Chapter 18.62 — ADMINISTRATIVE REVIEWS

The purpose of this chapter is to provide a process for the administrative review of certain applications to ensure they meet the intent of the General Plan and this title, but do not require review by the Planning Commission. (Ord. 5920 1 (part); June 8, 2004: Ord. 6206 § 1; April 12, 2011.)

An administrative approval is required for the following activities:

.010 Administrative adjustments - see Section 18.62.040;

.020 Special event permits - see Section 18.38.240;

.030 Telecommunications antenna review permits - see Section 18.62.070;

.040 Wayfinding sign program sign permits - see Section 18.62.080;

.050 Request for reasonable accommodation - see Section 18.62.090;

.060 Exterior Alterations to properties under a Mills Act Contract - see Section 18.62.100;

.065 Urban Lot Split - see Section 18.62.110; and

.070 Determinations pursuant to Public Resources Code Section 21151.2 and California Government Code Section 65402 (General Plan Conformity). (Ord. 5920 1 (part); June 8, 2004: Ord. 6031 § 52; August 22, 2006: Ord. 6156 § 35; September 22, 2009: Ord. 6206 § 2; April 12, 2011: Ord. 6461 § 24; April 16, 2019: Ord. 6506 § 53; February 9, 2021: Ord. 6524 § 15; January 25, 2022.)

Planning and Building Director. The Planning and Building Director is the approval authority for the following requests: .010 Administrative adjustments - see Section 18.62.040;

.020 Special event permits - see Section 18.38.240;

.030 Telecommunications antenna review permits - see Section 18.62.070;

.040 Wayfinding sign program sign permits - see Section 18.62.080;

.050 Request for reasonable accommodation - see Section 18.62.090;

.060 Exterior Alterations to properties under a Mills Act Contract - see Section 18.62.100;

.065 Urban Lot Split - see Section 18.62.110; and

.070 Determinations pursuant to Public Resources Code Section 21151.2 and California Government Code Section 65402 (General Plan Conformity). (Ord. 5920 1 (part); June 8, 2004: Ord. 6031 § 53; August 22, 2006; Ord. 6156 § 36; September 22, 2009: Ord. 6169 § 6; April 27, 2010: Ord. 6206 § 3; April 12, 2011: Ord. 6461 § 25; April 16, 2019: Ord. 6506 § 54; February 9, 2021: Ord. 6524 § 16; January 25, 2022.)

.010 Review Authority. Administrative adjustments are waivers of certain development standards as specified herein. The Planning Director, subject to the limitations of this section, may grant administrative adjustments, provided, however, that not more than two (2) such adjustments shall be approved for any individual project. If more than two (2) adjustments are requested for any individual project, such request shall be processed by the Planning Commission as a variance in accordance with the procedures in Chapter 18.74 (Variances). For properties with uses or structures made nonconforming by a public acquisition in accordance with Section 18.56.130 (Uses and Structures made Nonconforming By Public Acquisition), the Planning Director may grant more than two (2) such adjustments without requiring a variance subject to the required findings in Section 18.62.040.050, provided that an application for such adjustments is filed with the Planning Department within a time period of ten (10) years from the date said property becomes nonconforming by a public acquisition. The Planning Director may refer any administrative adjustment application to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews).

.020 Types of Adjustments. Administrative adjustments may be approved or conditionally approved by the Planning Director in the following matters:

.0201 Dimensional requirements for front setbacks: up to twenty percent (20%). .0202 Parking requirements:

.01 A deviation of 20% or less from the requirements of section 18.42.040 (Non-Residential Parking Requirements) may be processed subject to either a parking justification letter or a shared parking permit pursuant to the provisions of Section 18.42.120 (Shared Parking Permits), as determined by the Planning and Building Director.

.02 A deviation of up to 50% for a hotel or motel within the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zone, the Anaheim Resort Specific Plan No. 92-1 (SP 92-2) Zone, Hotel Circle Specific Plan No. 93-1 (SP 93-1) and Arena and Transit Districts of the Platinum Triangle Mixed Use (PTMU) Overlay Zone that incorporates dedicated parking and loading for Transportation Network Company vehicles. .0203 Maximum wall and fence height increases to eight (8) feet within required side, rear, or interior setbacks in Single-Family Residential Zones subject to the required findings of Section 18.74.060.

.0204 All other dimensional or percentage limitations or requirements of this Title, except residential floor area: a maximum deviation of ten percent (10%).

