16.606 MINOr AND MAJOr USE PErMITS

16.605.04 CONDITIONS

The Director, Planning Commission or Design Review Board may impose reasonable conditions related to the design impacts of the proposed Development Review approvals. Such conditions must be consistent with the considerations of this Chapter and deemed reasonable and necessary under the circumstances to carry out the intent of this Chapter.

16.605.05 APPEALS, EXPIRATIONS AND EXTENSIONS, MODIFICATIONS AND REVOCATIONS

A. Appeals. Development Review approvals for projects that do not require a Use Permit, Variance, or other final action by the Director or Planning Commission may be appealed to the Planning Commission and Design

Review Board in accordance with Table 16.601-A: Permit

Review Authority, as provided for in Chapter 16.602,

Common Procedures, Section 16.602.14, Appeals. B. Expirations, Extensions and Modifications.

Development Review approvals are effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures,

Sections 16.602.12, Expirations and Extensions. C. Revocation. A Development Review Permit may be revoked as provided for Chapter 16.615, Enforcement and Abatements.

16.605.06 PROHIBITIONS

No building permit, license, certificate or other approval or entitlement shall be issued or given by the City or any department or employee thereof with respect to any improvement subject to Development Review approval until the design of the improvement has been approved as provided in this Chapter. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to development Review approval under this Chapter unless and until the Director has certified that the improvement has been completed in accordance with the design approved pursuant to this Chapter.

16.605.07 OTHER ORDINANCES NOT AFFECTED

Nothing in this Chapter shall be construed to exempt any application from compliance with any requirement of any other provision of this Zoning Code or any other ordinance of this city, or to amend any such other ordinance unless so stated in the Code codified in this Chapter.

16.606.01 PURPOSE AND APPLICABILITY

These regulations establish procedures intended to allow for Review of uses that are generally consistent with the purposes of the zoning district where they are proposed but may require special consideration to ensure they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. Although these uses have been found not inherently detrimental, in certain circumstances they may require an additional level of Review and need a higher threshold of approval as provided for in this Zoning Code to prevent adverse impacts to the areas where they are located. Approval of a Minor Conditional Use Permit or Major Conditional Use Permit, referenced in this Zoning Code as “Minor Use Permit” and “Major Use Permit”, is required for such uses or projects pursuant to Part II, Base and Overlay Districts, Part III, General Regulations, and other provisions of the Zoning Code. Such uses include, but are not limited to, the construction of buildings or structures, the use of vacant land, changes in the character of the use of land or building, or substantial expansion in the use of land or buildings.

16.606.02 PROCEDURES

A. Minor Use Permit. The Director shall Review, approve, conditionally approve, or deny an application for a Minor Use Permit based on consideration of the requirements of this Chapter. The Director may, at his/her discretion, refer any application for a Minor

Use Permit for a project the Director determines may generate substantial public controversy or involve significant land use policy decisions to the

Planning Commission for a decision. In that case, the application must be processed as a Major Use Permit. B. Major Use Permit. The Planning Commission shall

Review, approve, conditionally approve, or deny an application for a Major Use Permit based on consideration of the requirements of this Chapter.

C. Application requirements.

1. Applications and fees for Minor and Major Use

Permits shall be submitted in accordance with the provisions set forth in Chapter 16.602, Section 16.602.02, Application Forms and Fees. In addition to any other application requirements, the application shall include data or other evidence in support of the applicable findings required by

Section 16.606.03, Required Findings, below. 2. In addition, any applicant for a Minor or

Major Use Permit to sell alcohol shall complete and submit a questionnaire available from the

Planning Division. Information provided in the questionnaire shall be included in the public notice.

D. Public notice and hearing.

1. All applications for a Minor Use Permit shall require public notice of the Director’s proposed action and the deadline for filing an appeal pursuant to the requirements of

Chapter 16.602, Common Procedures, Section 16.602.14, Appeals. If an appeal is filed with the Director, a hearing shall be scheduled before the Planning Commission in the same manner as an application for a Major Use Permit. 2. All applications for a Major Use Permit shall require a public notice and hearing before the Planning Commission pursuant to

Chapter 16.602, Common Procedures.

16.606.03 REQUIRED FINDINGS

A Minor or Major Use Permit shall only be granted if the Review Authority determines that the project, as submitted or modified, and subject to any conditions imposed, meets all of the following criteria. The inability to make one or more of the findings is grounds for denial of an application.

A. The proposed use is conditionally allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and all other titles of the Vallejo Municipal Code. B. The proposed use is consistent with the General

Plan and any applicable Specific Plan or Planned

Development and any other applicable plans. C. The subject parcel is physically suitable for the type of land use being proposed. D. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain and other surrounding lands uses in the area. E. The proposed use is compatible with existing and permissible land uses within the zoning district and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation. F. The physical location or placement of the use on the site is compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. G. The proposed use and related project features will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions and would not otherwise be detrimental to the public interest, health, safety, or general welfare. H. That the project has been reviewed in compliance with the California Environmental Quality Act , if applicable, and the requirements of this Chapter. I. Based on any applicable environmental Review, no potentially significant environmental impacts would result, or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of

Overriding Considerations has been adopted.

16.606.04 CONDITIONS OF APPROVAL

In granting a Minor or Major Use Permit, the Review Authority or the appeal body as described in Table 16.601A, Summary of Review Authorities for Decisions and Appeals shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or in such modifications as may be deemed necessary to protect the public health, safety, and general welfare and secure the objectives of the General Plan and this Zoning Code. The Review Authority may also impose other conditions deemed necessary to achieve these purposes and to support the findings of approval. Such conditions shall be related to and proportionate to what is being requested by the applicant. The Review Authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.