Winters City Zoning Code
CHAPTER 17
20 USE PERMITS
§ 17.20.010 Purpose and intent.
The purpose of a use permit is to allow the proper integration into the community of uses which may be suitable only in specific locations in a zone or only if the uses are designed or arranged out on the site in a particular manner.
(prior code § 8-1.4205(A); Ord. 97-03 § 2 (part); Ord. 2016-10 § 3 (part))
§ 17.20.020 Environmental review.
Action on applications involving projects for which a negative declaration or environmental impact report is required shall occur only upon completion of environmental assessment procedures required by the California Environmental Quality Act, as amended. Incomplete applications awaiting the submission of additional environmental information required by the city shall be deemed denied if the required information is not submitted within one year after the date the information was requested.
(prior code § 8-1.4205(B); Ord. 97-03 § 2 (part))
§ 17.20.030 Action on application.
A.
Planning Commission Action.
After noticing and conducting a public hearing in accord with Section 17.16.040, the planning commission may approve, conditionally approve or disapprove an application for a use permit, subject to making the required findings set forth in subsection C.
B.
Zoning Administrator Action.
In some instances, as specified in this title, the zoning administrator shall consider use permit applications. The zoning administrator shall conduct a public hearing and make findings in accord with the provisions of this title. The planning commission shall be advised of the application in advance of zoning administrator action.
C.
Findings.
In granting a use permit, the planning commission or zoning administrator, with due regard to the nature and condition of all adjacent structures and uses, the zone within which the structures and uses are located, and the general plan, shall find all of the following general conditions to be fulfilled:
1.
The requested use will be in conformity with the general plan;
2.
The requested use is listed as a conditional use in the zone regulations or elsewhere in this section, or, where an interpretation was necessary, a determination was made by the community development director or planning commission that the proposed use would require a use permit;
3.
The requested use is consistent with the intent and purposes of the zone in which it is located, and will not detrimentally impact the character of the neighborhood;
4.
The requested use will not be detrimental to the public health, safety or general welfare;
5.
Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities or services will be provided;
6.
The requested use will not create a nuisance or enforcement problem within the neighborhood; and
7.
The requested use will not result in a negative fiscal impact upon the city.
Where one or more of these findings cannot be made, the use permit application shall be denied.
D.
The planning commission or zoning administrator may impose such conditions as are necessary to allow the findings set forth in this subsection to be made and may require the applicant to execute and record documents which ensure that such conditions run with the land. However, conditions may not be imposed which by their nature would effectively preclude the development of the project.
(prior code § 8-1.4205(C); Ord. 97-03 § 2 (part))
§ 17.20.040 Issuance.
No use permit which has been approved by the planning commission or zoning administrator shall be issued prior to the expiration of the ten (10) day appeal period, as set forth in the Municipal Code, or the final action on an appeal to the city council.
(prior code § 8-1.4205(D); Ord. 97-03 § 2 (part))
§ 17.20.050 Revocation-Expiration.
A.
Revocation.
In the event the conditions of a use permit have not been or are not being complied with, the community development director shall give the permittee written indication of intention to revoke the use permit as least ten (10) days prior to planning commission or (depending upon who issued the use permit) zoning administrator review thereon. Notice of a public hearing to consider use permit revocation shall be provided in the same manner as the public hearing for the original use permit application. After the conclusion of the review, the planning commission or zoning administrator may revoke the use permit if it finds that one or more conditions of approval have not been complied with.
B.
Expiration.
1.
In the event the project or use for which the use permit was granted has not commenced within the time limit set by the planning commission or zoning administrator, or within one year after the date of the hearing if no specific time has been set, the use permit shall be deemed to be null and void without further action.
2.
Exercise of a use permit shall be deemed to have occurred when a building or grading permit has been issued in conjunction with the use or, if no such permits are necessary, when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated, as determined by the community development director.
(prior code § 8-1.4205(E); Ord. 97-03 § 2 (part))
§ 17.20.060 Extension of time for use permits.
A.
The community development director may approve a one-time extension of time for use permits. Such extension shall be approved for not more than one year.
B.
Finding. Such extension shall be approved only when it is found that the circumstances under which the permit were granted have not substantially changed.
(prior code § 8-1.4205(F); Ord. 97-03 § 2 (part))
§ 17.20.070 Minor modifications to use permits.
A.
The community development director may approve minor modifications to existing use permits.
B.
Findings. Such minor modifications shall be approved only if it is found that the modifications substantially conform with the approved use permit plans or standards; that the intensity of the use is not increased beyond that originally approved under the use permit; and that the appearance and function of the development and the surrounding neighborhood will not be adversely affected as a result of such modification.
(prior code § 8-1.4205(G); Ord. 97-03 § 2 (part))
