Chapter 17.40
USE PERMITS
Sections:
17.40.020 Application requirements.
17.40.040 Use permit validity and extensions.
17.40.050 Compliance and revocation procedures.
17.40.010 Purpose.
The purpose of this chapter is to establish procedures and general standards for the review and approval of use permits required by various sections of this title. Uses that require use permit approval have been determined to have a special character that makes their establishment as a permitted or accessory use without prior review impractical and undesirable. This review shall be for the purpose of determining that each proposed use is, and will continue to be, compatible with surrounding existing and planned uses. It is also for the purpose of establishing special conditions as may be necessary to ensure the harmonious integration and compatibility of uses in the neighborhood and with surrounding areas. (Ord. 728 § 4, 2017).
17.40.020 Application requirements.
A. A use permit application shall be filed in accordance with CMC 17.02.120. The application shall be accompanied by the information identified in the Planning and Building Department handout as being required for use permit applications.
B. Application Completeness.
1. Within 30 days of receipt of an application for a use permit, the City shall notify the applicant in writing as to whether such application is complete for processing.
2. If the application is determined to be incomplete, the City shall inform the applicant of additional information required or the procedure by which such application can be made complete.
3. Upon receipt of such additional materials, a new 30-day period shall begin during which the City shall determine the completeness of the application.
4. Only an application for a use permit which has been determined to be complete shall be processed pursuant to the requirements of this title.
C. The filing of the application for a use permit shall not preclude the securing of additional information from the developer necessary for the proper consideration of a use permit nor does it insure that the use permit request complies with the law and with the requirements of this title.
D. If other approvals are required by this title, an application for a use permit may be filed and processed concurrently with the related entitlement request(s), and shall be acted upon simultaneously by the decision-making authority.
E. Following the denial of a use permit application or the revocation of a use permit, no application for such permit for the same or substantially the same use and design or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation. (Ord. 728 § 4, 2017).
17.40.030 Review procedures.
A. The Planning Director shall act on administrative use permit and temporary use permit applications.
1. Property owners within 300 feet of a property that is the subject of an administrative use permit application shall receive notification of the Department’s pending action at least 10 days prior to such action being taken.
2. The Planning Director may refer an administrative use permit or temporary use permit application to the Commission for action.
B. The Planning Commission shall act on a use permit application following a public hearing.
C. Action on a use permit application may include approving the permit in its original or modified form, and with such terms and conditions that are deemed appropriate or necessary as required by CMC 17.40.040. If no terms or conditions are specified, the use permit shall be considered unconditional and valid for an indefinite period, unless the use is abandoned for more than 180 days.
D. In approving or conditionally approving a use permit application, the decision-making authority shall make the following findings that the proposed use:
1. Is in accord with the General Plan and any applicable planned development.
2. Is in accord with all applicable provisions of this title.
3. Will not substantially impair or interfere with the development, use or enjoyment of other property in the vicinity.
4. Is consistent with and enhances Calistoga’s history of independently owned businesses, thus contributing to the uniqueness of the town, which is necessary to maintain a viable visitor industry and promote its economy.
5. Is resident-serving, in the case of a formula business. (Ord. 728 § 4, 2017).
17.40.040 Use permit validity and extensions.
A. Approval of a use permit shall lapse and become void one year following the date on which the use permit became effective, unless prior to the expiration of one year:
1. A building permit is issued and the applicant, in good faith, has diligently commenced construction and performed substantial work and incurred substantial liabilities in reliance thereon; or
2. A certificate of occupancy is issued for the structure which was the subject of the use permit application; or
3. The site is occupied and the activity has commenced, if no building permit or certificate of occupancy is required.
B. The Director may extend the time limit established by subsection (A) of this section by up to 12 months for a use permit’s approval to be exercised, subject to the following:
1. A written request for an extension of time shall be filed with the Planning and Building Department at least 30 days before the expiration of the one-year period, together with the filing fee required by resolution of the City Council. Expiration of the approval will be stayed until the decision on the extension request if the request is filed 30 days before the original expiration.
2. In approving a time extension, the Director shall determine that:
a. The applicant has made a good faith effort to exercise the approval. The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit or approval should be extended.
b. Conditions of the site and in the vicinity are substantially the same as when the approval was originally granted.
3. A use permit shall remain valid as long as the approved use is maintained in continuous operation and in full compliance with any adopted conditions of approval.
4. A use permit shall become null and void under either of the following circumstances:
a. Cessation of the use approved by the permit for a period of six months or more; or
b. Replacement of the use that is the subject of the use permit institution with a different use. (Ord. 728 § 4, 2017).
17.40.050 Compliance and revocation procedures.
A. The City may conduct investigations to ensure that a conditionally permitted use is being maintained and operated as applied for in compliance with all conditions.
B. Failure to operate in accordance with the conditions of the use permit may be the subject of an enforcement action and penalties as provided by CMC Title 1 and/or grounds for setting the matter for a public hearing to consider revocation or modification of the permit. The assessment of penalties shall in no way act as a waiver of the revocation of the permit. The City may also pursue any other option permitted by law to require compliance with the conditions of the permit.
C. A use permit may be revoked or modified by the review authority that originally approved the permit following a public hearing, in the case of a use permit approved by the Planning Commission or the City Council, or an administrative hearing in the case of an administrative use permit approved by the Planning Department.
D. If as the result of an investigation it is determined that one or more of the circumstances contained in subsection (E) of this section applies to a use permit granted in accordance with the provisions of this chapter, the review authority shall hold a public hearing to consider its revocation or modification. Written notice of the date, time, place and purpose of such public hearing shall be served to the following parties, as applicable:
1. The owner of the property for which the permit was granted;
2. The operator of the conditionally permitted use if the use is active; and
3. The party or parties who hold an active business license for the conditionally permitted use.
Such notice shall be provided by registered mail, postage prepaid, return receipt requested, not less than 10 days prior to the date of such hearing. Notice to the owner of the property shall be given at the address as shown on the latest equalized tax assessment roll. Notice to an operator of the conditionally permitted use may be given at the property address of the use. Additional notice shall be given in the manner prescribed in CMC 17.02.090.
E. The review authority may revoke or modify the use permit after making one or more of the following findings:
1. The permit was approved on the basis of erroneous or misleading information, misrepresentation or fraud.
2. One or more conditions of approval have not been completed or have been violated.
3. The use authorized by the permit is conducted or maintained in a manner that is detrimental to the public health or safety, or constitutes a public nuisance.
4. If a business license is required for the conditionally permitted use, a current business license has not been issued for the use authorized by the permit.
F. The revocation of a use permit shall have the effect of terminating the permit and denying the privileges granted by its approval. (Ord. 728 § 4, 2017).