San Luis Obispo Municipal Code Ch. 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 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 hearing or to the planning commission for consideration. (Ord. 1705 § 66, 2021; Ord. 1650 § 3 (Exh. B), 2018)

Repealed by Ord. 1705. (Ord. 1650 § 3 (Exh. B), 2018)

A. Application Filing. An application for a director’s action shall be filed and processed in compliance with Chapter 17.104 (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 17.108.040 (Required Findings).

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 17.108.040 (Required Findings) can be made.

3. Within thirty 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. (Ord. 1650 § 3 (Exh. B), 2018)

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 zone;

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, the following additional finding shall be made:

4. While site characteristics or existing improvements make strict adherence to the zoning regulations impractical or infeasible, or 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. (Ord. 1705 § 68, 2021; Ord. 1650 § 3 (Exh. B), 2018)

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 (Required Findings). (Ord. 1650 § 3 (Exh. B), 2018)