Chapter 18.71
Permit Review and Decisions
Sections:
18.71.060 Use Permit and Minor Use Permit
18.71.070 Variance and Administrative Variance
18.71.090 Planned Development Permit
18.71.010 - Purpose of Chapter
A. Permit review procedures. This Chapter provides procedures for the final review, and approval or disapproval of the Planning Permit applications established by this Development Code.
B. Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 8 (Subdivision Regulations and Procedures).
C. Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Chapter 18.70 (Permit Application Filing and Processing), for each application.
(Ord. 930, § 2, passed 06-12-2017)
18.71.020 - Zoning Clearance
A. Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure complies with the list of activities allowed in the applicable zoning district, and the development standards applicable to the use.
B. Applicability. Where Article 2 (Zoning Districts and Allowable Land Uses) or other provision of this Development Code requires a Zoning Clearance as a prerequisite to establishing a land use, the Zoning Clearance shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this Development Code for the proposed use.
C. Review and approval. The Director shall issue the Zoning Clearance after first determining that the request complies with all Development Code provisions applicable to the proposed use. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.
(Ord. 930, § 2, passed 06-12-2017)
18.71.030 - Limited Term Permit
A. Purpose. This Section establishes procedures and standards for the granting of Limited Term Permits for short-term activities. Compliance with applicable standards ensures that the establishment, maintenance or operation of the short-term activity would not be detrimental to the public health, safety, and welfare of persons residing or working in the neighborhood of the proposed activity.
B. Minor short-term activities. A Limited Term Permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.
C. Limited Term Permit required. Short-term activities shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Limited Term Permit.
D. Review authority. Limited Term Permits may be reviewed and approved or disapproved administratively by the Director, in compliance with this Section.
E. Exempt short-term activities. The following short-term activities are allowed without the necessity of obtaining a Limited Term Permit. Short-term activities that do not fall within the following categories shall comply with Subsection (F) of this Section (Allowed short-term activities):
1. Construction yards - On site. On-site contractors’ construction yards for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever first occurs.
2. Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the City Manager.
3. Events on sites approved for public assembly. An event on the site of, or within, a golf course, religious facility, school, theater, meeting hall, or other similar facility designed and approved by the City for public assembly.
4. Fund-raising car washes.
a. Car washes on property within a commercial, industrial, or institutional zoning district, limited to a maximum of 2 days per month for each sponsoring organization.
b. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
5. Garage sales. Garage sales, not to exceed 3 per year and 2 consecutive days.
6. Public property or public right-of-way. Construction and maintenance activities conducted on public property that are authorized by an encroachment permit.
7. Sidewalk sales. Sidewalk sales conducted in the Central Business District.
F. Allowed short-term activities. A Limited Term Permit may authorize the following short-term activities within the specified time limits, but in no event for more than 12 months. Other short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.
1. Construction yards - Off site. Off-site contractors’ construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever first occurs.
2. Events. Art and craft exhibits, carnivals, circuses, concerts, fairs, farmer’s markets, festivals, flea markets, food events, open-air or drive-in theaters, outdoor entertainment/sporting events, religious revivals, rummage sales, second hand sales, swap meets, and other special events within a 12-month period for up to: (a) 7 consecutive days, (b) 4 2-day weekends, (c) 1-day event per week, or other similar event timing as determined by the Director. Events are allowed only on nonresidentially zoned properties. These activities shall be referred to the Technical Advisory Committee (TAC) for a recommendation prior to action on the Limited Term Permit.
3. Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the Director, but not to exceed 12 months. This activity shall be referred to the Technical Advisory Committee (TAC) for a recommendation prior to action on the Limited Term Permit.
4. Model homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards:
a. The sales office and any off-street parking shall be converted back to residential use and/or removed before the issuance of the Final Occupancy Permit or within 14 days from the sale of the last parcel in the subdivision, whichever first occurs.
b. The model home complex shall be used to sell only units within the subdivision within which the complex is located.
c. Model home permits will be finaled and the model homes will be allowed to be open to the public only after all subdivision improvements are completed and accepted by the City.
d. Model home sign permits will be issued only after all subdivision improvements are completed and accepted by the City.
e. The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.
5. Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidentially zoned properties, for up to 30 days. These activities shall be referred to the Technical Advisory Committee (TAC) for a recommendation prior to action on the Limited Term Permit.
6. Temporary occupancy during construction.
a. Major development projects. Temporary structures and property may be used during the construction phase of an approved major development project (e.g., residential projects with 5 or more dwelling units or any commercial or industrial project). The structures or property may be used as offices or for the storage of equipment and/or tools, provided the temporary structures are located within the City.
b. Minor development projects. An existing dwelling unit or a temporary structure and property may be used during the construction phase of an approved minor development project (e.g., residential projects with 4 or fewer dwelling units). The structure or property may be used as a temporary residence, an office, or for the storage of equipment and/or tools.
c. Appropriate conditions. The permit shall contain reasonable and necessary conditions regarding the following matters:
i) Provisions for adequate ingress and egress.
ii) Provisions for the work to be performed on site.
iii) Provisions for the storage of asphalt, concrete, and dirt at designated sites within the subject property; provided the applicant furnishes a schedule, acceptable to the Director, for the periodic disposal or recycling of these materials.
iv) Provisions designed to minimize potential conflicts between the work to be performed on site and the ordinary business and uses conducted within the City.
d. Length of permit. The permit may be approved for up to 12 months following the issuance of the companion Building Permit, or upon completion of the subject development project, whichever first occurs.
e. Extension of permit. The permit may be extended by the Director if a written request for extension is submitted at least 14 days before expiration of the permit and reasonable reasons are provided by the applicant to justify the requested extension (e.g., the delay was caused by reasons beyond the control of the applicant). The permit may be extended for up to an additional 12 months.
f. Condition of site following completion. All temporary structures and related improvements shall be completely removed from the subject site following expiration of the Limited Term Permit or within 30 days of completion of the development project, whichever first occurs.
7. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved subdivision, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of 12 months from the date of approval.
8. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval, as an accessory use or as the first phase of a development project.
9. Temporary work trailers. A trailer or mobile home may be used as a temporary work site for employees of a business; provided, that:
a. The use is authorized by a Building Permit for the trailer or mobile home, and the Building Permit for the permanent structure;
b. The use is appropriate because:
i) The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of 12 months, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or
ii) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of 12 months, while a permanent work site is being obtained; and
c. The trailer or mobile home is removed before final building inspection or the issuance of a certificate of occupancy for the permanent structure.
10. Similar temporary activities. A temporary activity that the Director determines is similar to the other activities listed in this Subsection, and compatible with the applicable zoning district and surrounding land uses.
G. Development standards. The Director shall establish the following standards based on the type of short-term activity, using the requirements of the applicable zoning district, and Articles 3 and 4 for guidance:
1. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;
2. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code; and
3. Limitation on the duration of an approved “temporary structure,” to a maximum of 12 months, so that it shall not become a permanent or long-term structure.
H. Application filing and processing. An application for a Limited Term Permit shall be filed and processed in compliance with Chapter 18.70 (Permit Application Filing and Processing). The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for Limited Term Permits, and any applicable fees.
I. Project review, notice, and hearing.
1. Director’s review. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.
2. No public notice or hearing required. No public notice or hearing is required before the Director’s decision on a Limited Term Permit.
J. Findings and decision. A Limited Term Permit shall be approved by the Director only after the Director first finds that the requested short-term activity complies with applicable standards in this Section.
K. Post approval procedures. The procedures and requirements in Chapter 18.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Inland Land Use and Development Code Administration), shall apply following a decision on a Limited Term Permit application.
1. Condition of the site following short-term activity. Each site occupied by a short-term activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Development Code. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished.
2. Performance security for temporary structures. Before issuance of a Limited Term Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Limited Term Permit.
(Ord. 930, § 2, passed 06-12-2017)
18.71.050 - Design Review
A. Purpose. Design Review is intended to ensure that the design of proposed development and new land uses assists in maintaining and enhancing the small-town, coastal, historic, and rural character of the community.