.0205 Maximum height requirements for fences, walls, hedges and berms in any required structural setback or yard in any nonresidential zone separating any non-residential from an adjacent residential zone where the additional height is required to minimize negative impacts to the residential use.

.0206 Reconstruction of structures accessory to historic residences in conformance with subsection 18.56.040.060. .0207 Garage location and access requirements.

.0208 Maximum area of allowable wall signs subject to the limitations of Section 18.44.110.010 (Wall Signs and Other Types of Signs): a deviation of up to twenty percent (20%) may be approved by the Planning Director.

.0209 Maximum wall and fence height requirements for single-family homes with alley access on certain arterial highways to provide sound attenuation subject to the requirements of Section 18.46.110.060.0604.

.0210 Maximum wall and fence height in any required structural setback in any non-residential zones when abutting a public street and located at back of the landscape setback, may be increased up to six (6) feet in height subject to the findings of Section 18.62.040.050 below. .01 Walls and fences or portions thereof over three (3) feet in height shall be either tubular steel or wrought iron and shall be opaque from the public right-of-way, unless screening is required to block equipment, outdoor storage, or otherwise required. No chain link shall be utilized.

.030 Procedures. A letter requesting an adjustment shall be submitted to the Planning Department along with a site plan; and, any other information as deemed necessary by the Planning Director.

.040 Fees. Applications for an administrative adjustment shall be accompanied by the payment of a fee per Chapter 18.80 (Fees).

.050 Findings. The Planning Director shall make the following findings in order to approve an administrative adjustment: .0501 The adjustment is consistent with the purposes and intent of the Zoning Code;

.0502 The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; .0503 The adjustment will not produce a result that is out of character or detrimental to the neighborhood.

.0504 Prior to approving more than two adjustments for properties with uses or structures made nonconforming by public acquisition in accordance with Section 18.56.130 (Uses And Structures made Nonconforming By Public Acquisition), the Planning Director shall make the following additional findings:

.01 The adjustment is directly related to and further mitigates impacts caused by the public acquisition.

.02 The adjustment would bring the property closer to overall conformance with the purposes and intent of the Zoning Code.

.060 Conditions. The Planning Director may attach conditions necessary to protect the public health, welfare and safety. .070 Decision. The decision of the Planning Director on an administrative adjustment becomes final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures). (Ord. 5920 1 (part); June 8, 2004: Ord. 6031 § 54; August 22, 2006: Ord. 6101 § 57; April 22, 2008: Ord. 6156 § 37; September 22, 2009: Ord. 6209 § 2; May 3, 2011: Ord. 6245 §§ 87, 88; June 5, 2012: Ord. 6399 § 6; March 7, 2017: Ord. 6425 § 26; December 19, 2017: Ord. 6461 § 26; April 16, 2019: Ord. 6473 § 39; December 3, 2019: Ord. 6526 § 33; February 15, 2022: Ord. 6538 § 6; October 4, 2022: Ord. 6555 § 65; April 4, 2023: Ord. 6601 § 30; January 14, 2025: Ord. 6620 § 59; January 13, 2026.)

This section sets forth the procedures for processing an application for a telecommunications antenna review permit, when such a permit is required by Section 18.38.060 (Antennas – Telecommunications) of Chapter 18.38 (Supplemental Use Regulations).

.010 Application. An application, on a form approved by the Planning Director, for a telecommunications antenna review permit shall be filed with the Planning Department.

.020 Site Plan Review. If the Planning Director determines that additional information and review is needed, he or she may require a final plan review.

.030 Criteria. The criteria for approval of a telecommunications antenna review permit are set forth in Section 18.38.060 (Antennas – Telecommunications) of Chapter 18.38 (Supplemental Use Regulations).

.040 Issuance or Denial of Permit. If the Planning Director determines that all provisions of Section 18.38.060 (Antennas –

Telecommunications) of Chapter 18.38 (Supplemental Use Regulations) and the provisions of this section are, or will be, complied with, and all other necessary permits have been obtained, a permit shall be issued; otherwise, the application shall be denied.

.050 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).

.060 Decision. The decision of the Planning Director is final, unless appealed to the Planning Commission within ten (10) days after the date the decision is made. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 39; September 22, 2009.)

This section sets forth the procedures for processing an application for a Wayfinding Sign Program Permit, when such a permit is allowed pursuant Section 18.44.185 (Residential Wayfinding Signs) of Chapter 18.44 (Signs).

