Clearlake City Zoning Code
18-28 USE
PERMITS
18-28.010 Purpose and Intent.
It is intended that zoning and use permits allow flexibility in providing for, regulating or preventing various uses, so they will be compatible with existing or desired conditions in their neighborhoods. The permit approval is required for certain uses so that their detrimental effects can be reduced or avoided and potential conflicts in land use can be prevented. This is necessary because of the wide variety of uses that are allowed within zone districts and because of the variety of existing sites and uses found in the community. (Ord. #271-2025, S2 (Exh. A))
18-28.020 Application Form.
Application shall be made to the Community Development Department in the form prescribed by the Director, including, as may be necessary, site plans, written descriptions of activities to be conducted, or technical studies of site characteristics. (Ord. #271-2025, S2 (Exh. A))
18-28.030 Procedures.
a. Zoning Permits.
1. Before acting on the zoning permit, the Director shall verify that it is an allowable use in said zoning district and that it is able to meet all applicable requirements.
2. The Director may add conditions of approval, or may deny the zoning permit. If the Director denies an application for a zoning permit the Director will include findings as to the reasons the permit is denied. The Director’s decision shall be final unless appealed to the Planning Commission.
3. If the Director determines that the zoning permit application could adversely impact the neighborhood, the Director may convert the zoning permit application to an administrative use permit and follow all requirements under subsection (b) of this section. Alternatively, the Director may refer a zoning permit application to the Planning Commission, pursuant to the requirements in subsection (c) of this section, when the Director determines the application involves a major policy issue or public controversy that would be resolved more suitably by the Commission.
4. Expiration. When a use that was allowed by approval of a zoning permit ceases operation for one (1) year or such other time period as specified in the conditions of approval, then reinstatement of that use will be allowed only with approval of a new zoning permit.
b. Administrative Use Permits.
1. Before acting on any administrative use permit application, the Director may hold a public hearing conducted according to its bylaws. Notice of the time, date, place and purpose of the hearing shall be given by posting on the property and/or publishing an advertisement in a local newspaper of general circulation at least ten (10) days before the hearing.
(a) Decisions of the Director shall be rendered in writing within ten (10) days of the hearing. They shall state the conditions of approval, if any, or the reasons for denial. The Director’s decision shall be final unless appealed.
(b) The Director may refer an administrative use permit to the Planning Commission, pursuant to the requirements in subsection (c) of this section, when the Director determines the application involves a major policy issue or public controversy that would be resolved more suitably by the Planning Commission.
2. Manner of Giving Public Notice. Public notice requirements shall be met by:
(a) Mailing, email or delivery to the applicant and to all owners of real property within three hundred (300') feet of the property included in the project;
(b) Notify (i.e., email, mailings, etc.) any person who has filed a written request for such notice with the Director; and
(c) Publication at least once in a local newspaper of general circulation published and circulated in the City. Said notice shall be published at least ten (10) days before the hearing date and shall include: (1) the time and place of the public hearing and (2) a general project description, including the property location, proposed land uses and applicant’s name. The written notice shall declare that the requested administrative use permit may be issued without a public hearing if no written request for public hearing is filed within ten (10) calendar days of the date of mailing and/or by the referenced date within the legal notice.
3. Expiration of Administrative Use Permits.
(a) When a use that was allowed by approval of an administrative use permit ceases operation for one (1) year or such other time period as specified in the conditions of approval, then reinstatement of that use will be allowed only with approval of a new administrative use permit.
(b) The Director may extend the one (1) year limit stated in subsection (b)(3)(a) of this section, upon receipt of a written request, upon finding that circumstances have not changed significantly since the time the use ceased operation.
c. Planning Commission Conditional Use Permits.
1. Before acting on any use permit application, the Planning Commission shall hold a public hearing conducted according to its bylaws. Notice of the time, date, place and purpose of the hearing shall be given by posting the property and publishing an advertisement in a local newspaper of general circulation at least ten (10) days before the hearing.
2. Decisions of the Planning Commission shall be rendered in writing within ten (10) days of the hearing. They shall state the conditions of approval, if any, or the reasons for denial. The Planning Commission’s decision shall be final unless appealed to the City Council.
3. When a use permit application is presented before the Planning Commission, the Commission may act to impose additional development standards beyond those indicated in this Code. Use permit findings and procedures shall apply as provided in relevant sections of these regulations.
4. Public notice for use permit applications, in order to fulfill the intent of this Section, shall be sufficiently general so the public will be aware of the type of project proposed and the types of actions the Commission may take, without further notice, to approve or conditionally approve the project.
5. Minor amendments to a conditional use permit may be approved by the Director in accordance with Section 18-28.080.
d. Manner of Giving Public Notice. Public notice requirements shall be met by:
1. Mailing, emailing or delivery to the applicant and to all owners of real property within three hundred (300') feet of the property included in the project;
2. Notify (i.e., email, mailings, etc.) to any person who has filed a written request for such notice with the Director; and
3. Publication at least once in a newspaper of general circulation published and circulated in the City. Said notice shall be published at least ten (10) days before the hearing date and shall include: (a) the time and place of the public hearing and (b) a general project description, including the property location, proposed land uses and applicant’s name.
e. Expiration of Use Permit.
1. When a use that was allowed by approval of a use permit ceases operation for one (1) year or such other time period as specified in the conditions of approval, then reinstatement of that use will be allowed only with approval of a new use permit.
