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. 
Review Authority.
1. 
Conditional Use Permits. Unless otherwise specified in the South San Francisco Municipal Code, the Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this chapter.
2. 
Minor Use Permits. The Chief Planner shall approve, conditionally approve, or deny applications for Minor Use Permits based on consideration of the requirements of this chapter. The Chief Planner may, at their 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 a decision rather than acting on it. In that case, the application shall be processed as a Conditional Use Permit.
3. 
Temporary Use Permits. An application for a temporary use shall be submitted at least 30 days before the use is intended to commence. The application shall be on a form approved by the Chief Planner and shall include the written consent of the owner of the property or the agent of the owner on which the use is to be located.
B. 
Application Requirements. Applications for Use Permits and Temporary Use Permits shall be filed with the Planning Division on the prescribed application forms in accordance with the application procedures in Chapter 20.450 (“Common Procedures”). In addition to any other application requirements, the application for a Use Permit or Temporary Use Permit shall include data or other evidence in support of the applicable findings required by Section 20.490.004 (“Required Findings”), below.
C. 
Public Notice and Hearing.
1. 
Conditional Use Permits. All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 20.450 (“Common Procedures”).
2. 
Minor Use Permits. All applications for Minor Use Permits shall require public notice and hearing before the Chief Planner pursuant to Chapter 20.450 (“Common Procedures”).
3. 
Temporary Use Permits. An application for a Temporary Use Permit does not require a public hearing.
(Ord. 1646 § 2, 2022)
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)
A. 
In approving a Conditional Use Permit or a Minor Use Permit, the review authority may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 20.490.004 (“Required Findings”) above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
B. 
In approving a Temporary Use Permit, the Chief Planner may impose any conditions deemed necessary to achieve the findings for a Temporary Use Permit listed above, including: regulation of vehicular ingress and egress and traffic circulation; regulation of lighting; regulation of hours and/or other characteristics of operation; submission of final plans to ensure compliance with conditions of approval, and such other conditions as the Chief Planner may deem necessary and reasonable. At minimum, the Chief Planner shall impose the following conditions if applicable:
1. 
Any construction or other work shall conform to all applicable rules and regulations. This may include documentation or demonstration that the project complies with all applicable development and design standards.
2. 
Fire protection and access for fire vehicles shall be provided as specified by the Fire Chief.
3. 
The site shall be completely cleaned and all trash, debris, signs, sign supports, and temporary structures and electrical service removed within three days following the date specified for termination of the temporary use.
4. 
Fencing or other security measures the Police Department deems necessary to minimize risk.
(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)