Chapter 17.25 — ADMINISTRATIVE ADJUSTMENTS

Administrative adjustments are determinations made by the director of community development where the deviations from adopted development standards and approved entitlements are minor in nature, do not involve substantial changes to the project and do not require a public hearing. The purpose of this section is to grant the director of community development the discretion to approve minor deviations from certain adopted development standards and approved entitlements. (Ord. 682-91 § 1)

The director of community development is authorized to grant an administrative adjustment to existing approved entitlements and adopted development standards for the following requests:

• A. Minor changes in architectural features. For the purpose of this section, "architectural features" would include color, texture, sidings, and materials.

• (Ord. 682-91 § 2)

In approving an administrative adjustment, the director shall make the following findings:

• A. That the granting of the adjustment will not allow a use, density or intensity which is not in accordance with the general plan designation for the property;

• B. That the adjustment does not significantly change the building materials, colors, texture and sidings of the building(s);

• C. That the adjustment does not affect the design integrity of the project;

• D. That the adjustment does not alter any of the imposed conditions of approval for approved projects;

• E. That the adjustment does not adversely affect the spirit and purpose of the zoning ordinance;

• F. That the adjustment does not adversely affect the adjacent properties. (Ord. 682-91 § 3)

Applications shall be made on the prescribed forms provided by the department of community development. All applications shall be signed by the owner of the property. (Ord. 682-91 § 4)

On the day of the application submittal, the directory shall cause a notice of the requested adjustment to be mailed by first-class mail, postage prepaid, to all persons whose names and addresses appear on the latest available assessment roll as owning property immediately adjacent to the exterior boundaries of the subject property. The adjacent property owners have no more than fifteen days to give their comments and reasons for their comments. (Ord. 682-91 § 5)

• A. If the community development director receives no written comments prior to the fifteenth day following mailing of the notice of the requested adjustment, the director may render a decision based on the merits of the application, and such decision shall be final.

• B. If the community development director receives written comments challenging the proposed administrative adjustment on or before the fifteenth day, the director shall set the matter for consideration before the planning commission. The commission shall consider and render a decision within thirty-five days after the receipt of such appeal.

• C. Notice of public hearings before the planning commission to consider appeals of administrative adjustments shall be given as stated herein. At least ten days prior to the date of any hearing, the director shall:

  1. Cause a copy of the notice of the time and place of such a hearing to be published in a newspaper of general circulation in the city;

  2. Cause a notice by first-class mail, postage prepaid, to be mailed to all persons whose names and addresses appear on the latest available assessment roll as owning property within a distance of five hundred feet from the exterior boundaries of the subject property;

  3. Cause a notice of the time, place and purpose of such hearing to be posted in at least three public places and on the project site at least ten days before the hearing.

The decision of the planning commission on appeals can be appealed to the city council pursuant to Section 17.12.130 of this code.

(Ord. 682-91 § 6)