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)
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)
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
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)