Bellflower City Zoning Code
CHAPTER 17
98 ADMINISTRATIVE USE PERMITS
§ 17.98.010 Intent.
The purpose of this Chapter is to provide for conditional approval of certain types of land use which require specialized consideration prior to their being permitted in a particular district. The reason for requiring such special consideration involving, among other things, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to their operation, and the effect which such uses may have on adjoining land uses and on the growth and development of the community as a whole. This Chapter, therefore, provides that certain uses may be permitted in any district unless expressly prohibited, subject to the securing of an Administrative Use Permit. The Director of Planning or Planning Commission, therefore, upon application being made to it in accordance with the provisions set forth in this Chapter may grant an Administrative Use Permit for any use requiring such a permit whenever it is found necessary or desirable for the development of the community, in harmony with the various elements or objectives of the General Plan, and not detrimental to the existing uses or the uses specifically permitted in the district in which the proposed use is to be located. In granting any such Administrative Use Permit, the Director or Commission may impose such conditions which shall be set forth in the permit as it may determine to be necessary in order to safeguard and to protect the public health, safety, and general welfare and to ensure the development of the use as permitted being completed in accordance with such plans as the Commission may approve.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
§ 17.98.020 Issuance of Administrative Use Permits.
Whenever in any zoning district certain uses are listed as permissible subject to the issuance of an Administrative Use Permit, such permit can be issued provided the conditions precedent as set forth in this Chapter are satisfied and complied with.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
§ 17.98.030 Filing of Application.
A.
Written application for the approval of the uses referred to in this chapter shall be filed with the City with accompanying plans, supporting information, and an application fee as established by the City Council.
B.
Within 30 days after submittal of the application, the Director of Planning, or his/her designee, shall determine if the application is complete.
(Ord. 1252 § 8, 10/14/13)
§ 17.98.040 Necessary Conditions Precedent to the Granting of an Administrative Use Permit.
Before granting approval of an Administrative Use Permit, the Director of Planning shall be satisfied that all the following conditions are met:
A.
The use applied for at the location set forth in the application is properly one for which an Administrative Use Permit is authorized by this title.
B.
That use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the district in which the proposed use is to be located.
C.
The site for the intended use is adequate in size and shape to accommodate said use, and for all the yards, setbacks, walls or fences, landscaping, and other features that may be required in order to adjust said use to those existing or possible future uses of land in the neighborhood.
D.
The site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
§ 17.98.050 Findings and Determinations of Director of Planning.
A.
Not more than 10 days following completion of the Director's decision, he or she shall announce his or her findings by formal written communication, which recites, among other things, the facts and reasons, which, in the opinion of the Director, make the granting or denial of the Administrative Use Permit necessary to carry out the provisions of this Chapter and the general purpose of this title; and if such decision grants an Administrative Use Permit, then it shall also recite such conditions and limitations as may be imposed to serve the purpose of this Chapter and forthwith transmit a copy of its action to the applicant.
B.
The action of the Director on any such Administrative Use Permit shall be final and effective 10 days following delivery of the written announcement to the applicant of the Director's action thereon; provided, however, that if:
1.
Within such 10 day period an appeal to the Planning Commission in writing is filed with the appeal fee as established by the City Council in the manner prescribed in Chapter 17.112 of this title, the filing of the appeal within such time limit shall serve to hold in abeyance of the effective date of the Administrative Use Permit granted by the action of the Director until such time as the Planning Commission, in the manner prescribed in Chapter 17.112 of this title, shall have held a de novo public hearing on such appeal. The decision of the Planning Commission on such appeal shall be final and conclusive, absent an appeal to the City Council pursuant to Section 17.112.020.
2.
Such Administrative Use Permit action, absent an appeal, is part of a proposal for which other discretionary approval from the Planning Commission is required pursuant to State law or this Code (e.g., General Plan amendment, zone change, zone overlay, zoning ordinance text amendment, planned development), the decision of the Director shall be advisory only. The decision of the Planning Commission on such Administrative Use Permit shall be final and conclusive.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
§ 17.98.060 Expiration of Administrative Use Permits.
Every Administrative Use Permit issued pursuant to this Chapter shall terminate and become void unless:
A.
The uses authorized by such permit shall be commenced: (1) by construction necessary and incident thereto on or before the time limit specified in such permit, and, thereafter, diligently advanced; or (2) if no time is specified, then on or before one year after the date such permit was approved. In all cases, the Director, for good cause shown before the expiration of such time limit, may extend such time limit once for a period of up to one year.
B.
All uses shall be continuously operated for the use permitted. If said use ceases to exist for 180 days or more, then it shall be deemed expired and void.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
§ 17.98.070 Termination of Administrative Use Permits.
Any Administrative Use Permits may be revoked or modified by the approving authority (Director of Planning or Planning Commission) after a public hearing on any one or more of the following grounds:
A.
The approval was obtained by fraud;
B.
The permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or
C.
The use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.
(Ord. 1252 § 8, 10/14/13; Ord. 1417 § 10, 8/8/22)
§ 17.98.080 Conditions.
A.
The Director of Planning or Planning Commission may establish reasonable conditions granting any permit which the Director or Planning Commission finds and determines are necessary to assure the intent and purpose of this title. In granting a permit under this Chapter, the Director or Planning Commission shall designate such lawful conditions in connection therewith which the Director or Planning Commission shall find and determine are necessary to secure substantial protection for the public health, safety, comfort, convenience, and general welfare. Such conditions may include, but are not limited to, any or all of the following:
B.
Any use permitted under this Chapter shall be established and conducted in conformity with the terms of the conditions designated in connection therewith. The City may require the applicant post with the City a satisfactory deposit, letter of credit, or other monetary guarantee, as approved by the City Attorney, as to any conditions imposed in an amount equal to the estimated cost plus 10%.
(Ord. 1252 § 8, 10/14/13)