Chapter 17.108 — DIRECTOR’S ACTION

The purpose of this Chapter is to authorize the Director to act on certain applications on an administrative basis, without a public hearing, due to the minor nature of a proposed improvement, use of land, or allowed deviation from specified development standards in Table 6-1 and as further described in this Chapter. Notwithstanding these provisions, the Director shall have the authority to refer any application subject to this Chapter to a Director’s Hh earing or to the Planning Commission for consideration.

The Director is authorized to act administratively on the following applications and take the following actions.

• A. Interpretation of these Zoning Regulations, as set forth in Chapter 17.04 (Interpretation of the Zoning Regulations).

• B. Determination of parking requirements for uses not listed in Table 3-4 6 .

• C. Parking approvals for expansion of uses with nonconforming parking, as set forth in Chapter 17.7 2XX (Parking and Loading).

• D. Reasonable Accommodations, as set forth in Chapter 17.11 2XX (Reasonable Accommodatio ns ).

• E. Home Occupation Permits, as set forth in Section 17.86.14 0xx.xxx (Home Occupations).

• F. Temporary Use Permits, as set forth in Sectio n Chapter 17.86.2 6XX (Temporary and Intermittent Use s Permits) .

• G. Minor modifications to the following specific development standards:

  1. Antenna Height: Additional height for satellite dish antenna in a residential zone by up to 10 percent.

  2. Bicycle Parking : The required type of bicycle parking facilities and required location of bicycle parking facilities may be modified based upon the type of use proposed and/or the configuration of a development site.

  3. C-D Zone Limitation on New Driveways. In order to maintain pedestrian orientation and the continuity of sidewalks within the C-D zone, the installation of new driveway approaches is subject to the Director’s review and approval of Director’s Action, as set forth in Section 17.32.03 4 0(B) (Limitation on New Driveways).

  4. C-D Zone Residential Parking . A reduction in parking spaces based on a project-specific parking study prepared per City specifications.

  5. Fence and Wall Heights . Up to a 10 percent increase in the maximum required fence or wall height. A public notice shall be posted at the site of each proposed fence height exception. If no questions or objections are received by the Community Development Department within five days after posting, the Director may issue a letter of approval upon submission of all required information and without further notice or public hearing. If anyone informs the Community Development Department of an objection concerning the proposed fence or wall height exception within five days of the posting, the Director shall schedule a hearing for the application as provided for Minor Use Permits. In granting any such exception, the Director shall make the finding that no public purpose would be served by strict compliance with applicable fence and wall standards.

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6. Lighting .

• a. Accent Lighting. All accent lighting to ensure compliance with the provisions of Chapter XXS ection 17.70.100 (Lighting and Night Sky Preservation).

• b. Athletic Fields. Athletic field lighting of intensity greater than 50 foot-candles but not more than 100 foot-candles.

• c. Billboards – Upgrades. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards) that reduce light pollution, provided the illumination is not increased.

  • d. Temporary. Any temporary lighting that does not meet the requirements of Chapter XXS ection 17.70.100 (Lighting and Night Sky Preservation), subject to the findings set forth in that Chapter for temporary lighting.

  • e. Alternate Materials and Methods of Installation. As set forth in subSse ction 17.70.10 0XX.XXX.B (Lighting and Night Sky Preservation). Alternative Materials and Methods of Installation).

7. Parking and Driveway Design Standards. As set forth in Chapter 17.72 XX (Parking and Loading).

8. Planned Development – Minor Modification. Minor modifications to an approved Planned Development plan, as set forth in Chapter 17.4 8XX (Planned Development [PD] Overlay Zone).

9. Screening Requirements for Mechanical and Electrical Equipment. As set forth in Article 2 and Section 17.76.100 XX.XXX ( Screenin g of Mechanical and Electrical Equipment) .

10. Screening Requirements for Outdoor Sales and Storage. As set forth in Article 2 and Section 17.76.100 XX.XXX (Screenin g of Outdoor Sales and Storage) .

11. Setback Reductions in Previously Subdivided Areas. As set forth in Section (current 17.16.020.E.2.d – get new citation).

• A. Application Filing . An application for a Director’s Action shall be filed and processed in compliance with Chapter 17.10 4XX (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Director’s Action applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17 .xx.xxx 108.040 (Required Findings and Decision) .

• B. Application Review . Each application for a Director’s Action shall be reviewed to ensure that the application is consistent with the purpose of this Chapter and applicable development standards and regulations of these Zoning Regulations, and any adopted design guidelines and policies that may apply.

  1. A Director’s Action is initiated when the Department receives a complete application package, including the required information and materials specified in the Department handout and any additional information required to conduct a thorough review of the proposed project or request.

  • 2 . Upon receipt of a complete application, the Director shall review the location, design, configuration, and the effect of the proposed project or action on adjacent properties, streets, and alleys by comparing the application materials to applicable standards in these Zoning Regulations and determining whether the findings required in Section 17.108.04 0XXX.XXX (Required Finding sFindings and Decision ) , below, c an be made.

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3. Within 30 days after the Director’s Action application has been deemed complete, the Director shall either approve or deny the application and, if approved, may impose conditions deemed reasonable and necessary to protect the public health, safety, and general welfare and ensure compliance with this Chapter and all applicable City regulations and policies.

• C. On-Site Inspection . An application for a Director’s Action may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Chapter.

• A Required Findings . The Director may approve a Director’s Action application only after first making all of the following findings. The proposed interpretation, determination, or modification to standards:

  1. Is consistent with the intent of these Zoning Regulations and applicable General Plan policies;

  2. Is consistent with or an improvement to the character of the neighborhood or district;

  3. Provides adequate consideration of and measures to address any potential adverse effects on surrounding properties such as, but not limited to, traffic, vehicular and pedestrian safety, noise, visual and scale, and lighting.

With regard to cases of granting exceptions to the strict application of development standards pursuant to Section 17.XX.XXX(G), above, , the following additional finding shall be made:

4. While site characteristics or existing improvements make strict adherence to the Zoning Regulations impractical or infeasible, the project nonetheless conforms with the intent of these Regulations.

• B. Failure to Make Findings. The Director shall deny the application if any one or more of the required findings cannot be made.

In approving a Director’s Action application, the Director may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.108.040 xx.xxx (Required Findings).

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