Marina Municipal Code Ch. 17.55 Staff Approvals and Procedures

Sections: Purpose. Types of staff approvals and related review authorities. Applicability. Review process. Review criteria. Findings required for approval. Effective date of decision. Notice of administrative decision procedure.

This chapter establishes procedures and findings for the issuance of, and effective time periods for, staff-approved permits. No public hearings are held unless a request for a hearing is submitted or the community development director refers it to the hearing authority. The intent of this chapter is to ensure that planning permits are in compliance with the general plan, local coastal program, objective design review, specific plans and these regulations, and are issued quickly yet allow for public input. (Ord. 2025-12 § 3 (Exh. A), 2025)

Table 17.55.020.1, Types of Review and Roles of Review Authorities, identifies the city official or body responsible for reviewing and making decisions on community development permit applications, legislative amendments, and other actions required by these regulations. Table 17.55.020.1. Types of Review and Roles of Review Authorities Roles of Review Authorities Type of Permit Application Director PC CC Administrative design review Decision Appeal Appeal Design review changes Decision Appeal Appeal Lot mergers Decision Appeal Appeal Reversion to acreage Decision Appeal Appeal Lot-line adjustments Decision Appeal Appeal Certificate of compliance Decision Appeal Appeal Parcel map Decision Appeal Appeal Administrative sign permit Decision Appeal Appeal Administrative use permit and administrative use permit amendments Decision Appeal Appeal Administrative variance and administrative variance amendments Decision Appeal Appeal CC = City Council, PC = Planning Commission, and MMC = Marina Municipal Code Section. Table footnotes:

1. “Decision” means that the review authority makes the decision on the matter; “appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.70, Appeals.
2. The director may defer action and refer the item to the first hearing authority for decision.

(Ord. 2025-12 § 3 (Exh. A), 2025)

The community development director or designee is the decision-making authority for the following community development permits: A. Administrative Design Review Permits. 1. Administrative design review permits as described in Table 17.56.030. 2. In all residential zoning districts, administrative design review permits may be granted for the following: a. Detached accessory structures not intended for living that are twelve feet to sixteen feet in height in the R-1 district; b. Structures, fences, retaining walls, or other visual obstructions in excess of height limits under Section 17.42.060(F); c. Covering the yard outside of buildings and accessory structures with more than fifty percent with asphalt, concrete, or hardscape; and d. Garden structures exceeding the standards required by Section 17.42.060(J). B. Design Review Changes. Once a planning commission design review permit or an administrative design review permit, outside the coastal zone, has been approved, but before the associated building permit becomes final, changes up to ten percent that modify the exterior design, height or setback of the project shall be processed as an administrative design change; provided, that cumulative design changes to a prior design review permit or administrative design review permit shall not appreciably alter the originally approved design. C. Administrative Subdivisions. The following subdivision map changes shall be reviewed at the staff level, in accordance with Title 16, Subdivisions: 1. Lot mergers, in accordance with this section and the procedures in Chapter 16.12. 2. Reversion to acreage, in accordance with this section and the procedures in Chapter 16.14. 3. Parcel maps, in accordance with this section and the procedures in Chapter 16.18. 4. Lot line adjustments, in accordance with this section and the procedures in Chapter 16.20. 5. Certificates of compliance, in accordance with this section and the procedures in Chapter 16.22. D. Administrative Sign Permit. An administrative sign permit may be granted for compliant signs as described in Section 17.46.050.

E. Administrative Use Permits. Administrative use permits and administrative use permit amendments may be granted for the following: 1. Beer and wine when served with food or sold with groceries; 2. Detached or semi-detached accessory rooms within the R-1 district; 3. Detached accessory structures not intended for living that exceed the limitations in Section 17.42.070(J); 4. Temporary use permits; 5. Barbed or razor wire affixed to the top of a fence for properties with public safety hazards; 6. Wireless eligible facilities requests (for modification of previously permitted wireless telecommunications facilities); and 7. Uses similar in nature as listed above as determined by the community development director. F. Minor Variances. Administrative variances and administrative variance amendments may be granted for the following: 1. Reductions in required yards or setbacks that are ten percent or less of the required distance; 2. Increases in maximum front yard setbacks; 3. Increases in allowable building site coverage of ten percent or less for additions to an existing structure; 4. The occupancy of any part of a required side or front yard by a parking pad; 5. Fences or retaining walls over eight feet in height up to twelve feet in height; and 6. Fences and retaining walls in combination over twelve feet up to sixteen feet in height. (Ord. 2025-12 § 3 (Exh. A), 2025)

Upon submittal of one of the community development permit applications listed in this section, the department shall process it in accordance with the following: A. Staff reviews the proposed project for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations. B. The community development director issues a notice of administrative decision, pursuant to the procedures in Section 17.55.080, or determines that the permit application presents issues of sufficient public concern to warrant a public hearing and refers the application directly to the appropriate hearing authority. The hearing authority decision may be appealed in accordance with Chapter 17.70, Appeals.

