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A. Purpose. A Minor Use Permit provides a process for reviewing uses that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

B. Applicability. A Minor Use Permit is required to authorize proposed land uses specified in Table 3.1 Allowed Building Functions and Permit Requirements.

C. Review Authority.

1. Minor Use Permits shall be approved or denied by the Director.

2. The Director may choose to refer any Minor Use Permit application to the Planning Commission for review and final decision.

D. Application Requirements. An application for a Minor Use Permit shall be made by the property owner or certified agent thereof to the Director on a from prescribed for this purpose by the City of Petaluma. The application shall be accompanied by such additional documents or supporting materials as may be required for review of the proposed use as requested by the Director. The fee for a Minor Use Permit shall be established by resolution of the City Council from time to time hereinafter enacted.

E. Public Hearing Noticing and Procedures.

1. Before a decision on a Minor Use Permit, the City shall provide notice as follows:

a. Notice. The notice shall state that the Director will decide whether to approve or deny the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

b. If hearing is requested. If a public hearing is requested the Director shall notice and conduct the hearing in compliance with Section 24.030.F (Notice of Public Hearing) of the Zoning Code.

c. If no hearing is requested. If no public hearing is requested, the Director shall render a decision on the date specified in the notice referred to in Subsection E.1.a.

F. Findings. The Director may approve a Minor Use Permit only after first making all of the following findings:

1. The proposed use is consistent with the General Plan and any applicable Specific Plan;

2. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Development Code and the Municipal Code;

3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; and

4. The site’s suitability ensures that the type, density, and intensity of use being proposed will not endanger, jeopardize, or otherwise constitute a hazard to the public interest, health, safety, convenience, or welfare, or be materially detrimental to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; and

G. Conditions of Approval. In approving a Minor Use Permit, the Director may impose conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Subsection F (Findings).