ORDINANCE NO. 1183 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY REGARDING CITY-INITIATED SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENTS (Z-S-688) FOR PERMIT STREAMLINING INCLUDING THE CREATION OF ADMINISTRATIVE ACTIONS WHEREAS, the City of Simi Valley has initiated Citywide amendments to the Municipal Code (Z-S-688) for the purpose of implementing Ad Hoc Permit Processing Review Committee permit streamlining measures, including creation of Administrative Actions; and WHEREAS, pursuant to the provisions of Section 15301 of the California Environmental Quality Act, the project qualifies for a Categorical Exemption and a Notice of Exemption was prepared; and WHEREAS, based upon evidence and testimony at the public hearing of November 9, 2011, and the findings contained in the Planning Commission staff report dated November 9, 2011, the Planning Commission recommended the proposed Municipal Code Text Amendments (Z-S-688), to implement permit streamlining measures and create Administrative Actions, to the City Council for approval of Z-S-688. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon evidence and testimony at the public hearing of January 30, 2012, and based on the findings contained in the Planning Commission staff report dated November 9, 2011, and incorporated herein by reference, the City Council approves the Municipal Code Text Amendment (Z-S-688), regarding permit streamlining measures and creation of Administrative Actions. SECTION 2. The changes to Simi Valley Municipal Code as specified in Exhibit A, attached hereto, are hereby approved. SECTION 3. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City and, if applicable, to be posted in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
2 SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. Attest: PASSED and ADOPTED this 13 th day of February 2012. /s/ Wendy K. Green Assistant City Clerk /s/ Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Approved as to Content: /s/ Tracy M. Noonan, City Attorney /s/ Mike Sedell, City Manager /s/ Peter Lyons, Director Department of Environmental Services
3 EXHIBIT A SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENTS The following amends and adds to the setbacks and height provisions for structures in residential and open space zoning districts of SVMC Sections 9-24.050.C and Table 2-3: 9-24.050 - Residential and Open Space District Setback Exceptions The following exceptions apply to the setback requirements shown in Table 2-3. See also Section 9-30.080 (Setback Requirements and Exceptions). C. Rear yard setback requirements. 1. Freeway setback. In all residential zones, where lots and uses back on to the State Route 118 Freeway, rear yard setbacks may be reduced to five feet for all structures, provided no structures shall cumulatively cover more than 40% of any yard. CD. Accessory structure height limits. A Conditional Use Permit shall be required to exceed the height limits established in Table 2-3. The maximum height of any accessory structure shall not exceed the maximum height permitted for a primary structure.
4 TABLE 2-3 - RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS Development Feature Minimum lot size Area Width Maximum density OS Requirement by Zoning District Minimum area and width for parcels proposed in new subdivisions, except where a different requirement is established by Section 9-24.060 40 acres Landscaping As required by Chapter 9-33 (Landscaping Standards). Parking As required by Chapter 9-34 (Parking and Loading Standards). Notes: (1) Within a major subdivision (5 or more lots), average lot width shall be 125 feet, the minimum lot width shall be 80 feet, and 60 feet in a cul-de-sac. (2) Proposed parcels shall not exceed a depth-to-width ratio of 3-to-1. (3) CUP required to exceed height limit. See Section 9-24.050(C). (4) Setbacks may be reduced by up to 50% for residential structures adjacent to Open Space zoning Districts, RSRPD parkland, Homeowners Association (HOA) Greenbelts, or Ventura County Watershed Protection District Channels provided no structures cumulative cover more than 40 percent of the rear yard area. (5) Up to a 10% increase in height for all residences and accessory structures may be granted in accordance with 9-30.060.D.2. RE 1 acre 125 ft (1)(2) Maximum number of dwelling units that may be allowed on a single lot or, where applicable, per acre. The Conditional Use Permit or Planned Development processes may result in fewer units being approved than the maximum allowed. 1 primary unit per 40 acres 1 primary unit per lot Setbacks Minimum and maximum setbacks required. See Section 9-30.080 for setback measurement, allowed projections into setbacks, and exceptions to setbacks. Front Sides (each) Interior & corner Rear Reverse corner, streetside Height limit 50 ft (4) 20 ft 10 ft (4) 20 ft 20 ft (4) Maximum allowed height of structures; see Section 9-30.060 for height measurement and exceptions to these height limits. Primary structure 2 stories, not to exceed 30 ft (5) (3) (5) Accessory structure 18 ft
