This chapter describes the process and general requirements
applicable to those uses for which this Ordinance requires a Use Permit
(Conditional or Minor) or a Temporary Use Permit.
A. The
Use Permit process is intended to apply to uses that are generally
consistent with the purposes of the district 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. The process for review
of all Use Permit applications is designed to evaluate possible adverse
impacts and to minimize them where possible through the imposition
of specific conditions or requirements. Approval of a Use Permit requires
careful review of the location, design, configuration, and special
impacts of a proposed use with respect to applicable policies, standards,
and criteria to determine the desirability of permitting its establishment
on a particular site.
B. The
Temporary Use Permit review process allows for the establishment of
certain uses for a limited duration of time and that do not permanently
alter the character or physical facilities of the property where they
occur.
(Ord. 1646 § 2, 2022)
Use Permit and Temporary Use Permit approval is required for
the following:
A. Conditional Use Permit. A Conditional Use Permit is required
for:
1. Any use with hours of operation between 12:00 midnight and 6:00 a.m.,
except for properties within the BTP-M, BTP-H, GMPD, MIM, MIH, or
OPSPD Zoning Districts that do not directly abut another zone district;
2. Any commercial use with live entertainment; or
3. Uses or developments specifically identified in Division
II (“Conventional District Regulations”) and Division
III (“Form-Based District Regulations”), and/or any other section of this Ordinance which requires a Use Permit.
B. Minor Use Permit. A Minor Use Permit is required for any new
use or change of use from a Public and Semi-Public, Commercial, Industrial/R&D,
or Transportation, Communication and Utilities use classification
category to another non-residential use classification category within
300 feet of a residential district. A change in occupancy is not considered
a change in use unless the new occupant is in a different use classification
category than the former occupant.
C. Temporary Use Permit. A Temporary Use Permit is required for the review and approval of certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the property where they occur. In addition to any other license or approval required by the City, a Temporary Use Permit is required for temporary uses pursuant to Chapter
20.340 (“Temporary Uses”).
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
A. The
review authority must make all of the following findings in the affirmative
in order to approve or conditionally approve a Conditional Use Permit
or a Minor Use Permit application. The inability to make one or more
of the findings in the affirmative is grounds to deny an application.
1. The proposed use is allowed within the applicable zoning district
and complies with all other applicable provisions of this Ordinance
and all other titles of the South San Francisco Municipal Code;
2. The proposed use is consistent with the General Plan and any applicable
specific plan;
3. The proposed use will not be adverse to the public health, safety,
or general welfare of the community, nor detrimental to surrounding
properties or improvements;
4. The proposed use complies with any design or development standards
applicable to the zoning district or the use in question as may be
adopted by a resolution of the Planning Commission and/or the City
Council;
5. The design, location, size, and operating characteristics of the
proposed activity would be compatible with the existing and reasonably
foreseeable future land uses in the vicinity;
6. The site is physically suitable for the type, density, and intensity
of use being proposed, including access, utilities, and the absence
of physical constraints;
7. An environmental determination has been prepared in accordance with
CEQA.
B. The
Chief Planner may approve an application for a Temporary Use Permit
to allow a temporary use for a period of time, only upon making all
of the following findings:
1. The proposed use will not unreasonably affect adjacent properties,
their owners and occupants, or the surrounding neighborhood, and will
not in any other way constitute a nuisance or be detrimental to the
health, safety, peace, comfort, or general welfare of persons residing
or working in the area of such use or to the general welfare of the
City; and
2. The proposed use will not unreasonably interfere with pedestrian
or vehicular traffic or circulation in the area surrounding the proposed
use, and will not create a demand for additional parking that cannot
be safely and efficiently accommodated by existing parking areas.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
The Chief Planner shall provide notice of any action by the
Chief Planner to approve, modify, or deny an application for a Minor
Use Permit to the Planning Commission within the applicable appeal
period.
(Ord. 1646 § 2, 2022)
A. Appeals. A decision of the Chief Planner may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council, as provided in Chapter
20.570 (“Appeals and Calls for Review”).
B. Expiration, Extensions, and Modifications. Use Permits are effective and may only be extended or modified as provided for in Chapter
20.450 (“Common Procedures”).
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Failure to comply with any Use Permit condition is a violation of this chapter subject to enforcement, penalties, and legal procedure as prescribed by Chapter
20.580 (“Enforcement and Abatement Procedures”). Any Use Permit granted in accordance with the terms of this chapter may be revoked upon failure to comply with any of the conditions or terms of such permit, or if any law or ordinance is violated in connection therewith.
(Ord. 1646 § 2, 2022)
A Use Permit may be revoked as provided by Section
20.580.006 (“Revocation of Permits”).
(Ord. 1646 § 2, 2022)