Chapter 18.88 — Administrative Use Permits and Conditional Use Permits

Sections:

• 18.88.010 – Purpose and Intent 18.88.020 – Applicability 18.88.030 – Application Requirements 18.88.040 – Review Authority 18.88.050 – Project Review, Notice, and Hearing 18.88.060 – Findings and Decision

• 18.88.070 – Conditions of Approval 18.88.080 – Permit Expiration 18.88.090 – Post Decision Procedures

• A. Purpose. The purpose of this chapter is to provide two distinct procedures for reviewing land uses which 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. Special Consideration. Certain types of land uses may require special conditions in a particular zone or physical location within the City as a whole because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.

• C. Intent. The Administrative Use Permit and Conditional Use Permit procedures are intended to provide sufficient flexibility in the use regulations in order to further the objectives of the Development Code and to provide the City with the opportunity to impose special conditions in order to mitigate potential impacts that could result from allowing the use(s) at the requested location.

• A. When Required. Approval of a Use Permit is required to authorize proposed land uses specified in Article 2 as being allowable in the applicable zone when subject to the approval of an Administrative Use Permit or Conditional Use Permit.

Public Structures and Uses. Location of electric power, gas, water and oil lines, public utility or public service uses or public structures in any zone when found to be necessary for the public health, safety, convenience, or welfare, except that a Conditional Use Permit is not required for local distribution lines. An application for a Use Permit shall be filed and processed in compliance with standard application processing procedures. It is the responsibility of the applicant to provide evidence to support of the required findings.

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Chapter 18.88

Administrative Use Permits and Conditional Use Permits

• A. Administrative Use Permits.

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

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

• B. Conditional Use Permits. Conditional Use Permits shall be approved or denied by the Commission, except as otherwise specified.

Each application shall be reviewed by the Director to ensure the proposal complies with all applicable requirements of the Development Code.

A. Administrative Use Permits.

1. An application for an Administrative Use Permit may be submitted by the property owner or by an agent on the owner’s behalf. The application shall be made to the Community Development Department on a form provided by the City and with all applicable fees and submittal materials. Generally no public hearing is required.

2. If the proposed use requires a division of land, an application for a land division permit shall be submitted in conjunction with the application for a Use Permit. Approval of the Administrative Use Permit shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the Administrative Use Permit shall take effect upon final approval of the phase of the land division containing the property on which the specially permitted use is to be located.

Review Procedure.

• a. The Director shall send a written notice of the application to each of the adjacent property owners as shown by the latest available assessment roll of the County of San Mateo. The notice shall advise the property owners that a written protest or request for an administrative hearing, or both, may be filed with the Director within ten calendar days from the date of the notice.

• b. If any written protests are filed by adjacent property owners within the time prescribed in the notice, but no request for hearing is made, the Director shall consider the protests in determining whether to approve, conditionally approve, or deny the application and shall render a decision without conducting an administrative hearing.

• c. If a request for an administrative hearing is received within the time prescribed in the notice, the Director shall fix a time and place for the hearing and shall give written notice of the hearing to the applicant and the person or persons requesting the hearing. The hearing shall be scheduled within 60 days of receipt of a request for administrative hearing. Within 10 working days of the conclusion of the hearing, the Director shall approve, conditionally approve, or deny the application and shall furnish a copy of his or her written decision to the applicant and the person or persons who requested the hearing.

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4. Review and Decision on an Administrative Use Permit.

• a. The Director shall be the final decision-maker for Administrative Use Permits. If there is not an administrative hearing, the Director shall render a decision within 60-days of formal notice of application completeness, subject to findings and conditions necessary to make the use compatible with surrounding uses. If the appropriateness of the use cannot be assured at the proposed location, the application for Administrative Use Permits shall be denied as being incompatible with existing uses or uses permitted by right in the district. The decision by the Director may be appealed to the Commission within 15 calendar days after the decision is issued. Any appeal must be made in writing and shall state how the Director erred or abused discretion.

  • b. The Director may refer any Administrative Use Permit application to the Commission for the purpose of processing the same as a Conditional Use Permit in accordance with the public hearing procedures.

Administrative Use Permit Limitations.

• a. Approval of an Administrative Use Permit authorizes only the particular use for which the permit is issued and may include a limit on time the use may continue.

• b. No use authorized by an Administrative Use Permit shall be enlarged, extended, increased in intensity or relocated unless an application is made to modify the Administrative Use Permit in accordance with the procedures set forth in the Development Code.

• c. A new permit is required for any new business or activity on the site, including resumption of any business or activity within a structure which has been vacant or abandoned for a period in excess of 90 consecutive calendar days.

• d. Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by this Code and by the county, state, federal, or other agencies.

6. Appeals. The Director’s decision is appealable to the Commission .

B. Conditional Use Permits.

1. The Commission shall conduct a public hearing on an application for a Conditional Use Permit before making a decision on the application.

2. Notice of the hearing shall be provided and the hearing shall be conducted as set forth in the provisions related to public notices and hearings..

3. The Commission’s decision is appealable to the Council

• A. Required Findings. The Review Authority may approve, conditionally approve, or deny a 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;

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Chapter 18.88

Administrative Use Permits and Conditional Use Permits

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

3. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity, as detailed in the General Plan or any applicable Specific Plan;

4. 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 the neighborhood of the proposed use; and

5. The subject site is:

   • a. 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; and

   • b. Served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.

B. Extension of use permits.

1. A noticed public hearing shall be conducted on an application for extension.

2. The Commission may grant the extension if it finds and determines the proposed use, and the conditions under which it would be operated or maintained, would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or in the vicinity;

3. Extension of a Conditional Use Permit is not a matter of right and the Commission may deny the application or grant the same subject to conditions.

In approving a Use Permit, the Review Authority may impose any conditions deemed reasonable and necessary to ensure approval will comply with the required findings.

Any Use Permit that is not actively exercised for a continuous period of 180 days shall become invalid. The 180 days does not apply to a change of tenancy in an office building.

The procedures and requirements related to permit implementation, and to appeals and revocation apply following the decision on an Administrative Use Permit or Conditional Use Permit application.

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