The purpose of requiring administrative approval of certain enumerated uses is to enable the city planner to determine whether, in any particular case, a use listed under a section of district regulations entitled "permitted uses: administrative approval" should be treated as a conditional use because of the peculiar circumstances and conditions of the case. The provisions of this chapter set forth a procedure for approval of such use by an administrative act where findings can be made by the city planner that such use is in conformance with the intent and provisions of this chapter and take cognizance of the impracticality of listing certain uses as categorically possessing the characteristics of those listed under individual district.

(Ord. 146 §3 (part), 1979).

(Ord. No. 2023-485, § 1, 7-25-2023)

A.

An application for administrative approval shall be submitted to the city planner on a form prescribed by the city planner. The application shall include a statement of the use proposed and an administrative use permit application. The application information shall contain the minimum information as well as other information that may be requested by the city planner: The applicant shall submit three (3) prints of the site plan, electronic files (flash drive). The site plan shall contain plot plans drawn to scale, and shall indicate clearly and with full dimensions the following information, where applicable:

1.

The name and address of the applicant and of all persons owning any or all of the property proposed to be used.

2.

Location of property involved (address or vicinity).

3.

Legal description of property.

4.

Proposed facility or use.

5.

The lot dimensions.

6.

All buildings and structures and their location, size, height, and proposed uses;

7.

Location and design of recreation areas.

8.

Yards and spaces between buildings.

9.

Walls and fences and their location, height, and materials.

10.

Landscaping and sprinkling system, including location, type and plant names and proposed disposition of existing trees.

11.

Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system.

12.

Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions.

13.

Signs and their location, size and height.

14.

Loading, including the location, dimensions, number of berths, internal circulation, and means of accessibility to structure or use served.

15.

Lighting, including the location, general nature, and hooding devices, if any.

16.

Street dedication and improvements.

17.

Location of utilities and trash collection areas.

18.

An appropriate description legend and north point.

19.

Will serve letter from the Arvin Community Services District.

20.

Clearance from the Kern County Fire Department.

21.

Financial commitment to lessen the burden of cost in providing public services by joining or creating landscape and lighting district, joining, or creating a benefit assessment district, joining, or creating community services district, etc.

22.

Such other data or information as may be required by the city.

B.

The city planner shall determine if the application is complete and if complete shall review the application for compliance with the provisions of chapter 17.60, site development permits, and chapter 17.70, site development standards. Upon completion the review of a completed application and consultation with appropriate city departments and purveyors of services, the city planner shall state in writing either approval or disapproval of the proposed use, together with findings and reasons per section 17.05.03, grant of application - findings required, for such decision, within forty-five (45) working days of acceptance of a complete application excluding Saturday, Sundays, and legal holidays, of the filing of the application of a complete application. The findings and reasons of the city planner may identify required improvements, dedications, bonding, financial obligations, etc.

C.

In approving or disapproving the use, the city planner shall advise of the decision to the applicant and designated representatives and shall advise of the right to appeal the decision in accordance with section 17.05.050, appeal to the planning commission.

D.

All uses subject to administrative approval pursuant to section 17.05.080, permitted uses designated—administrative approval, shall be required to comply with the provisions of this chapter.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 5), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

A.

The city planner may grant an application for administrative approval as the permit was applied for, or in modified form, if, based on the application and evidence submitted, the city planner is able to make the following findings:

1.

That the use will not involve any process, equipment, or materials which, in the opinion of the city planner, will be objectionable to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion; and

2.

That the proposed use will be harmonious with existing structures and uses of land in the vicinity.

3.

That proposed signs will not by size, location or lighting interfere with traffic or limit visibility.

4.

That the proposed use shall cause all necessary improvements of needed public facilities as identified by the city.

5.

That the proposed use shall create, join and/or participate in the formation of community facilities district(s), lighting and landscape maintenance district(s), or other mechanisms to off-set current and future long-term maintenance of physical improvements to all necessary facilities such as road improvements, storm drainage facilities, sewer facilities, fire protection, police services and facilities, administrative services and facilities, etc.

6.

Compliance with all applicable laws and ordinances.

7.

Compliance with all applicable city policies duly adopted by a majority vote of the planning commission or the city council; and

8.

Conformance to latest accepted planning and engineering standards covering the following area: site layout, building appearance and structural design, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire protection, access, traffic circulation and parking.