5 TABLE 2-3 - RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS - Continued Development Feature Minimum lot size Requirement by Zoning District RVL RL RM RMod-Single Minimum area and width for parcels proposed in new subdivisions, except where a different requirement is established by Section 9-24.050. Area 20,000 sf 10,000 sf 8,000 sf 5,000 sf (3) Width 100 ft (1)(3) 80 ft (2)(3) 40 ft (3) 40 ft (3) Setbacks Front (4) (5)(6) (8) Sides (each) Interior Streetside Rear (8) Height limit Primary structure (9) (7) (9) Accessory structure 18 Landscaping Minimum setbacks required. See Section 9-30.080 for setback measurement, allowed projections into setbacks, and exceptions to setbacks. Parking As required by Chapter 9-34 (Parking and Loading Standards). Notes: (1) When the lot is within a major subdivision (5 or more lots) the average lot width shall be 100 feet, the minimum lot width shall be 80 feet, and 40 feet in a cul-de-sac. (2) When the lot is within a major subdivision (5 or more lots) the average lot width shall be 80 feet, the minimum lot width shall be 70 feet, and 40 feet in a cul-de-sac. (3) Proposed parcels shall not exceed a depth-to-width ratio of 3-to-1. (4) Refer to Section 9-24.050(A). (5) Refer to Section 9-24.050(B)(1). (6) When new dwellings are proposed adjacent to a commercially zoned parcel, the distance between habitable structures on each parcel shall be 25 feet, plus 1 additional foot for each foot or portion thereof by which the new structure exceeds 20 feet in height. (7) Nontraditional, nonresidential accessory structures are limited to 10 ft height on lots less than 20,000 square feet. (8) Setbacks may be reduced by up to 50% for residential structures adjacent to Open Space zoning Districts, RSRPD parkland, Homeowners Association (HOA) Greenbelts, or Ventura County Watershed Protection District Channels provided no structures cumulatively cover more than 40 percent of the rear yard area. (9) Up to a 10% increase in height for all residences and accessory structures may be granted in accordance with 9-30.060.D.2. 20 ft 6 ft for 1-story structures; 8 ft for a 1-story element of a 2-story building; 10 ft for a 2- story building wall. 10 ft 20 ft Maximum allowed height of structures; see Section 9-30.060 for height measurement and exceptions to these height limits. 2 stories, not to exceed 30 ft ft As required by Chapter 9-33 (Landscaping Standards).
6 TABLE 2-3 - RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS Continued Development Feature Minimum lot size Area Requirement by Zoning District RMod-Multi RH RVH MH Minimum area and width for parcels proposed in new subdivisions, except where a different requirement is established by Section 9-24.060 5,000 square feet To be determined through subdivision process (1) Width 40 ft (2) Maximum density Setbacks Maximum number of dwelling units that may be allowed on a single lot or, where applicable, per acre. The Conditional Use Permit or Planned Development processes may result in fewer units being approved than the maximum allowed. See Chapter 9-31 for density bonus provisions. 7 units/acre, up to 10 with bonus 15 units/acre, up to 18.75 w/bonus 25 units/acre, up to 50 with bonus See 9-24.060(B)(5) Minimum setbacks required. See Section 9-30.080 for setback measurement, allowed projections into setbacks, and exceptions to setbacks. Front 20 ft 20 ft. An additional 1 ft of setback shall be required for each additional 1 ft or portion of bldg. height over 15 ft. Sides (each) (4) 15 ft (3) Interior (6) Street side Rear (6) Height limit (7) Primary structure Accessory structure (5) Landscaping Parking As required by Chapter 9-34 (Parking and Loading Standards). Notes: (1) Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this Chapter. (2) Proposed parcels should not exceed a depth-to-width ratio of 3-to-1. (3) 15 ft is required side setback for multi-family structures only; 6 ft minimum is required for a 1-story detached single-family dwelling; 10 ft minimum is required for a 2-story detached single-family dwelling, except as provided in Section 9-24.050(B). (4) When new dwellings are proposed adjacent to a commercially zoned parcel, the distance between habitable structures on each parcel shall be 25 feet, plus 1 additional foot for each foot or portion thereof by which the new structure exceeds 20 feet in height. (5) Non-traditional, nonresidential accessory structures are limited to 10 ft height on lots less than 20,000 square feet. (6) Setbacks may be reduced by up to 50% for residential structures adjacent to Open Space zoning Districts, RSRPD parkland, Homeowners Association (HOA) Greenbelts, or Ventura County Watershed Protection District Channels provided no structures cumulative cover more than 40 percent of the rear yard area. (7) Up to a 10% increase in height for all residences and accessory structures may be granted in accordance with 9-30.060.D.2. 20 ft 15 ft 10 ft None required 10 ft 20 ft Maximum allowed height of structures; see Section 9-30.060 for height measurement and exceptions to these height limits. 2 stories, not to exceed 30 ft 3 stories or 40 ft, whichever is less 25 ft 18 ft As required by Chapter 9-33 (Landscaping Standards).