2. The Director may extend the one (1) year limit stated in subsection (e)(1) of this section upon receipt of a written request, upon finding that circumstances have not changed significantly since the time the use ceased operation. (Ord. #271-2025, S2 (Exh. A))
18-28.040 Findings for Administrative and Conditional Use Permits.
In order to grant an administrative or conditional use permit, the Community Development Director or Planning Commission, or, on appeal, the Council, must find that the proposed use will not be detrimental to the health, safety or welfare of persons working or living at the site or within the vicinity. The Director, Planning Commission or Council may deny the proposal or attach conditions as deemed necessary to secure the purposes of these regulations. Actions on use permits shall be justified by written findings, based on substantial evidence in view of the whole record. (Ord. #271-2025, S2 (Exh. A))
18-28.050 Conditions of Approval.
a. Conditions imposed by the Director, Planning Commission or Council may include, but are not limited to, the following:
1. Modification or limitation to activities, including times and types of operation;
2. Special yards or open spaces;
4. Provision and arrangement of parking and vehicular and pedestrian circulation;
5. On-site or off-site street, sidewalk or utility improvements and maintenance agreements;
6. Noise generation and attenuation;
7. Dedication of right-of-way or easements or access rights;
9. Special hazard reduction measures, such as slope planting;
10. Minimum site area;
11. Other conditions which may be found necessary to address unusual site conditions;
12. Establishment of an expiration date, after which the use must cease at that site;
13. Recycling and solid waste plans; and
14. Conditions may not be imposed that restrict the use to a specific person or group. (Ord. #271-2025, S2 (Exh. A))
18-28.060 Criteria for Approval.
a. In deciding whether a proposal is acceptable at a given location, the Director, Planning Commission and Council shall consider whether the proposal could be established and maintained without jeopardy to persons or property within or adjacent to the proposed site and without damage to the resources of the site and its surroundings. Appropriate criteria may be found in the following sources, without limitation:
1. Clearlake General Plan elements (such as Land Use, Circulation, Housing, Noise, Seismic Safety, Public Safety, Open Space and Conservation);
2. Specific plans and special studies; and
3. Standards and recommendations of agencies commenting on environmental documents for the proposal or for similar projects.
4. That the application has been processed in accordance with all applicable Federal, State and local agency requirements, including the California Environmental Quality Act (CEQA) and the City of Clearlake Environmental Review Guidelines. (Ord. #271-2025, S2 (Exh. A))
18-28.070 Requirement for and Compliance With Use Permits.
a. When more than one (1) use permit – including more than one (1) type of use permit – is required by individual uses per these regulations, only one (1) use permit application shall be filed and acted upon. If a use permit for site development exceptions and/or requests for shared and mixed-use parking reductions is required, and review by the Design Review Committee is required, then only the design review application shall be filed.
b. The modification or addition to a use requiring use permit approval shall itself be subject to use permit approval. The addition of an allowed use to a premises occupied by a conditionally allowed use shall require use permit approval of the type required for the existing use. The Director shall determine when such an addition or change is of such a minor or incidental nature that the intent of these regulations can be met without further use permit control.
c. Any conditions established pursuant to these regulations shall be met before the use is established, except that the Director, Planning Commission or on appeal, the Council, may establish a schedule for certain conditions to be met after establishment of the use. Continuance of the use shall then be contingent on complying with the schedule for meeting deferred conditions.
d. If a land use authorized by use permit is not established within one (1) year of the date of approval or such longer time as may be stipulated as a condition of approval, the use permit shall expire. If a structure or associated site development authorized by use permit is not issued building permits (if building permits are required) within three (3) years of the date of approval, the use permit shall expire. Upon written request received prior to expiration, the Director may grant renewals of use permit approval for successive periods of not more than one (1) year each. Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved with new or modified conditions upon a finding that the circumstances under which the use permit was originally approved have substantially changed. Renewal of a use permit shall not require public notice or hearing, unless the renewal is subject to new or modified conditions. In order to approve a renewal, the Director must make the findings required for initial approval. (Ord. #271-2025, S2 (Exh. A))
18-28.080 Amendments to Approved Conditional Use Permits.
a. Amendments to a conditional use permit may be made upon application to the City in the form of either a major or minor modification of the project. Major amendments are subject to Planning Commission review in compliance with processing a new conditional use permit in accordance with Section 18-28.040. Minor amendments may be reviewed by the Community Development Director as determined appropriate and are subject to the same process provided for an administrative use permit under Section 18-28.040.
b. Major amendments to a Planning Commission use permit are determined necessary when the modification will result in a material change in the nature of a project. The following are deemed major modifications for purposes of this section. This list is not inclusive, and the fact that a particular change is not included does not limit discretion or authority of the decision-maker to determine that a particular proposed change or set of changes to the permit constitutes a major modification. The following changes constitute major modifications for purposes of this provision:
1. Any major change in the pattern or volume of traffic flow either on or off any property covered by the permit;
2. Any increase in the density of dwelling units per acre;
3. Any material changes in the orientation or location of structures on the parcel;
4. Will involve an increased intensification of land use that results in environmental impacts that were not previously evaluated under the current conditional use.
c. For minor amendments of a Planning Commission conditional use permit, the Community Development Director may establish requirements related to, but not limited to, days and hours of operation, parking, temporary structures and site planning, in addition to performance standards beyond those issued by the Planning Commission under the original conditional use. The Community Development Director may refer any proposed minor amendments to Planning Commission conditional use permits to the Planning Commission regardless of what constitutes a major or minor amendment under this chapter. (Ord. #271-2025, S2 (Exh. A))