B. Applicability. All new structures, any relocation, exterior addition(s), or changes of or to existing structures, and any other physical improvements shall be subject to Design Review, whether or not a Building Permit is required, unless exempt in compliance with Subsection (B)(3) of this Section (Improvements exempt from Design Review). Design Review shall be required in addition to all other planning permit or approval requirements of this Development Code and the Municipal Code.
1. Improvements subject to Design Review by the Commission.
a. The following improvements shall always require Design Review by the Commission:
i) A project resulting in 3 or more residential dwelling units on a single parcel, including apartments, condominiums, townhouses, and other multifamily residential development projects.
ii) All nonresidential development projects, including commercial, office, and industrial structures or additions of more than 250 square feet;
iii) The aesthetic impact of grading or filling of land.
b. The following improvements shall require Design Review by the Commission only if in conjunction with a development project:
i) Removal of natural ground cover, trees, or vegetation.
ii) Installation of a fence, wall, or retaining wall visible from a public right-of-way.
iii) Landscaping including vegetation, irrigation systems, and low level lighting.
iv) Signs included with plans for any project listed above.
v) Exterior lighting.
2. Improvements subject to Design Review by the Director. The following improvements shall be subject to Design Review by the Director, when constructed as a stand-alone project (e.g., not constructed in conjunction with a development project, otherwise it is subject to review and approval by the Commission as required in Subsection (B)(1) of this Section):
a. The construction or rehabilitation/remodeling/addition of any detached accessory structure or garage that exceeds 16 feet in height;
b. The construction of a commercial structure or addition of less than 250 square feet;
c. Removal of natural groundcover, trees, or vegetation;
d. Signs that do not require Commission review; or
e. Other work determined by the Director to be substantially similar in scope to improvements subject to Design Review by the Director.
3. Improvements exempt from Design Review. The following improvements are exempt from Design Review:
a. One single-family dwelling on a single parcel, a second unit on a single parcel, a duplex, and/or any related residential accessory structures of less than 16 feet in height;
b. Structural improvements not visible from a public right-of-way;
c. Installation of a fence, wall, or retaining wall;
d. Landscaping including vegetation, irrigation systems, and low level lighting;
e. Exterior lighting;
f. Work determined by the Director to be minor or incidental within the intent and objectives of this Section; and
g. Ordinary maintenance and repair of structures, landscaping, and fencing.
C. Application filing and processing. An application for Design Review shall be filed and processed in compliance with Chapter 18.70 (Permit Application Filing and Processing). The application shall be accompanied by the information and materials specified in the Department handout for Design Review, and the materials identified in Subsection (D) of this Section (Requirements for submittal). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection (G) of this Section (Findings and decision).
D. Requirements for submittal. Each plan submitted for Design Review shall be drawn to scale with all dimensions shown.
1. Site plans. The site plan shall show the following proposed and existing physical improvements and features:
a. All structures and other improvements on the subject parcel shall be shown demonstrating setback lines and the distance structures are from property lines.
b. The plan shall show the location of all adjoining streets including pavement, curb, and sidewalk.
c. On adjoining parcels the general location of primary and accessory structures, curb cuts, driveways and parking lots.
2. Architectural elevations.
a. Elevations of all sides of new structures shall be shown.
b. If the exterior of an existing structure is to be changed, all existing and proposed elevations of the structure shall be shown.
c. Exterior materials and colors of all proposed and existing structures shall be indicated or generally described. Color and material samples shall be submitted.
d. All mechanical equipment or similar features located above the roof shall be shown.
3. Floor and roof plans. Floor and roof plans for all structures shall be shown.
4. Landscape plans. A detailed landscape plan shall be submitted for the entire site, in compliance with Chapter 18.34 (Landscaping Standards).
5. Sign plans. A detailed sign plan shall be submitted for the entire site, in compliance with Chapter 18.38 (Signs).
E. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code. Design Review permits heard by the Planning Commission shall require a public hearing before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 18.96 (Public Hearings).
