Chapter 17.18
ZONING ADMINISTRATOR DECISIONS
Sections:
17.18.010 Purpose and applicability.
17.18.020 Plan check/zoning clearance.
17.18.030 Official code interpretation.
17.18.040 Similar use determination.
17.18.050 Home occupation permit.
17.18.060 Temporary use permit.
17.18.080 Administrative use permit.
17.18.090 Minor design review.
17.18.100 Reasonable accommodation.
17.18.010 Purpose and applicability.
The purpose of this chapter is to establish procedures for land use permits and entitlements that are decided administratively by city staff or the zoning administrator. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.16, General Application Processing Procedures. Table 17.16-A—Approving Authority for Land Use Entitlements provides a summary of the permits and entitlements decided by the zoning administrator and indicates whether the decision may be appealed. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.18.020 Plan check/zoning clearance.
A. Purpose. The plan check/zoning clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this code, using administrative procedures and thorough but typically “over-the-counter” planning approvals for building permits, and other city applications that require approval from a different city department and can be processed by the planning department in a relatively short time period.
B. Applicability. Plan check/zoning clearance is required for the following actions:
1. All structures that require a building permit.
2. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval.
3. Other city applications that may be subject to the provisions of this title, including but not limited to encroachment and grading and improvement plans.
C. Review Process. Processed along with related city action, such as building permit application.
D. Findings. Plan check/zoning clearance shall be granted only when the zoning administrator finds the proposal to be in conformance with all applicable provisions of this title.
E. Compliance Requirements. The zoning administrator may impose requirements in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.18.030 Official code interpretation.
A. Purpose and Applicability. The zoning ordinance may require an official interpretation when it is not clear what provisions may apply. This includes when a specific use is not listed and it is unclear whether the use is permitted, permitted with a use permit, or not permitted.
B. Review Process.
1. An official code interpretation can be initiated by staff or the public using an application provided by the planning department.
2. The zoning administrator shall prepare an official code interpretation.
3. A notice of decision shall be provided according to the provision of Section 17.16.060, Notice of zoning administrator decisions.
4. Official code interpretation may be referred to the planning commission by the zoning administrator or may be appealed.
C. Findings. The zoning administrator shall make an official code interpretation allowing a use only after finding all of the following:
1. The characteristics of and activities associated with the proposed interpretation will not involve a higher level of activity, environmental impact, or population density than intended for the zoning district.
2. The interpretation is not otherwise inconsistent with the purposes of the applicable zoning district.
3. Any proposed use will be consistent with the general plan, any applicable specific plan, and the zoning ordinance.
D. Record of Interpretations. Interpretations shall be made in writing and shall contain the facts that support the interpretation. The planning department shall maintain all such interpretations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant, interested parties, and property owners within three hundred feet. The notice shall include:
1. A brief statement explaining the criteria and standards considered relevant to the decision.
2. A statement of the standards and facts relied upon in rendering the decision.
3. An explanation of appeal rights and appeal deadlines. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.18.040 Similar use determination.
A. Purpose. The land use table may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, the similar use determination allows the zoning administrator to determine whether or not a proposed use is similar to a listed use and whether it may be permitted in a particular zoning district.
B. Applicability. A similar use determination is required when a use is not specifically listed in this zoning code but may be permitted if it is determined to be similar in nature to a permitted or conditionally permitted use.
C. Approval Findings. The zoning administrator shall make a similar use determination after finding all of the following. If the zoning administrator does not make all of these findings, he/she shall not make the similar use determination.
1. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district.
2. The proposed use will be consistent with the purposes of the applicable zoning district.
3. The proposed use will be consistent with the general plan, any applicable specific plan, and the zoning code.
D. Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The planning department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant and interested parties. The notice shall include:
1. A brief statement explaining the criteria and standards considered relevant to the decision.
2. A statement of the standards and facts relied upon in rendering the decision.
3. An explanation of appeal rights and appeal deadlines.
E. Procedure. A notice of decision shall be provided according to Section 17.16.060, Notice of zoning administrator decisions. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.18.050 Home occupation permit.
A. Purpose. The requirement of a home occupation permit ensures that home occupations in residential neighborhoods are compatible with the surrounding neighborhood character. The zoning administrator is authorized to approve, impose reasonable conditions upon such approval, or deny home occupation permits.
B. Applicability. A home occupation permit shall be required for all home occupations.
C. Review Process.
1. Applications for a home occupation shall be submitted on forms provided by the planning department along with the applicable fee established by city council resolution.
2. Upon acceptance of a home occupation application, the zoning administrator or a designated representative shall review the request for compliance with development standards related to the proposed activities and render a decision within a five-day review period. The decision shall clearly state, in writing, any conditions of approval or reasons for denial.
3. Immediately following the effective date of an approved home occupation, the applicant shall obtain a city business license.
4. Relocation of a Home Occupation. If a home occupation relocates, a new permit and review shall be required for the new location.
