A Use Permit may allow certain uses or activities not permitted by right in specific zoning districts or areas. In some cases, these uses must comply with defined conditions in order to be allowed to develop and/or operate.

(Ord. 325, 1996)

The major purposes of the Use Permit are:

A.

To implement the General Plan and any applicable specific plans;

B.

To condition, restrict or prevent the development of uses whose effects are or may be detrimental to the health, safety and welfare of residents, businesses, property owners, and/or employees in the City; and

C.

To identify those types or aspects of development which may not be totally compatible with development permitted as a matter of right by this Title and to impose such conditions and restrictions, as necessary, to promote compatibility.

(Ord. 414, 2008)

A.

General Uses. The establishment of the following uses or uses of a similar nature requires a Use Permit. Any change to an existing permitted use which is determined to be significant by the Community Development Director requires a Use Permit. Uses include but are not limited to the following:

1.

Schools (public or private).*

2.

Congregate care and convalescent care facilities.*

3.

Churches, synagogues, temples, and places of worship.*

4.

Governmental and quasi-public administrative offices, and similar uses.

5.

Publicly-owned facilities including parks and recreation areas, libraries, museums, and community centers.

6.

Fire stations, public safety facilities, and government corporation yards.*

7.

Lodges, fraternal organizations, or clubs.*

8.

Residential care facilities for seven (7) or more persons.* (See Chapter 17.46)

9.

Child day care centers and adult day care facilities, unless exempt by State law.*

10.

Bed and breakfast facilities. (See Chapter 17.38)

11.

Recreational/sports facilities such as golf courses, tennis/racquet clubs, swimming clubs, driving ranges, batting cages, etc.*

12.

Public utility facilities. (See Chapter 17.40)

13.

Antennas. (See Chapter 17.42)

14.

Fenced recreational enclosures. (See Section 17.36.076)

15.

Temporary uses which exceed the maximum time periods or number of individual events per year established for temporary use permits in Chapter 17.70.

16.

Windmills, wind chargers, and other wind-harnessing structures and buildings.*

Applicable Districts: All Districts, unless noted with an asterisk (*), in which case the use is not allowed within the Town Center Commercial land use designation of the Town Center Specific Plan.

B.

Residential Related Uses. The establishment of the following uses or uses of a similar nature requires a Use Permit. Any change to an existing permitted use which is determined to be significant by the Community Development Director requires a Use Permit. Uses include but are not limited to the following:

1.

Model home complex/subdivision sales office.

2.

Equestrian livestock. (See Sections 17.16.130 and 17.36.060)

3.

Agricultural animals. (See Sections 17.16.130 and 17.36.070)

4.

Multiple household pets:

a.

More than five (5) and less than ten (10) of any combination of dogs, potbellied pigs, or cats over six (6) months of age;

b.

More than three (3) and less than seven (7) dogs or potbellied pigs over six (6) months of age;

c.

More than five (5) and less than ten (10) cats over six (6) months of age.

5.

Single family dwelling units in Multiple Family Residential Districts.

6.

SRO facilities in Limited Commercial (LC) District.

7.

Parolee homes on land designated as Multifamily Low Density (MLD), Multifamily Medium Density (MMD) and Multifamily High Density (MHD) on the General Plan Land Use Map. (See Section 17.36.086).

Applicable Districts: Agricultural; Limited Commercial; All Residential; and Planned Development (Residential).

C.

Commercial Related Uses. The establishment of the following uses or uses of a similar nature requires a Use Permit. Any change to an existing permitted use which is determined to be significant by the Community Development Director requires a Use Permit. Uses include but are not limited to the following:

1.

Vehicle service/fueling station.*

2.

Vehicle repair garage.*

3.

Vehicle lubrication service.*

4.

Vehicle body shop.*

5.

Large-appliance stores.

6.

Furniture stores (except lamps and lighting).

7.

Office, commercial service, personal service, or studio uses in ground floor locations which require a use permit in accordance the Town Center Commercial land use designation of the Town Center Specific Plan.

8.

Establishments providing massages, unless part of a recognized medical office or clinic.

9.

Recreational uses typically located inside buildings (e.g., movie theaters*, pool parlors, etc.).

10.

Video arcades with more than three (3) machines.

11.

Establishments with dancing and/or live or video entertainment.

12.

Any use open after 11:00 p.m.

