Chapter 19.44 — ADMINISTRATIVE PERMITS

This chapter provides a process for reviewing administrative permit applications, which are intended to allow for specified activities that are deemed to cause limited impacts on the other land uses on the site, and on neighboring parcels, if conducted in compliance with the applicable standards of this Zoning Ordinance and appropriate operational conditions. (Ord. 01-594 § 2, 2001)

• A. When Required. An administrative permit shall be required for any land use listed in Article 19-2 (Zoning Districts and Allowable Land Uses) as requiring administrative permit approval, and the following uses and construction:

  1. Alcoholic beverages sales, on-site consumption;

  2. An exterior alteration that changes architectural character or theme;

  3. Up to 500 square feet of second story construction to either a single-family home or duplex either as a new second story or an addition to an existing second story;

  4. An addition of more than 500 to 1,000 square feet to any structure other than a single-family home or duplex;

  5. An addition which does not exceed 500 square feet but changes the architectural character or theme, or encloses a balcony in conformance with Section 19.72.030(B) ;

  6. Garages, carports, and other residential accessory structures under 500 square feet which do not maintain the same architectural character as the primary structure(s);

  7. Outdoor dining areas;

  8. Installation of a mechanical parking lift at an existing parking facility;

  9. New or expanded (including expanded hours of operation) outdoor dining areas and other outdoor commercial uses with similar light, noise, and impact characteristics as determined by the Community Development Director, located on rooftops, terraces, or other outdoor locations above the ground floor. The Community Development Director shall take action on outdoor commercial uses above the ground floor as follows:

     • a. Outdoor commercial areas located further than 100 feet from residential uses or located in the front portion of a commercial building where the commercial structure is located between the outdoor commercial use area and residential uses that meet the requirements of Section 19.36.235 shall be administratively approved by the Community Development Director,

     • b. Outdoor commercial uses that are above the ground floor and are located on an outdoor deck or rooftop area of a commercial building within direct line of sight of an adjacent residential use, or within 100 feet of a residential use, shall require the approval of an administrative permit by the Community Development Director at a duly noticed public hearing in accordance with Chapter 19.74 ;

  10. Outdoor dining with late night alcoholic beverage sales for on-site consumption (after 11:00 p.m.), shall require the approval of an administrative permit by the Community Development Director at a duly noticed public hearing in accordance with Chapter 19.74 ;

  11. Restaurants with alcoholic beverage sales, on- and off-site consumption (takeout via pickup) with appropriate ABC license;

  12. The use of dwelling units for rental between 31 and 365 days, as further regulated by Section 19.36.275 ;

13. Incidental business activities in accordance with Section 19.36.030 . (Ord. 01-594 § 2, 2001; Ord. 02-643 § 41, 2003; Ord. 14-930 § 2, 2014; Ord. 14-940 § 29, 2014; Ord. 15-965 § 12, 2015; Ord. 18-1043 § 11, 2018; Ord. 20-1112 § 14, 2020; Ord. 22-1186 § 9, 2022; Ord. 23-25, 1/22/2024; Ord. 24-16, 6/24/2024; Ord. 25-18, 8/18/2025)

An administrative permit may be approved or denied by the Community Development Director. The Community Development Director may instead elect to defer action and refer the application to the Planning Commission for a decision.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 174, 2019; Ord. 24-16, 6/24/2024)

• A. Application Preparation and Filing. An application for an administrative permit shall be prepared, filed, and processed in compliance with Chapter 19.40 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 19.44.050 (Findings and Decision) below. The application shall also include the following, in addition to the information and materials required by Chapter 19.40 .

  1. Illustrations. Sketches or drawings of sufficient size, scale, and clarity to show: the size and location of the property; location of adjacent streets; location and approximate size of all structures and signs on the parcel; and the location and number of off-street parking spaces and drive aisles which exist or are to be installed as part of the proposed land use activity.

  2. Statement of Operations. A letter describing the hours of operation, number of employees staffing the use during operation and their parking needs, anticipated number of people using the facility during operation, and other information as applicable about the operation of the land use and any related construction that pertains to the impacts of the use on the other activities on the site and on neighboring parcels.

• B. Notice. Public notice of a requested administrative permit shall be provided by posting the subject parcel with a minimum 11″ by 17″ legal notice, with the information required by the Community Development Director; provided that façade renovation shall require no notice unless deemed necessary by the Community Development Director. The notice shall be continuously posted for seven days before the Community Development Director's action.

• (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 175, 2019; Ord. 24-16, 6/24/2024)

The administrative permit shall be approved, with or without conditions, only if the Community Development Director first finds that:

• A. The proposed use or construction is allowed by Article 19-2 (Zoning Districts and Allowable Land Uses) within the applicable zoning district with administrative permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; and

• B. The proposed use or construction is consistent with the objectives, policies, general land uses, and programs of the General Plan, and any applicable specific plan.

• C. The new structure or addition is compatible with the scale, bulk and mass of existing structures in the vicinity of the subject property, and does not impair the integrity and character of the zoning district in which it is to be located.

For these purposes, compatibility is not interpreted to mean simple repetition of existing form, mass, scale and bulk. Nor is compatibility interpreted to mean a repetition of building style, or detailing. Compatibility is based on consideration of a constellation of associated characteristics including building type, the property site plan, building mass and scale, and architectural material and expression. Compatibility comes from an identification of character-defining features of an area, and a designer's thoughtful response to them within the design. (Ord. 01-594 § 2, 2001; Ord. 07-766 § 7, 2007; Ord. 19-1058 § 176, 2019; Ord. 24-16, 6/24/2024)

In approving an administrative permit, the Community Development Director may require alterations to proposed plans, and may impose reasonable and necessary specific design, locational, and operational conditions which are intended to ensure that:

• A. The design, location, size, and operating characteristics of the proposed use and construction is compatible with the existing and future land uses on-site and in the vicinity of the site;

• B. The establishment, maintenance, or operation of the proposed use at the location proposed and within the time periods specified does not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; and

• C. The project shall not impair the integrity and character of the zoning district applicable to the site. (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 177, 2019; Ord. 24-16, 6/24/2024)

Decisions of the Community Development Director may be appealed in compliance with Chapter 19.76 (Appeals). The procedures of Chapter 19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after the approval of an administrative permit.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 178, 2019; Ord. 24-16, 6/24/2024)