Desert Hot Springs City Zoning Code
CHAPTER 17
74 ADMINISTRATIVE USE PERMITS
§ 17.74.010 Purpose.
The purpose of this chapter is to provide a Director-level process for reviewing land uses that may be appropriate in the applicable zone but whose effects on a site and surrounding uses cannot be determined absent a discretionary review process. Certain types of land uses may require special conditions in a particular zone or physical location within the City because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.
Administrative Use Permit procedures are intended to provide sufficient flexibility in the use regulations to further the objectives of this title and to provide the City with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.
(Ord. 712 6-2-20; Ord. 782 6-20-23)
§ 17.74.020 Application.
An application for an Administrative Use Permit (AUP) shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees).
(Ord. 712 6-2-20; Ord. 782 6-20-23)
§ 17.74.030 Project review and action.
A.
Administrative Use Permit applications shall be analyzed and reviewed by the Director or designee for consistency with the intent and the purpose of this chapter, the provisions of this title, and the general plan. The Director or designee shall have the authority to approve, approve with conditions, or deny the application.
B.
No public notice and no public hearing shall be required for an Administrative Use Permit. Within 20 working days from the date an application is deemed complete, the Director shall issue a written determination as to the approval, conditional approval, or denial of the application. The written determination shall state the findings for the decision.
C.
An Administrative Use Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code. Notwithstanding, an Administrative Use Permit may be granted if the application for same includes remedying any and all municipal code violations.
(Ord. 712 6-2-20; Ord. 782 6-20-23)
§ 17.74.040 Conditions.
In approving an Administrative Use Permit, the Director or designee may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with this chapter, State law, and the findings required by Section 17.74.050 (Findings).
(Ord. 712 6-2-20; Ord. 782 6-20-23)
§ 17.74.050 Findings.
The Director or designee may approve and/or modify an Administrative Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:
A.
The proposed use is consistent with applicable goals and policies of the City’s General Plan.
B.
The proposed use is conditionally permitted within the subject zone and complies with all of the applicable provisions of this Title;
C.
The proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the surrounding area;
D.
The subject site is physically suitable for the type and intensity of land use being proposed;
E.
The proposed use would be compatible with existing and future land uses within the surrounding area in which the proposed use is to be located;
F.
The proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses;
G.
There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and
H.
There will be adequate provisions for public access to serve the subject use.
(Ord. 712 6-2-20; Ord. 782 6-20-23)
§ 17.74.060 Use of property before final decision.
In no instance shall a permit be issued for any use involved in an application for approval of an Administrative Use Permit until, and unless, the same shall have become final.
(Ord. 712 6-2-20; Ord. 782 6-20-23)
§ 17.74.070 Administrative Use Permit approval and expiration.
A.
Unless otherwise permitted by law, an Administrative Use Permit shall have a maximum term of 5 years from the date of approval.
B.
The initial term of the Administrative Use Permit shall be 2 years.
C.
An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The applicant may request 1 extension at a time for up to 1 year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of 3 years. Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.
D.
Administrative Use Permits which are not exercised by the commencement of construction within 2 years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of 1 year, the Administrative Use Permit shall become null and void, unless extended.
E.
If after issuance of a grading permit, work is discontinued for a period of 6 months, then the Administrative Use Permit shall become null and void, unless extended. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have 2 years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, or the Administrative Use Permit shall become null and void.
F.
The Administrative Use Permit shall become null and void if the project is not operational by the end of the 5th year from the date of approval of the Administrative Use Permit. In instances where the applicant has made substantial progress in meeting the requirements of the AUP defined as 90% of the project cost, the Director may grant an additional extension to complete the project. Such extension shall not be more than 1 year.
(Ord. 712 6-2-20; Ord. 726 10-6-20; Ord. 782 6-20-23)
§ 17.74.080 Modification of Administrative Use Permit.
§ 17.74.090 Revocation.
A.
The City may initiate proceedings to revoke or modify an Administrative Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter.
B.
An Administrative Use Permit may be revoked or modified if one or more of the following findings can be made:
1.
That circumstances have changed so that one or more of the findings contained in Section 17.74.050 can no longer be made;
2.
The Administrative Use Permit was obtained by misrepresentation or fraud;
3.
The use for which the Administrative Use Permit was granted had ceased or was suspended for six or more consecutive calendar months;
4.
One or more of the conditions of the Administrative Use Permit have not been met;
5.
The use or permit holder is in violation of any statute, ordinance, law, or regulation; and/or
6.
The use permitted by the Administrative Use Permit has subsequently been determined to be detrimental to the public health, safety, or welfare or constitutes a nuisance.
(Ord. 712 6-2-20; Ord. 782 6-20-23)
§ 17.74.100 Administrative Use Permit to run with the land.
Administrative Use Permits are granted pursuant to the provisions of this chapter and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application.
(Ord. 712 6-2-20; Ord. 782 6-20-23)