7 The following amends the height provisions for residential fences, walls, and hedges in rear and side yards of SVMC Section 9-30.050.A.2: A. Height requirements. 2. Outside the TSSA, for residential zones only. a. Within the front yard setback, no fence, wall, or hedge shall exceed 42 inches in height and no see-through fence shall exceed six (6) feet in height. A combination of fence, wall, or hedge and see-through fence shall be permitted, said design subject to approval by the Planning Director, in which the solid fence, wall, or hedge does not exceed 42 inches and the total height, including see-through fence, does not exceed six (6) feet in height. However, a maximum six (6)-foot high solid landscaped hedge may be permitted at the side property line with a setback not less than 10 feet from the front property line. Measurement shall be from the top of the highest adjacent grade. Chain-link fences are not allowed, pursuant to Section 9-30.030.A.6.e. Figure 3-2. Maximum Fence Height on Lots Within 20 required front yard setback, 6 maximum high side property line solid Landscaped hedge with 10 setback from front property line. b. Property line fences and walls outside of the front setback, may not exceed six feet in height as measured from the highest adjacent grade, unless authorized by law. c. Retaining walls within the front or street facing side setback may not exceed 36 inches in height. No other garden or retaining walls may be located within three feet of a retaining wall. Measurement shall be from the lowest adjacent grade.
8 Figure 3-3. Retaining Wall Requirements d. The height of a rear or side residential fence(s), wall(s), or hedge(s) may be increased for up to two additional feet for properties abutting arterial street(s) or a residentially zoned property adjacent to a commercially or industrially zoned property. Any change in fence or wall height must be consistent with the existing design theme, colors, and materials. The following amends the height provisions for residential structures of SVMC Section 9-30.060.D: 9-30.060 Height Limits and Exceptions D. Exception to height limits. 1. Roof structures (including mechanical penthouses, chimneys, vents) may exceed the height limits required by the applicable zoning district provided that no additional floor space for the principal use is thereby created. 2. The height of an existing residence or residential accessory structure may be increased up to 10% in height, when it is in the Valley Floor, the site is developed as a detached single-family use, the roof has a minimum slope of 25% (3:12), and the slope increases in height from all property lines.
