Chapter 17.60
USE PERMITS
Sections:
17.60.010 Issuance conditions.
17.60.020 Application and fee.
17.60.040 Action by planning commission.
17.60.060 Expiration and extension.
17.60.100 Requirements for temporary use permits.
Prior legislation: Ords. 273, 323 and 466.
17.60.010 Issuance conditions.
Use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning commission, or within the historic district by the historic district commission, for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Guarantees to ensure compliance with terms and conditions may be required by the commission. (Ord. 890 § 3(3), 1998: prior code § 3122.01)
17.60.020 Application and fee.
Application for a use permit shall be made to the community development department in writing, on a form prescribed by the department, and shall be accompanied by plans and elevations necessary to show details of the proposed land use activities on the subject property. The application shall be accompanied by a processing fee set by the city council for either a minor use permit or a major use permit. All use permits are minor unless otherwise designated as major under the commercial use table in Section 17.22.030(E). (Ord. 1169 § 4, 2012: Prior code § 3122.02)
17.60.030 Public hearings.
The planning commission may hold a public hearing on any such application after having given notice as provided in the State “Planning Law.” (Prior code § 3122.03)
17.60.040 Action by planning commission.
The findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city. (Prior code § 3122.04)
17.60.050 Revocation.
In any case where the conditions to the granting of a use permit have not been, or are not, complied with, the planning commission shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the planning commission may revoke such permit. (Ord. 476 Exh. A (part), 1982: prior code § 3122.05)
17.60.060 Expiration and extension.
A. In any case where the use permit has not been exercised within the time limit set by the planning commission or within one year if no specific time limit has been set, then without further action the permit shall be null and void. The permit is deemed exercised upon issuance of a building permit or actual use of the site for the permitted use if no building permit is required.
B. The planning commission may extend the use permit for a period or periods not to exceed twelve months upon receipt of a written request accompanied by a fee, as may be established by resolution of the city council, and other information as deemed necessary by the planning director.
C. 1. A use permit, or any portion thereof, shall be deemed to have been abandoned and therefore expired and terminated if the use granted in the permit is discontinued for a period of twelve consecutive months or longer. For purposes of this section, a use is discontinued if the activity or activities permitted under the use permit have ceased on the premises.
2. Whenever the city determines that the use permitted under a lawfully issued use permit has been discontinued, the city shall provide the use permit holder and the owner of the property on which the use is located with a notice that the use has been discontinued and the date on which the city has determined that such use is, or will be, deemed abandoned. The notice shall inform the permit holder and the property owner that they have a right to a hearing, and that if no hearing is requested within fifteen calendar days of the notice, the use permit, or any portion thereof, will terminate due to abandonment. Notice shall be provided by first class mail at the property address where the use was conducted, the last known address for the holder of the use permit, and to the property owner of record as shown on the last equalized assessment roll.
3. Failure to submit a timely hearing request to the director of community development department shall constitute a waiver of any hearing on the determination that the use has been abandoned, and the termination of the use permit, or any portion thereof, shall be final and not appealable. The hearing request shall set forth the reasons and good cause as to why the use permit should not be deemed abandoned and terminated.
4. Upon receipt of a hearing request, the matter shall be placed on the earliest available planning commission meeting agenda unless withdrawn by the individual making the request. The use permit shall not terminate during pendency of the hearing. Notice of the hearing shall be given to the permit holder, the property owner (if the permit holder is not the property owner), and to all property owners within three hundred feet of the subject property as shown on the last equalized assessment roll, and to any other persons who have filed a written request for notice, with such notices mailed at least ten days prior to the hearing. Instead of using the equalized assessment roll, records of the county assessor or tax collector may be used if those records contain more recent information than the information contained on the equalized assessment roll as authorized by Government Code Section 65091.
5. The planning commission shall determine, based on oral and written evidence presented at the hearing, whether the use permitted under a use permit has been discontinued or whether such use has remained active during the time period provided in this section.
6. If the planning commission finds that the use permitted under a use permit has been discontinued, the use permit shall terminate upon conclusion of the hearing notwithstanding any attempt to revive the discontinued use during the pendency of the hearing.
7. The commission may, in its discretion upon a showing of substantial good cause, reinstate a use permit terminated under this section if both of the following conditions are met and may impose reasonable conditions for reuse of the premises:
a. Discontinuance of the use was unrelated to the permittee’s financial inability to continue with such use (e.g., change of ownership in the permitted business or property, remodel/reconstruction activities, natural disaster, and circumstances beyond the permittee’s control); and
b. Good faith efforts were made by the permittee or the property owner in furtherance of continuing the permitted use during the time period leading to the termination of the use permit. (Ord. 1168 § 2, 2012; Ord. 476 Exh. A (part), 1982)
17.60.070 Appeal procedure.
Any person dissatisfied with any action of the planning commission on a request for a use permit may appeal therefrom to the city council, at any time within ten days after the rendition of the decision of the planning commission. The appeal is taken by filing a notice of appeal with the planning director. Upon filing of the notice of appeal, and payment of a filing fee, the planning director must, within ten days, transmit to the city clerk all exhibits and documents on file, together with the finding of the planning commission.
