(A) Administrative use permits are provided for the individual review of a use at a specific location to ensure that their operation will be compatible with surrounding areas and uses. Administrative use permits are provided for certain uses to expedite the processing of applications by allowing staff review and approval. Administrative use permits are provided for uses which require individual scrutiny but are generally less potentially impactful than uses for which a conditional use permit is required.
(B) Approving Authority. The designated Approving Authority for an administrative use permit is the Planning Director.
(1) The Planning Director may, at his or her discretion, forward an application for an administrative use permit to the Planning Commission for decision. The Director may refer an application to the Planning Commission for any of the following reasons:
(a) The applicant or applicant’s representative or any member of the public requests, in writing, a public hearing.
(b) At the discretion of the Director.
(2) Administrative use permits referred to the Planning Commission shall be processed in the same manner as a conditional use permit.
(C) Uses requiring administrative use permits. Uses which require administrative use permits are shown in the use tables in Chapter 25.03 of this zoning code.
(D) Application. Applications for administrative use permits shall be filed with the Planning Division on the prescribed application forms.
(E) Notice of application filing. Once an application for an administrative use permit has been determined to be complete, notice of the application shall be mailed to all persons owning and/or residing on property within 300 feet of the exterior boundaries of the property for which the permit has been applied. The notice shall also be posted on the website, and at the project site by the applicant in a location that is readable from the public right of way.
(1) The notice shall indicate that staff is considering the application but need not include a proposed decision.
(2) The notice shall indicate that, unless requested, a public hearing will not be held.
(3) The notice shall include a deadline of not less than ten calendar days to respond in writing to provide comments or request a public hearing from the date of the notice.
(F) Required findings.
(1) All of the following findings must be made in order to approve an administrative use permit:
(a) The proposed use is administratively permitted within the applicable zone and complies with all other applicable provisions of this title and all other titles of the County Code, general plan and any applicable specific plan;
(b) The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
(c) The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Title;
(d) The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints.
(2) The Director shall provide his or her determination to approve or deny in writing to applicant.
(G) Conditions of approval.
(1) In approving an Administrative Use Permit, the Director may impose reasonable conditions or restrictions to ensure that the project’s operation will allow all of the findings for approval to be made. The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
(2) Conditions of approval may be included requiring that specific actions take place by specified deadlines. Noncompliance with such conditions may result in revocation, as provided in this section.
(H) Modification of conditions.
(1) Minor changes to an approved administrative use permit to modify or substitute conditions of approval which are substantially the same as the approved conditions may be made by the Director. No public notice shall be required for such changes.
(2) Changes to an approved administrative use permit which are in the Director’s opinion not minor may be approved following a public hearing at the Planning Commission.
(I) Notice of decision. The Director’s decision to approve or deny an application for an administrative use permit shall be provided to the applicant in writing. The notice of decision shall include:
(1) The Director’s decision and the date of the decision.
(2) Any conditions of approval.
(3) A deadline for the public or applicant to file an appeal of the decision, which shall be ten calendar days from the day on which the notice was mailed.
(J) Appeals.
(1) The public or applicant can request an appeal of the Director’s decision per the procedures established in Chapter 25.01.008 of this code.
(2) The Commission can request that the application be scheduled for a public hearing to review the Director’s decision.
(K) Effective date.
(1) The Director’s approval shall be final when the deadline for the filing of an appeal by the public or applicant has expired without the filing of an appeal.
(2) Applications which have been appealed or scheduled for review at the request of the Planning Commission shall be deemed not approved until the Planning Commission takes action to approve or deny.
(L) Expiration. No automatic expiration for an administrative use permit is imposed by this title. Conditions may be required to be complied with by a certain date.
(M) Revocation. An administrative use permit can be revised or revoked following a public hearing by the Planning Commission based on non-compliance with conditions of approval or to address issues which have arisen due to the operation of the use despite adherence to all approved condition of approval. Noticing and hearing procedures for revocation shall be the same as for the initial consideration of the administrative use permit.
(Ord. 1043 § 3 (part), 2022)