9 The following amends the setbacks contained in Table 3-2 of SVMC Section 9-30.080.D for accessory structures: D. Setbacks for architectural features and accessory structures. Architectural features and accessory structures require the following setbacks as listed in Table 3-2. TABLE 3-2 SETBACKS FOR ARCHITECTURAL FEATURES AND ACCESSORY STRUCTURES Structure Patio slabs and similar on-grade open space with no construction above grade except handrails, walls, fences, and landscaping 42 inches or less in height Outside stairways, balconies, exterior corridors, and other exterior access facilities Eaves, awnings, sills, cornices, chimneys, and similar architectural features Attached patio roofs and enclosures Detached guest houses, workshops, pool houses and other similar, habitable structures* * Accessory structures shall not cover more than 40 percent of any yard. Minimum Required Setback Front Street Side Side Rear Allowed anywhere 20 feet 1-story = 3 feet 2-story = 8 feet 18 feet 1-story = 3 feet 2-story = 8 feet 18 feet 18 feet 20 feet 5 feet 10 feet Detached garages* 20 feet 5 feet 5 feet Breezeways and similar roofed passageways 20 feet 5 feet 20 feet Covered porches, decks and similar raised above grade structures 30 inches or less above grade* Gazebos, carports, sheds, and similar nonresidential structures that are freestanding* Open-Designed structures without solid walls as defined in SVMC 9-80.020* Rock-type waterfalls, waterslides, climbing walls, or skateboard ramps, and similar nontraditional nonresidential structures* 14 feet 5 feet 14 feet 20 feet 3 feet 20 feet 10 feet 1.5 feet 20 feet 5 feet Swimming pools, hot tubs, and Jacuzzis 20 feet 3 feet Accessory mechanical equipment (e.g., air conditioning and heating equipment) 20 feet 5 feet 3 feet, Except edge of combustion product vent to be a minimum of 4 feet
10 The following amends the parking requirements for outdoor dining, coffee houses, and take-out restaurants contained in Table 3-4 of SVMC Section 9-34.060: 9-34.060 - Parking Space Requirements Off-street parking spaces for uses in all zoning districts shall be provided in compliance with Table 3-4 (Parking Requirements by Land Use), below. TABLE 3-4 - PARKING REQUIREMENTS BY LAND USE Land Use Type Vehicle Spaces Required Eating and drinking places with no on-site consumption of food or beverages, or primarily takeout service Coffee house (primarily coffee/tea sales) or bakery as the primary use where no table service is provided Outdoor Dining (accessory) to an existing restaurant or food retailer comprising no more than 15 percent of the gross floor area 1 space per 250 feet of gross floor area. 1 space per 250 feet of gross floor area. No additional parking required. Outdoor Dining (accessory) to an existing restaurant or food retailer, within a shopping center of 70,000 No additional parking required. square feet or larger, comprising no more than 30 percent of the gross floor area Designated storage areas, as shown on the floor plan, within a commercial use 1 space per 500 feet of gross floor area of the designated storage space. The following amends the parking requirements for handicapped parking of SVMC Section 9-34.070.B when reduced parking results from required accessibility changes: 9-34.070 Miscellaneous Provisions B. Handicapped parking spaces. For all multi-family commercial, and industrial projects, handicapped parking spaces shall be designed and designated specifically for use by handicapped persons in compliance with State law (California Administrative Code Title 24). The parking requirements of an existing use or site may be reduced, where the reduction is necessary to allow for newly required handicapped parking and/or access, as required by the California Building Code.
11 The following appends the exceptions for Tree Reports and Tree Removal Permits for tree removals less than $1,000, not including oak trees, of SVMC Section 9-38.090 (Exceptions): Chapter 9-38 Tree Preservation, Cutting, and Removal 9-38.090 Exceptions The following activities are exempt from the provisions of this Chapter: J. Values of Less than $1,000. When tree removals do not include oak trees and the City s Landscape Architect has determined that the total value is less than $1,000, a Tree Report and Tree Removal Permit shall not be required. The Director shall require the tree s value be replaced on the site. The following amendments are proposed to change Adjustments to Administrative Actions within the Table of Contents for Article 5, Chapter 9-52, and Section 9-50.030 (Concurrent Permit Processing): The table of contents would be changed as follows: Chapter 9-52 Permit Review, Approval, Disapproval or Modification 9-52.030 Adjustments Administrative Actions Section 9-50.030 would be amended as follows: 9-50.030 Concurrent Permit Processing When a project requires a concurrent legislative action, such as a General Plan Amendment or a Zoning Map Amendment, as well as one or more permits under this Chapter, the final decision shall be made by the Council on all of the components, after a recommendation by the Commission.