F. Project review criteria. The review authority shall evaluate each application to ensure that the project:
1. Complies with the purpose and requirements of this Section;
2. Provides architectural design, building massing, and scale appropriate to and compatible with the site surroundings and the community;
3. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;
4. Provides efficient and safe public access, circulation, and parking;
5. Provides appropriate open space and landscaping, including the use of water efficient landscaping;
6. Is consistent with the General Plan, any applicable specific plan; and
7. Complies and is consistent with the City’s Design Guidelines.
G. Findings and decision. The review authority shall approve or disapprove an application for Design Review approval concurrently with the approval or disapproval of any other planning permit (e.g., Use Permit, Minor Use Permit, Variance or Administrative Variance, Zoning Clearance) required for the project, if the Design Review application is filed with the City at the same time. Design Review approval shall require that the review authority first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval, complies with all applicable criteria identified in Subsection (F) of this Section (Project review criteria).
1. An application for Design Review may be approved, conditionally approved, or disapproved.
2. The Director shall review construction drawings, final plans, and other similar documents for compliance with the approved Design Review, any conditions of approval, and any approved or required modifications to the approved plans.
3. A Design Review decision shall become effective upon the expiration of 10 days following the decision, unless an appeal is made in compliance with Chapter 18.92 (Appeals).
H. Conditions of approval. The review authority may require any reasonable and necessary conditions of approval to ensure that the project will comply with the findings required by Subsection (G) of this Section. The violation of any condition so imposed shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
I. Expiration of Design Review approval.
1. Time limit. Design Review approval in compliance with this Section shall lapse and become void 12 months from the date of approval, unless before the expiration of the 12 months, a Building Permit is issued and construction is commenced and diligently pursued towards completion.
2. Exceptions. The only exception to the above is Commission Design Review approval for a period not to exceed 2 years in a case where it is anticipated that the time for project development will exceed 12 months.
3. Extension of approval. Design Review approval may be extended by the Director for an additional period of 12 months; provided no changes in conditions or requirements have occurred before the expiration of 12 months from the date of the original approval, and an application for an extension is filed with the Department at least 30 days before the date of expiration.
J. Post approval procedures. The procedures and requirements in Chapter 18.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Inland Land Use and Development Code Administration), shall apply following the decision on an application for Design Review.
(Ord. 930, § 2, passed 06-12-2017)
18.71.060 - Use Permit and Minor Use Permit
A. Purpose. A Use Permit or Minor Use Permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.
B. Applicability. A Use Permit or Minor Use Permit is required to authorize proposed land uses identified by Article 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a Use Permit or Minor Use Permit.
C. Review authority.
1. Use Permits. Use Permits shall be approved or disapproved by the Commission.
2. Minor Use Permits. Minor Use Permits shall be approved or disapproved by the Director.
a. The Director may choose to refer any Minor Use Permit application to the Commission for hearing and decision.
b. A Minor Use Permit application shall only be issued if there is evidence that the project is eligible for a California Environmental Quality Act (CEQA) exemption in compliance with State law and Chapter 18.72 (Environmental Impact Assessment and Mitigation Monitoring). Projects that are otherwise eligible for a Minor Use Permit, but are not eligible for a CEQA exemption, shall be processed as a Use Permit.
D. Application filing and processing. An application for a Use Permit or Minor Use Permit shall be filed and processed in compliance with Chapter 18.70 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Use Permits, and the following information:
1. Fiscal and economic analysis. An application for a big box retail project as defined in Article 10 (Definitions) shall include a fiscal and economic analysis.
2. Traffic study. A traffic study shall be required for uses determined by the Director or Director of Public Works to be high trip generators.
a. The traffic study shall identify both cumulative and project-specific traffic impacts.
b. All traffic impacts shall be reduced, to the maximum extent feasible, through compliance with applicable development standards and/or conditions of approval.
It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection (F) of this Section (Findings and decision).
E. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.
1. Use Permit.
a. Notice and hearing. The Commission shall conduct a public hearing on an application for a Use Permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 18.96 (Public Hearings).
