Use permits are required for uses identified as "conditional"
or "conditional uses" in district land use regulation tables, or as
described elsewhere in the zoning ordinance which may be suitable
only in specific locations in a zoning district or which require special
consideration in their design, operation or layout to ensure compatibility
with surrounding uses.
(O2003-12; O2004-9)
The Planning Commission shall approve, conditionally approve
or deny applications for use permits; except that, upon recommendation
from the Planning Commission, the City Council shall approve, conditionally
approve, or deny use permit applications for hotels. Except for hotel
uses, the Community Development Director shall approve, conditionally
approve, or deny applications for extensions through the administrative
permit process if the application is made prior to expiration.
(O2017-016, 12/19/17)
General regulations for the use permit process, including application, review time frame, processing fees, environmental review, processing of multiple applications, continuance of hearing, scheduling Council hearing, effect of failure to give notice, the effective date of permit, approval to run with the land, extensions, amendments, revocation, new application following denial and expiration are found in Chapter 17.68.
(O2003-12)
All plans, drawings, and other information pertaining to a proposed
project provided by an applicant in connection with a use permit,
and any and all representations, whether written or oral, made by
the applicant either to staff or to any city decision maker, in an
application or during any part of the permit review process, shall
automatically be deemed a part of such project, and a condition of
entitlement by operation of law, if such entitlement is approved or
granted.
(O2003-12)
Master use permits may be filed for development where there
are multiple uses or tenants (existing or proposed) on a given site.
Master use permits shall be processed in accord with all of the provisions
of this chapter. Each master use permit shall list all of the land
uses authorized by the permit, and may be subject to conditions over
and above those that might be applied for a particular use.
(O2003-12)
In approving a use permit the decision-making body may apply
reasonable conditions of approval.
(O2017-016, 12/19/17)
The decision-making body may issue a use permit if the following
findings can be made.
A.
The
proposed use is in accord with the General Plan, applicable specific
plans, the objectives of the zoning ordinance and the purposes of
the district and overlay district in which the site is located. (This
finding is not required for nonconforming uses, which were legally
established prior to the adoption of the General Plan and implementing
zoning.)
B.
The
proposed use, together with the conditions applicable thereto, will
not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity, or to the
general welfare of the city.
C.
The
proposed use complies with each of the applicable provisions of the
zoning ordinance.
D.
Any
other applicable findings required under other chapters of this title
for the specific use.
(O2017-016, 12/19/17)
The decision-making body shall hold a public hearing on an application for a use permit. Notice shall be provided in accordance with Chapter 17.68. The decision-making body shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.
(O2017-016, 12/19/17)
Appeals of decisions by the Community Development Director or Planning Commission on use permits shall be filed within 10 calendar days of the approval of the permit, or if the 10th day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.70 (Appeals).
(O2017-016, 12/19/17)