.010 Application. An application, on a form approved by the Planning Director, for a Wayfinding Sign Program Permit shall be filed with the Planning Department.

.020 Criteria. The criteria for approval of a wayfinding sign program permit are set forth in Section 18.44.185 (Residential Wayfinding Signs) of Chapter 18.44 (Signs).

.030 Issuance or Denial of Permit. If the Planning Director determines that all provisions of Section 18.44.185 (Residential Wayfinding Signs) of Chapter 18.44 (Signs) and the provisions of this section are, or will be, complied with, and that all other necessary permits have or will be obtained, a permit shall be issued; otherwise, the application shall be denied.

.040 Revocation of Permit. Any violation of the provisions set forth in Section 18.44.185 (Residential Wayfinding Signs) may be considered cause to revoke a permit issued under the provisions of this section.

.050 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).

.060 Decision. The decision of the Planning Director is final, unless appealed to the Planning Commission within ten (10) days after the date the decision is made. (Ord. 6137 § 5: April 14, 2009: Ord. 6169 § 7; April 27, 2010.)

This section sets forth the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Housing Act and the California Fair Employment and Housing Acts (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

.010 Applicability.

.0101 A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.

.0102 A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and

procedures regulating the siting, development or use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

.0103 A person with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. This section shall only apply to those persons who are defined as disabled under the Acts.

.020 Application.

.0201 An application for a request for reasonable accommodation shall be filed with the Planning Department, on a form approved by the Planning Director, and shall contain the following information:

• .01 Applicant’s name, address, and telephone number;

• .02 Address of the property for which the request is being made;

• .03 The current actual use of the property;

• .04 The basis for the claim that the individual is considered disabled under the Acts.

• .05 The zoning code provision, regulation or policy from which reasonable accommodation is being requested.

• .06 The length of time the reasonable accommodation is necessary.

• .07 Explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual.

.0202 Review with other land use applications.

.01 If the project for which the request for reasonable accommodation is made requires some other discretionary permit or approval, then the applicant shall submit the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedure of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

.02 Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

.030 Issuance or Denial of Permit. If the Planning Director determines that all provisions of this section are, or will be, complied with, and that all other necessary permits have or will be obtained, a permit shall be issued; otherwise, the application shall be denied. .040 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).

.050 Decision. The decision of the Planning Director is final, unless appealed to the Planning Commission within ten (10) days after the date the decision is made.

.060 Findings. A written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall consider all of the following factors:

.0601 That the housing, which is the subject of the request, will be used by a person with a disability as defined in subsection 18.62.090.010, above.

.0602 That the request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined in subsection 18.62.090.010, above.

.0603 That the requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

.0604 That the requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

.070 Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection .060 Findings. (Ord. 6206 § 6; April 12, 2011.)

.010 Review Authority. A Historical Property Preservation Agreement (“Mills Act Contract”) between the owner of a historical property and the City requires that the owner maintain the qualified historical property in exchange for an assessment of value pursuant to Article 1.9 of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code. The Planning and Building Director, subject to the limitations of this section, may approve an Exterior Alteration to a historical property under a Mills Act Contract. The Planning and Building Director may refer any application for an exterior alteration to a Mills Act Property to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews).

.020 Applicability. The owner of a historical property must preserve, maintain, and, where necessary, restore and rehabilitate the Historical Property and its “Character Defining Features” in accordance with (i) the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, (ii) the United States Secretary of the Interior’s Standards for Rehabilitation and (iii) the State Historical Building Code. “Character Defining Features” shall include, but not be limited to, the general architectural form, style, materials, design, scale, proportions, organization of windows, door and other openings, details, mass, roof line, and all other aspects of the appearance of the exterior of the Historical Property. An “Exterior Alteration” may include, but is not limited to, demolition of any portion of the Historical Property, exterior door or window replacement, major landscaping projects and all other similar exterior alterations of the Historical Property, regardless of whether a building permit is required for such exterior alteration.

.030 Procedures. An application on a form approved by the Planning and Building Director, for an exterior alteration to a historical property shall be filed with the Planning and Building Department.

.040 Fees. An application fee may be charged per Chapter 18.80 (Fees).

