Administrative Use Permit (AUP)
When Is an Administrative Use Permit (AUP) Required?
An AUP is required before certain uses may be established in the City. The list of uses that require a use permit varies by zoning district. Check with the Planning Division or refer to the zoning district regulations in the Zoning Ordinance to determine if your project requires approval of an AUP.
What Is Its Purpose?
The purpose of an AUP is to ensure that certain uses, as specified in the various zoning districts, are permitted where there is a community need, and that the uses occur in maximum harmony with the area and in accordance with city policies and regulations. Conditions, which are attached to use permits, are intended to ensure harmony, and may include such things as limits on hours of operation or visual improvements.
What Does It Cost?
The initial application fee for an AUP is a $2,000 deposit to be used for cost of staff review time and materials. If the cost to process the permit exceeds this deposit, the applicant or owner must cover the cost. If the cost ends up being less than the deposit, the difference is refunded.
What Are the Steps?
- Make an appointment with a Planner at the Permit Center by calling 510.583.4005. A Planner will run through what specific things you need to submit for your application.
- Submit a completed application form, filing fee and required materials for review to the Planning Division.
- A Planner will review your application to ensure that it contains sufficient information to process. Copies of your proposal will also be referred to other affected departments, other agencies and to property owners and occupants in the area for comment. Upon receipt of their responses, the project planner may contact you to obtain additional information.
- When all additional information requested has been received and your application is deemed complete, a decision may be issued on the application by the Planning Director or a hearing scheduled before the Planning Commission.
How Long Does the Process Take?
Once the application is complete with all requested information submitted, the process takes approximately eight to twelve weeks. Proposals requiring special environmental studies may require additional time. Estimated processing time does not include time needed by the applicant to revise and resubmit plans and studies.
What Is Involved in an Administrative Approval?
Approval of an application by the Planning Director is final unless appealed. Notice of the Planning Director's decision is circulated to persons owning and occupying property within 300 feet of the boundaries of the project and to interested parties. If not appealed, the applicant may apply for a building permit pursuant to complying with the conditions of approval.
What Is Involved in a Public Hearing?
Between ten and twenty days before a public hearing of an application, the applicant and all property owners and occupants within 300 feet of the boundaries of the project will be notified when the hearing will take place. The mailing list uses addresses shown on the latest assessor's records. At the hearing, the Planning Commission will consider the report and evaluate testimony from the applicant and the public. After the public hearing portion of the meeting is concluded, the Planning Commission may conditionally approve the project, deny it, hold the matter over for redesign (with the applicant's consent) or refer the matter to the City Council.
Can a Decision Be Appealed?
An applicant or anyone else who may be impacted by the decision of the Planning Commission may appeal the decision to the City Council. To appeal, a written statement explaining one’s objections must be filed with the Planning Division within ten days after the decision has been made along with payment of the applicable appeal fee.