Chapter 18.30
USE PERMITS Revised 4/24
Sections:
18.30.010 Purpose. Revised 4/24
18.30.020 Applicability. Revised 4/24
18.30.030 Review authority. Revised 4/24
18.30.040 Application requirements. Revised 4/24
18.30.050 Public notice and hearing. Revised 4/24
18.30.060 Required findings. Revised 4/24
18.30.070 Conditions of approval. Revised 4/24
18.30.080 Appeals—Expiration, extensions, and modifications. Revised 4/24
18.30.090 Failure to comply with conditions. Revised 4/24
18.30.100 Revocation of use permits. Revised 4/24
18.30.010 Purpose. Revised 4/24
The use permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. (Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.020 Applicability. Revised 4/24
Approval of a use permit is required for uses or developments specifically identified in Article II, Base and Overlay Districts, and/or any other section of this title which requires a use permit. (Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.030 Review authority. Revised 4/24
A. Conditional Use Permits. The Planning and Transportation Commission shall approve, conditionally approve, or deny applications for conditional use permits based on consideration of the requirements of this chapter.
B. Minor Use Permits. The Zoning Administrator shall approve, conditionally approve, or deny applications for minor use permits based on consideration of the requirements of this chapter. The Zoning Administrator may, at his/her discretion, refer any application for a minor use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning and Transportation Commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a conditional use permit. (Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.040 Application requirements. Revised 4/24
Applications for use permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by Section 18.30.060, Required findings. (Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.050 Public notice and hearing. Revised 4/24
A. Conditional Use Permits. All applications for conditional use permits shall require public notice and hearing before the Planning and Transportation Commission pursuant to Chapter 18.27, Common Procedures.
B. Minor Use Permits. All applications for minor use permits shall require public notice and hearing before the Zoning Administrator pursuant to Chapter 18.27, Common Procedures. (Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.060 Required findings. Revised 4/24
The decision-maker must make all of the following findings in order to approve or conditionally approve a use permit application. The inability to make one (1) or more of the findings is grounds for denial of an application.
A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other titles of the municipal code;
B. The proposed use is consistent with the General Plan and any applicable specific plan;
C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
D. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title;
E. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and
F. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.
G. Proposed projects located within the Landmark Commercial (LC) zoning district are subject to one (1) of the following additional findings, as applicable:
1. Regional retail and destination-oriented uses must have significant beneficial results in employment growth and contribute to the economic sustainability of the City and implementation of the Economic Development Plan, and meet the economic objectives for landmark sites.
2. Interim uses (uses other than regional retail and destination-oriented uses) shall be considered on an interim basis and shall entail use of existing buildings; erection of permanent buildings inconsistent with regional retail and destination-oriented uses shall not be permitted; additions or alterations to a building or site may be considered for health and safety purposes and limited to bring a structure into conformance with Building Code requirements. Interim uses shall be conditioned with time limitations and may be renewed on a periodic basis subject to Planning and Transportation Commission use permit review and approval.
H. Proposed projects located within the Northeast Area Overlay District (see Chapter 18.14A) are subject to the following additional finding:
1. The design, location, size, site, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses as contemplated in the development of the Northeast Area Specific Plan as set forth in Resolution 2023-032. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.070 Conditions of approval. Revised 4/24
In approving a use permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
B. Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;
C. Achieve the findings for a use permit listed in Section 18.30.060, Required findings; or
D. Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act.
The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.080 Appeals—Expiration, extensions, and modifications. Revised 4/24
A. Appeals. A decision of the Zoning Administrator may be appealed to the Planning and Transportation Commission and a decision of the Planning and Transportation Commission may be appealed to the City Council, as provided in Section 18.27.150, Appeals.
B. Expiration, Extensions and Modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 18.27, Common Procedures. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.090 Failure to comply with conditions. Revised 4/24
Failure to comply with any condition of approval of a use permit is a violation of this title subject to provisions of Chapter 18.39, Enforcement and Abatement Procedures. (Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.100 Revocation of use permits. Revised 4/24
A use permit may be revoked as provided by Section 18.27.140, Revocation of permits. (Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)