12 TABLE 5-1 - REVIEW AUTHORITY Type of Approval Role of Review Authority (1) See Section Director Planning Commission City Council Adjustments Administrative Actions 9-52.030 Decision (2) Appeal Appeal Administrative Planned Development Permits Administrative Conditional Use Permits 9-52.050 Decision (2) Appeal Appeal 9-52.070 Decision (2) Appeal Appeal Administrative Variances 9-52.090 Decision (2) Appeal Appeal Conditional Use Permits 9-52.070 Decision Appeal Cluster Development Permits 9-52.040 Decision Appeal Development Agreements 9-54 Recommend Decision Development Code Amendments 9-73 Recommend Decision General Plan Amendments 9-73 Recommend Decision Interpretations 9-02 Decision (2) Appeal Appeal Modifications to Approved Projects 9-52.100 Decision (2) Decision Appeal Planned Development Permits (3) 9-52.050 Decision Appeal Reasonable Accommodation Requests 9-52.110 Decision (2) Appeal Appeal Rehabilitation Permits 9-52.060 Decision (2) Decision Appeal Rehabilitation Sign Permits 9-52.060 Decision (2) Appeal Appeal Sign Permits 9-37 Decision (2) Specific Plans 9-56 Recommend Decision Temporary Use Permits 9-52.080 Decision (2) Appeal Appeal Variances 9-52.090 Decision Appeal Zoning Clearances 9-52.020 Issued Zoning Map Amendments 9-73 Recommend Decision Notes: (1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 9-76 (Appeals); and "Issued" means the Director is authorized to grant the nondiscretionary permit. (2) The Director may defer action on permit applications and refer the items to the Commission for the final decision. (3) Projects including affordable units are recommended to the City Council by the Planning Commission.
13 The following changes revise Adjustments to Administrative Actions and change two items that required Adjustments to a Zoning Clearance within Section 9-52.020.B.2 (Zoning Clearances, Applicability) and 9-52.030 (Adjustments): 9-52.020 Zoning Clearances B. Applicability 2. An application for a Zoning Clearance shall be required for the following: a. To allow a "reconfiguration" of an architectural feature which does not modify the previously approved theme or plan for an approved development project; b. To allow the movement, of up to five feet, of the approved building footprint within the buildable area of a project site for an approved development project; c. To allow the replacement of one approved model floor plan (e.g., model home) with another approved model floor plan, on an approved map or site plan, as long as the replacement floor plan was for the same, or less, number of stories; d. To allow restriping of a parking lot which does not decrease the number of parking spaces required for an approved development project; e. To allow color and material board changes that are consistent with the original approval for a completed residential, commercial, or industrial development project; f. To allow the addition of accessory structures (up to a maximum of 150 square feet total for all accessory structures) to an approved commercial or industrial development project; g. To allow the adjustment or expansion of a building footprint not to exceed 10 percent of the existing (or previously approved) footprint, or 1,000 square feet, whichever is less; h. For projects over 10 acres, if the final grade of a grading plan, or the final grade as a result of an adjustment in the field, differs from what the applicable review authority approved by no more than one foot in the exterior when located adjacent to existing development, and by no more than three feet on the interior, the grading may be approved by a Zoning Clearance, subject to
14 confirmation by the City Engineer that the above identified criteria have been met; and i. For projects 10 acres or less, if the final grade of a grading plan, or the final grade as a result of an adjustment in the field, differs from what the applicable review authority approved by not more than one foot on the interior or exterior of the project, the grading may be approved by a Zoning Clearance, subject to confirmation by the City Engineer that the above identified criteria have been met; j. To allow the introduction of a new model floor plan (e.g., model home) to an approved residential development project; k. To allow outdoor storage accessory to an existing permitted use, within the CI, CPD, CR, LI, and GI Zones, pursuant to Section 9-44.110 (Outdoor Storage); jl. km. If the request exceeds the above listed thresholds, an Administrative Adjustment Action would be required, in compliance with Section 9-52.030; and To allow construction of one single-family, detached dwelling unit on one lot. 9-52.030 Adjustments Administrative Actions A. Purpose. This Section allows for adjustments Administrative Actions which authorize the Director to approve minor requests that have historically resulted in no, or very minimal, impacts on adjacent structures and the surrounding neighborhood if implemented in compliance with the provisions, requirements, and standards of this Development Code. B. Applicability and Findings. An application for an adjustment Administrative Action shall be required for the following:, and subject to the criteria and findings specified herein: 1. To allow the addition of a small outdoor recycle collection facility, when the Director finds: a. The facility is in conformance with the definition of a Collection Facility for Recyclable Materials (Small), per Section 9-80.020; b. The proposed project qualifies for an exemption under the California Environmental Quality Act; and,
