The purpose of this Chapter is to provide for conditional approval
of certain types of land use which require specialized consideration
prior to their being permitted in a particular district. The reason
for requiring such special consideration involving, among other things,
the size of the area required for the full development of such uses,
the nature of the traffic problems incidental to their operation,
and the effect which such uses may have on adjoining land uses and
on the growth and development of the community as a whole. This Chapter,
therefore, provides that certain uses may be permitted in any district
unless expressly prohibited, subject to the securing of an Administrative
Use Permit. The Director of Planning or Planning Commission, therefore,
upon application being made to it in accordance with the provisions
set forth in this Chapter may grant an Administrative Use Permit for
any use requiring such a permit whenever it is found necessary or
desirable for the development of the community, in harmony with the
various elements or objectives of the General Plan, and not detrimental
to the existing uses or the uses specifically permitted in the district
in which the proposed use is to be located. In granting any such Administrative
Use Permit, the Director or Commission may impose such conditions
which shall be set forth in the permit as it may determine to be necessary
in order to safeguard and to protect the public health, safety, and
general welfare and to ensure the development of the use as permitted
being completed in accordance with such plans as the Commission may
approve.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
Whenever in any zoning district certain uses are listed as permissible
subject to the issuance of an Administrative Use Permit, such permit
can be issued provided the conditions precedent as set forth in this
Chapter are satisfied and complied with.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
A.
Written
application for the approval of the uses referred to in this chapter
shall be filed with the City with accompanying plans, supporting information,
and an application fee as established by the City Council.
B.
Within
30 days after submittal of the application, the Director of Planning,
or his/her designee, shall determine if the application is complete.
(Ord. 1252 § 8, 10/14/13)
Before granting approval of an Administrative Use Permit, the
Director of Planning shall be satisfied that all the following conditions
are met:
A.
The
use applied for at the location set forth in the application is properly
one for which an Administrative Use Permit is authorized by this title.
B.
That
use is necessary or desirable for the development of the community,
is in harmony with the various elements or objectives of the General
Plan, and is not detrimental to existing uses or to uses specifically
permitted in the district in which the proposed use is to be located.
C.
The
site for the intended use is adequate in size and shape to accommodate
said use, and for all the yards, setbacks, walls or fences, landscaping,
and other features that may be required in order to adjust said use
to those existing or possible future uses of land in the neighborhood.
D.
The
site for the proposed use relates to streets and highways properly
designed and improved so as to carry the type and quantity of traffic
generated or to be generated by the proposed use.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
A.
Not
more than 10 days following completion of the Director's decision,
he or she shall announce his or her findings by formal written communication,
which recites, among other things, the facts and reasons, which, in
the opinion of the Director, make the granting or denial of the Administrative
Use Permit necessary to carry out the provisions of this Chapter and
the general purpose of this title; and if such decision grants an
Administrative Use Permit, then it shall also recite such conditions
and limitations as may be imposed to serve the purpose of this Chapter
and forthwith transmit a copy of its action to the applicant.
B.
The
action of the Director on any such Administrative Use Permit shall
be final and effective 10 days following delivery of the written announcement
to the applicant of the Director's action thereon; provided, however,
that if:
1.
Within such 10 day period an appeal to the Planning Commission in writing is filed with the appeal fee as established by the City Council in the manner prescribed in Chapter 17.112 of this title, the filing of the appeal within such time limit shall serve to hold in abeyance of the effective date of the Administrative Use Permit granted by the action of the Director until such time as the Planning Commission, in the manner prescribed in Chapter 17.112 of this title, shall have held a de novo public hearing on such appeal. The decision of the Planning Commission on such appeal shall be final and conclusive, absent an appeal to the City Council pursuant to Section 17.112.020.
2.
Such
Administrative Use Permit action, absent an appeal, is part of a proposal
for which other discretionary approval from the Planning Commission
is required pursuant to State law or this Code (e.g., General Plan
amendment, zone change, zone overlay, zoning ordinance text amendment,
planned development), the decision of the Director shall be advisory
only. The decision of the Planning Commission on such Administrative
Use Permit shall be final and conclusive.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
Every Administrative Use Permit issued pursuant to this Chapter
shall terminate and become void unless:
A.
The
uses authorized by such permit shall be commenced: (1) by construction
necessary and incident thereto on or before the time limit specified
in such permit, and, thereafter, diligently advanced; or (2) if no
time is specified, then on or before one year after the date such
permit was approved. In all cases, the Director, for good cause shown
before the expiration of such time limit, may extend such time limit
once for a period of up to one year.
B.
All
uses shall be continuously operated for the use permitted. If said
use ceases to exist for 180 days or more, then it shall be deemed
expired and void.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
Any Administrative Use Permits may be revoked or modified by
the approving authority (Director of Planning or Planning Commission)
after a public hearing on any one or more of the following grounds:
A.
The
approval was obtained by fraud;
B.
The
permit granted is being or recently has been exercised contrary to
the terms or conditions of such approval, or in violation of any statute,
ordinance, law or regulation; or
C.
The
use for which the approval was granted has been so exercised as to
be detrimental to the public health or safety, or so as to constitute
a nuisance.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
A.
The
Director of Planning or Planning Commission may establish reasonable
conditions granting any permit which the Director or Planning Commission
finds and determines are necessary to assure the intent and purpose
of this title. In granting a permit under this Chapter, the Director
or Planning Commission shall designate such lawful conditions in connection
therewith which the Director or Planning Commission shall find and
determine are necessary to secure substantial protection for the public
health, safety, comfort, convenience, and general welfare. Such conditions
may include, but are not limited to, any or all of the following:
B.
Any
use permitted under this Chapter shall be established and conducted
in conformity with the terms of the conditions designated in connection
therewith. The City may require the applicant post with the City a
satisfactory deposit, letter of credit, or other monetary guarantee,
as approved by the City Attorney, as to any conditions imposed in
an amount equal to the estimated cost plus 10%.
(Ord. 1252 § 8, 10/14/13)
