Division 6 — ADMINISTRATIVE PERMIT

An administrative permit is intended to allow for specified activities and uses, as identified in the various zoning districts, whose effect on the surrounding area cannot be determined before being proposed for a

particular location. Applications for administrative permits shall be reviewed for compatibility, configuration, design, location, and potential impacts of the proposed use, and suitability of the use to the site and surrounding area.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-238. - Community Development Director or their designee may grant administrative permit.

(a)

For administrative permits that do not require public notification the administrative permit may be granted by the Community Development Director or designee at the receipt of a complete application as indicated by table 1 authority for land use and zoning decisions. For administrative permits that require public hearings the following process is required:

(1)

After an application is received and notification is provided in the manner stated in division 1 of this article, the Community Development Director or their designee shall be authorized to approve, approve with conditions, or disapprove an application for an administrative permit. If a request for a public hearing is received during the public review period, an administrative hearing before the Community Development Director or their designee shall be required. If no request for hearing is received within the specified time, the Community Development Director or their designee shall have the authority to take action on the application without benefit of a public hearing. The approval of all administrative permit shall be based on the findings as required by the code section pertaining to the requested use or the following:

a.

That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood or community;

b.

That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;

c.

That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith;

d.

That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets;

e.

That the granting of such administrative permit will not adversely affect the General Plan of the City, or any other adopted plan of the City.

(b)

The Community Development Director or their designee may elect to not rule on a request for an administrative permit and transfer the matter directly to the Planning Commission, to be heard within thirty (30) days from the date this election by the Community Development Director or their designee is provided in writing to the applicant. In such event, notice of the public hearing shall be provided in accordance with the procedure for administrative permits as stated in section 26-187 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-239. - Amendment to an administrative permit.

(a)

The Community Development Director or their designee may grant an amendment to an administrative permit after all procedures as set forth for an original application are met, except that the request for such amendment may be in letter form in-lieu of the required application form.

(b)

The Community Development Director or their designee may approve minor revisions to an administrative permit which do not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan for such use. The minor revisions may only be approved by a minor site plan review or minor modification as set forth in division 7 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-240. - Failure to act on an administrative permit.

(a)

An administrative permit approved in conjunction with a development entitlement that is dependent thereon (such as a precise plan, parcel or tract map, conditional use permit, etc.) shall expire on the same expiration date as the development entitlement. Approval of a time extension for such development entitlement shall constitute the approval of a time extension for the administrative permit on which the development entitlement is dependent.

(b)

Failure to take any action on an administrative permit within one (1) year of its effective date (unless extended by action of the Community Development Director) will cause such administrative permit to expire without further action by the City. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such

entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the administrative permit, or to revoke the administrative permit pursuant to the procedures set forth division 12 of this article.

(c)

One (1) one-year extension of time may be granted from the original date of expiration of the administrative permit by the Community Development Director when extenuating circumstances can be clearly shown by the applicant. The request shall be submitted to the planning division in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been continued. The Community Development Director may impose new conditions on the administrative permit, based on changed circumstances, code amendments or oversights disclosed in review of the plan.

(d)

In the event that the use for which an administrative permit has been granted is discontinued for a period of six (6) months, the administrative permit shall become null and void.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-241. - Revocation.

Revocation of administrative permits shall be conducted in accordance with the procedures contained in division 12 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-242. - Compliance required.

No person shall violate or fail to comply with any approved administrative permit or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved administrative permit for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-243. - Community Development Director or their designee may grant administrative review approval.

(a)

An administrative review is required for certain uses that possess unique characteristics and which should only be approved with the benefit of Community Development Director or their designee review.

(b)

After an application is received, the Community Development Director or their designee shall be authorized to approve, approve with conditions, or disapprove an application for an administrative review permit.

(c)

The Community Development Director or their designee may elect to not rule on a request for administrative review approval and transfer the matter directly to the Planning Commission, to be heard within thirty (30) days from the date this election by the Community Development Director or their designee is provided in writing to the applicant. In such event, notice of the public hearing shall be provided in accordance with the procedure for administrative permits as stated in section 26-187 of this article.

(d)

The decision of the Community Development, their designee or Planning Commission, as the case may be, shall be final unless appealed within ten (10) days as set out in section 26-193 of this chapter. If the tenth day falls on a day when City Hall is not open the appeal may be made on the next business day. The notice requirements for an appeal shall be as in section 26-187 of this chapter.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-244. - Amendment to administrative review by Community Development Director or their designee.

