Chapter 19.24 — USE PERMITS

Where required by Divisions IV or VI, use permits are intended to allow for activities and uses that are unique and whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. Additionally, conditions of approval may be placed on a proposal to ensure that the use is compatible with existing and designated uses in the general vicinity. At the time of application, a review of the configuration, design, location, and potential impact of the proposed use shall be conducted by comparing it to established development standards. (Ord. 2185, Ord. 2358 §9)

An application for a use permit, or modification of an existing use permit, shall be prepared, filed, and processed in compliance with Chapter 19.16 (Application Filing and Processing, Fees) and shall include all information specified in the Department handout for use permits.

(Ord. 2185)

Upon a determination that the use permit application is in proper form and deemed complete, the Zoning Administrator shall hold at least one public hearing, in compliance with Chapter 19.10 (Noticing and Public Hearings), or may refer the application to the Commission, which shall then hold a public hearing on the application. (Ord. 2185)

Following a public hearing, the Zoning Administrator or Planning Commission may approve a use permit application, with or without conditions, only if all of the following findings can be made:

A. The proposed use is allowed within the subject zoning district and complies with all of the applicable provisions of Chapter 19.24 (Use Permits);

B. The proposed use would not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use;

C. The proposed use would not be detrimental and/or injurious to property and improvements in the neighborhood of the proposed use, as well as the general welfare of the City;

• D. The proposed entitlement is consistent with the General Plan, any applicable specific plan, and any applicable neighborhood or area plan;

E. For non-residential projects, the design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (Ord. 2185; Ord. 2600)

A use permit shall be exercised within three years from the date of approval or the permit shall be deemed void, unless a written request for an extension is filed prior to the expiration date and approved prior to expiration, in compliance with Chapter 19.30 (Permit Implementation, Time Limits, Extensions). (Ord. 2185)(Ord. 2440 §14)

A building permit, granted in compliance with the provisions of this chapter and the specific terms and conditions of the use permit, shall only be issued after the required use permit has been approved and the decision has become final and effective.

(Ord. 2185)

A use permit granted in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, service, site, structure, or use that was the subject of the permit application. (Ord. 2185)

Changes to a use permit may be approved in compliance with Section 19.30.060 (Changes to an approved project) or imposed pursuant to Chapter 19.14 (Permit Revocation).

(Ord. 2185, Ord. 2312 §35)

In granting a use permit in compliance with this chapter, the Zoning Administrator or Planning Commission shall designate conditions that will ensure compatibility with the existing and designated land uses in the vicinity, as well as consistency with the General Plan and any applicable specific plan. (Ord. 2185)

A pre-annexation use permit may be issued for unincorporated property annexable to the City. The purpose of the permit shall be to establish the uses that will be allowed on the property in the event of subsequent annexation. A preannexation use permit may be issued by the Zoning Administrator for uses requiring a use permit in a zoning district, consistent with the General Plan and any applicable specific plan and prezoning, and is effective upon annexation of the property to the City.

(Ord. 2185)