Zoneomics Logo
search icon

Yorba Linda City Zoning Code

CHAPTER 18

38 ZONING ADMINISTRATOR

§ 18.38.010 Created.

The office of Zoning Administrator is created pursuant to the authority granted cities under Section 65900 of the Government Code of the State of California.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.38.020 Purpose.

The office of Zoning Administrator is created to:
A. 
Improve the general administration of the City's zoning regulations.
B. 
Improve efficiency in the processing of certain variances, conditional use permits, and other entitlements as specified in this chapter.
C. 
Provide an expeditious method by which minor adjustments from the requirements of zoning regulations may be decided.
D. 
Relieve the Planning Commission and City Council from the performance of routine matters which divert those bodies from the major planning and zoning functions entrusted to them by the Yorba Linda Municipal Code and the laws of the State of California.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.38.030 Appointment.

The Community Development Director, or designee, shall appoint the Zoning Administrator and such alternate persons to act for, and on behalf of, the Zoning Administrator during his or her absence.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.38.040 Authority.

Subject to the general control and supervision of the Community Development Director, the Zoning Administrator shall have the authority to grant certain conditional use permits, variances, administrative adjustments, lot line adjustments, and any other matters as specified herein.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.38.050 Conditional use permits.

The Zoning Administrator shall have authority to determine the following conditional use permits subject to the criteria set forth in Chapter 18.36 Article 3.
A. 
In any R zone, a two-story building or two-story room addition closer than 70 feet to an existing single-family residence, per Section 18.10.100.B. The Zoning Administrator shall make the mandatory findings as a prerequisite to approving any conditional use permit as follows:
1. 
That the two-story construction does not result in any significant loss of privacy for adjacent residences in a manner that would compromise the neighbors' ability to obtain reasonable and enjoyable use of their own property;
2. 
For a building addition, that the design of the two-story construction be architecturally integrated with that of the existing house as to be made to appear as part of the original construction;
3. 
That the design of the structure is sensitive to its environs such that it is architecturally compatible with its neighborhood;
4. 
For any second story addition to any attached single-family structure, the Zoning Administrator shall encourage construction which has the least impact on the neighboring attached dwelling units and which is most structurally sound.
B. 
In any zone, a solar energy system not in conformance with the listed development standards for that zone.
C. 
Accessory structures and uses located on the same site as a conditional use per Section 18.10.120.
D. 
Any two-story gazebo, palapa, pavilion, or similar open-air canopy structure, any second story deck/balcony addition, including landings and stairs, or any single-story canopy structure that is 24 feet in height or higher.
E. 
Recreational courts as per the criteria established in Section 18.20.200.
F. 
Recycling centers, including bulk reverse vending machines, roll-off recycling bins, small collection facilities, large collection facilities, and heavy processing facilities, but exclusive of single feed reverse vending machines, as per the criteria established in Section 18.32.070.
G. 
A large family day care facility subject to approval of a modified conditional use permit, and provided the application complies with the criteria set forth in Chapter 18.20.730.B and the following noticing procedures:
1. 
Notice is sent to all property owners of record within a distance of 100 feet of the subject property boundary.
2. 
No public hearing shall be held, unless requested by the applicant or other affected person.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.38.060 Variances.

The Zoning Administrator shall have the authority to determine the following applications for variances subject to the criteria set forth in Article 5 of Chapter 18.36:
A. 
Alterations to existing structures which already do not conform to yard, areas and height restrictions.
B. 
The location of accessory buildings which do not conform to the requirements of this title.
C. 
Fence or wall height adjustments not eligible for consideration as a conditional use permit.
D. 
Parking lot design standards per Section 18.22.040 of this title.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.38.070 Administrative adjustments.

The Zoning Administrator shall have the authority to determine applications for administrative adjustment permits in appropriate cases and where the basic criteria for the permits are met. The following shall be deemed to constitute administrative adjustments which may be considered by the Zoning Administrator, without the requirement for public hearing as per Article 4 of Chapter 18.36:
A. 
A decrease of not more than 10 percent of the required building site area, width, depth, or lot coverage.
B. 
A decrease of not more than 20 percent of the required width of a side yard or the yard between buildings.
C. 
A decrease of not more than 15 percent of the required front or rear yard with the combined total not to exceed 20 percent, as required by Chapter 18.10.
D. 
An increase of no more than 10 percent of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces into any required front, rear, side or yard between buildings.
E. 
An increase of not more than 10 percent of the permitted building height, or height or area of signs.
F. 
In any zone, any fence or wall not in conformance with the height requirements of that zone, up to a maximum of 20 percent over the prescribed standard, and/or retaining walls up to a maximum height of nine feet, except the following:
1. 
For any wall or fence that abuts a public street, the maximum height of the wall visible to the street shall not exceed six feet high. Administrative adjustments pertaining to this requirement may only be approved by the Planning Commission.
2. 
Any wall or fence within the front yard setback exceeding 36 inches in height shall first be reviewed and approved by the City Traffic Engineer prior to approval of an administrative adjustment by the Zoning Administrator.
G. 
Adjustment from the requirements pertaining to satellite antennas, as set forth in Article 10 of Chapter 18.20.
H. 
Reduction and/or modification to location of mechanical, air-conditioning, pool equipment in any residential zone.
I. 
Modifications to development standards in any zone for individuals with disabilities in accordance with the provisions of Section 18.36.340.
J. 
Adjustments to site development standards which have been incorporated into tentative tract maps.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.38.080 Zoning administrator procedures.

A. 
Determination on Applications. The Zoning Administrator may approve, conditionally approve, deny, or continue, for reasonable cause, any application described in this section.
B. 
Referral to the Planning Commission. The Zoning Administrator may choose to refer any application described in this section to the Planning Commission when the Zoning Administrator determines that the general public interest warrants such referral. When any application described in this section is in conjunction with, and a part of, a project which requires Planning Commission action as a normal course, such application shall automatically be referred to the Planning Commission.
C. 
Public Hearings. The Zoning Administrator shall hold public hearings as required for conditional use permits and variances, and for time extension requests for any item initially approved via a public hearing. The hearings shall be set and notice given as prescribed in Article 8 of Chapter 18.36.
D. 
Appeals. All determinations by the Zoning Administrator may be appealed to the Planning Commission by the applicant or other party in accordance with the timing and procedures as stipulated per Article 9 of Chapter 18.36.
E. 
Code Violations. Any application received for action by the Zoning Administrator per this chapter, and for which there is a known code violation, or for which a code enforcement action is pending, the Zoning Administrator may delay action to approve the application request until such time as the code violation is corrected or may approve the application subject to condition that the code violation be corrected.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.38.090 Adoption of rules and regulations.

The Zoning Administrator shall adopt rules and regulations to govern the procedures at the public meeting and is to set a time for such meetings as he or she may determine for any application.
(Ord. 2004-884; Ord. 2019-1056 § 3)

§ 18.38.100 Approval lapse.

A permit and/or adjustment approved by the Zoning Administrator shall lapse and shall be void one year following the date upon which the application was approved, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion. A one year extension of time may be approved by the Zoning Administrator provided that a written request from the applicant is received prior to the permit expiration.
(Ord. 2004-884; Ord. 2019-1056 § 3)