Chapter 9.62


9.62.010    Purpose of chapter.

9.62.020    Applicability.

9.62.030    Application filing, processing, and review.

9.62.040    Project review.

9.62.050    Findings and decision.

9.62.060    Conditions of approval.

9.62.070    Use of property before final action.

9.62.080    Modification of permit.

9.62.090    Periodic review.

9.62.100    Permit to run with the land.

9.62.110    Post decision procedures.

9.62.010 Purpose of chapter.

The purpose of this chapter is to protect the integrity and character of the residential, commercial, and industrial areas of the City, through the application of provisions of this chapter consistent with the General Plan. The application will be reviewed for conformance to established standards. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.020 Applicability.

The land use activities listed in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) may be allowable subject to the approval of an administrative use permit by the Director. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.030 Application filing, processing, and review.

A.    Filing. An application for an administrative use permit, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).

B.    Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for administrative use permit applications.

C.    Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

D.    Notice and hearings.

1.    A public hearing shall be required for the Director’s decision on an administrative use permit.

2.    A public hearing shall be scheduled once the Director has determined the application complete.

3.    Noticing of the public hearing shall be given in compliance with Chapter 88 of this title (Public Hearings). (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.040 Project review.

Each administrative use permit application shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.050 Findings and decision.

A.    Referral to the Commission. When, in the opinion of the Director, the administrative use permit application submitted is of significant consequence or magnitude or involves potential public controversy, the Director may refer the application to the Commission for review and final decision.

B.    Next Commission agenda. The referral shall be placed on the agenda of the next available regular Commission meeting following the Director’s referral.

C.    Director’s action.

1.    Following a hearing, the Director (or the Commission on a referral) shall record the decision in writing and shall recite the findings upon which the decision is based.

2.    The Director may approve an administrative use permit in whole or in part, and may impose specific development conditions.

3.    These conditions shall relate to both on- and off-site improvements that are necessary to accommodate property development, mitigate project related adverse effects, and to carry out the purpose and requirements of the subject zoning district.

D.    Required findings. The Director (or the Commission on a referral) may approve an administrative use permit application, with or without conditions, only if all of the following findings are made:

1.    The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and is in compliance with all of the applicable provisions of this Development Code;

2.    The proposed use is consistent with the General Plan and any applicable specific plan;

3.    The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses and would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby or adverse to the public interest, health, safety, convenience, or welfare of the City;

4.    The subject parcel is physically suitable in size and shape for the type and density/intensity of use being proposed;

5.    There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and

6.    The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.060 Conditions of approval.

In approving an administrative use permit application, the Director (or the Commission on a referral) may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.62.050 (Findings and decision). (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.070 Use of property before final action.

Permits shall not be issued for any use involved in an application for an administrative use permit until and unless the same shall have become final, in compliance with Section 9.82.030 (Effective date of permits). (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.080 Modification of permit.

Modifications to an approved administrative use may be approved by the Director in compliance with Section 9.82.100 (Changes to an approved project). (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.090 Periodic review.

The City may conduct a periodic review of the permit to ensure proper compliance with this Development Code and any developmental or operational conditions imposed by the review authority. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.100 Permit to run with the land.

An administrative use permit granted in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use which was the subject of the permit application in the same area, configuration, and manner as it was originally approved. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.62.110 Post decision procedures.

The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on an administrative use permit application. (§ 2, Ord. 14-13, eff. October 8, 2014)