Chapter 17.82
ADMINISTRATIVE USE PERMIT
Sections:
17.82.040 Application filing, processing, and review.
17.82.050 Findings and decision.
17.82.060 Conditions of approval.
17.82.070 Noticing and public hearing.
17.82.090 Permit to run with the land.
17.82.100 Modifications to an approved permit.
17.82.010 Purpose and intent.
A. Purpose. The purpose of this chapter is to provide a procedure for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surrounding area cannot be determined before being proposed for a specific site. Certain types of land uses may require special conditions in a particular zone or physical location within the city because they possess unique characteristics or present special problems that make automatic inclusion as allowed uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.
B. Intent. The administrative use permit procedures are intended to streamline development review and entitlement process and provide sufficient flexibility in the use regulations to further the objectives of this zoning code and to provide the city with the opportunity to protect the integrity of areas of the city by imposing special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location. (Ord. 24-01 §2(Exh. A-1)).
17.82.020 Applicability.
Approval of an administrative use permit is required to establish any proposed land use identified in Division 2 (Zones, Allowable Uses, and Development Standards) as requiring an administrative use permit. (Ord. 24-01 §2(Exh. A-1)).
17.82.030 Review authority.
The director may approve, conditionally approve, or deny an administrative use permit application based on compliance with the requirements of this section, unless otherwise restricted by state law. Development on a site shall comply with all applicable standards established in this zoning code and the municipal code. (Ord. 24-01 §2(Exh. A-1)).
17.82.040 Application filing, processing, and review.
A. An application for an administrative use permit shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures).
B. The application shall include the information and materials specified in the most up-to-date division handout for administrative use permit applications, together with the required fee in compliance with the fee schedule.
C. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.82.050 (Findings and decision). (Ord. 24-01 §2(Exh. A-1)).
17.82.050 Findings and decision.
The director shall approve or conditionally approve an administrative use permit application if all the findings in this section can be made. In the event the director determines an application for an administrative use permit does not comply with one of more of the findings established in this section, the application shall be denied.
A. The proposed use is consistent with the general plan, any applicable specific plan, and this zoning code;
B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this zoning code and the municipal code;
C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;
D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the city, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in proximity to the proposed use; and
E. The project site is:
1. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access, and public services and utilities or private water/septic public services if not required by zone;
2. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate; and
3. Served adequately by public water, sewer, and storm drainage facilities. (Ord. 24-01 §2(Exh. A-1)).
17.82.060 Conditions of approval.
When considering approval of an administrative use permit, the director may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.82.050 (Findings and decision). (Ord. 24-01 §2(Exh. A-1)).
17.82.070 Noticing and public hearing.
A. There is no public hearing required for an administrative use permit. The director shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any.
B. The director shall notify the applicant and property owners within one hundred fifty feet of the proposed project in writing of the director’s intended decision to approve or deny an administrative use permit for the proposed project within ten calendar days of the date the notification is mailed. (If the tenth day is a weekend or city holiday, the deadline is extended to the next working day). The director may consider written comments from affected property owners as part of the final decision on the administrator use permit. (Ord. 24-01 §2(Exh. A-1)).
17.82.080 Appeal procedures.
The applicant may appeal the director’s decision within ten calendar days of the decision, or if the tenth day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.114 (Appeals). (Ord. 24-01 §2(Exh. A-1)).
17.82.090 Permit to run with the land.
An administrative use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter. (Ord. 24-01 §2(Exh. A-1)).
17.82.100 Modifications to an approved permit.
Modifications and changes to an approved administrative use permit shall be requested and processed in compliance with Chapter 17.94 (Permit Modification and Revocation). (Ord. 24-01 §2(Exh. A-1)).