The purpose of this chapter is to provide a process for use permits review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of specific development proposal for the specific site. Use permits are either Administrative Use Permits or Major Use Permits. Administrative Use Permits may be approved or denied by the Planning Director. Major Use Permits require Conditional Use Permits and may be approved or denied by the Planning Commission. Each permit type is described in this chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in Chapter 19.04 (Application Processing).
(Ord. 2014-01 § 1)
A. 
Purpose. A Temporary Use Permit provides a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.
B. 
Applicability. A Temporary Use Permit shall be required prior to the establishment of any temporary use of property including special events.
C. 
Review Process. Applicant shall submit forms provided by the Planning Department along with required materials and any application fee as established by City Council resolution. The Planning Department and other departments as necessary shall review the request and render a decision within a five business-day review period. The decision shall clearly state, in writing, any conditions of approval or reasons for denial. Temporary Use Permits will be reviewed for compliance with development standards related to those activities.
D. 
Findings. The Director shall approve, or approve with conditions, an application for a Temporary Use Permit after finding all of the following. If the Director does not make all of these findings, he or she shall deny the Temporary Use Permit:
1. 
The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
2. 
The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
3. 
Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.
E. 
Conditions. In approving a Temporary Use Permit, the Director may impose such conditions as are needed to ensure that the required findings can be made. Such conditions may include, but shall not be limited to, the following:
1. 
Measures to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures.
2. 
Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.
3. 
Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.
4. 
Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above.
F. 
Permit Issuance. Upon approval of a Temporary Use Permit, the Planning Director shall issue the permit. The permit must be issued by the Director prior to the commencement of the specified temporary activity.
(Ord. 2014-01 § 1)
A. 
Purpose. The Administrative Use Permit provides a process for Planning Director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of specific development proposal for the specific site. It is anticipated that uses qualifying for an Administrative Use Permit are minor in nature, may have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility.
B. 
Applicability. This section applies to land use requiring an Administrative Use Permit as designated with an "AUP" on the allowed use tables.
C. 
Review Process. An application for an Administrative Use Permit shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. The Planning Director is the approving authority for Administrative Use Permits. However, the Planning Director may also refer an Administrative Use Permit to the Planning Commission for review and approval as pursuant to Section 19.04.140.B (Referral to the Planning Commission).
D. 
Findings. The Director shall approve, or approve with conditions, an application for an Administrative Use Permit after finding all of the following. If the Director does not make all of these findings, he or she shall deny the Administrative Use Permit:
1. 
The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable specific plans or City regulations/standards.
2. 
The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.
3. 
Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.
E. 
Conditions. In approving an Administrative Use Permit, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code.
F. 
Permit Issuance. Upon approval or denial of an Administrative Use Permit, the Planning Director shall provide a notice in the following manner. An Administrative Use Permit shall only become valid after the designated 10 day appeal period (Section 19.04.160 Appeals) has been completed.
1. 
A written decision to approve or deny an Administrative Use Permit shall be mailed to the applicant within five business days.
2. 
Upon approval of an Administrative Use Permit, the City shall, within five business days, cause a notice of approval to be served by mail upon the owner of every property within 300 feet of the boundary of the property that was the subject of the application. If no further issues come forward during the 10 day appeal period the Permit is determined valid as per Section 19.04.160.
(Ord. 2014-01 § 1)
A. 
Purpose. The Conditional Use Permit provides a process for Planning Commission review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of specific development proposal for the specific site. It is anticipated that uses qualifying for a Conditional Use Permit are not minor in nature, may have an impact on immediately adjacent properties and the community, and can be modified and/or conditioned to ensure compatibility.
B. 
Applicability. This section applies to land use requiring a Conditional Use Permit as designated with a "CUP" on the allowed use tables.
C. 
Review Process. An application for a Conditional Use Permit shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. The Planning Commission is the approving authority for Conditional Use Permits.
D. 
Findings. The Planning Commission shall approve, or approve with conditions, an application for a Conditional Use Permit after finding all of the following. If the Planning Commission does not make all of these findings, the Commission shall deny the Conditional Use Permit:
1. 
The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable specific plans or City regulations/standards.
2. 
The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.
3. 
Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.
E. 
Conditions. In approving a Conditional Use Permit, the Planning Commission may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code.
F. 
Permit Issuance. Upon approval or denial of a Conditional Use Permit, the Planning Director shall provide a copy of the Planning Commission's written decision to approve or deny a Conditional Use Permit to the applicant, and the appellant if any, within five business days. A Conditional Use Permit shall only become valid after the designated 10 day appeal period (Section 19.04.160 Appeals) has been completed.
(Ord. 2014-01 § 1)