The purposes of the use permits Chapter are to:
1. 
Provide a zoning compliance review and recording procedure for uses within the community.
2. 
Ensure that initiation or reestablishment of legally permitted uses comply with all standards and requirements of the Zoning Ordinance.
3. 
Provide the flexibility necessary to achieve the purposes of the General Plan and the Zoning Ordinance, in certain districts conditional uses are permitted, subject to the granting of a conditional use permit.
4. 
Provide for special consideration of conditional uses so that they may be located, constructed and operated in accord with the purposes of the General Plan and the Zoning Ordinance.
(ZO § 50.100; Ord. 515 § 2, 2018)
1. 
Use permits include administrative use permits, conditional use permits and temporary use permits as described below. A use permit may be revocable, or may be granted for a limited time period. The granting of a use permit shall not exempt the applicant from complying with the requirements of the Building Code nor any other applicable requirements of this code or any other local, State, or Federal requirements.
A. 
Administrative Use Permits. These permits are issued by the Community Development Director for uses that are generally permitted within a district and usually are of low impact to the community and environment. Conditions of approval, mandatory review periods, and expiration periods may be required at the discretion of the Community Development Director. In granting conditional approval, the Director may impose requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and overall development as deemed reasonable and necessary for the protection of adjacent properties and the public interest. If an administrative use permit denied by the Community Development Director is appealed to the Planning Commission, it shall be become a conditional use permit if approved. The Community Development Director may refer any administrative use permit application to the Planning Commission for review as a conditional use permit.
B. 
Conditional Use Permits. These permits are issued by the Planning Commission for conditional uses allowed within a district. The conditional use permits will usually include conditions of approval, mandatory review periods, and expiration periods as required at the discretion of the Planning Commission. In granting conditional approval, the Planning Commission may impose requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and overall development as deemed reasonable and necessary for the protection of adjacent properties and the public interest.
C. 
Temporary Use Permits. These permits are issued by the Community Development Director for uses or activities with a proposed duration of no more than 30 days in any 1 calendar year. Use permits may be issued by the Planning Commission for conditional uses with a duration of 31 days or longer in any 1 calendar year. Conditions of approval and expiration periods may be required at the discretion of the Community Development Director.
2. 
An application for a use permit shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees. An application for a use permit shall contain the following information:
A. 
Name and address of the applicant;
B. 
Statement that the applicant is the owner of the property or is the authorized agent of the owner;
C. 
Address or description of the property;
D. 
Statement indicating the manner of compliance with pertinent requirements of the Zoning Ordinance;
E. 
Any other data or information required by the Community Development Director to review and evaluate the application;
F. 
Site plan drawn at the scale of 1 inch to 20 feet, or such other scale as may be acceptable to the Community Development Director, including the following:
1) 
Accurate scale drawing of the site with property lines.
2) 
Existing and proposed uses and structures.
3) 
Existing and proposed locations of streets, utilities, drainage facilities, driveways, pedestrian walkways, off-street parking and off-street loading facilities.
4) 
Existing and proposed landscaped areas.
3. 
After determining that an application for use permit approval is complete, the Community Development Director shall review the application. The Community Development Director shall take action on applications for temporary use permits of less than 30 days and administrative use permits within 30 days of a complete application if such application is exempt from CEQA. The Community Development Director shall either approve, approve with conditions or deny any such applications.
4. 
The Community Development Director shall forward the application for conditional use permits and temporary use permits of more than 30 days to the Planning Commission along with his recommendation. The Planning Commission shall either approve, approve with conditions or deny the application.
(ZO § 50.200; Ord. 515 § 2, 2018)
The Community Development Director and Planning Commission may grant an application for a use permit as the use permit was applied for or in modified form only if all the following findings are made:
1. 
That the proposed use is consistent with the General Plan.
2. 
That the proposed location of the use conforms with the purposes of the Zoning Ordinance and the purposes of the district in which the site is located, and will comply with the applicable provisions of the Zoning Ordinance.
3. 
That the location, size, design and operating characteristics of the proposed use will be compatible in design, scale, coverage and density with existing and anticipated adjacent uses.
4. 
There is adequate access, traffic, public utility, and public service capacity for the proposed use and surrounding existing and anticipated uses.
5. 
There are no potential, significant adverse environmental impacts that could not be feasibly mitigated and monitored.
(ZO § 50.300; Ord. 515 § 2, 2018)
Use permits that are approved with required review periods shall be reviewed by the Community Development Director within 30 days of the periodic review date as measured from the date of final approval. The Community Development Director shall review the use allowed by the use permit for the purpose of determining compliance with the conditions of the permit. If the Community Development Director determines as a result of this review that conditions of the permit are not being fulfilled, then a written notification of noncompliance shall be mailed to the owner of the use, and the owner of the property upon which that use is located, if different. The use owner or property owner shall then have the opportunity to amend the operation of the use to comply with the conditions of the permit, to the satisfaction of the Community Development Director.
If the Community Development Director determines that the use will not fully comply with the permit, and no public hearing was held on its original approval, the Community Development Director shall consider revocation or modification of the use permit.
If the Community Development Director determines that the use will not fully comply with the permit, and a public hearing was held on its original approval, the Community Development Director shall forward the notification of noncompliance to the Planning Commission along with his report. After receiving the report, the Commission may, at its discretion, set the matter for a public hearing to review/discuss the report and consider revocation or modification of the use permit.
