A. 
Process. This chapter is intended to provide a process for reviewing use permit applications to allow for activities and uses identified in the various zoning districts, and whose effect on the surrounding area cannot be determined before being proposed for a particular location.
B. 
Review and Input. This chapter is intended to ensure adequate review and input for any development project which may potentially impact the community and to ensure that the integrity of each land use district is protected.
C. 
Review of Potential Impacts. At the time of an application for a use permit, a review of the configuration, design, location, and potential impact(s) of the proposed project shall be conducted by comparing the project to established standards. This review shall determine whether the permit should be approved by weighing the public need for, and the benefit to be derived from, the project against any impact(s) it may cause.
(Prior code § 16-575.010)
A. 
Commission Use Permits. The Commission is the Review Authority for Commission use permits subject to appeal in compliance with Chapter 16.100 (Appeals).
B. 
Administrative Use Permits. The Director is the Review Authority for Administrative use permits subject to appeal in compliance with Chapter 16.100 (Appeals). The Director may defer action and refer the application directly to the Commission in compliance with Section 16.88.050(B) (Review with notice procedure).
(Prior code § 16-575.020)
A use permit is a permit issued by the City for land uses that, although allowed in a specific zoning district, have the potential to adversely affect other land uses, transportation and parking, or other facilities in the vicinity. The use permit contains conditions to eliminate, or minimize to an acceptable level, any potentially adverse effects of the use. Uses requiring use permits are identified on Table 2-2 (Allowable Land Uses and Permit Requirements). Use permits include the following types:
A. 
Commission Use Permits. Permits for uses that have the potential for a significant impact on surrounding areas, either because of the size of the project or the nature of the use. Commission use permits are subject to review by the Commission and are identified by a "C" on Table 2-2 (Allowable Land Uses and Permit Requirements).
B. 
Administrative Use Permits. Permits for uses that have the potential for a slight, although definite, impact on surrounding areas. Administrative use permits are subject to review by the Director and are identified by an "A" on Table 2-2 (Allowable Land Uses and Permit Requirements).
(Prior code § 16-575.030)
A. 
Filing. An application for a use permit shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B. 
Contents. In addition to the application form, each application shall contain at least:
1. 
A site plan(s);
2. 
A floor plan(s); and
3. 
An elevation(s) of all structure(s).
C. 
Analysis. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment). The Director may defer action and refer the application directly to the Commission in compliance with Section 16.88.050(C) (Public hearing review procedure).
D. 
Notice and Hearing. Following review by the Director, notice shall be provided in compliance with Section 16.88.030 (Public hearing notices).
1. 
Commission Use Permit. The Commission shall review an application for a Commission use permit. Public noticing and the conduct of the hearings shall be in compliance with Chapter 16.88 (Review Procedures) for actions in which the Commission is the Review Authority.
2. 
Administrative Use Permit. After the review period, the Director shall:
a. 
Hearing Request. If a public hearing is requested, conduct a public hearing in compliance with Section 16.88.050(B) (Administrative review procedure).
b. 
No Hearing Request. If no request is received for a public hearing, either:
i. 
Approve, conditionally approve, or disapprove an Administrative Use Permit in compliance with the administrative review procedure (Section 16.88.050(B)); or
ii. 
Defer action and refer the application directly to the Commission in compliance with the public hearing review procedure (Section 16.88.050(C)) for actions in which the Commission is the Review Authority.
(Prior code § 16-575.040)
Following appropriate review, the applicable Review Authority shall provide the decision with the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. The use permit (Commission or administrative) shall be approved, with or without conditions, only if all of the following findings of fact can be made:
A. 
General Findings. The following findings shall be made for all use permits:
1. 
The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of this Development Code and the Municipal Code;
2. 
The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located;
3. 
The proposed use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan;
4. 
The subject site would be physically suitable for the type and density/intensity of use being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.);
5. 
The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use;
6. 
The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property; and
7. 
The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
B. 
Problems Uses. In addition to the findings in subsection A of this section (General findings), the following findings shall be made for all uses defined as "problem uses" in Division 8 (Glossary):
1. 
The proposed use is not likely to interfere with the comfortable enjoyment of life or property in the area;
2. 
The proposed use will not increase or encourage the deterioration or blight of the area; and
3. 
The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential.
C. 
Alcoholic Beverages. In addition to the findings in subsection A of this section (General findings) and subsection B of this section (Problem uses), the following findings shall be made for all uses which incorporate "alcoholic beverage sales activity" as defined in Section 16.80.040:
1. 
The proposed use will not result in repeat nuisance activity on or in close proximity to the premises. Nuisance activity includes, but is not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination/defecation, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noise (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or police detentions and arrests;
2. 
The owners and all employees of the establishment would complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Sales" (RBS) or any other California Department of Alcoholic Beverage Control Board (ABC) approved program within 60 days of hire for employees hired after the passage of this Development Code or within six months of the passage of this Development Code for existing employees. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board, Service Advisory Board or other certifying/licensing body designated by the State of California;
3. 
The proposed use will comply with all provisions of local, state and federal laws, rules, regulations, policies, or orders, including, but not limited to, those promulgated and or enforced by the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, and any condition imposed on any valid permit(s) issued pursuant to applicable laws, regulations or other authority. This includes compliance with annual city business license fees; and
4. 
If required by Business and Professions Code Section 23958.4, public convenience or necessity would be served by the issuance of this Commission Use Permit or land development permit. In making a determination of public convenience or necessity, the applicable Review Authority may consider criteria, including, but not limited to, the following:
a. 
Proximity and number of other establishments selling alcohol;
b. 
Proximity of the establishment to schools, playgrounds, and other facilities serving young people;
c. 
Proximity of the establishment to residential neighborhoods;
d. 
Whether the establishment provides a wide range of desirable goods and services or a unique type of goods or services;
e. 
Whether the establishment has Building Code and/or Health Code violations; and
f. 
Whether the establishment will negatively influence the rate of criminal activity in the neighborhood, including, but not limited to, the following: loitering and vandalism, public drinking and drunkenness, illegal drug usage and sales, theft or violent behavior.
(Prior code § 16-575.050; Ord. 2016-01-26-1601 C.S. § 6)
The Director shall provide written notice of the decision on the use permit application to the applicant and interested parties within 10 days following the public/final date of the decision.
(Prior code § 16-575.060)
In approving a use permit, the requirements of this Development Code are considered a minimum and the applicable Review Authority may impose specific development conditions relating to the location, establishment, construction (both on- and off-site improvements), operation, maintenance, and duration of the proposed activity, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.168.050 (Findings and decision), and to carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-575.070)
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; effective date; and the review of the project following approval of a use permit shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures shall apply, as applicable, after approval of a use permit:
A. 
Appeals. Appeals in compliance with Chapter 16.100 (Appeals);
B. 
Changes to a Use Permit. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
C. 
Expiration/Extension. Expiration and extensions of use permits that have not been initiated in compliance with Section 16.96.020(A) (Expiration of permits or entitlements—Before initiation of permit or entitlement);
D. 
Revocation/Modification. Revocation or modification in compliance with Chapter 16.108 (Revocation and Modification); and
E. 
Validity. Once granted and initiated, a use permit shall remain valid, even if it subsequently ceases operation, unless voluntarily surrendered or superseded, or revoked by an action of the Review Authority.
F. 
Posting of Use Permit. All use permits shall be posted in a prominent location so as to be visible to the general public.
(Prior code § 16-575.080)