The city council shall hold a hearing upon said appeal after giving written notice to the applicant, property owners within three hundred feet of the subject property as shown on the last equalized assessment roll and to any other persons who have filed a written request for notice. Such notices shall be mailed at least ten days prior to said hearing. (Ord. 476 Exh. A (part), 1982)
17.60.080 Other provisions.
A. No official action such as the issuance of a building permit, license or other type of permit shall be taken while an appeal or proceeding for a use permit is pending.
B. In the event that an application for a use permit is denied by the planning commission or, if there is an appeal, by the city council, no application for the same or similar use shall be filed for a period of one year from the date of the last denial. (Ord. 476 Exh. A (part), 1982)
17.60.090 Exceptions.
A. Notwithstanding any other provisions of this chapter, no use permit for surface mining and reclamation activities shall be approved by the city except by an affirmative vote of two-thirds of the qualified electors of the city.
B. No amendment to this section shall be made, except by an affirmative vote of two-thirds of the qualified electors of the city. (Ord. 613 § 1, 1988)
17.60.100 Requirements for temporary use permits.
In order to assure the protection of the health, safety, and welfare of the citizens of the city, while still providing for their pleasure and convenience, the planning, inspections and permitting department director may issue a permit for the establishment of temporary uses within the city in accordance with the following procedure and conditions; however, at the director’s discretion or at the request of the planning commission, the director may refer any application for a temporary use or structure to the planning commission for consideration:
A. Prior to the establishment of any temporary use on any lot or parcel in the city, a temporary use permit shall be obtained from the planning, inspections and permitting department. Such permit may be issued for a specified period of time after the date of issue for any use which is deemed by the planning, inspections and permitting director to be of a temporary nature upon making the following findings:
1. That the temporary use will not be detrimental to the zoning district in which it is proposed to be located; and
2. That the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, noise, light, odor, or other objectionable characteristics.
a. Temporary uses for which permits may be granted include, but are not limited to, carnivals, circuses, religious revivals, Christmas tree lots, pumpkin patches, promotions and sales in trucks or trailers, animal shows or displays, and food stands, and other uses of a similar nature as determined by the planning, inspections and permitting director. Except as modified herein, temporary uses shall be limited to durations not to exceed thirty consecutive calendar days, and shall not exceed thirty total days within any three-month period. Notwithstanding any other provision of this chapter, and subject to fire prevention and/or other applicable regulations and laws, outdoor retail sales of Christmas trees (but not including any other merchandise), and the preparation of a site in any manner for such sales, may be permitted on a seasonal basis, beginning November 15th and extending through December 31st, in any zoning district if a permit has been obtained. The site shall be returned to its original condition by January 5th.
In addition, the planning, inspections and permitting director shall have the authority and duty to impose conditions on the issuance of any such permit which the director deems necessary to protect the public interest or the rights of adjacent surrounding users to be free of objectionable interferences or undue detriment to existing uses.
B. Temporary uses conducted entirely within a structure that is occupied by an existing business or organization shall be exempt from the provisions of this section.
C. Ingress and egress shall be limited to those areas designated by the planning, inspections and permitting department. Appropriate directional signs, barricades, fences, or landscaping shall be provided when required. A security officer may be required for promotional events.
D. Off-street parking facilities shall be provided on the site of each temporary use in accordance with the provisions of the Folsom Municipal Code.
E. Upon the termination of the temporary use permit or the abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to its original condition.
F. The opening and closing time for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. Reasonable time limits for other uses may be set by the planning, inspections and permitting director.
G. Applications for temporary use permits shall be made to the planning, inspections and permitting department and shall be accompanied by the following:
1. Five copies of a dimensional plot plan showing the following:
a. The subject property with the property lines and abutting properties;
b. The location of the temporary use related to the subject and adjoining properties;
c. The parking, driveways, and loading areas; and
d. The vehicular ingress and egress locations; and
2. One copy of the dimensioned elevations of any structure proposed for location.
a. The planning, inspections and permitting director shall have the authority to approve or disapprove the application, or to approve it subject to compliance with such conditions as may be deemed necessary to carry out the purposes of this chapter and to meet the requirements listed in subsection A of this section. The planning, inspections and permitting director shall refuse issuance of any such permit where it is found, as a result of investigation, that the proposed activity will, at the particular location involved, constitute an undue detriment to the public interest or to adjacent or surrounding properties or will unreasonably interfere with existing adjacent or surrounding uses. In making determinations on applications for permits in residential zones, the planning, inspections and permitting director shall issue no permit unless the proposed site meets each of the following criteria:
i. The site has direct access onto an arterial roadway.
ii. The site is at least one hundred feet from any single-family residence in an R-district.
iii. The site can be used without causing dangerous congestion on adjacent roadways.
H. If the applicant for a temporary use permit, or any other person, is dissatisfied with any determination made by the planning, inspections and permitting director, such person may appeal to the planning commission. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the planning, inspections and permitting director not later than ten calendar days after the date of the action being appealed. If the appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived. (Ord. 887 § 2 Exh. B, 1998)