Chapter 18.50
ADMINISTRATIVE ADJUSTMENTS

Sections:

18.50.010    Purpose.

18.50.020    Allowable administrative adjustments.

18.50.030    Conditions necessary to granting an administrative adjustment.

18.50.040    Procedure.

18.50.010 Purpose.

This chapter allows minor adjustments from the property development standards of the zoning provisions of this title when there are special circumstances, practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this title through the strict and literal interpretation and enforcement of the provisions herewith. (Ord. 1762 § 1 (part), 2015)

18.50.020 Allowable administrative adjustments.

Administrative adjustments as specified herein may be approved or conditionally approved as set forth in this chapter for the following items; provided, that the adjustment does not violate any provisions adopted pursuant to Chapter 8.08 or 15.04:

A. Off-street parking and loading requirements – of up to fifteen percent.

B. Setback requirements – of up to twenty percent.

C. Landscape standards – of up to twenty percent.

D. Projections into setbacks – of up to twenty percent.

Administrative adjustments may not be used in conjunction with any other variance or reduction in standards. (Ord. 1762 § 1 (part), 2015)

18.50.030 Conditions necessary to granting an administrative adjustment.

In order to grant an administrative adjustment the following findings must be made:

A. There are special circumstances, practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of the city’s zoning provisions through the strict and literal interpretation and enforcement of the above provisions. Special circumstances include, but are not limited to, nonconforming lot sizes and properties previously developed to different development standards where there is no room for modification without substantial alteration or demolition of existing structures;

B. That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located;

C. That the proposed adjustment is necessary in order that the applicant not be unreasonably deprived the use or enjoyment of his property;

D. The proposed adjustment is consistent with this title; and

E. The proposed adjustment is consistent with the general plan. (Ord. 1762 § 1 (part), 2015)

18.50.040 Procedure.

A. Applications.

1. An application for an administrative adjustment shall be filed with the community development department by the owner of the property for which the adjustment is sought or by the authorized representative of the property owner.

2. The application shall be made on forms furnished by the city and shall include a legal description of the property.

3. The application shall be accompanied by adequate plans which allow for detailed review.

4. The application shall set forth in detail the reasons for the requested adjustment, present written evidence that the conditions set forth in Section 18.50.030 are satisfied, and shall provide other information as may be required to assist in determining the validity of the request.

B. Filing Fees.

1. Administrative adjustment applications shall be accompanied by a filing fee established by city council resolution for the purpose of defraying the costs of processing the application.

2. An application to amend or modify a previously approved administrative adjustment shall be accompanied by a filing fee established by city council resolution to cover the costs of processing such application.

3. An investigation shall be conducted by all departments of the city which may have an interest in, or jurisdiction over, the matter in order to provide the information necessary for action consistent with the intent and purpose of this chapter.

C. Approving Authority – Community Development Director. The community development director shall be the approving authority if the administrative adjustment application is not being requested in conjunction with any other entitlement that requires review or approval by the planning commission.

1. Prior to the community development director making a decision, written notice of the application shall be sent to owners of all properties adjacent to and directly across the street from the exterior boundaries of the subject property, as shown on the county’s latest equalized assessment roll. If the project site is located within a multiple-tenant residential, commercial, or industrial center, all tenants and property owners shall also receive notice of the application. The notice shall specify the date by which objections or other comments to the application should be filed with the community development director, which date shall be at least ten working days from the date the notice is mailed.

2. If objections are received which cannot be resolved by the community development director, the matter shall be referred to the planning commission.

3. The community development director’s decision shall be made and mailed to the applicant and anyone who filed written objections or comments on the application within thirty days after the application is determined to be complete. The decision shall set forth the facts and reasons for the granting, denial, or referral to the planning commission of the administrative adjustment. The director may impose reasonable conditions.

4. The community development director’s decision shall be considered final unless appealed as provided for in Chapter 18.72.

D. Approving Authority – Planning Commission. The planning commission shall be the approving authority in the circumstances set forth below. In such cases, the planning commission will notice and hear the matter in accordance with Sections 18.48.030(D), (E) and (F) and shall base its decision on the factors set forth in Section 18.50.030.

1. The planning commission shall be the approving authority if objections are received and cannot be resolved pursuant to subsection C of this section.

2. The planning commission shall be the approving authority if the administrative adjustment application is being processed in conjunction with a separate entitlement that requires planning commission review or approval.

3. The planning commission’s decision shall be considered final unless appealed as provided for in Chapter 18.72.

E. Time Limits for Development. The construction or occupancy of land or buildings granted under the administrative adjustment shall be utilized within a period not to exceed twelve months from and after the date of approval, and if not so developed and utilized, such administrative adjustment shall automatically become null and void at the expiration of such period. The permittee may apply in writing to the community development director for a one-time extension, not to exceed six months, prior to the expiration of the utilization period. Only one such extension shall be permitted. (Ord. 1762 § 1 (part), 2015)