Chapter 19.25 — ADMINISTRATIVE USE PERMITS

Where required by Divisions III or V, administrative use permits are intended to provide a process for Director review and determination of requests for activities and uses whose effect on the surrounding environment need to be evaluated in terms of specific development proposals for specific sites. It is anticipated that uses or activities qualifying for an administrative use permit are minor in nature, are suitable for their location, only have a minimal impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility. (Ord. 2519, §14 (part))

An application for an administrative use permit, or modification of an existing administrative use permit, shall be prepared, filed, and processed in compliance with Chapter 19.16 (Application Filing and Processing, Fees) and shall include all information specified in the Department handout for administrative use permits. (Ord. 2519, §14 (part))

Prior to taking action on an administrative approval, public notice shall be provided through a mailing to all tenants and owners of real property as shown on the County's latest equalized assessment roll, directly abutting or adjacent to the subject parcel.

(Ord. 2519, §14 (part))

The department shall provide a comment period of no less than ten calendar days prior to taking action on an administrative approval, beginning on the date the public notices are mailed. The purpose of the comment period is to enable the public to bring comments or questions to the attention of the department. If the department receives substantive comments or information which establishes that the application should not be approved administratively, the department shall either deny the application or, if requested by the applicant and upon submittal of the applicable fee, schedule a public hearing before the Planning Commission to consider the application. (Ord. 2519, §14 (part))

The Director may approve an administrative use permit application, with or without conditions, only if all of the following findings can be made:

A. The proposed use is allowed within the subject zoning district and complies with all of the applicable provisions of Chapter 19.25 (Administrative Use Permits);

B. The proposed use or activity is minor in nature (de minimus) and not reasonably expected to negatively affect the surrounding properties;

C. The proposed use would not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use;

• D. The proposed use would not be detrimental and/or injurious to property and improvements in the neighborhood of the proposed use, as well as the general welfare of the City;

• E. The proposed entitlement is consistent with the General Plan, any applicable specific plan, and any applicable neighborhood or area plan;

• F. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

The Director shall provide written notice of the decision on the administrative use permit application to the applicant and interested parties within 10 days following the final date of the comment period.

(Ord. 2519, §14 (part))

In granting an administrative use permit in compliance with this chapter, the Director shall designate conditions that will ensure compatibility with the existing and designated land uses in the vicinity, as well as consistency with the General Plan and any applicable specific plan. Granting of an administrative use permit does not exempt applicant from complying with the requirements of the building code or other ordinances and codes. (Ord. 2519, §14 (part))

An administrative use permit shall be exercised within three years from the date of approval or the permit shall be deemed void, unless a written request for an extension is filed prior to the expiration date and approved prior to expiration, in compliance with Chapter 19.30 (Permit Implementation, Time Limits, Extensions). (Ord. 2519, §14 (part))

In case an application for an administrative use permit is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including part or all of the same property shall be substantially different from the application denied, in the opinion of the Director, to be eligible for consideration within one year of the denial of the original application. An application denied without prejudice by the Director, Planning Commission or City Council shall be eligible for reconsideration within one year of the denial. (Ord. 2519, §14 (part))

A building permit, granted in compliance with the provisions of this chapter and the specific terms and conditions of the administrative use permit, shall only be issued after the required administrative use permit has been approved and the decision has become final and effective.

(Ord. 2519, §14 (part))

An administrative use permit granted in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, service, site, structure, or use that was the subject of the permit application.

(Ord. 2519, §14 (part))

Changes to an administrative use permit may be approved in compliance with Section 19.30.060 (Changes to an approved project) or imposed pursuant to Chapter 19.14 (Permit Revocation). (Ord. 2519, §14 (part))