24.060 Conditional Use Permits.
A. Purpose. The purpose of conditional use permit requirements and of issuance of conditional use permits is to ensure the proper integration of uses which may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner.
B. Minor Use Permit. The Director is hereby authorized to approve minor use permits subject to the same findings and other requirements that apply to the Planning Commission’s approval of conditional use permits pursuant to this section. For purposes of this section, “minor use permits” are defined as minor exterior modifications or enlargements to existing use permits, where such modifications or enlargements are inconsequential in nature and do not involve a significant change in operations; minor extension of permitted operating hours under existing use permits where the business has no appreciable outside noise and/or does not affect an abutting residential district; new use permits where the use is of the same or more restricted nature as the previous use occupying the site; new use permits to authorize dwelling groups, in accordance with the provisions of Section 7.040; new use permits for tasting rooms pursuant to Section 8.035; new use permits to authorize the establishment of conditional uses in commercial and industrial districts where the Director finds that the use will be compatible with adjacent uses and is in conformance with applicable development standards, e.g., parking, landscaping, fencing, etc., and applicable performance standards; new use permits to authorize existing single-household dwellings or to reestablish single-household dwellings in selected commercial districts; previously approved use permits that have expired within the immediately preceding 24 months; and minor telecommunications facilities in accordance with the provisions of Petaluma Municipal Code Section 14.44.020.
C. Investigation and Report. The director shall determine from data submitted whether the proposed use will meet the requirements of this chapter and shall either (1) administratively approve, disapprove, or approve with modifications the subject application where appropriate; or (2) when in the Director’s sole discretion they deem it necessary, prepare a report with recommendations and submit the report to the appropriate reviewing authority, as described in Section 1.030.
D. Procedure. On matters to be reviewed by the Planning Commission, or when the Director refers an application to the Planning Commission with recommendations, the applicant shall be so notified, and a hearing date shall be established. On the date of the hearing, the Planning Commission shall consider the Director’s report and any additional staff comment and shall permit the applicant or any other affected person to present any evidence which the Planning Commission deems to be relevant. The Planning Commission shall approve, disapprove, or approve with modifications applications for which the Planning Commission is the entitling body, or recommend approval, disapproval, or approval with modifications or give other appropriate recommendation to the City Council, concerning applications for which the Planning Commission is an advisory body.
E. Standards for Review of Applications. The appropriate reviewing authority shall review the exhibits, together with the reports of the Director, and based on these documents, evidence submitted, comments from the applicant and public, and the criteria set forth below, may, in the reviewing authority’s sound discretion based on substantial evidence in the record and according to the findings of the reviewing authority listed in this provision, approve the application, approve the application with modifications, or disapprove the application. In taking action on a conditional use permit or minor use permit application, the reviewing authority shall consider each of the following criteria. An affirmative finding for each of the following criteria, supported by substantial evidence in the record, is required for approval of a use permit application.
1. Regarding the siting of the building(s) and use:
a. The site is adequate to accommodate the proposed use and building(s) and all related activities.
b. All outdoor activities will be adequately screened.
c. The proposed building(s) and use will protect the outlook, light, air, and peace and quiet of any adjoining buildings and uses.
d. The location and character of any display of goods and services and the size, nature, and lighting of any signs will satisfy all applicable requirements of this Zoning Ordinance and will be compatible with adjoining buildings and uses.
e. The intensity of proposed activity will be compatible with adjoining buildings and uses.
2. Regarding traffic circulation and parking:
a. The type of street serving the proposed building(s) and use is adequate for the amount of traffic expected to be generated.
b. The adequacy, convenience, and safety of vehicular access and parking, including the location of driveway entrances and exits is adequate for the amount of traffic expected to be generated, and will be compatible with adjoining buildings and uses.
c. The amount, timing, and nature of any truck traffic associated with the proposed building(s) and use will be compatible with adjoining buildings and uses.
3. Regarding the compatibility of the proposed building(s) and use with its environment:
a. The number of customers or users and resulting activity level is suitable for the surrounding uses and especially any neighboring uses of unusual public importance such as schools, libraries, playgrounds, churches, and hospitals.
b. The hours of operation are compatible with adjoining uses.
c. Provisions for the control of any off-site effects such as noise, dust, odors and other emissions, light, or glare, etc., are adequate to protect adjoining uses.
d. Provisions for protection of the public against any special hazards arising from the intended use are adequate.
4. The expected duration of the proposed building and use, whether temporary or permanent, is compatible with adjoining uses, and time limits on the proposed use, if appropriate, are adequate in view of adjoining uses.
5. The proposed use in the proposed location is or is not considered a matter of public convenience and necessity.
6. The proposed structure and use, subject to any conditions which may apply, conforms with the applicable requirements of this Zoning Ordinance and applicable policies and programs of the City’s General Plan and any applicable specific plan, and the proposed use will not, under the circumstances of the conditional use application, constitute a nuisance or be detrimental to the public welfare of the community.
F. Conditions. The reviewing authority may impose such requirements and conditions with respect to location, construction, maintenance, operation, duration and other aspects of the proposed use as may be necessary and appropriate for the protection of adjacent properties and the public interest to effect the purposes of this section such that the reviewing authority can make the findings specified in provision (E) of this section.
