Article 3 — Zoning Administrator — Santa Maria Zoning Code

Section 12-35.301. Delegation of Planning Commission powers to Zoning Administrator. ¶

The Planning Commission is authorized to adopt regulations by resolution whereby the Planning Commission delegates to the Zoning Administrator the authority to process Use Permits of certain classes or types of situations, through an administrative process as described in this Article.

(a) "Zoning Administrator" shall mean the Director of Community Development or his or her designee.
(Ord. 2019-2019 § 1, eff. 7/4/19)

Section 12-35.302. Use Permit classes or types of situations which may be processed… ¶

The Zoning Administrator process for the review of Use Permit applications is intended to provide for public review of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner, but are not of sufficient magnitude to warrant Planning Commission review as determined by the Community Development Director. Action taken by the Zoning Administrator is discretionary, and may include: approval based on the standards of this Chapter; approval with conditions; or disapproval based on conflict with the provisions of this code, information in the Notice, or public hearing testimony.

(a) The Zoning Administrator is authorized to serve as the decision making body to act on use permit applications for the following uses:
- (1) Moving a building into or within the City, per Chapter 12-30 ;
- (2) Churches;
- (3) Public and quasi-public uses;
- (4) Live-Work/Work-Live spaces in existing buildings, per Chapter 12-49 ;
- (5) Residential developments of 12 or fewer units;
- (6) Light manufacturing;
- (7) Establishments where liquor is served (in conjunction with restaurant use only);
- (8) One outdoor RV lift per property in the C-2 and CM zoning districts;
- (9) Fences or walls constructed with barbed wire, razor wire or similar sharp materials pursuant to Chapter 12-27 ;

(10) "Cart Containment Plans" (as defined in Santa Maria Municipal Code Section 12-55.01(b)). (Ord. 2021-04 § 2, eff. 8/19/21)

Section 12-35.303. Zoning Administrator Procedure. ¶

Processing of discretionary permit applications by the Zoning Administrator shall be made and processed in the same manner as provided for in Article 1 of this Chapter; provided, however, that such processing of permits shall also comply with Sections 12-35.304 through 12-35.308 of this Article.

(a) The Community Development Director shall have the discretion to refer an application to the Planning Commission as a discretionary permit application due to proposed activity's complexity, size, intensity, impacts, location, or for any other reason deemed necessary. Such referred application shall be assessed the appropriate fees.
(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.304. Zoning Administrator Public Meeting. ¶

(a) A Zoning Administrator public meeting shall be the regular meeting of the Zoning Administrator.
(b) A discretionary permit application agendized for a regular meeting of the Zoning Administrator shall be acted upon as a consent agenda item, except that the Zoning Administrator shall conduct a public hearing on a discretionary permit application when a public hearing is requested by the applicant or other interested person(s). In the event a Zoning Administrator public hearing is requested, the discretionary permit shall be scheduled for a hearing on the date and time as defined in the public notice.

(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.305. Notice of Zoning Administrator Public Meeting. ¶

(a) Notice for a Zoning Administrator Regular Meeting made in accordance with Section 65091 of the California Government Code. In addition to the information required by Government Code Section 65091 , the notice for a Zoning Administrator Regular Meeting on a discretionary application shall:
- (1) Identify the tentative action by the Zoning Administrator as either approval, approval subject to conditions or disapproval of the discretionary permit.
- (2) Note that the tentative decision will become the final action on the project, effective on the 15th day following the Zoning Administrator regular meeting, unless the tentative decision is changed as a result of information obtained at the hearing or is appealed pursuant to this Chapter.
- (3) Declare that the application will be acted on as a consent item on the Zoning Administrator regular meeting agenda, without a public hearing, if no request for a public hearing is made.
- (4) Note that a request for a public hearing on a discretionary application shall be made in writing and provided to the Community Development Director no later than seven days prior to the Zoning Administrator regular meeting date as noticed.
(b) The Notice of the Zoning Administrator regular meeting shall be mailed to the applicant no later than 15 days before the date of the scheduled meeting.
(c) The notice may also be provided any other interested persons upon request, subject to any applicable fees set by the City Council.
(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.306. Zoning Administrator Actions. ¶

Action on a discretionary permit application by the Zoning Administrator shall occur in the same manner and with the same discretion and effect as set forth for Conditional Use Permits in Article 1 of this Chapter.

(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.307. Notice of Final Zoning Administrator Action. ¶

Immediately after the conclusion of a Zoning Administrator regular meeting, and public testimony in the case of a public hearing, or no sooner than the date of the meeting specified in the public notice, the Zoning Administrator shall either:

(a) Announce that the decision on the project set forth in the Tentative Notice of Action is the final administrative action on the proposed project and that the Use Permit will become effective unless appealed; or
(b) Announce that the tentative decision is changed as a result of information provided at the administrative hearing and whether the final decision is approval, conditional approval or denial; or
(c) Continue the hearing to a date certain to provide additional time to evaluate information obtained at the hearing prior to a final decision.

The notice of the final action shall be mailed to the applicant and any other person who has requested notice. The notice of a final action taken shall include the procedures by which the decision of the Zoning Administrator may be appealed.

(Ord. 2019-04 § 1, eff. 7/4/19)

Section 12-35.308. Exceptions to Zoning Administrator Discretionary Permit Processing. ¶

(a) If a proposed discretionary project is found to have potentially significant environmental impacts, that project may not be processed by the Zoning Administrator.
(b) The Planning Commission shall be the decision making body for uses listed in Section 1235.302 when the project site is within a Planned Development Overlay district and new construction or significant modification to existing structures or site elements is proposed.
(Ord. 2019-04 § 1, eff. 7/4/19)