The Use Permit review and approval process is intended to apply
to uses that are generally consistent with the purposes of the zone
where they are proposed but require special consideration to ensure
that they can be designed, located, and operated in a manner that
will not interfere with the use and enjoyment of surrounding properties.
(Ord. 19-1 § 3)
Approval of a Use Permit is required for uses or developments specifically identified in Division II, Zone Regulations, and/or any other section of this title which requires a Use Permit.
(Ord. 19-1 § 3)
A.
Conditional Use Permits. The Planning Commission shall act
as the Review Authority for Conditional Use Permits based on consideration
of the requirements of this chapter.
B.
Minor Use Permits. The Zoning Administrator shall act as the
Review Authority for Minor Use Permits based on consideration of the
requirements of this chapter. The Zoning Administrator may, at his
or her discretion, refer any application for a Minor Use Permit for
a project that may generate substantial public controversy or involve
significant land use policy decisions to the Planning Commission for
decision. In that case, the application shall be processed as a Conditional
Use Permit.
(Ord. 19-1 § 3)
Applications for Use Permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a Use Permit shall include data or other evidence in support of the applicable findings required by Section 17.38.060, Required Findings.
(Ord. 19-1 § 3)
A.
Conditional Use Permits. All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 17.35, Common Procedures.
B.
Minor Use Permits. All applications for Minor Use Permits shall require public notice pursuant to Section 17.35.060, Public Notice. A public hearing on a Minor Use Permit shall occur only when a hearing is requested by the applicant or other interested person(s) in writing and received by the Zoning Administrator within 10 days of the mailed notice. In the event a public hearing is requested, the Minor Use Permit shall be scheduled for a hearing before the Zoning Administrator pursuant to Chapter 17.35, Common Procedures.
(Ord. 19-1 § 3)
The Review Authority must make all of the following findings
to approve or conditionally approve a Use Permit application. The
inability to make one or more of the findings is grounds for denial
of an application.
A.
The
proposed use is allowed within the applicable zone and complies with
all other applicable provisions of this title and all other titles
of the West Sacramento Municipal Code;
B.
The
proposed use is consistent with the General Plan and any applicable
specific plan;
C.
The
proposed use will not be averse to the public health, safety, or general
welfare of the community, nor detrimental to surrounding properties
or improvements;
D.
The
proposed use complies with any design or development standards applicable
to the zone or the use in question, unless waived or modified pursuant
to the provisions of this title;
E.
The
design, location, size, and operating characteristics of the proposed
activity are compatible with the existing and reasonably foreseeable
future land uses and circulation in the vicinity; and
F.
The
site is physically suitable for the type, density, and intensity of
the use being proposed, including access, utilities, and the absence
of physical constraints.
(Ord. 19-1 § 3)
In approving a Use Permit, the Review Authority may impose reasonable
conditions or restrictions to achieve the following outcomes. The
Review Authority may also require reasonable guarantees and evidence
that such conditions are being, or will be, complied with.
A.
Ensure
that the proposal conforms in all significant respects with the General
Plan and with any other applicable plans or policies adopted by the
City Council;
B.
Achieve
the general purposes of this title or the specific purpose of the
zone in which the project is located;
D.
Mitigate
any potentially significant impacts identified because of environmental
review conducted in compliance with the California Environmental Quality
Act.
(Ord. 19-1 § 3)