D. Findings. A home occupation permit shall be granted only when the zoning administrator determines that the proposed home occupation complies with all of the following findings:
1. The proposed home occupation is consistent with the general plan, any applicable specific plan or planned community, and all applicable provisions of this title.
2. The proposed home occupation is consistent with the development standards for home occupations shown in this section.
3. The establishment, maintenance, or operation of the home occupation applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
4. All required county, regional, state, or federal permits have been obtained.
E. Compliance Requirements. The zoning administrator may impose requirements, and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.18.060 Temporary use permit.
A. Purpose. Temporary use permits provide a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.
B. Applicability. A temporary use permit shall be required prior to the establishment of those uses specified in Chapter 17.64, Temporary Uses. Temporary use permits will be reviewed for compliance with development standards related to those activities provided in Chapter 17.64, Temporary Uses, and as set forth below.
C. Review Process. An application for a temporary use permit shall be submitted on forms provided by the planning department along with the applicable fee established by city council.
D. Findings. A temporary use permit shall be granted when the zoning administrator determines that the use complies with the following findings:
1. The proposed temporary use is consistent with the general plan and any other applicable specific plan, and all applicable provisions of the city ordinance.
2. The establishment and operation of the temporary use will not, under the particular circumstances of the use (location, size, duration, operational characteristics, design), be detrimental to the health, safety or general welfare of persons or businesses residing or working in the vicinity of the activity, or in the city as a whole.
E. Compliance Requirements. The zoning administrator may impose requirements, conditions and/or require guarantees in order to ensure compliance with this title, and/or to prevent adverse or detrimental impact to the surrounding area. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.18.070 Minor adjustment.
A. Purpose. Adjustments may be needed to certain provisions to allow creative design solutions and to accommodate unique site conditions.
B. Applicability. A minor adjustment may be granted to modify certain requirements of this code, as listed in Table 17.18-A—Standards Subject to Minor Adjustment. Adjustments do not apply to land use and are not intended to waive a specific prohibition or procedural requirement. Additionally, a minor adjustment may be granted for exemptions from development standards for the repurposing or reuse of industrial warehouse and other large footprint buildings for alternative uses not envisioned when the structure was originally built.
|
Standard |
Maximum Reduction or Increase |
|---|---|
|
Fence height |
2-foot increase |
|
Parking or loading areas. A decrease in the required number and design of parking aisles and spaces. |
20% decrease2 |
|
Setbacks (reduction). A decrease in a required setback, but no closer to the property line than the average of the developed lots on the same block face, and so that no projection into a public utility easement is allowed. |
2-foot decrease or 20%1, whichever is less |
|
Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area, but no closer to any property line than allowed by the building code. |
20% additional |
|
Maximum lot coverage |
10% increase |
|
Maximum height |
20% increase |
|
Lot dimensions |
25% decrease |
|
1. Setbacks are limited to a maximum of 4'-0'' 2. See Section 17.54.050. |
|
C. Review Process. An application for a minor adjustment shall be filed with the planning department in a manner prescribed by the zoning administrator with the required fee, including any CEQA determinations, as established by city council resolution.
D. Public Notice. The zoning administrator shall upon making a determination provide notice to adjacent property owners according to Section 17.16.060, Notice of zoning administrator decisions.
E. Findings. The zoning administrator shall approve or approve with conditions an application for an exception after finding all of the following. If the zoning administrator does not make all of these findings, he/she shall deny the minor adjustment.
1. The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.
2. The proposed development is compatible with existing and proposed land uses in the surrounding area.
3. Any exceptions to or deviations from the density, requirements, or design standards result in the creation of project amenities that would not be available through strict adherence to code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas). All minor adjustments shall be consistent with density bonus provisions outlined in Section 17.60.020, Density bonus and other incentives.
4. Granting the minor adjustment will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
5. The minor adjustment is consistent with the general plan or any applicable specific plan or development agreement.
6. The exception is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights.
F. Conditions. In approving a minor adjustment, the zoning administrator may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.18.080 Administrative use permit.
A. Purpose. An administrative use permit provides a process for zoning administrator review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of specific development proposal for the specific site. It is anticipated that uses qualifying for an administrative use permit are minor in nature, only have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility.
B. Applicability. This section applies to land use requiring an administrative use review as designated with an “A” on the allowed use tables.
C. Review Process.
1. The zoning administrator is the approving authority for administrative use permits. However, the zoning administrator may also refer an administrative use permit to the planning commission for review and approval.
2. Notice of the determination shall be made in accordance with Section 17.16.060, Notice of zoning administrator decisions.
3. Zoning administrator determination shall be based on standards and criteria set forth within this title and shall be accompanied by brief, written findings and a determination.
D. Findings. The zoning administrator shall approve, or approve with conditions, an application for an administrative use review after making all of these findings. If the zoning administrator does not make all of these findings, he/she shall deny the administrative use permit.
1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning ordinance, municipal code, general plan, and any applicable specific plans or city regulations/standards.
2. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards.
3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.
E. Conditions. In approving an administrative use permit, the zoning administrator may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.18.090 Minor design review.
A. Purpose and Applicability. This section establishes a minor design review process for less significant projects as an alternative to the major design review process (Section 17.20.030), for the following projects:
1. Selected Residential Development. Design review for the following residential development shall be conducted by the zoning administrator unless a conditional use permit or other approval is otherwise required by the planning commission:
a. New single-family and two-family residences and additions of one hundred twenty-one square feet or more.
b. Multiple-family residences with four or fewer units.
2. Commercial Development. Minor design review, using the commercial design guidelines, shall be required for commercial development in all zoning districts.
3. Industrial Development. Minor design review, using the industrial design guidelines, shall be required for industrial development in all zoning districts.
4. Signs. Minor design review is required for non-exempt signs identified in Chapter 18.04, Regulatory Sign Ordinance. Signs that involve public policy issues may be referred to the planning commission.
5. Walls and Fences. Minor design review is required for nonexempt walls and fences required by Chapter 17.45, Fences, Walls, Gates, and Screening, in a commercial, industrial, or multifamily development.
B. Review Process and Approving Authority. The zoning administrator is the approving authority for minor design review. However, the zoning administrator may also refer a minor design review to the planning commission for review and approval.
1. Notice of the determination shall be made in accordance with Section 17.16.060, Notice of zoning administrator decisions.
2. Zoning administrator determination shall be based on standards and criteria set forth within this title and shall be accompanied by brief, written findings and a determination.
C. Review Criteria. The zoning administrator shall ensure that the proposed development meets the following requirements:
1. Design Guidelines. The proposal is consistent with applicable design guidelines.
2. Community Plans. The proposal is consistent with any community design plan or specific plan.
3. General Plan. The proposal is consistent with the land use, physical design, and economic development element and the open space element of the general plan.
4. Location and Design. The location and design of proposed development gives particular consideration to privacy, views, and sunlight on adjoining properties and fosters the orderly and harmonious development and preservation of the public health and welfare of the city and its neighborhoods.
5. Design and Colors. The architectural design of structures and their colors and materials are visually harmonious with surrounding development, landforms, and vegetation.
D. Findings. The zoning administrator shall make the following findings before approving a minor design review application:
1. The proposed project is consistent with the general plan.
2 The proposed use is in accord with the objective of the zoning ordinance and the purposes of the district in which the site is located.
3. The proposed use is in compliance with each of the applicable provisions of the zoning ordinance, general plan, and/or applicable specific plan.
4. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
E. Conditions. In approving a minor design review, the zoning administrator may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.18.100 Reasonable accommodation.
A. Purpose and Intent. In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the city’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The intent is to alleviate the need for a variance request for a reasonable accommodation as described herein.
B. Permit Application.
1. Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.
2. Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the zoning administrator. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.
3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.
4. Required Submittals. In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following:
a. Documentation that the applicant is:
i. An individual with a disability.
ii. Applying on behalf of one or more individuals with a disability.
iii. A developer or provider of housing for one or more individuals with a disability.
b. The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant.
c. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.
d. Any other information that the zoning administrator reasonably concludes is necessary to determine whether a reasonable accommodation is necessary, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.
C. Review Procedure. The zoning administrator is the designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed.
D. Required Findings. The written decision to approve a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:
1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws.
2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
3. The requested accommodation will not impose an undue financial or administrative burden on the city as “undue financial or administrative burden” is defined in fair housing laws and interpretive case law.
4. The requested accommodation will not result in a fundamental alteration in the nature of the city’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.
5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.
E. Conditions. The zoning administrator is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the administrator may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare.
F. Alternative Reasonable Accommodations. The decision-maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.
G. Balancing Rights and Requirements. The city will attempt to balance (1) the privacy rights and reasonable request of an applicant for confidentiality with (2) the land use requirements for notice and public hearing, factual findings and rights to appeal in the city’s requests for information, consideration of application, preparing written findings and maintaining records for a request for reasonable accommodation.
H. Consideration Factors. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.
2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.
3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.
4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
I. Consideration Factors—Fundamental Alteration to Zoning Program. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city’s zoning program:
1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.
2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.
3. Whether the requested accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan.
4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
J. Rules While Decision Is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
K. Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the city council on such appeal, pursuant to the provisions of this section.
L. Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within one year from the effective date of approval or at an alternative time specified as a condition of approval unless:
1. A building permit has been issued and construction has commenced.
2. A certificate of occupancy has been issued.
3. Occupancy of dwelling has occurred.
4. A time extension has been granted.
M. Time Extension. The zoning administrator may approve a single one-year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the zoning administrator no less than thirty days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.
N. Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this title may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.
O. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the zoning administrator determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the zoning code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The zoning administrator may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.
P. Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in Section 17.16.120, Revocation.
Q. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval, shall be treated as a new application. The zoning administrator may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)