A.   The purpose of this chapter is to create an administrative use permit process for those land use situations where there is a need to exercise limited discretion under certain designated types of circumstances. The purpose of an administrative use permit is to allow the Development Services Director to exercise this limited discretion and control in those land use situations where the type of permitted use generally has less potential impact with the surrounding neighborhood than are those uses for which a conditional use permit is required.

   B.   The Development Services Director, or his or her designee, as hereinafter provided, may grant an administrative use permit on terms and conditions that are harmonious with the general intent and purposes of this chapter so long as it is shown that the granting of such permit will be consistent with the purposes of this chapter and the General Plan and will serve the public health, convenience, safety and welfare. (Ord. 2861, 2018)

   A.   Uses listed in the City's zones as uses permitted subject to an administrative use permit may be permitted in such zones pursuant to the provisions of this chapter. (Ord. 2861, 2018)

Applications for an administrative use permit shall be made as follows:

   A.   On forms prescribed by the Director;

   B.   Signed by the owner of the property, or his or her authorized agent;

   C.   Filed with the Director; and

   D.   Submitted with a site plan. (Ord. 2861, 2018)

   A.   Except as otherwise specified in this Code, in granting an administrative use permit, the Director shall find that:

      1.   The use applied for at the location set forth in the application is one for which an administrative use permit is authorized by this Code;

      2.   The use is not detrimental to adjacent uses or to uses specifically permitted in the zone in which the proposed use is to be located;

      3.   The use will be compatible with other uses in the general area in which the use is proposed to be located;

      4.   The site for the proposed use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls, fences, landscaping and other features required to adjust the use to the existing or future use as is permitted in the neighborhood;

      5.   The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use; and

      6.   The conditions imposed are necessary to protect the public health, safety, convenience and welfare. (Ord. 2861, 2018)

Except as otherwise provided in this Code, the Director may impose the same conditions on an administrative use permit as are allowed to be imposed on a conditional use permit pursuant to chapter 18.192 of this title. Any conditions imposed shall be necessary to protect the public health, convenience, safety, and welfare. (Ord. 2861, 2018)

   A.   Director To Investigate: Upon the submission of a complete application for an administrative use permit, the Director shall investigate and hold a public hearing on the application within sixty (60) days of such submission. The public hearing may be continued from time to time in the discretion of the Director.

   B.   Notice Of Application: Within fourteen (14) days of the application being deemed complete, notice of the proposal and project description shall be mailed to all property owners within three hundred feet (300') of the property for which the administrative use permit is being sought, mailed to all other parties who request notice and provided to all Planning Commission members. The notice shall also set a date and time for the Director's public hearing on the application at which all interested persons may appear and provide testimony related to the application.

   C.   Decision And Notice: At the conclusion of the hearing, the Director shall render a decision in writing to approve, approve with conditions, or disapprove the application. Notice of the Director's decision and appeal period shall be mailed to the applicant, to all property owners within three hundred feet (300') of the property for which the administrative use permit is being sought, mailed to all other parties who request notice, and provided to all Planning Commission members.

   D.   Staff Referral: Within fourteen (14) days of the application being deemed complete, the Director may refer the administrative use permit application to the Planning Commission for a decision. (Ord. 2861, 2018)

   A.   Within ten (10) calendar days of the Development Services Director's decision on an application, any person may appeal the Director's decision to the Planning Commission. Appeals by applicants or the public shall be made on forms provided by the City, and upon payment of the fees established by resolution of the City Council. The Planning Commission shall forthwith hold a public hearing after the hearing is noticed as set forth in section 18.192.040 of this title. After such public hearing, the Planning Commission shall either approve, modify, or disapprove the decision or determination of the Development Services Director based upon applicable provisions of this chapter.

   B.   Within ten (10) calendar days of the Planning Commission's decision, any person may appeal the decision to the City Council. The appeal shall be made on forms provided by the City, and upon payment of the fees established by resolution of the City Council. The City Council shall hold a public hearing after the hearing is noticed as set forth in section 18.192.040 of this title. After such public hearing, the City Council shall either approve, modify, or disapprove the decision of the Planning Commission based upon applicable provisions of this chapter. (Ord. 2861, 2018)

   A.   An administrative use permit shall expire one year from the date of its approval unless the holder of the permit obtains a building permit or, in those instances where no building permit is required, a certificate of occupancy for the use, within such one year period. The Development Services Director may, upon submittal of a written application for a time extension by the holder of the permit and prior to the expiration of the administrative use permit, grant an extension of time for a period not to exceed one year; provided, however, that only one extension may be granted.

   B.   Failure to develop the use within the time limits of this section shall amount to the forfeiture and nullity of all development entitlement under the administrative use permit. (Ord. 2861, 2018)

   A.   Termination: An administrative use permit shall terminate when any one or more of the following occurs:

      1.   The permit is not used within the time specified in the administrative use permit, or if no date is specified, within one year from the granting of the permit;

      2.   The use for which the permit has been acquired has been abandoned for six (6) consecutive months or the owner of the property files a declaration with the Director that the permit has been abandoned or discontinued; or

      3.   The permit has expired or been revoked.

   B.   Revocation: The Director may, after twenty (20) days' notice by mail to the permit holder, revoke an administrative use permit on any one or more of the following grounds:

      1.   The administrative use permit was obtained by fraud;

      2.   The property subject to the administrative use permit has been utilized contrary to the terms and conditions of approval, or in violation of any statute, ordinance, law or regulation not otherwise allowed pursuant to the administrative use permit; or

      3.   The property subject to the administrative use permit is being or has been exercised in a manner which is detrimental to the public health, safety and welfare, or so as to constitute a public nuisance.

The decision of the Director to revoke an administrative use permit can be appealed pursuant to the procedures contained in this chapter. (Ord. 2861, 2018)

It is unlawful for any person to develop, use, or maintain any premises without an administrative use permit if such a permit is required for the use or development. It is unlawful for any person to develop, use, or maintain any premises contrary to the requirements or conditions of any existing administrative use permit, and may be cause for permit revocation. (Ord. 2861, 2018)