HomeMy WebLinkAbout8.2, Attmt 8-Minor Use Permit,Ch 8.102MINOR USE PERMIT
Chapter 8.102
CHAPTER 8.102 MINOR USE PERMIT
8.102.010 Purpose. The purpose of this Chapter is to establish a procedure for approving or
denying land uses that are subject to a minor use permit requirement under the
City Code. Such uses would only be approved if their effect on the surrounding
environment can be made acceptable through the application of conditions of
approval.
8.102.020 Uses Requiring a Minor Use Permit. The uses and related structures requiring a
Minor Use Permit shall be limited to those in Chapter 8.12, Zoning Districts and
Allowable Uses of Land, for each zoning district, and elsewhere in this Ordinance.
8.102.030 Application. The Applicant shall submit a complete application pursuant to
Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and/or
deposit and such materials as are required by the Director of Community
Development.
8.102.040 Concurrent Consideration. When a Minor Use Permit is required for a project
which is also subject to a Zoning Ordinance Amendment, Specific Plan, Specific
Plan Amendment, or General Plan Amendment, it shall be approved or denied by
the same decision-maker or body for those actions.
8.102.060 Notice and Hearings. Minor Use Permit applications shall be considered by the
Community Development Director with notice pursuant to Chapter 8.132, Notice
and Hearings. A Notice of Decision shall be provided not less than 10 days
before the date of a scheduled decision by the Community Development Director.
8.102.060 Required Findings. The following findings shall all be made in order to approve
a Minor Use Permit and shall be stated in the Notice of Decision:
A. The proposed use and related structures are compatible with other land uses,
transportation and service facilities in the vicinity.
B. The proposed use meets the parking requirement for the use type in accordance with the
requirements of Chapter 8.76 (Off-Street Parking and Loading), which could include a
parking reduction for shared parking.
C. It will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfare.
D. It will not be injurious to property or improvements in the neighborhood.
City of Dublin Zoning Ordinance 100-1 November 2009
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Chapter 8.102
E. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to
the public health, safety, and welfare.
F. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed.
G. The proposed use will not be contrary to the specific intent clauses, development
regulations, or performance standards established for the zoning district in which it is
located.
H. The proposed use is consistent with the Dublin General Plan and with any applicable
Specific Plans.
8.102.070 Action. The decision maker for Minor Use Permits shall be the Community
Development Director (or his/her designee). The decision maker may approve,
conditionally approve, or deny a Minor Use Permit based on the required findings
in Section 8.102.060. If the Community Development Director determines that
the proposed Indoor Recreational Facility could have impacts that should be
considered by the Planning Commission at a public hearing, the Community
Development Director may refer decision making on the Minor Use Permit to the
Planning Commission.
8.102.080 Amendments.
A. Minor Amendment. The Community Development Director or his/her designee shall
determine that a minor amendment to a Minor Use Permit is in substantial conformance
with the Minor Use Permit if it is a minor project as described below, is Categorically
Exempt from the California Environmental Quality Act, and is consistent with the
conditions of approval for the permit. It is not the intent of this Chapter that a series of
Minor Amendments be used to circumvent the need for a new Minor Use Permit. A
minor project shall include any of the following:
The cumulative physical expansion of any structure approved in the original
Minor Use Permit by no more than 1,000 square feet.
2. The expansion or intensification of use by no more than 10% of the original use.
3. Relocation of a use within the same property or structure.
4. A maximum 25% increase or decrease in hours of operation.
B. Other Amendments. The process for amending a Minor Use Permit shall be the same as
the process for approving a Minor Use Permit except that the decision-maker for such
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Minor Use Permit shall be the same decision-maker that ultimately approved the Minor
Use Permit including any approval on appeal, or by referral.
8.102.090 Building Permits. Building Permits shall not be issued except in accordance
with the terms and conditions of the Minor Use Permit approval.
8.102.100 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall
apply except as otherwise provided in this Chapter.
City of Dublin Zoning Ordinance 100-3 November 2009