C. If no written request for a hearing is received by the department within ten days of the issuance of the notice of administrative decision, then the action of the director is final. (Ord. 2025-12 § 3 (Exh. A), 2025)

For design review projects, the review criteria in Chapter 17.56 and in Marina’s objective design standards shall apply. (Ord. 2025-12 § 3 (Exh. A), 2025)

Permit applications under this section shall be approved or approved with conditions, only if the review authority first makes all the following applicable findings: A. Findings for All Staff Approvals. 1. The proposed development conforms to the applicable provisions of the general plan, the local coastal program, any applicable specific plan, and these regulations; 2. The proposed development is located on a legally created lot; 3. The subject property is otherwise in compliance with all applicable laws, regulations, and rules pertaining to uses, subdivision, setbacks, and any other applicable provisions of this municipal code, and all applicable zoning violation enforcement and processing fees have been paid; and 4. The proposed development is in compliance with all citywide permits, including, but not limited to, the National Pollutant Discharge Elimination System (NPDES) permit. B. Additional Findings for Administrative Use Permits and Variances. 1. The findings in Section 17.58.040 shall apply to administrative use permits; 2. Additional Finding for Administrative Use Permits for Fences, Deer Fences, and Garden Structures. The proposed fencing, and/or garden structure, will be in keeping with the neighborhood and will not obstruct views, air or light from the adjoining public street(s) without there being unique or exceptional circumstances of the property to warrant it; and 3. The findings in Section 17.60.030 shall apply to administrative variances. C. Administrative Use Permit (AUP) Findings for Wireless Eligible Facilities Requests. 1. The proposed wireless telecommunications facility qualifies as a wireless eligible facilities request, satisfying each element specified in 47 CFR Sections 1.6001 through 1.6100, as may be amended.

The proposed wireless telecommunications facility complies with applicable safety codes and guidelines, and FCC regulations governing radiofrequency emissions. (Ord. 2025-12 § 3 (Exh. A), 2025)

The decision shall become effective only when: A. The ten-day request for hearing period has expired, or the appeal period following a hearing authority decision has expired, or if appealed in accordance with Chapter 17.70; and B. All necessary prior approvals have been obtained. (Ord. 2025-12 § 3 (Exh. A), 2025)

Notice of an administrative decision to approve a community development permit shall be given as follows: A. Contents of Notice. The contents of a notice of administrative decision shall be as follows: 1. Hearing Information. A brief description of the city’s general procedure concerning the conduct of hearings and decisions; and the phone number and street address of the department, where an interested person could call or visit to obtain additional information; 2. Project Information. The date of filing of the application and the name of the applicant; the city’s file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; 3. Coastal Zone Information. If the proposed development is within the coastal zone, the notice shall also include a statement that the development is within the coastal zone. B. Method of Notice Distribution. A notice of administrative decision shall be given as follows: 1. Mailed notice for administrative permits as referenced herein shall be provided to: a. Owners of all property that is abutting the exterior boundaries of the subject lot. The names and addresses used for such notice shall be those appearing on the equalized county assessment roll, as updated from time to time; and b. Any person who has filed a written request for notice with the department and has paid the required fee for the notice. 2. Posting. The department shall conspicuously post notice on the subject lot in a location that can be viewed from the nearest street. If the subject lot is a through lot, a notice shall be conspicuously posted adjacent to each street frontage in a location that can be viewed from the street.

Timeline. The notice shall be mailed and posted at least ten days before an action by the community development director or their designee to approve a community development permit. 4. Duration of Posting. The notice shall be continuously posted from the date required by subsection (B)(3) of this section until the effective date of the community development director or their designee’s decision to approve, or approve with conditions, the community development permit. 5. Provide Comment. Members of the public may provide comments during the ten days prior to the approval by the community development director or their designee. (Ord. 2025-12 § 3 (Exh. A), 2025) 17.56.010 17.56.020 17.56.035 17.56.040 17.56.050 17.56.060