 § 2 (Att. 2), 2020)
17.124.060 Considerations.
When evaluating a conditional use permit, minor use permit, or master use permit application, the review authority shall consider the following characteristics of the proposed use:
A. Operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts).
B. Availability of adequate public services and infrastructure.
C. Potential impacts to the natural environment.
D. Physical suitability of the subject site for the proposed use in terms of design, location, operating characteristics, shape, size, topography. (Ord. 1043 § 2 (Att. 2), 2020)
17.124.070 Findings for approval.
To approve a conditional use permit, minor use permit, or master use permit, the review authority shall make all of the following findings:
A. The proposed use is allowed in the applicable zoning district.
B. The proposed use is consistent with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.
C. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and planned land uses in the vicinity of the property.
D. The proposed use will not be detrimental to the public health, safety, and welfare.
E. The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure. (Ord. 1043 § 2 (Att. 2), 2020)
17.124.080 Conditions of approval.
The planning commission or community development director may attach conditions of approval to a use permit to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council. (Ord. 1043 § 2 (Att. 2), 2020)
17.124.090 Appeals and post-decision procedures.
A. Planning commission decisions on conditional use permits may be appealed to the city council as described in Chapter 17.152 (Appeals).
B. Community development director decisions on minor use permits or tenant use permits may be appealed to the planning commission as described in Chapter 17.152 (Appeals).
C. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to use permits. (Ord. 1043 § 2 (Att. 2), 2020)
17.124.100 Master use and tenant use permits.
A. Purpose. A master use permit is a type of conditional use permit that identifies permitted land uses within a commercial property occupied by multiple tenants. Tenant use permits are issued by the community development director for individual tenants that comply with a master use permit.
B. Master Use Permit Eligibility. To be eligible for a master use permit, a property must:
1. Contain more than ten thousand square feet of floor area on a single parcel or on multiple adjoining parcels under one ownership;
2. Conform to all applicable parking and landscaping requirements; and
3. Contain leasable space for two or more tenants.
C. Permitting Process and Restrictions. The process to review and approve a master use permit is the same as for a conditional use permit, except as follows:
1. When approving a master use permit, the planning commission shall specify the uses allowed on the property. Allowed uses are limited to uses permitted or conditionally permitted in the applicable zoning district.
2. The planning commission may establish a maximum size for an individual tenant and/or use.
3. A change of tenant larger than twelve thousand square feet in a property with a master use permit requires planning commission approval of an amendment to the existing master use permit. A change in tenant larger than twelve thousand square feet may not be approved with a tenant use permit.
4. The planning commission may deny a master use permit upon finding that particular circumstances of the property, including an existing or proposed use, require a standard conditional use permit process to protect the public health, safety, and welfare.
D. Tenant Use Permits.
1. A land use proposed within a property subject to a master use permit may be established with a tenant use permit, except for tenants twelve thousand square feet or more as described in subsection (C)(3) of this section.
2. Tenant use permits are approved by the community development director. The director shall approve a tenant use permit if the proposed use is consistent with the conditions of the master use permit and the requirements of this section.
E. Tenant Notification. Prior to leasing space on a property with a master use permit, the permit holder shall inform the prospective tenant of the conditions of approval attached to the master use permit and the requirements of this section. (Ord. 1043 § 2 (Att. 2), 2020)