Part 7 — ADMINISTRATIVE ADJUSTMENT

California Gov’t Code § 65906 establishes the authority of the city to grant exception to the development standards and provisions of this chapter in cases where, because of special circumstances applicable to the property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. The administrative adjustment permits limited exceptions to certain development standards to be granted.

(Ord. 1346, passed 5-2-12)

An administrative adjustment application shall be filed by a property owner or authorized agent of the property owner whenever any one of the following deviations from the provisions of this Zoning Code is proposed:

• (A) Condition of approval. Minor deviation from a condition of approval for an approved variance, conditional use permit or development agreement, as detailed in § 153.210.130.

• (B) Lot width. Reduction in lot width of 5% or less.

• (C) Side or rear yard. Reduction in the dimensions of a side or rear yard of 20% or less.

• (D) Street frontage. Reduction in street frontage of 5% or less.

• (E) Distance between buildings. Reduction in the distance between buildings of 20% or less.

• (F) Sign face area. Increase in sign face area for a monument, freestanding or wall sign of 10% or less.

• (G) Fence or wall height. Adjustment in the height of a fence or wall of 20% or less.

• (H) Street side yard fence height - residential zone. Increase in the height of a street side yard fence of two feet or less in a residential zone.

• (I) Street side yard fence height - nonresidential zone. Increase in the height of a street side yard fence of two feet or less in a commercial or industrial zone.

(J) Parking spaces. Adjustment in the number of required parking spaces of 10% or fewer.

(K) Other standards. A reduction in any other numeric development standard, excluding density, lot area or floor area, not exceeding 10%.

(Ord. 1346, passed 5-2-12)

Applications for an administrative adjustment shall be processed in accordance with these regulations.

(A) Review authority. The Zoning Administrator shall consider the determinations detailed in § 153.210.380, and resolve to approve, conditionally approve or deny the adjustment. Such determination shall be supported by written findings.

(B) Public hearing. The Zoning Administrator may also forward the application to the Planning Commission in order to set the matter for a public hearing. The Planning Commission shall then conduct a public hearing, consider the determinations detailed in § 153.210.380, and resolve to approve, conditionally approve or deny the permit by not less than a majority of its voting members. Any action shall be supported by written findings. (Ord. 1346, passed 5-2-12)

The Zoning Administrator, or Planning Commission upon referral, may approve and/or modify an administrative adjustment application in whole or in part, with or without conditions, if the applicant can demonstrate that the circumstances of the particular case can justify making the following findings.

(A) Zone. The requested adjustment will not interfere with the purpose and intent of the regulations for the zone in which the property is located.

(B) Adjacent property. The approval or conditional approval of the adjustment will not be injurious to adjacent property.

(C) General Plan. The approval or conditional approval of the adjustment will promote the general welfare and will not adversely affect the general plan of the city.

(D) Superior design. The plans for construction and/or development resulting from approval or conditional approval of the adjustment results in a superior design solution which enhances the visual quality, use and function of the site and surrounding area.

(E) Special circumstances. There are special circumstances which reduce parking demand associated with the operation of a use and therefore justify a deviation in the minimum required number of parking stalls. (Ord. 1346, passed 5-2-12)

The authorized signature of the Zoning Administrator, Planning Commission or the Appeal Authority if the permit was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval of an administrative

adjustment. (Ord. 1346, passed 5-2-12)