A. 
It is the purpose of this chapter to provide procedures for the review and, where necessary, the imposition of special conditions of approval on the construction of proposed projects which involve special site or design requirements, operating characteristics or potential adverse effects on the surrounding area.
B. 
"Director" shall mean the "Director of Planning and Building."
C. 
For the purpose of this chapter, "use permit" shall mean a conditional use permit (major) or a conditional use permit (minor).
(Ord. 87-80; Ord. 2003-08; Ord. 2015-01)
A. 
Without first having obtained a use permit, it shall be unlawful for any person to construct a project when such project is required by the provisions of this Code to obtain a use permit.
B. 
No building permit or other development permits shall be issued relating to a project for which a use permit is required by this Code until the use permit is obtained.
This chapter applies to all development projects which are required by the provisions of this Code to obtain a use permit.
A. 
The Director is authorized to render a final determination on an application for a use permit for a project:
1. 
That requires a minor use permit; and
2. 
Does not contain any component which requires a final determination from the Planning Commission or City Council.
B. 
The Planning Commission is authorized to render a final determination on an application for use permit for a project:
1. 
That requires a major use permit; and
2. 
That does not contain one or more components which requires a final determination by the City Council.
C. 
Upon receipt of an advisory recommendation from the Planning Commission, the City Council is authorized to render a final determination on all applications for use permit.
D. 
Upon receipt of advisory recommendations from the Planning Commission, the City Council is authorized to render a final determination on an application for a use permit for a project which contains one or more components that require a final determination by the City Council.
(Ord. 96-07; Ord. 97-17; Ord. 2015-01)
When notice is required by the provisions of this chapter, notice shall be made in accordance with Chapter 30.01 as modified by the following:
A. 
If the Director is authorized to render a final determination, the notice shall indicate the time prior to which written objections must be filed.
B. 
An application for a use permit for a project which requires an application for a tentative map, zone change or any other discretionary planning permit, shall be noticed as part of the noticing procedures required by the Code for such other applications.
C. 
If the date, time and place of a subsequent hearing or a continued hearing is announced at the noticed time and place, no additional notice is required for the second or continued hearing, unless required by law. If no such announcement is made at the noticed time and place, the second or continued hearing shall be noticed in accordance with Chapter 30.01 as modified by this section.
(Ord. 92-15; Ord. 2015-01)
A. 
Pre-Application Conference. Prior to submitting an application for a use permit, a prospective applicant shall consult with the Planning and Building Department to obtain information and to inform the Department of the applicant's intentions.
B. 
The owner, or the owner's authorized agent, of the real property on which the construction activity is proposed shall make application for a use permit to the Director on a form approved by the Director. To be received, the application must be accompanied by a filing fee in an amount set, from time to time, by resolution of the City Council, together with whatever additional plans and information the Director deems necessary to accomplish the purposes of this chapter. The application shall include plans, maps and displays in sufficient detail to explain the proposed project's compliance with the regulations contained in this chapter.
C. 
The Director shall provide to the applicant the dates, times and places for consideration of the application and place the matter on the agenda of the authorized body.
D. 
The Director is authorized to approve, disapprove, or conditionally approve an application for a minor use permit in accordance with the provisions of this chapter. When authorized to render a final determination, the Director shall hold a public hearing and make a decision; or refer the application to the Planning Commission.
E. 
If the Planning Commission is required to make an advisory recommendation or render a final determination on the application for a use permit, the Director shall submit the matter to the Planning Commission at a noticed, public hearing.
F. 
Following the close of public hearing, the Planning Commission may, by majority vote, in accordance with the provisions of this chapter, approve, disapprove, conditionally approve, or continue the consideration of the application. If the Planning Commission has advisory jurisdiction, the Planning Commission will render an advisory recommendation to the City Council.
G. 
Upon receipt of the advisory recommendation from the Planning Commission, the Director shall set the application for use permit as a noticed, public hearing for the next available meeting of the City Council. Following the close of public hearing, the City Council may, by majority vote, in accordance with the provisions of this chapter, approve, disapprove, or conditionally approve, or continue the consideration of the application.
(Ord. 96-07; Ord. 2015-01)
A. 
A final determination on the application for a use permit shall be made by written resolution if by the Planning Commission or by notice of determination if by the Director setting forth the facts which support the action.
B. 
An application for use permit shall be approved unless findings of fact are made based upon the information presented in the application or during the hearings which support one or more of the following conclusions:
1. 
The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to:
a. 
The inadequacy of public facilities, services and utilities to serve the proposed project,
b. 
The unsuitability of the site for the type and intensity of use or development which is proposed, and
c. 
The harmful effect, if any, upon environmental quality and natural resources of the City; or
2. 
