§ 18.62.040. ADMINISTRATIVE ADJUSTMENTS.

.010 Review Authority. Administrative adjustments are waivers of certain development standards as specified herein. The Planning Director, subject to the limitations of this section, may grant administrative adjustments, provided, however, that not more than two (2) such adjustments shall be approved for any individual project. If more than two (2) adjustments are requested for any individual project, such request shall be processed by the Planning Commission as a variance in accordance with the procedures in Chapter 18.74 (Variances). For properties with uses or structures made nonconforming by a public acquisition in accordance with Section 18.56.130 (Uses and Structures made Nonconforming By Public Acquisition), the Planning Director may grant more than two (2) such adjustments without requiring a variance subject to the required findings in Section 18.62.040.050, provided that an application for such adjustments is filed with the Planning Department within a time period of ten (10) years from the date said property becomes nonconforming by a public acquisition. The Planning Director may refer any administrative adjustment application to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews).

.020 Types of Adjustments. Administrative adjustments may be approved or conditionally approved by the Planning Director in the following matters:

.0201 Dimensional requirements for front setbacks: up to twenty percent (20%).

.0202 Parking requirements:

.01 A deviation of 20% or less from the requirements of Section 18.42.040 may be processed subject to Section 18.42.050 (Location of Parking and Off-Site Parking Arrangements) and Section 18.42.120 (Off-Site Parking Permits).

.02 A deviation of up to 50% for a hotel or motel within the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zone, the Anaheim Resort Specific Plan No. 92-1 (SP 92-2) Zone, and the Hotel Circle Specific Plan No. 93-1 (SP 93-1) that incorporates dedicated parking and loading for Transportation Network Company vehicles.

.0203 Maximum wall and fence height increases to eight (8) feet within required side, rear, or interior setbacks in Single-Family Residential Zones subject to the required findings of Section 18.74.060.

.0204 All other dimensional or percentage limitations or requirements of this Title, except residential floor area: a maximum deviation of ten percent (10%).

.0205 Maximum height requirements for fences, walls, hedges and berms in any required structural setback or yard in any non-residential zone separating any non-residential from an adjacent residential zone where the additional height is required to minimize negative impacts to the residential use.

.0206 Reconstruction of structures accessory to historic residences in conformance with subsection 18.56.040.060.

.0207 Garage location and access requirements.

.0208 Parking requirements subject to the provision of Section 18.42.110 (Parking Variances) and Section 18.42.050 (Location of Parking and Off-Site Parking Arrangements) of Chapter 18.42 (Parking and Loading).

.0209 Maximum area of allowable wall signs subject to the limitations of Section 18.44.110.010 (Wall Signs and Other Types of Signs): a deviation of up to twenty percent (20%) may be approved by the Planning Director.

.030 Procedures. A letter requesting an adjustment shall be submitted to the Planning Department along with a site plan; and, any other information as deemed necessary by the Planning Director.

.040 Fees. Applications for an administrative adjustment shall be accompanied by the payment of a fee per Chapter 18.80 (Fees).

.050 Findings. The Planning Director shall make the following findings in order to approve an administrative adjustment:

.0501 The adjustment is consistent with the purposes and intent of the Zoning Code;

.0502 The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment;

.0503 The adjustment will not produce a result that is out of character or detrimental to the neighborhood.

.0504 Prior to approving more than two adjustments for properties with uses or structures made nonconforming by public acquisition in accordance with Section 18.56.130 (Uses And Structures made Nonconforming By Public Acquisition), the Planning Director shall make the following additional findings:

.01 The adjustment is directly related to and further mitigates impacts caused by the public acquisition.

.02 The adjustment would bring the property closer to overall conformance with the purposes and intent of the Zoning Code.

.060 Conditions. The Planning Director may attach conditions necessary to protect the public health, welfare and safety.

.070 Decision. The decision of the Planning Director on an administrative adjustment becomes final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures).

(Ord. 5920 1 (part); June 8, 2004: Ord. 6031 § 54; August 22, 2006: Ord. 6101 § 57; April 22, 2008: Ord. 6156 § 37; September 22, 2009: Ord. 6209 § 2; May 3, 2011: Ord. 6245 §§ 87, 88; June 5, 2012: Ord. 6399 § 6; March 7, 2017: Ord. 6425 § 26; December 19, 2017: Ord. 6461 § 26; April 16, 2019: Ord. 6473 § 39; December 3, 2019.)