15 c. The proper standards and conditions have been imposed which protect the public health, safety, and welfare. 2. If the final grade of a grading plan, or the final grade as a result of an adjustment in the field, for projects of all sizes located adjacent to an existing development, differs from what the applicable review authority approved by no more than two feet in the exterior or four feet in the interior of a subdivision or other development project, the grading may be approved by an Adjustment, subject to confirmation by the City Engineer that the above identified criteria have been met. 3. To allow color and material board changes (e.g., changes that are not consistent with the original approval) for a completed multi-family, commercial, or industrial development project. 4. To allow the introduction of awnings into a retail commercial center that did not previously have or allow awnings. 5. To allow the introduction of "neon accents" into a retail commercial center that did not previously have or allow neon accents. 6. To allow the introduction of a new model floor plan (e.g., model home) to an approved residential development project. 7. To allow a remodel of an existing commercial center without increasing the total floor area by more than 10 percent. 8. To allow outdoor storage accessory to an existing permitted use, within the CI, CPD, CR, LI and GI Zones, pursuant to Section 9-44.110 (Outdoor Storage). 2. To allow those uses that require a Conditional Use Permit, within existing spaces of 3,000 square feet of total gross floor area or less, when the Director finds: a. The use is situated entirely within a structure approved with a Planned Development Permit or Conditional Use Permit; b. For vehicle related uses, no vehicle access roll-up doors are facing the street or residential areas; c. The proposed project qualifies for an exemption under the California Environmental Quality Act; and, d. The proper standards and conditions have been imposed which protect the public health, safety, and welfare.
16 3. To allow an addition or reduction to a building(s), allow the movement of a building footprint, and/or allow elevation, floor, site and/or landscape plan change(s), for an approved residential, commercial, or industrial development, when the Director finds: a. The change(s) or substitution(s) are consistent with the approved design theme of the project and City-adopted design guidelines; b. The change is within the existing buildable pad area of project site; c. The change does not exceed 25 percent of the project s gross square footage; d. The proposed project qualifies for an exemption under the California Environmental Quality Act; and, e. The proper standards and conditions have been imposed which protect the public health, safety, and welfare. 4. To allow the addition of an accessory structure(s), within an approved multi-family residential, commercial, or industrial development project, when the Director finds: a. The accessory structure is consistent with the design theme of the project and City-adopted design guidelines; b. The accessory structure is within the buildable area of existing project site; c. The accessory structure does not exceed 25 percent of the principal building s gross square footage, up to maximum of 2,500 square feet; d. The proposed project qualifies for an exemption under the California Environmental Quality Act; and, e. The proper standards and conditions have been imposed which protect the public health, safety, and welfare. C. Application requirements. An application for an Administrative Adjustment Action shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department. D. Review authority. The Director may grant an Administrative Adjustment Action, or may defer action and refer the application to the Commission.
17 E. Project review, notice and hearing. 1. Each Administrative Adjustment Action application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. 2. Administrative Adjustments Actions that do not substantially affect any property rights of others may be approved by the Director, without a public hearing. However, Appeals of Administrative Adjustment Action decisions require a noticed public hearing. 3. The Director shall conduct a public hearing, unless exempted by Subsection (E)(2), immediately above, on an application for an Administrative Adjustment Action before the approval or disapproval of the permit. 4. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings). F. Findings and Ddecision. Following a public hearing (if applicable), the Director may approve, conditionally approve, or disapprove an application for an Administrative Adjustment Action if the Director makes the applicable findings. and shall record the decision and the findings upon which the decision is based. The Director may approve an Administrative Adjustment Action only after first finding that the proposed development or improvement would: 1. Be in full compliance with all previously issued conditions of approval; 2. Be in full compliance with this Development Code and the Municipal Code; 3. Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan; 4. Ensure consistency with applicable City-adopted design guidelines; and 5. Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare. G. Conditions of approval. In approving an Administrative Adjustment Action, the Director may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F (Findings and decision) B (Applicability and Findings), above.