The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; or
3. 
The project fails to comply with any other regulations, conditions or policies imposed by this Code.
C. 
The final determination shall be posted on the City's Website and shall become final unless an appeal is filed pursuant to Chapter 1.12.
(Ord. 92-15; Ord. 96-07; Ord. 2017-03; Ord. 2022-07)
A. 
The person or body authorized to render a final determination shall have the authority to impose such conditions and safeguards as it deems necessary to protect and enhance the health, safety, and welfare of the surrounding area, and to insure that the proposed project for which use permit approval is sought, fully meets the criteria as set forth in this chapter.
B. 
No use permit shall require a condition which is not reasonably related to the project for which the use permit is requested.
(Ord. 97-17)
Whenever a use permit is granted upon any condition or limitation, the person seeking the use permit may be required to furnish security in a form satisfactory to the Director in an amount sufficient to insure compliance with the conditions and limitations upon which such use permit is granted. Every such bond shall be in a form satisfactory to the Director, shall be conditioned upon compliance with the conditions and limitations upon which the user permit is granted.
At the discretion of the Director, to accomplish the purposes of the chapter, the use permit may be issued in the form of a covenant to be signed by the permittee and recorded with the County Recorder.
A. 
Prior to the issuance of a building permit or any other permit required for the construction of a project for which a use permit has been issued, the Director shall determine whether the plans submitted for such construction permit are in substantial conformance with the use permit.
B. 
The Director shall find project plans in substantial conformance if:
1. 
No project condition is changed or deleted;
2. 
No feature, facility or amenity is deleted or substantially altered which had been considered essential to the project's quality, safety or function by the decision-making body;
3. 
No additional lots or dwelling units are added;
4. 
No private or public open space is reduced in area or in its potential for use and enjoyment;
5. 
The shape and bulk of structures, exterior building materials, landscaping, parking and access are substantially in conformance with the spirit and intent of the use permit decision;
6. 
The grading plan will not increase or decrease the final grade on any part of the site by more than three feet over or under the plan approved by the use permit decision, unless the Director finds that the project is not substantially altered by the grading change; and
7. 
No significant changes are made which, in the opinion of the Director, should be reviewed by the body which approved the original use permit application.
C. 
For projects where the construction permit includes no or negligible changes to the approved project, the approval of the building permit shall constitute a final determination of substantial conformance.
D. 
For projects with minor changes to the approved project, an application for a formal, written substantial conformance shall be made. The final determination made under this section shall be effective unless an appeal is filed pursuant to Chapter 1.12. If the determination is that the proposed construction is in conformance, the proponent may proceed, at the proponent's own risk, during the appeal period. The proponent or any aggrieved person may appeal, or may apply for a modification of the use permit.
(Ord. 96-07; Ord. 2017-03; Ord. 2022-07)
A proponent may apply for a modification of a valid use permit. The application procedures, hearings and notifications for any modification shall be the same as for a new application. If the Director finds that the modification is minor, and is required due to circumstances beyond the proponent's control, the application for modification shall be given priority in scheduling for public hearings.
A. 
The use permit approval shall be valid for two years after the effective date of the permit. A building permit and any other permit required for the construction of the project shall be obtained within the two-year period. If construction has not started within the time period specified in the City's adopted building code, and is not diligently pursued thereafter, the use permit shall be deemed null and void.
B. 
The Director may, upon written request by the proponent, grant reasonable extensions of up to a total of two years for the use permit; provided no change in City policies has occurred which would be in conflict with the project. A request for such an extension shall be filed with the Director and at least 15 days prior to the expiration of the use permit, together with the required application fee. Upon proper filing of an application for extension, public notice shall be made according to the provisions of Chapter 30.01 as modified by this chapter. A public hearing is not required.
(Ord. 92-15)
A. 
The Director shall suspend any use permit and issue no certificate of occupancy if the project is not constructed in compliance with the use permit. The notice of suspension shall be mailed to the proponent by certified mail and posted on the project site.
B. 
The suspension of the use permit and the suspension of all related permits shall be lifted by the Director if:
1. 
The applicant has completed all necessary changes to bring the project into compliance with the original use permit, or with the use permit as amended by an appeal or modification; or
2. 
The final appeals body has determined that no violation of the original use permit exists.
(Ord. 06-96; Ord. 2015-01)
At least one year shall have elapsed since the effective date of a disapproval of an application before filing a new application seeking substantially the same use permit for any of the same property.
Any person aggrieved by a final determination made under the authority of this chapter may seek review by filing an appeal pursuant to the procedures within Chapter 1.12 of the Municipal Code.
A final determination by the Director or the Planning Commission shall be appealed only to the City Council.
(Ord. 96-07)