B.

In making such findings, the city planner shall consult with the city engineer, building official, Kern County Fire Department, Police Chief, City of Arvin Wastewater Manager, Arvin Community Service District, and other departments or agencies that may provide service to the proposed use to assure that approvals will be consistent with established legislative policies relating to traffic safety, street dedications, street improvements, utility service, and public safety.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 6), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

One (1) copy of the written decision of the city planner approving or disapproving the application shall be signed and dated by the city planner and mailed to the applicant, and all purveyors of public services. The applicant, if in agreement with the decision of the city planner, shall sign and certify their agreement to the findings and requirements as stated in section 17.05.030, grant of application—findings required, on a form provided by the city planner.

(Ord. 146 §3(part), 1979).

(Ord. No. 2023-485, § 1, 7-25-2023)

The applicant or any aggrieved person may appeal, in accordance with section 17.54.100, hearing - notice and payment of fees, per section 17.54.080(D), in writing and shall pay the established appeal fee as adopted by the city council setting forth the reason(s) for such appeal to the commission. Such appeal shall be filed with the city clerk within fifteen (15) calendar days after the mailing of the notice of such decision by the city planner. If an appeal is filed, the city planner upon completion of the staff report and upon completion of a public hearing notice shall transmit the completed report(s) to the city clerk and upon receipt of said reports shall schedule the planning commission hearing date for consideration of the appeal. The commission shall review the administrative permit de novo and shall approve, approve with conditions, or disapprove, based on the findings set forth in section 17.05.030, grant of application—findings required. The decision of commission shall be final unless appealed to the city council in accordance with section 17.54.130, decisions - granting or denial - notice.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 8), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

The applicant or any aggrieved person may appeal in writing and shall pay the established appeal fee as adopted by the council, setting forth reason(s) for such appeal to the council. Such an appeal shall be filed with the city clerk within fifteen (15) calendar days after the commission's decision. If an appeal is filed, the city planner upon completion of the staff report and upon completion of a public hearing notice shall transmit the completed report(s) to the city clerk and upon receipt of said reports shall schedule the city council hearing date for consideration of the appeal. The council shall review de novo the site plan and shall approve, approve with conditions, or disapprove, based on the findings set forth in chapter 17.72, multiple family residential design review, and chapter 17.70, site development standards, and chapter 17.60, site development permits, of this Code. The decision of the council shall be final.

(Ord. 146 §3 (part), 1979).

(Ord. No. 456, § 4(Exh. A, § 9), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

Before a building permit shall be issued for any building or structure proposed as part of an approved application for administrative approval, the building division shall secure written clearance from the city planner that the proposed structure and/or building location is in conformity with the approved administrative permit. Prior to the issuance of the certificate of occupancy is issued by the building official or final inspection, the building official/inspector shall receive clearances from the city planner and other city departments and agencies that the site has been developed in accordance with the administrative permit and in compliance with chapter 17.70, site development standards.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 10), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

Administrative approval of the following uses shall be reviewed and processed in compliance with chapters 17.05, uses permitted subject to administrative permit, 17.70, site development standards, where applicable:

A.

All permitted uses in the R-1. the estate zones, and agriculture zones.

B.

Enclosed temporary construction materials storage yards required in connection with the development of subdivisions, remodeling of existing structures, temporary subdivision sales offices and signs, and model home display areas, and similar activities as may be determined by the city planner in accordance with the regulations set forth in chapter 17.05, uses permitted subject to administrative approval.

D.

Swimming pools for either individual, family, or communal use on an exclusive noncommercial basis; provided, however, no swimming pool or accessory mechanical equipment shall be located in a required front yard, or less than five (5) feet from a property line, or within a utility easement and shall be enclosed by a fence six (6) feet in height.

E.

Accessory buildings and uses located on the same site as a permitted use.

F.

Quasi home occupation and home occupation permits in accordance with the regulations set forth in sections 17.50.160, home occupation permits, and 17.02.310, home occupations, of this title.

G.

Additions of less than one thousand (1,000) square feet in the R residential and C commercial districts, and one thousand five hundred (1,500) square feet in the M manufacturing districts.

H.

City, county, state and federal administrative offices, libraries, and police and fire stations.

I.

Other activities not listed in chapter 17.60, site development permits.

J.

Residential care facilities with seven (7) or more persons will be allowed with administrative approval.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 11), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)