13.

Bars which are not part of a full service restaurant.

14.

Adult-oriented uses.

15.

Establishments with drive-through window service.

16.

Outdoor sales treatment or storage of products or materials.

17.

Animal boarding facilities:*

a.

Seven (7) or more dogs or pot bellied pigs over six (6) months of age;

b.

Ten (10) or more cats over six (6) months of age;

c.

Ten (10) or more of any combination of dogs, pot bellied pigs, or cats over six (6) months of age.

18.

Boarding stables.*

19.

A reduction in the total number of required parking spaces in a reciprocal off-street parking facility. (See Section 17.37.060)

20.

Mobile Vendors (as specified and regulated in Section 17.36.084).

Applicable Districts: Limited Commercial; Planned Development (Commercial); and Professional Administrative Office, unless noted with an asterisk (*), in which case the use is not allowed within the Town Center Commercial land use designation of the Town Center Specific Plan. Animal boarding facilities are only allowed in the Limited Commercial, Planned Development (Commercial), and Agricultural Districts. Boarding stables are only allowed in the Agricultural District.

(Ord. 414, 2008; Ord. 424, 2009; Ord. 440, 2012; Ord. 458, 2015; Ord 483, § 6, 2018)

A.

Parking/Access.

1.

Does the project provide sufficient off-street parking for vehicles and bicycles?

2.

Does the project provide safe and effective access for vehicles, pedestrians, and bicycles?

B.

Traffic Congestion.

1.

Could the project generate significant traffic congestion?

C.

Town Center Compatibility (Applicable only to uses which require a use permit for ground floor locations in the Town Center Commercial land use designation of the Town Center Specific Plan).

1.

Does the use (taking into account the building in which it is located, the location of the building within the Town Center, and the size of the use) complement Town Center Specific Plan goals and policies of attracting and enhancing pedestrian activity in the Town Center?

2.

Does the proposed tenant space lack the street visibility which would be suitable for a retail use, restaurant, or permitted use, which does not require a use permit?

3.

Would the tenant provide any goods, services, or window displays which are oriented toward or attractive to pedestrians?

4.

Would the tenant complement the intensity of existing use-permitted tenants in the same project and in the Town Center?

5.

What effort has the property manager or owner made to secure a tenant which does not require a use permit?

6.

Is the subject tenant space located in a building with a vacancy rate which exceeds the normal vacancy rate for commercial buildings of comparable size and location?

7.

Does the project involve the relocation of an existing business in the Town Center?

D.

Noise.

1.

Could the project generate noise levels above the standards of the Noise Element of the General Plan?

2.

Could the project generate significant intermittent noise such as bouncing balls, announcements, grinding, sanding?

E.

Air Quality.

1.

Could the project generate significant levels of dust, airborne particulate?

2.

Could the airborne particulate be toxic?

3.

Could the project generate significant fumes or smells?

F.

Lighting/Litter.

1.

Could the lighting especially exterior night lighting disturb surrounding properties?

2.

Could the project generate significant litter?

G.

Crime.

1.

Could the project possibly result in the significant increase of crime in the area?

2.

Could the project potentially have a significant negative influence on minors?

H.

Concentration.

1.

Could the project represent a concentration of a particular activity in an area to the detriment of the health, safety and/or welfare of nearby residents, businesses, property owners, and/or employees?

(Ord. 414, 2008)

The City may impose such requirements, restrictions and conditions as a part of a Use Permit relating to factors including, but not limited to: location and site planning; construction; maintenance; operation, including hours of operation; and traffic control as it deems necessary for the protection of adjacent properties and the public interest. The City may require a cash or surety bond that such conditions will be or are being complied with by the operator.

(Ord. 325, 1996)

In granting a Use Permit, the factors to be reviewed by the Planning Commission (or the City Council upon appeal) shall include but are not limited to the following findings:

A.

That the use shall be in conformity with the General Plan and any applicable specific plan;

B.

That the use shall be in conformity with City-adopted standards.

C.

That the use shall not negatively affect the general safety (e.g., seismic, landslide, flooding, fire, traffic) of the City or surrounding area.

D.

That the use shall not have significant negative impacts on the health or general welfare of residents, businesses, property owners, or employees in the City.

E.

That the permit will be in accord with the purpose of Use Permits as stated herein.

(Ord. 414, 2008)