This chapter is intended to provide flexibility to allow minor
adjustments from certain development standards in those cases where
the strict application of a standard may not be appropriate.
(Prior code § 16-505.010)
The Director is the Review Authority for administrative exception, subject to appeal in compliance with Chapter 16.100 (Appeals). The Director may grant the adjustment or may defer action and refer the application to the Commission.
(Prior code § 16-505.020)
A.
Adjustment. The Director may grant an adjustment from the
requirements of this Development Code for the following development
standards:
|
TABLE 5-1
ALLOWABLE ADMINISTRATIVE EXCEPTIONS
| |
|---|---|
|
Types of Administrative Exceptions Allowed
|
Maximum Adjustment
|
|
Allowed Projections. An increase in the allowed
projection of canopies, cornices, eaves, fireplaces, landings, masonry
chimneys, overhangs, raised porches, stairways and steps in a required
setback/yard area, subject to building and fire codes.
|
20 percent
|
|
Density. An increase or decrease in the allowed
density.
|
10 percent
|
|
Distances Between Structures. A decrease in the
allowed distances between detached accessory structures and main structures.
|
20 percent
|
|
Fence or Wall Height/Setbacks. An increase in the
maximum allowed height or the minimum required setback of a fence
or wall, subject to City-approved structural design standards.
|
20 percent
|
|
Garages. A decrease in the required size of a garage.
|
10 percent
|
|
Off-Street Parking. A decrease in the number of
required parking spaces and number of required trees.
|
20 percent
|
|
Setback Area. A decrease in the required setback
area for structures, landscaping, swimming pools/spas, and equipment.
|
20 percent
|
|
Site Coverage. An increase in the maximum site
coverage.
|
10 percent
|
|
Structure Height. An increase in the maximum structure
height.
|
10 percent
|
|
Other Standards. The Director shall also be allowed
to vary other standards including minor operational/performance standards
relating to dust, hours of operation, landscaping/parking, light,
noise, etc.
|
20 percent
|
(Prior code § 16-505.030; Ord. 023-07 C.S. § 107)
A.
Filing. An application for an administrative exception shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment). Review of the application may include referral to City staff and specialists and on-site inspection of the subject parcel, if necessary.
C.
Director's Action. Following review of the application, the
Director shall:
1.
Environmental Determination. Make an environmental determination in compliance with Section 16.88.040 (Environmental determination); and
2.
Application. Take one of the following actions on the
application:
a.
Decision. Approve, approve with conditions, or deny the application in compliance with Section 16.88.050(A) (Review without notice procedure).
b.
Defer. Defer action and refer the application to the
Commission for final decision.
D.
Noticing Not Required. A public notice or hearing shall not be required for the Director's action on an administrative exception. If the Director refers the application to the Commission or the decision of the Director is appealed, notice of the Commission's hearing shall be given in compliance with Section 16.88.030 (Public hearing notices).
(Prior code § 16-505.040)
The Review Authority shall provide the findings of fact on which
the decision is based in writing. It is the responsibility of the
applicant to establish evidence in support of the required findings.
The Review Authority may approve the administrative exception, with
or without conditions, only if all of the following findings of fact
can be made.
A.
The
granting of the exception will result in design improvements, or enable
the site to be utilized in such a way as to not create a hardship
in meeting a specific standard;
B.
The
subject site would be physically suitable for the proposed administrative
exception;
C.
The
granting of the exception, with conditions that are imposed, will
not be detrimental to the public convenience, health, interest, safety,
or general welfare of the City or injurious to the property or improvements
in the zone or neighborhood in which the property is located;
D.
The
granting of the exception will be consistent with the general land
uses, objectives, policies, and programs of the General Plan, any
applicable specific plan, precise road plan, or master development
plan, and the intent of this Development Code; and
E.
The
granting of the exception will be in compliance with the provisions
of the California Environmental Quality Act (CEQA) and the City's
CEQA Guidelines.
(Prior code § 16-505.050)
The Director shall provide written notice of the decision of
the administrative exception application to the applicant and interested
parties within 10 days following the final date of the decision.
(Prior code § 16-505.060)
In approving an administrative exception, the requirements of this Development Code are considered a minimum and the applicable Review Authority may impose specific development conditions relating to both on- and off-site improvement, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.112.050 (Findings and decision), above, and to carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-505.070)
Unless otherwise stated below, the requirements for the use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; effective date and review of the project following approval of an administrative exception shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of an administrative exception:
B.
Changes to an Administrative Exception. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
(Prior code § 16-505.080)
