§ 17.128

An Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact on the neighborhood. Uses listed in the Zoning Code as requiring an Administrative Use Permit are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses. In granting an Administrative Use Permit, certain conditions may be required to protect the public health, safety, convenience, and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the location, use, building, traffic and other impacts of the proposed use and its relationship with other existing and proposed uses in the surrounding area.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Approval of an Administrative Use Permit is required to authorize proposed land uses specified by Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) as being allowable in the applicable zone when subject to the approval of an Administrative Use Permit.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The procedure set forth in Chapter 17.120 (Applications and Processing), Chapter 17.156 (Public Hearings and Administrative Review) and Chapter 17.160 (Appeals and Requests for Review) shall constitute the procedure relating to Administrative Use Permits, except as otherwise specifically provided in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

An Administrative Use Permit may be issued only after a hearing before the Community Development Director of the City upon application. The Community Development Director shall also find that the

establishment, maintenance or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the immediate neighborhood, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City.

A.

All of the following findings shall be made by the Community Development Director in conjunction with the approval of an Administrative Use Permit:

1.

Approval of the application will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare.

2.

The use is consistent with the General Plan.

3.

The use is consistent with the provisions of this Zoning Code.

4.

Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

5.

If development is provided for under the Administrative Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district.

B.

Referral to the Planning Commission. If the Community Development Director determines that there are unusual circumstances or special conditions related to an application, the Community Development Director may defer action and refer the application to the Planning Commission for final decision.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The Community Development Director has the authority to impose any additional conditions upon the Administrative Use Permit, which may be necessary or desirable to mitigate any potential impacts. The conditions may relate to use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, general character, appearance, time limits, revocation dates, and other conditions necessary to comply with the findings listed in Section 17.128.040 (Findings and decision authority) and all applicable site location, operation and development standards.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.128.060 - Expiration, modification, extension and revocation of administrative use permit.

A.

If the use authorized by any Administrative Use Permit is, or has been unused, abandoned or discontinued for a period of six months or none of the conditions have been complied with, the Administrative Use Permit shall become null and void and of no effect.

B.

If any condition attached to a Administrative Use Permit is violated or if any law, statute or City ordinance is violated, the Administrative Use Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Repeated violations of any of the conditions attached to an Administrative Use Permit may be grounds for revocation of the Administrative Use Permit.

C.

In the event that the operation of any part of a facility granted by Administrative Use Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified.

D.

For any revocation or modification of an Administrative Use Permit, as set forth in subsection B or C of this section, the Community Development Director shall follow the revocation and modification provisions set forth in Chapter 17.168 (Revocations and Modifications).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.132 - CONDITIONAL USE PERMITS