Chapter 17.73 — ADMINISTRATIVE USE PERMITS

An administrative use permit is required for certain uses within specific zoning districts where the use is otherwise permitted, but due to the nature of the use or the area within which the use is proposed requiring special review/approval procedures. For the purposes of CEQA compliance, administrative use permits are not normally "discretionary" permits but rather are permits subject to established city standards for unique site and use applications and therefore considered "ministerial" and not subject to CEQA review.

(Ord. 2011-02 §1)

• A. The following regulations shall be applied to the planning director's review and approval of administrative use permits. Uses subject to administrative approval by the planning director shall be permitted only in those zone districts where administrative uses are specifically enumerated as a use subject to review and approval.

• B. Unless required under Government Code Section 65905 , no public hearing need be held on the issuance of an administrative permit; provided, however, that the planning director may require that the planning commission conduct a public hearing because general public and/or neighborhood interest or concern over the use or activity that is proposed.

• C. Administrative uses may be established subject to review and approval by the planning director, as permitted in this title, provided the planning director finds that the public necessity, convenience and welfare justify the approval and that the establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare.

• (Ord. 2011-02 §1)

An administrative use permit will be required for any of the uses enumerated in the zoning district where such use is identified as "A" or subject to an administrative use permit (AUP). The planning director may, from time to time, specify the form of the administrative permit application and permit. (Ord. 2011-02 §1)

• A. Each administrative use shall comply with the regulations of the applicable zoning district within which it is physically located.

• B. Prior Determinations for an Administrative Use Permit Approval. The planning director shall only approve an application for a temporary use permit, if all of the following findings can be made:

  1. The proposed administrative use will be compatible with adjacent uses and will not adversely affect the surrounding neighborhood by means of odor, noise, dust, or other nuisance.

  2. The proposed administrative use has been referred to the planning commissioners for review and comment in accordance with normal city permit review processes.

  3. The proposed administrative use is consistent with all general plan, city, and municipal code regulations, including securing the required city of Waterford business license per Title 3 of this code.

  4. The proposed administrative use permit application has been subjected to the standards of review contained in Chapter 17.73 .

• C. Conditions of Approval. The planning director may impose such conditions on an administrative use permit as is necessary to meet the purposes of this chapter and protect the public health, safety and welfare and adjacent uses. Conditions which may be imposed include, but are not limited to:

  1. Setbacks and open space requirements;

  2. Parking and circulation;

  3. Fences, walls or other screening;

  4. Signs;

  5. Vehicular and pedestrian ingress and egress;

  6. Property maintenance during the course of the activity;

  7. Control of illumination, noise, odor, vibration or other nuisances;

  8. Hours of operations.

• D. Notice and Posting. A notice of proposed use shall be posted on the site where an administrative use permit is to be considered by the planning director at least ten days prior to the planning director's decision and a notice shall be similarly published in a newspaper of general circulation ten days prior to the decision to approve.

• E. Referral to the Planning Commission. The planning director may refer any administrative review application to the planning commission for review and approval.

• F. Appeal of Administrative Review Decision. Any person who is dissatisfied with the decision of the planning director may appeal that decision to the planning commission in accordance with the procedures in this title.

• (Ord. 2011-02 §1)