.050 Findings. The Review Authority must make the following findings prior to approving an exterior alteration to a historical property: .0501 The exterior alteration is consistent with the purpose and intent of the United States Secretary of the Interior’s Standards for Rehabilitation as outlined in the executed Mills Act Contract;

.0502 The proposed exterior alteration would not adversely affect any historic character-defining features;

.0503 The exterior alteration would be consistent with the architectural style of the property;

.0504 The approval of the proposed exterior alteration is consistent with the Citywide Historic Preservation Plan Design Guidelines for Historic Properties.

.060 Conditions. In granting an application for exterior alteration, the Reviewing Authority may impose conditions of approval deemed reasonable and necessary to ensure compliance with this Subsection.

.070 Decision. The decision of the Planning and Building Director is final, unless appealed to the Planning Commission, within ten (10) days after the date of the decision, in accordance with Chapter 18.60 (Procedures).

(Ord. 6461 § 27; April 16, 2019.)

This section sets forth the procedures for processing an application for an Urban Lot Split, when such a permit is required by Section 18.38.255 (Two-Unit Development and Urban Lot Split) of Chapter 18.38 (Supplemental Use Regulations).

.010 Application. An application, on a form approved by the Planning and Building Director, for an Urban Lot Split shall be filed with the Planning and Building Department.

.020 Site Plan Review. If the Planning and Building Director determines that additional information and review is needed, he or she may require a final plan review.

.030 Criteria. The criteria for approval of an Urban Lot Split are set forth in Section 18.38.255(Two-Unit Development and Urban Lot Split) of Chapter 18.38 (Supplemental Use Regulations).

.040 Issuance or Denial of Permit. If the Planning and Building Director determines that all provisions of this Section and Section 18.38.255 (Two-Unit Development and Urban Lot Split) of Chapter 18.38 (Supplemental Use Regulations) are, or will be, complied with, and all other necessary permits have been obtained, a permit shall be issued; otherwise, the application shall be denied following the issuance of written findings by the Planning and Building Director that the Urban Lot Split will result in a specific, adverse impact to the public health and safety or the physical environment and there is no feasible method to mitigate or avoid the specific, adverse impact. .0401 An Urban Lot Split shall not be approved on a lot located in an area of the City identified, by resolution of the City Council and by written finding of the Building Official, to be areas with insufficient sewer infrastructure where a Urban Lot Split will result in impacts to the public health and safety.

.050 Conditions of Approval. In granting a request for an Urban Lot Split, the reviewing authority may impose the following condition and any conditions of approval deemed reasonable and necessary to ensure compliance with this Subsection: .060 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).

.070 Decision. The decision of the Planning and Building Director is final. (Ord. 6524 § 17; January 25, 2022.)

This section sets forth the procedures for processing an application for an Administrative Housing Permit, when such permit is required by Section 18.38.215 (Residential Uses of Motels, Commercial and Office Structures) of Chapter 18.38 (Supplemental Use Regulations). .010 Application. An application, on a form approved by the Planning and Building Director, for an Administrative Housing Permit shall be filed with the Planning and Building Department.

.020 Site Plan Review. If the Planning and Building Director determines that additional information and review is needed, he or she may require a Final Plan Review (Chapter 18.70).

.030 Issuance or Denial of Permit. If the Planning and Building Director determines that all provisions of this section are, or will be, complied with, and all other necessary permits have been obtained, a permit shall be issued; otherwise, the application shall be denied following the issuance of written findings by the Planning and Building Director that the Administrative Housing Permit will result in a specific, adverse impact to the public health and safety or the physical environment and there is no feasible method to mitigate or avoid the specific, adverse impact.

.040 Conditions of Approval. In granting a request for an Administrative Housing Permit, the reviewing authority may impose conditions of approval deemed reasonable and necessary to ensure compliance with this Subsection.

.050 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).

.060 Decision. The decision of the Planning and Building Director is final. (Ord. 6570 § 37; March 19, 2024.)

This section sets forth the procedures for processing an application for a Public Art and Mural Permit, when such a permit is required. .010 Application. An application, on a form approved by the Planning and Building Director, for a Public Art and Mural Permit shall be filed with the Planning and Building Department.

.020 Evaluation. Upon the filing of a complete application, review and approval of a Public Art and Mural Permit shall be as set forth in the Public Art Guidelines authorized pursuant to Chapter 17.37 (Public Art) unless the Public Art Guidelines do not provide a process in which case evaluation shall be as set forth for a minor conditional use permit pursuant to Chapter 18.66 of this Title. .030 Permit Fees. A fee may be charged per Chapter 18.80 (Fees). (Ord. 6580 § 12; June 11, 2024.)