§ 9-52.030. Administrative Actions

A.

Purpose. This Section allows for Administrative Actions which authorize the Director to approve minor requests that have historically resulted in no, or very minimal, impacts on adjacent structures and the surrounding neighborhood if implemented in compliance with the provisions, requirements, and standards of this Development Code.

B.

Applicability and findings. An application for an Administrative Action shall be required for the following, and subject to the criteria and findings specified herein:

1.

To allow the addition of a small outdoor recycle collection facility, when the Director finds:

a.

The facility is in conformance with the definition of a Collection Facility for Recyclable Materials (Small), per Section 9-80.020;

b.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

c.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

2.

To allow those uses that require a Conditional Use Permit, within existing spaces of 3,000 square feet of total gross floor area or less, when the Director finds:

a.

The use is situated entirely within a structure approved with a Planned Development Permit or Conditional Use Permit;

b.

For vehicle related uses, no vehicle access roll-up doors are facing the street or residential areas;

c.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

d.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

3.

To allow an addition or reduction to a building(s), allow the movement of a building footprint, and/or allow elevation, floor, site and/or landscape plan change(s), for an approved residential, commercial, or industrial development, when the Director finds:

a.

The change(s) or substitution(s) are consistent with the approved design theme of the project and City-adopted design guidelines;

b.

The change is within the existing buildable pad area of project site;

c.

The change does not exceed 25 percent of the project's gross square footage or landscaped area, and removal of up to ten (10) trees, per calendar year, whichever is greater;

d.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

e.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

4.

To allow the addition of an accessory structure(s), within an approved multi-family residential, commercial, or industrial development project, when the Director finds:

a.

The accessory structure is consistent with the design theme of the project and City-adopted design guidelines;

b.

The accessory structure is within the buildable area of existing project site;

c.

The accessory structure does not exceed 25 percent of the principal building's gross square footage, up to maximum of 2,500 square feet;

d.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

e.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

C.

Application requirements. An application for an Administrative Action shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. The Director may grant an Administrative Action, or may defer action and refer the application to the Commission.

E.

Project review, notice and hearing.

1.

Each Administrative Action application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

2.

Administrative Actions that do not substantially affect any property rights of others may be approved by the Director, without a public hearing. However, Appeals of Administrative Action decisions require a noticed public hearing.

3.

The Director shall conduct a public hearing, unless exempted by Subsection (E)(2), immediately above, on an application for an Administrative Action before the approval or disapproval of the permit.

4.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

F.

Decision. Following a public hearing (if applicable), the Director may approve, conditionally approve, or disapprove an application for an Administrative Action if the Director makes the applicable findings.

G.

Conditions of approval. In approving an Administrative Action, the Director may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection B (Applicability and Findings), above.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on an Administrative Action application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012 and § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017)