Chapter 8.100

8.100.010 Purpose.

The purpose of this Chapter is to establish a procedure for conditionally approving or denying land uses, including related structures, that are not clearly permitted or prohibited because of their unique nature. Such uses and related structures would only be approved if their effect on the surrounding environment can be made acceptable through the application of conditions of approval.

8.100.020 Uses Requiring a Conditional Use Permit.

The uses and related structures requiring a Conditional Use Permit shall be limited to those in Chapter 8.12, Zoning Districts And Allowable Uses Of Land, for each zoning district, and elsewhere in this Ordinance.

8.100.030 Application.

The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and/or deposit and such materials as are required by the Director of Community Development.

8.100.040 Notice and Hearings.

Conditional Use Permit applications shall be considered at a public hearing with notice pursuant to Chapter 8.132, Notice and Hearings.

8.100.050 Concurrent Consideration.

When a Conditional Use Permit is required for a project which is also subject to a Zoning Ordinance Amendment, Specific Plan, Specific Plan Amendment, or General Plan Amendment, it shall be approved, conditionally approved, or denied by the same decision-maker or body for those actions.

8.100.060 Required Findings.

The following findings shall all be made in order to approve a Conditional Use Permit:

A.    The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity.

B.    It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare.

C.    It will not be injurious to property or improvements in the neighborhood.

D.    There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare.

E.    The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed.

F.    It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located.

G.    It is consistent with the Dublin General Plan and with any applicable Specific Plans.

8.100.070 Action.

The decision-makers for Conditional Use Permits shall be the Zoning Administrator or the Planning Commission, as specified in the Land Use Matrix in Chapter 8.12, Zoning Districts And Permitted Uses Of Land. The Planning Commission or the Zoning Administrator shall hold a public hearing, and after the public hearing is closed may, based on evidence in the public record, and the findings above, approve, conditionally approve, or deny a Conditional Use Permit by resolution.

8.100.080 Amendments.

A.    Minor Amendment. The Community Development Director or his/her designee shall determine that a minor amendment to a Conditional Use Permit is in substantial conformance with the Conditional Use Permit if it is a minor project as described below, is Categorically Exempt from the California Environmental Quality Act, and is consistent with the conditions of approval for the permit. It is not the intent of this Chapter that a series of Minor Amendments be used to circumvent the need for a new Conditional Use Permit. A minor project shall include any of the following:

1.    The cumulative physical expansion of any structure approved in the original Conditional Use Permit by no more than 1,000 square feet.

2.    The expansion or intensification of use by no more than 10% of the original use.

3.    Relocation of a use within the same property or structure.

4.    A maximum 25% increase or decrease in hours of operation.

B.    Other Amendments. The process for amending a Conditional Use Permit shall be the same as the process for approving a Conditional Use Permit except that the decision-maker for such Conditional Use Permit shall be the same decision-maker that ultimately approved the Conditional Use Permit including any approval on appeal, or by referral.

8.100.090 Building Permits.

Building Permits shall not be issued except in accordance with the terms and conditions of the Conditional Use Permit approval.

8.100.100 Procedures.

The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter.