Article IV — Administrative Use Permits

Administrative use permits (AUP) when required or allowed by this code shall be issued only if the findings identified in Section 18.72.160 can be made. The Planning Director or designee shall impose such conditions as deemed necessary to serve the purposes of this title, and may require tangible guarantees or evidence that such conditions are being or will be complied with. (Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)

Application for an AUP shall be made in writing by the property owner(s). (Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)

A fee shall be required to process an AUP in an amount established by resolution of the City Council and updated from time to time.

(Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)

Upon receipt of the application for an administrative use permit and payment of the application deposit, the Planning Director or designee shall evaluate the request and determine if the findings listed in Section 18.72.160 can be made to approve the request.

(Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)

In order to approve an administrative use permit, the Planning Director or designee shall make specific findings that granting the administrative use permit will not be detrimental to public health and safety, introduce unreasonable adverse impacts to the immediate neighbors, and would not overburden sewer and water services, or overburden traffic flow or parking. (Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)

Prior to issuing an administrative use permit under this chapter, the Planning Director or designee shall cause an administrative hearing to be noticed and held in the following manner:

• A. Notice of Hearing. Notice of a public hearing shall contain the information required by Government Code Section 65094 and any additional information the Director deems appropriate. In addition, the notice shall declare that the application for the administrative use permit will be acted on without a public hearing if no request for a hearing is made.

• B. Method of Notice/Distribution. Notice of public hearings shall be given as provided by Government Code Section 65091 .

• C. Public Hearing. A public hearing on an administrative use permit shall occur only when a hearing is requested by the applicant or other interested person(s). This request shall be made in writing to the Planning Director or designee no later than 7 days after the date of the public notice. In the event a public hearing is requested, the hearing on the administrative use permit shall be held on the date and time as defined in the public notice. At the request of the project applicant and/or at the discretion of the Planning Director or designee, a public hearing may be continued from time to time, but notice of the further hearings may be required to be provided again in the same manner as provided by subsection A . All costs associated with noticing shall be borne by the property owner.

• D. Conduct of Hearing. At the public hearing, interested persons may present information and testimony relevant to a decision on the proposed AUP.

• E. Final Decision. Immediately after the conclusion of public testimony in the case of a public hearing, or no sooner than the date of the meeting specified in the public notice required by subsection A , the Planning Director or designee shall announce the final decision, continue the decision to a future date, or announce that the matter will be referred to the City Council for a final decision.

• (Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)

Appeals of any Director final decision under this AUP section shall conform to the requirements of Chapter 18.80 requiring a hearing by the City Council. The City Council's decision concerning any matter it considers under this title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review. (Ord. 2023-509 §4)