(a)

The Community Development Director or their designee may grant an amendment to an administrative review approval after all procedures as set forth for an original application are met, except that the request for such amendment may be in letter form in lieu of the required application form.

(b)

The Community Development Director or their designee may approve in writing minor modifications to an administrative review approval when he or she determines that such modifications do not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan for such use.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-245. - Failure to utilize administrative review approval by Community Development Director or their designee.

(a)

An administrative review approval approved in conjunction with a development entitlement that is dependent thereon (such as a precise plan, parcel or tract map, conditional use permit, etc.) shall expire on the same expiration date as the development entitlement. Approval of a time extension for such development entitlement shall constitute the approval of a time extension for the administrative review approval on which the development entitlement is dependent.

(b)

Failure to utilize an administrative review approval within one (1) year of its effective date (unless approved in conjunction with other development entitlements or extended by action of the Community Development

Director or their designee) will automatically invalidate such administrative review approval.

(c)

Extensions of time up to a maximum of one (1) year may be granted from the date of expiration of the administrative review approval by the Community Development Director or their designee when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Community Development Director or their designee in writing prior to the expiration date and shall clearly state the reasons why the administrative review approval has not been utilized. In considering a request for an extension of time, the Community Development Directory or their designee may approve, modify, add conditions, or deny the request. The Community Development Director or their designee may act on an application to extend an administrative review approval without providing public notice thereof. The decision of the Community Development Director or their designee may be appealed to the Planning Commission in accordance with the procedures set forth in section 26-193 of this chapter.

(d)

In the event that the use for which an administrative review approval has been granted is discontinued for a period of six (6) months, the administrative approval shall become null and void.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-246. - Revocation.

Revocation of administrative review approval shall be conducted in accordance with the procedures contained in division 12 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-247. - Compliance required.

No person shall violate or fail to comply with any approved administrative review approval or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved administrative review approval for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 7. - MINOR MODIFICATION

A minor modification is required for minor revisions to approved projects or for minor deviations from height and setback regulations.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-249. - Community Development Director or their designee may grant minor modification.

(a)

The Community Development Director or their designee shall be authorized to approve, approve with conditions, or disapprove an application for a minor modification, for the following minor revisions:

(1)

Deviation of up to twenty (20) percent of any regulation pertaining to heights and setbacks contained in this chapter. Deviations requested from height and setbacks shall be required to meet the findings in section 26-233.

(2)

Revisions that are insignificant site plan changes that do not significantly alter the number of parking spaces or amount of landscaping.

(3)

Structural revisions that do not alter the footprint of the building or change the size or shape of the building.

(4)

Color or material modifications that are similar or within a similar color palette to that approved.

(5)

The addition of fencing, mechanical equipment, or similar site plan modifications not reviewed as part of the case file.

(6)

Revisions due to maintenance issues such as replacement of exterior materials.

(7)

The collocation of antenna apparatus on existing wireless antenna structures.

(8)

Similar types of improvements as those listed above.

(b)

An application for revisions or modifications not listed in subsection (b) above shall require an amendment to the original discretionary application.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

As part of a minor modification approval, the Community Development Director or their designee may require development standards stricter than the minimum standards of this Code (e.g., less sign area, less building coverage, lower density, increased parking, increased fence or wall height, etc.) when such

restrictions will mitigate potential impacts to surrounding properties or achieve greater aesthetic or functional integration and compatibility with neighboring developments.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Minor modifications approved in conjunction with cases which are dependent on the minor modification (precise plans, parcel or tract maps, conditional use permits, etc.) shall expire on the same expiration date as the case. Approval of a time extension for such cases shall constitute the approval of a time extension of the variance on which the case is dependent.

(b)

A minor modification not in conjunction with other cases shall expire without further action by the City if no action is taken on it within two (2) years from date of the resolution or approval granting the minor modification. If construction work is involved, such work must be actually commenced within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the minor modification, or to revoke the minor modification pursuant to the procedures set forth division 12 of this article.

(c)

Extensions of time up to a maximum of one (1) additional year may be granted from the date of expiration of an approved minor modification by the Community Development Director or their designee when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Community Development Director or their designee in writing prior to the expiration date and shall clearly state the reasons why the minor modification has not been acted upon. In considering a request for an extension of time, the Community Development Director or their designee may approve, modify, add conditions, or deny the request. The Community Development Director or their designee may not approve an extension if such approval would be in conflict with the General Plan or zoning code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

No person shall violate or fail to comply with any approved minor modification or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved minor modification for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)