18 H. Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on an Administrative Adjustment Action application. The following changes revise certain Administrative Conditional Use Permit requirements now covered in Administrative Actions within Section 9-52.070.E.1 (Conditional Use Permits, Administrative Conditional Use Permits): 9-52.070 Conditional Use Permits E. Administrative Conditional Use Permits. Administrative Conditional Use Permits may be granted for only the following land use activities: 9-52.090 Variances 1. To allow a use within a site covered by an approved Planned Development Permit, consisting of a maximum of 3,001-10,000 square feet of total gross floor area. The following changes are proposed to revise certain Administrative Variances of SVMC Section 9-52.090.2 Table 5-4 (Variances, Allowable Administrative Variances) now covered in Administrative Actions: 2. Administrative Variances. b. An Administrative Variance may govern only the development standards identified in Table 5-4, below. TABLE 5-4 - ALLOWABLE ADMINISTRATIVE VARIANCES Types of Administrative Variances Allowed a. Area requirements. A decrease in the minimum area requirements. (Not including minimum parcel area requirements - see b., below.) b. Fence or walls. The construction of fences, gates, pilasters, or walls in the side and rear yards which exceed six feet in height and do not exceed eight feet in height. cb. Parcel (lot) area. A decrease in the minimum required parcel area or size. dc. Parcel (lot or site) coverage. An increase in the maximum allowable parcel coverage. ed. Parcel dimensions. A decrease in the minimum required parcel dimensions. fe. Parking lot standards. A decrease in the minimum parking lot and loading standards (e.g., aisle, driveway, and space widths). Variation 10 percent Up to a 2 foot increase 10 percent 5 percent 10 percent 10 percent g. Setback areas. A decrease in the required setbacks. 10 percent h. Structure height. An increase in the maximum allowable structure height. 10 percent
19 The following changes are proposed to remove Minor changes from the Modification of an Approved Project within SVMC Section 9-52.100 as it has been replaced by Administrative Actions: 9-52.100 - Modification of an Approved Project Development or a new land use authorized through a permit granted in compliance with this Development Code shall be established only as approved by the applicable review authority and subject to any conditions of permit approval, except where changes to the project are approved in compliance with this Section. A. Request for modification. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use. The following categories of changes are available to the applicant: 1. Minor changes are identified in Subsection B (Minor changes), below; or 2. Administrative Adjustments Actions are identified in Section 9-52.030.; or 32. Modifications are identified in Subsection CB (Modifications), below. B. Minor changes. 1. Criteria. The Director may approve minor changes to an approved site plan, architecture, landscape plan, or the nature of the approved use only if the changes comply with all of the following: a. Are consistent with all applicable provisions of this Development Code; b. Do not involve a feature of the project that was specifically addressed in, or was a basis for findings in a Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) for the project; c. Do not involve a feature of the project that was specifically addressed in, or was a basis for conditions of approval for the project or that was a specific consideration by the applicable review authority in the approval of the permit; d. Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project; and e. For commercial and industrial projects, include only minor tree substitutions or replacements with tree species shown on the approved landscape plan or be trees included on the City's approved tree list.
20 C. Modifications. Changes to the project that do not comply with Subsection B (Minor changes), above, or with Section 9-52.030 (Administrative AdjustmentsActions), shall only be approved by the Director through a modification application, in compliance with Subsections 1 through 7 below. The following changes are proposed to add to SVMC Section 9-76.060.1 the appeal period of 10 days for Administrative Actions. 9-76.060 Application Filing, Processing, Review of, and Action on Appeals 1. Appeal Period. The appeal period for all appeals (except for those listed below) to the City review authorities shall be 14 days (or the following workday if the appeal period ends on a day when the City Hall is closed) after the vote is taken by the applicable review authority. Specified appeal applications shall be submitted by the following deadlines: a. General Plan and Specific Plan amendments: Five days. b. Tentative Tract Maps and Land Divisions: 10 days. c. Administrative Actions: 10 days. The following definition is proposed to be added to SVMC Section 9-80.020: 9-80.020 Definitions/Glossary Structure. 3. Open-Designed. An accessory structure without solid walls such as a gazebo, patio cover, or arbor, and do not include raised decks, platforms, or play equipment.