Chapter 17.550 — ADMINISTRATIVE AND CONDITIONAL USE PERMITS

This Chapter provides procedures for reviewing Administrative and Conditional Use Permit applications that are intended to allow for specified activities and uses as identified in the various zoning districts, whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for Administrative and Conditional Use Permits shall be reviewed for compatibility, configuration, design, location, and potential impacts of the proposed use and suitability of the use to the site and surrounding area. (Ord. 2456 § 2, 2010)

An application for an Administrative or Conditional Use Permit shall be required for a specified land use that is listed in Article 2, Zoning Districts, Permitted Land Uses, and Zone-Specific Standards , as being subject to approval of an Administrative or Conditional Use Permit. (Ord. 2456 § 2, 2010)

• A. Filing. An application for an Administrative or Conditional Use Permit shall be completed, filed, and processed in compliance with Chapter 17.500 , Applications, Processing and Fees . The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.550.020 , Findings and Decision .

• B. Notice, Hearings and Administrative Review. Notice, hearings, and administrative review regarding an application for an Administrative Use Permit or Conditional Use Permit shall be provided in compliance with Chapter 17.630 , Public Hearings and Administrative Review , and as follows:

  1. Administrative Use Permits. The Director shall conduct an administrative review of an application for an Administrative Use Permit.

2. Conditional Use Permits. The Commission shall conduct a public hearing on an application for a Conditional Use Permit.

(Ord. 2456 § 2, 2010)

Following an administrative review or public hearing, the appropriate review authority shall record the decision in writing with the findings on which the decision is based. The Administrative or Conditional Use Permit may be approved, with or without conditions, only after first making all of the following findings, and any additional findings required for the approval of specific land uses in Article 4, Standards for Specific Land Uses and Accessory Uses .

• A. The proposed use is allowed within the subject zoning district with the approval of an Administrative or Conditional Use Permit and complies with all other applicable provisions of this Title and the WMC.

• B. The proposed use is consistent with the General Plan and any applicable Specific Plan.

• C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity of the subject site.

• D. The subject site is physically suitable for the type and intensity of use being proposed, including access, compatibility with adjoining land uses, shape, size, provision of utilities, and the absence of physical constraints.

• E. The establishment, maintenance, or operation of the proposed use will not be detrimental to the public interest, health, safety, or general welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

• (Ord. 2456 § 2, 2010)

In approving an Administrative or Conditional Use Permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions that may include but are not limited to the City's "Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications," as adopted by the Commission, to ensure that the approval will be in compliance with the findings required by Section 17.550.020 , Findings and Decision .

(Ord. 2456 § 2, 2010)

• A. General Procedures. Procedures relating to appeals, revocations, and modifications as identified in Article 6, Zoning Code Administration , in addition to those identified in Chapter 17.510 , Permit Implementation, Time Limits and Extensions , shall apply following the approval of an Administrative or Conditional Use Permit application.

• B. Permit Validity. An Administrative or Conditional Use Permit granted pursuant to the provisions of this Chapter that is valid and in effect shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the use permit application. However, should the activity approved by the use permit be discontinued for a consecutive period of one year, the use permit shall be deemed expired and shall become null

and void. Upon expiration, further continuation of the activity on-site will require approval of a new Administrative or Conditional Use Permit application. (Ord. 2456 § 2, 2010)