Chapter 14.09.300
Use Permits
Sections:
14.09.300.050 Use Permit Findings.
14.09.300.010 Purpose.
This chapter establishes a process to permit discretionary land use applications for uses that are generally consistent with the goals, objectives, and policies of the General Plan, and the purposes of the district where they are proposed, and that require special consideration and specific conditions of approval applied (e.g., operational limitations and design requirements) to minimize potential impacts that may otherwise result from a land use, and to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and consistent with the zoning district and the General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.300.020 Applicability.
A. A use permit is required for uses specifically identified in Part II, District Regulations, of Division 14.09, and/or any other part of the Zoning Ordinance which requires a use permit.
1. Minor Use Permit. A minor use permit (MUP) is required for land uses that have a limited scope or less potential for land use incompatibility impacts.
2. Conditional Use Permit. A conditional use permit (CUP) is required for land uses that may result in potentially significant land use incompatibility impacts.
B. Use permits apply to and run with the land where the use and/or development is approved. If a use was legally established as permitted use, and now requires a use permit the use is considered a nonconforming use. Once a land use approved with a use permit has been legally established and activated the use permit shall remain in effect (regardless of ownership), unless or until either of the following occurs:
1. There is a change in use to a use not entitled by the applicable use permit; or
2. The use is discontinued for a period of one year.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.300.030 Decision Maker.
A. Director. The Director of Community Development shall act as the decision maker for minor use permits based on consideration of the requirements of this chapter. The Director of Community Development may refer an application for a minor use permit to the Planning Commission where the project involves a significant policy issue.
B. Planning Commission. The Planning Commission shall act as the decision maker for conditional use permits based on consideration of the requirements of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.300.040 Procedures.
A. Application. The provisions set forth in Section 14.09.030.030, Application Forms and Fees, apply to applications and fees for a use permit and shall be submitted in accordance with the provisions set forth in Section 14.09.030.030, Application Forms and Fees. In addition, the application for a use permit shall demonstrate that the request conforms to the required findings set forth in Section 14.09.310.050, Adjustment Review Findings.
B. Public Notice. An application for a use permit shall require a public notice, pursuant to Section 14.09.030.070, Public Notice.
C. Public Hearing. An application for a minor use permit shall require a noticed public hearing held by the Director of Community Development. An application for a conditional use permit shall require a public hearing before the Planning Commission.
D. Decision. The decision maker must make a determination that the application for a use permit is in compliance with the applicable use permit findings. The decision maker shall deny an application for a use permit if it is unable to make a determination that a project complies with any of the use permit findings, in which case it shall state the reasons for that determination.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.300.050 Use Permit Findings.
The decision maker shall approve, conditionally approve, or deny a minor or conditional use permit application, based on the following findings:
A. That the subject site is suitable for the type and intensity of use or development proposed, and the proposed location, size, and design are compatible with adjacent uses or with natural resources;
B. The operating characteristics of the proposed use, including traffic, noise, light, and others, will be or with conditions of approval applied, will be in keeping with the character of the neighborhood and other adjacent uses or uses in the vicinity;
C. The proposed improvements of the site, including building design, height and bulk of buildings, setbacks, fencing, landscaping, signage size and location, are compatible with, or can be made compatible with by conditions of approval applied to with the surrounding neighborhood;
D. That the proposed use shall not result in conditions that would be detrimental to the public health, safety, or welfare of the community;
E. Adequate public facilities and services are available to serve the proposed use or will be made available concurrent with the proposed development;
F. Allowing the proposed use at the proposed location would be consistent with and help achieve the goals, objectives, and policies of the City General Plan and the Land Use and Development Code, including the applicable zoning district; and
G. The project would not result in a negative effect to the City’s land use inventory available for residential and economic development, consistent with the intent of the City’s General Plan Land Use Element.
(Ord. 1972, Repealed and Replaced, 02/22/2022)