(ZO § 50.500; Ord. 515 § 2, 2018)
1. 
Except for vesting tentative maps approved under Title 10, Chapter 2, Article 3.1 of the Municipal Code and development agreements approved under Title 10, Chapter 8 of the Municipal Code, a use permit shall expire 1 year from the date of approval unless prior to the expiration 1 or more of the following occurs:
A. 
A building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application.
B. 
A certificate of occupancy is issued by the Building Official for the site or the structure which was the subject of the use permit application.
C. 
The holder of the use permit takes such other implementing action as stated in the use permit.
D. 
A longer period of time, not to exceed 2 years, is approved by the Planning Commission or City Council
2. 
A use permit approved in conjunction with the approval of a vesting tentative map or development agreement shall expire concurrently with the expiration of the vesting tentative map or according to the terms of development agreement.
3. 
An administrative or conditional use permit may be renewed for an additional period not to exceed 1 year; provided, that prior to the expiration of 1 year from the date when the use permit originally became effective, a request for renewal of the use permit is filed with the Community Development Director. The Planning Commission may grant or deny a request for renewal of a use permit and shall make written findings regarding the approval or denial of the renewal. The decision of the Planning Commission may be appealed to the City Council in the same time and manner and with the same effect as an appeal from the Planning Commission action on the original request for the use permit.
4. 
An administrative or conditional use permit shall be considered abandoned, and shall no longer be valid, if the use has been discontinued or changed to another use for a continuous period of 6 months. If the Community Development Director determines that a use permit has been abandoned, such determination shall be reported to the Planning Commission, the last known operator of the use and the owner of the property for which the use permit was secured. This determination may be appealed by the property owner; provided, that a written request of appeal is filed with Community Development Director within 10 working days of the mailing of the notice of abandonment. The Planning Commission shall act on such an appeal after holding a public hearing on the appeal.
5. 
A temporary use permit shall expire 30 days after the commencement of the activity or use for which the permit is secured, or 6 months after the approval of the permit, whichever is sooner. A single 30-day extension may be approved by the Community Development Director if unforeseen circumstances require prolongation of a use or activity beyond the original 30-day period.
(ZO § 50.600; Ord. 515 § 2, 2018)
1. 
The holder of the use permit or the owner of the property containing the use may apply for a modification of the terms and conditions of the existing use permit. The modification request shall be treated as a new application subject to the application, findings and public hearing requirements contained in Sections 13-50.200 through 13-50.400.
2. 
A use permit may be revoked or modified upon a finding of any 1 or more of the following grounds:
A. 
That the use permit was obtained or renewed by fraud.
B. 
That 1 or more of the conditions upon which the use permit was granted have been materially violated.
C. 
That the use or facility for which the permit was granted is so conducted as to be a nuisance.
Following an initial grant of a use permit by the Community Development Director, the Community Development Director shall have the authority to modify the conditions of the use permit, and this authority shall also include the removal or modification of existing conditions or the imposition of new conditions if he finds that the use is not consistent with its approved use and conditions or is contrary to the public health, safety or welfare.
Following the initial grant of a use permit through a public hearing, the Planning Commission shall have the authority to modify the conditions of the use permit through a public hearing if it finds that the use is not consistent with its approved use and conditions or is contrary to the public health, safety or welfare. This authority shall also include the removal or modification of existing conditions or the imposition of new conditions. The modification of a permit may include the modification of the terms of the permit itself, or the waiver of conditions of the permit, or the alteration of conditions of the permit, or the imposition of new conditions, if the grounds which would otherwise justify a revocation can be corrected or cured by any such modification. Any modification must be consistent with the required use permit findings of Section 13-50.300.
An action to revoke or modify a permit may be initiated by order of the City on its own motion or on the request of any city officer provided. The order shall set forth grounds for consideration of revocation or modification. The Planning Commission and City Council shall have the authority to revoke a conditional use permit as per Section 13-44.800 if it finds that the use is not consistent with its approved use and conditions or is contrary to the public health, safety or welfare.
(ZO § 50.700; Ord. 515 § 2, 2018)
1. 
A use permit shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.
2. 
Any conditional use permit which may be granted by the Planning Commission or City Council, including the conditions attached to the conditional use permit, shall be recorded by the grantee in the form of a covenant running with the land using the form of a document approved by the City Attorney. The recording shall occur within 30 days of conditional use permit approval.
(ZO § 50.800; Ord. 515 § 2, 2018)
1. 
A conditional use established prior to enactment of the Zoning Ordinance shall be permitted to continue subject to all the regulations applicable to use permits.
2. 
Alteration or expansion of a conditional use established prior to enactment of the ordinance shall be permitted upon the granting of a subsequent use permit.
3. 
A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of the ordinance if the structure is destroyed by fire or other calamity or by an act of God or by the public enemy and the reconstruction exceeds 50 percent of the structure. An exception to this requirement may be granted by the Community Development Director for reconstruction of public or private utility facilities during an emergency situation; provided, that a finding that the reconstruction is necessary to preserve or protect the public health or safety is made.
4. 
The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Chief Building Official.
(ZO § 50.900; Ord. 515 § 2, 2018)