Chapter 23.125 — Administrative Use Permits

The administrative use permit provides a process for director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of specific development proposals for specific sites. It is anticipated that uses qualifying for an administrative use permit are minor in nature, only have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility.

(Ord. 27-2008 § 1 (Exh. A § 1.9.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

An administrative use permit is required for projects proposing land uses designated with an "AUP" on the allowed use tables found in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). (Ord. 27-2008 § 1 (Exh. A § 1.9.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

An application for an administrative use permit shall be filed in accordance with RCMC § 23.110.040 (Application requirements). (Ord. 4-2017 § 3 (Exh. B))

Administrative use permits are a limited discretionary decision by the director as designated in RCMC § 23.104.030 (Recommending and approval authority).

(Ord. 4-2017 § 3 (Exh. B))

No public hearing is required for review and processing of an administrative use permit unless requested pursuant to RCMC § 23.110.110 (Notice of pending director determination and opportunity to request hearing) or unless required by law. If a public hearing is requested or required by law, notice and hearing procedures shall be consistent with RCMC § 23.110.120 (Notice of public hearing) and RCMC § 23.110.130 (Public hearing procedures), respectively. (Ord. 4-2017 § 3 (Exh. B))

The notice of decision shall be issued pursuant to RCMC § 23.110.140 (Notice of decision). (Ord. 4-2017 § 3 (Exh. B))

The approval authority shall approve or approve with conditions an application for an administrative use permit after finding all of the following. If the approval authority does not make all of these findings, the administrative use permit shall not be approved.

• A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, municipal code, General Plan, and any applicable Specific Plans or city regulations/standards.

• B. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards.

• C. The permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

(Formerly 23.125.030; Ord. 27-2008 § 1 (Exh. A § 1.9.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

In approving an administrative use permit, the approval authority may impose any reasonable conditions to ensure that the approval will comply with the required findings, as well as any performance criteria and development standards contained within this code. (Formerly 23.125.040; Ord. 27-2008 § 1 (Exh. A § 1.9.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

Appeal of an administrative use permit may be filed pursuant to RCMC § 23.110.160 (Appeals). (Ord. 4-2017 § 3 (Exh. B))

Administrative use permits shall expire three years from the date of approval, unless:

• A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; or clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use, the permitted use has clearly been established or actual legal occupancy of an existing building or land occurs under the terms of the permitted use; or

• B. An extension is approved in accordance with RCMC § 23.110.070 (Extension of land use entitlement).

Notice of expiration of an administrative use permit shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final.

(Ord. 4-2017 § 3 (Exh. B))

An applicant may request an amendment to an administrative use permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC § 23.110.180 (Amendments).

(Ord. 4-2017 § 3 (Exh. B))