Chapter 8.102
MINOR USE PERMIT

8.102.010 Purpose.

The purpose of this Chapter is to establish a procedure for approving or denying land uses that are subject to a minor use permit requirement under the City Code. Such uses would only be approved if their effect on the surrounding environment can be made acceptable through the application of conditions of approval. Rev. Ord. 15-09 (November 2009)

8.102.020 Uses Requiring a Minor Use Permit.

The uses and related structures requiring a Minor Use Permit shall be limited to those in Chapter 8.12, Zoning Districts and Permitted Uses of Land, for each zoning district, and elsewhere in this Chapter. Rev. Ord. 15-09 (November 2009)

8.102.030 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 Community Development Director. Rev. Ord. 15-09 (November 2009)

8.102.040 Concurrent Consideration.

When a Minor 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 or denied by the same decision-maker or body for those actions. Rev. Ord. 15-09 (November 2009)

8.102.050 Notice and Hearings.

Minor Use Permit applications shall be considered by the Community Development Director with notice pursuant to Chapter 8.132, Notice and Hearings. A Notice of Decision shall be provided not less than 10 days before the date of a scheduled decision by the Community Development Director. Rev. Ord. 15-09 (November 2009)

8.102.060 Required Findings.

The following findings shall all be made in order to approve a Minor Use Permit and shall be stated in the Notice of Decision:

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

B.    The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include a parking reduction for shared parking.

C.    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.

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

E.    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.

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

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

H.    The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans. Rev. Ord. 15-09 (November 2009)

8.102.070 Action.

The decision-maker for Minor Use Permits shall be the Community Development Director (or his/her designee). The decision-maker may approve, conditionally approve, or deny a Minor Use Permit based on the required findings in Section 8.102.060. If the Community Development Director determines that the proposed use could have impacts that should be considered by the Planning Commission at a public hearing, the Community Development Director may refer decision making on the Minor Use Permit to the Planning Commission. Rev. Ord. 15-09 (November 2009)

8.102.080 Amendments.

A.    Minor Amendment. The Community Development Director or his/her designee shall determine that a minor amendment to a Minor Use Permit is in substantial conformance with the Minor 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 Minor Use Permit. A minor project shall include any of the following:

1.    The cumulative physical expansion of any structure approved in the original Minor 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 Minor Use Permit shall be the same as the process for approving a Minor Use Permit except that the decision-maker for such Minor Use Permit shall be the same decision-maker that ultimately approved the Minor Use Permit including any approval on appeal, or by referral. Rev. Ord. 15-09 (November 2009)

8.102.090 Building Permits.

Building Permits shall not be issued except in accordance with the terms and conditions of the Minor Use Permit approval. Rev. Ord. 15-09 (November 2009)

8.102.100 Procedures.

The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Rev. Ord. 15-09 (November 2009)