G. Revocation. Upon a permittee’s violation of any applicable provision of this Zoning Ordinance, or, upon a permittee’s failure to comply with any terms or conditions of a use permit, the Director may send the permittee a certified letter informing the permittee of the facts constituting noncompliance and stating that the permittee has 20 calendar days from the date of the letter to comply with the requirements of this Zoning Ordinance and/or the terms and conditions of the use permit. If, after 20 calendar days have elapsed from the date of the notice, the permittee has failed to cure the permittee’s noncompliance as required, the Director shall send a second certified letter to the permittee suspending the use permit and advising the permittee of the permittee’s right to be heard by filing an appeal pursuant to Section 24.090. The suspension will be in effect for 20 calendar days from the date of the notice of suspension. If, after the 20-day suspension, the permittee still has not cured the permittee’s noncompliance as required, or if the permittee has failed to file a timely appeal, the use permit shall be revoked and terminated and shall be null and void without further action by the City.
H. Appeal. Any determination made pursuant to this section may be appealed in accordance with Section 24.090.
I. Expiration of Permit. A use permit shall automatically expire 12 months after approval unless the permit has been exercised or unless an extension of time is approved in accordance with provision (J) of this section. An approval shall not be deemed “exercised” until the permittee has commenced the approved use on the site in compliance with the conditions of approval or an application for building permit has been submitted in compliance with the conditions of approval.
J. Extension of Time. Upon submittal of an application to the Community Development Department on a form prescribed for this purpose by the Director, the Director may extend the time limit established in provision (I) of this section for the validity of an approved use permit that has not been exercised in accordance with the requirements of this provision.
1. The application filed shall include a written request for an extension of time and shall be filed at least 30 days prior to the expiration of the conditional use permit, together with the filling fee required by the City’s adopted fee schedule.
2. The Director shall determine whether the applicant has made a good faith effort to exercise the permit. The applicant shall provide substantial evidence that circumstances beyond the control of the applicant have resulted in an inability to commence the use or apply for a building permit within the time period specified in provision (I) of this section. For purposes of this provision (J) only, such circumstances may include, but are not limited to, financial hardship, temporary unavailability or delay in funding, unanticipated delays in securing necessary property rights for the project, and unanticipated or abnormal weather conditions sufficient to delay commencement or completion of construction or preconstruction activities. Such circumstances apply only to the extension of time for commencement of a use under a newly issued use permit and not to cessation of activity for purposes of abandonment of a use permit, pursuant to provision (K) of this section.
3. The Director may grant up to three 12-month extensions to the expiration date of the original use permit only upon the Director’s determination separately for each extension that conditions of the site and in the vicinity of the project are substantially the same as when the permit or approval was originally granted and/or that any changes which have occurred do not affect the validity of the findings for the original approval, that the project remains in general conformance with the City’s General Plan and the requirements of this Zoning Ordinance, and that the applicant has made a good faith effort to exercise the approval. Only one 12-month extension may be granted at a time. More than three extensions may be granted for City projects.
K. Abandonment. Whenever the use permitted by a use permit has been abandoned, the permit shall be deemed revoked, and shall be terminated and null and void. For purposes of this provision, “abandoned” means:
1. Cessation of the use permitted by the permit for a continuous period of one year.
2. Commencement of a different use that does not include or continue the use which is the subject of the permit, and continuance of the different use for a continuous period of one year.
3. Commencement of use under a new use permit granted for a use or combination of uses not previously permitted, and continuance of the use under the new use permit for a continuous period of one year.
4. Except in the case of an extension granted pursuant to provision (J) of this section, or reactivation pursuant to provision (O) of this section, cessation of diligent activity to construct the permitted use for a continuous period of one year or more, once begun, unless the cessation of activity is due to factors beyond the control of the permittee. For purposes of this provision, lack of adequate financing, bankruptcy or financial failure of the permittee or the permittee’s agent(s), employee(s), contractor(s), or investor(s) will be deemed within the control of the permittee.
Following abandonment pursuant to this provision, any affected permittee may apply for a new conditional use permit, which shall be governed by terms and conditions of the new conditional use permit and the requirements of this Zoning Ordinance and other applicable laws and regulations in effect at the time the new conditional use permit application was complete.
L. New Application. Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same site shall be filed within one year from the date of denial or revocation of the use permit. The Director shall determine in the Director’s sole discretion whether the proposed use is the same or substantially the same for the purposes of this provision.
M. Use Permit to Run With Land. A use permit granted pursuant to the provisions of this chapter shall run with the land and shall be valid for the successors in interest of the original permittee, subject to the terms and conditions of the permit and the requirements of this Zoning Ordinance and other applicable laws and regulations.
N. Referral to Planning Commission. The Director may refer to the Planning Commission for a public hearing any use permit application.
O. Reactivation. The Director may reactivate expired or abandoned use permits upon a determination that the requirements specified for granting extensions pursuant to provision (J) of this section are met. The application for reactivation, subject to any conditions which may apply, shall conform with the applicable requirements of this Zoning Ordinance and applicable policies and programs of the City’s General Plan and building codes, pursuant to Title 17 of the Petaluma Municipal Code as in effect at the time the application for reactivation is complete. The proposed use may not, under the circumstances of the reactivation application, constitute a nuisance or be detrimental to the public welfare of the community.
P. Public Notice. Notice of both conditional use permits and minor use permits will be in accordance with Section 24.100. (Ord. 2811 § 2 (Exh. 1), 2022.)