Division 3 — ADMINISTRATIVE COMMITTEE

The administrative committee is hereby established to assist the community development director, planning commission and city council to better expedite certain administrative reviews as established by the council and this chapter. It is also established to function as a board of zoning adjustment in matters regarding administrative variances.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Voting members. The voting members of the administrative committee shall be comprised of the following: city manager, community development director, public works director, police chief, fire chief and assistant community development director, or their authorized representatives. Any three (3) such members may act as a quorum for the purpose of conducting business.

(b)

Nonvoting member. The nonvoting member of the administrative committee shall be the chairman of the planning commission or other designated member of the planning commission.

(c)

Term of office. The term of office of all members of the administrative committee shall coincide with and be concurrent with the time or period that they respectively hold their official positions with the city.

(d)

Secretary. The community development director shall serve as the official secretary of the committee. The records of all proceedings and the basis for all findings shall be available to the planning commission, city council and the public.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Nonconforming buildings. The administrative committee shall make a decision on applications for reconstruction or remodeling of nonconforming buildings upon the findings that said reconstruction or remodeling will bring such buildings and subsequent use into greater conformity with the regulations of the zone, as set forth in section 29-234.

(b)

Access ways to highways. The administrative committee shall review and make a decision on applications for all access ways to highways according to standards set forth in section 29-137, vehicular access.

(c)

Administrative variance. The administrative committee, without public hearing, may consider and render decisions on minor modifications to the provisions of this chapter. Such administrative variances and minor modifications shall be limited to the following, and may not be granted to permit any use or modify any standard for which a conditional use permit or a zone change is required by this chapter:

(1)

Reduction of lot area or lot dimensions, by not more than ten (10) percent of that required in the zone for not more than one (1) lot or dwelling unit in a proposed development.

(2)

Reduction of yards and distance between buildings by not more than twenty (20) percent of the requirement of the zone for not more than one (1) lot or dwelling unit in a proposed development.

(3)

Reduction of the number of required parking spaces by not more than fifteen (15) percent, or reduction of width of required parking spaces by not more than six (6) inches, and modifications of other parking design standards, including vehicular access standards, by not more than twenty (20) percent.

(4)

Modification of wall, fence or landscaping height, not to exceed twenty (20) percent, where topography justifies such modification.

(5)

Deletion of laundry room requirement of the residential zones, where such laundry facilities exist in convenient proximity.

(6)

Increase in the maximum building height requirement by not more than ten (10) percent of that allowed by this chapter.

(7)

Increase in the maximum sign height requirement by not more than ten (10) percent of that allowed by chapter 22.1 of the City Code.

(d)

Temporary subdivision signs. The administrative committee shall review and approve temporary subdivision sign permits and the fixing and extension of the time limit therefore.

(e)

Reasonable accommodations. The administrative committee shall, in compliance with the Federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA), provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities by evaluating requests for reasonable accommodations related to specific applications of the zoning law in order to assure that no person is discriminated against because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry by being denied an equal opportunity to use and enjoy a dwelling and to authorize the application of exceptions to the zoning law if warranted.

A request for reasonable accommodations may include a modification or exception to the rules, standards and practices for the siting, development and 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.

The reasonable accommodation process outlined in sections 29-300 through 29-300.6 establishes the procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

If a request for reasonable accommodations is necessary to make housing available to an individual in accordance with the FHA or FEHA, the accommodations must be provided unless the administrative committee can present evidence that doing so would either create an undue financial or administrative burden or result in a fundamental alteration of this chapter. A fundamental alteration is an alteration so far reaching that it would change the essential scheme of this chapter.

(f)

Barbed-wire, electrified, or other hazardous fencing. The administrative committee shall review and approve barbed-wire, electrified, or other hazardous fencing in accordance with chapter 18, section 18-4.

(g)

Other duties as authorized. The administrative committee shall report on all matters requested by the planning commission or city council, or as authorized by this chapter; and may make decisions on matters delegated to it by the commission or council and this chapter. In addition, the community development director may request a review by the administrative committee of any application filed with the community development director pursuant to this chapter, and the recommendation of the administrative committee, including recommended conditions of approval, may be forwarded to the decision-making city official or body.

(Ord. No. 24-03, § 2, 9-17-24)

For matters considered by the administrative committee, it shall be their responsibility to determine whether a proposal is in compliance with the intent, purpose and standards of this chapter of the zone in which a specific building and/or use is to be located, as well as other codes, ordinances or policies of the city. The following procedures shall apply:

(1)

Administrative variances.

a.

Fee. When the application for an administrative variance is filed, a fee as established by the city council shall be paid, for the purpose of defraying the cost incidental to the proceedings.

b.

Notice and procedure.

1.

Upon the acceptance of a complete application, the secretary of the administrative committee shall give written notice by mail or personal delivery to all property owners as shown on the last equalized assessment roll within three hundred (300) feet of the subject property at least fifteen (15) days prior to a decision on the application.

2.

Any person so notified may file written objections or a written request to be heard within ten (10) days after the mailing or personal delivery of the notice. If a written request to be heard is filed, the community development director shall schedule a hearing and provide written notice to the applicant and the person making the request at least five (5) days prior to the hearing. The hearing is not a public hearing and may be informal.

3.

The administrative committee shall have the discretion to set any variance under this chapter for a public hearing before the planning commission. In such case the variance shall be processed according to the provisions of section 29-312.

c.

Decision and findings. In approving an administrative variance for a minor modification to the development regulations of this chapter, all conditions set forth in section 29-298 shall be found by the committee. The administrative committee may grant an administrative variance from the provisions of this chapter when it appears from the facts contained in the application and from information obtained by the administrative committee that all of the findings for a variance contained in section 29-312 can be made. The administrative committee shall make its decision in writing within thirty (30) days after the meeting on the application. One (1) copy shall be mailed to the applicant and one (1) copy shall be filed with the community development director.

d.

Appeal not permitted. If the applicant or interested party is dissatisfied with the decision of the administrative committee, said applicant or interested party may file an appeal with the community development director within ten (10) days of the decision thereby requiring the applicant to apply for a variance pursuant to the procedure set forth in section 29-312.

(2)

Other duties pursuant to this chapter.

a.

Administrative committee decision. Within thirty (30) days after the meeting on an application that is filed for review by the administrative committee pursuant to other duties assigned by this chapter, the administrative committee shall either announce its decision and in a written report list the findings and reasons for such decision and shall forward said report to the applicant, commission, and council, or shall refer the application to the commission.

b.

Effective date of decision. The decision of the administrative committee shall be final and shall become effective ten (10) days after the date of the decision unless an appeal is filed.

c.

Appeals. Any person or body, public or private, may appeal a decision made pursuant to this paragraph to the commission. An appeal must be in writing and be filed with the community development director within ten (10) days after the date of the decision by the administrative committee. Upon receipt of an appeal, the community development director shall place the matter on the agenda of the next available regular meeting of the commission.

(3)

Other duties as authorized. Where the commission or council has requested a report or other action by the administrative committee, said commission or council may specify a procedure to be followed or criteria to be considered. The administrative committee may recommend approval, approval with conditions or denial of applications made to the city pursuant to this chapter or other chapters of the City Code.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

"Reasonable accommodation" in the land use and zoning context means providing individuals with disabilities, or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

(b)

An individual with a disability is someone who has a physical or mental impairment that limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

(c)

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

(Ord. No. 24-03, § 2, 9-17-24)

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the community development department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the community development department.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

In order to make housing available to an individual with a disability, any eligible person as defined in section 29-300 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

(b)

Requests for reasonable accommodation shall be in writing and provide the following information:

(1)

Name and address of the individual(s) requesting reasonable accommodation;

(2)

Name and address of the property owner(s);

(3)

Address of the property for which accommodation is requested;

(4)

Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

(5)

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

(c)

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(d)

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(e)

If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Requests for reasonable accommodation shall be reviewed by the administrative committee using the criteria set forth in section 29-300.4.

(b)

The administrative committee shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in section 29300.4.

(c)

If necessary to reach a determination on the request for reasonable accommodation, the administrative committee may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

(Ord. No. 24-03, § 2, 9-17-24)

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

(a)

Whether the housing which is the subject of the request for reasonable accommodation will be used by an individual with disabilities protected under fair housing laws;

(b)

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

(c)

Whether the requested accommodation would impose an undue financial or administrative burden on the city; and

(d)

Whether the requested accommodation would require a fundamental alteration in the nature of the city's land use and zoning or community development program.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the administrative committee's findings on the criteria set forth in section 29-300.4. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth in section 29-300.6 The notice of decision shall be sent to the applicant by certified mail.

(b)

The written decision of the administrative committee shall be final unless an applicant appeals it to the city's planning commission.

(c)

If the administrative committee fails to render a written decision on the request for reasonable accommodation within the 30-day time period allotted by section 29-300.3, the request shall be deemed granted.

(d)

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.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Within thirty (30) days of the date of the administrative committee's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

(b)

If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

(c)

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(d)

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 24-03, § 2, 9-17-24)

In the event that any provision of this division conflicts with any provision of the Code, the provisions of this division shall prevail.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-301—29-303. - Reserved.