2. Minor Use Permit. Before a decision on a Minor Use Permit, the public notice shall be provided in compliance with Chapter 18.96 (Public Hearings), and as follows:
a. Public notice. The notice shall state that the Director will decide whether to approve or disapprove the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 18.96, and the Director shall conduct the public hearing before a decision on the application in compliance with Chapter 18.96.
F. Findings and decision. An application for a Use Permit or Minor Use Permit may be approved subject to conditions, or disapproved by the review authority. The review authority shall approve a Use Permit or Minor Use Permit only after first finding all of the following:
1. The proposed use is consistent with the General Plan and any applicable specific plan;
2. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the type, density, and intensity of use being proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public interest, health, safety, convenience, or welfare, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zoning district in which the property is located.
5. The proposed use complies with any findings required by § 18.22.030 (Commercial District Land Uses and Permit Requirements).
G. Conditions of approval. In approving a Use Permit or Minor Use Permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Subsection (F) of this Section (Findings and decision). The violation of any required condition shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
H. Post approval procedures. The procedures and requirements in Chapter 18.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Inland Land Use and Development Code Administration), shall apply following a decision on an application for a Use Permit or Minor Use Permit.
(Ord. 930, § 2, passed 06-12-2017)
18.71.070 - Variance and Administrative Variance
A. Purpose. The Variance and Administrative Variance provide a process for City consideration of requests to waive or modify certain standards of this Development Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.
B. Applicability. A Variance or Administrative Variance may be granted to waive or modify any requirement of this Development Code except: allowed land uses; residential density; specific prohibitions (for example, prohibited signs), or procedural requirements.
C. Review authority.
1. Variance. A Variance application shall be reviewed, and approved or disapproved, by the Commission.
2. Administrative Variance. An Administrative Variance application shall be reviewed, and approved or disapproved, by the Director.
a. The Director may grant an Administrative Variance to reduce any of the following requirements of this Development Code up to a maximum of 25%:
i) Distance between structures;
ii) Parcel dimensions (not including area);
iii) Setbacks;
iv) On-site parking, loading, and landscaping;
v) Sign regulations (other than prohibited signs);
vi) Lot coverage; and/or
vii) Floor area ratio.
b. The Director may choose to refer any Administrative Variance application to the Commission for hearing and decision.
D. Application filing and processing. An application for a Variance or Administrative Variance shall be filed and processed in compliance with Chapter 18.70 (Permit Application Filing and Processing). The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for Variances or Administrative Variances. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection (F) of this Section (Findings and decision).
E. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with this Section, and all other applicable requirements of this Development Code.
1. Variance. The Commission shall conduct a public hearing on an application for a Variance before a decision. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 18.96 (Public Hearings).
2. Administrative Variances. Before a decision on an Administrative Variance, the City shall provide notice of a public hearing in compliance with Chapter 18.96 (Public Hearings).
a. Initial notice. The notice shall state that the Director will decide whether to approve or disapprove the Administrative Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. Notice and conduct of hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 18.96 (Public Hearings), and the Director shall conduct the public hearing before a decision on the application in compliance with Chapter 18.96.
F. Findings and decision.
1. General findings. The review authority may approve a Variance or Administrative Variance only after first making all of the following findings:
a. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this Development Code deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district;
b. The approval of the Variance or Administrative Variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district; and
c. The Variance or Administrative Variance is consistent with the General Plan and any applicable specific plan.
2. Findings for off-site parking Variance. The approval of a Variance to allow some or all of the parking spaces required for a nonresidential project to be located off site, or to allow in-lieu fees or facilities instead of the required on-site parking spaces, shall require that the review authority first make both of the following findings in compliance with Government Code Section 65906.5, instead of those required by Subsection (F)(1) of this Section.
a. The Variance will be an incentive to, and a benefit for, the nonresidential development; and
b. The Variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.
3. Reasonable accommodation. The review authority may also grant a Variance or Administrative Variance to the site planning or development standards of this Development Code in compliance with this Section, based on the finding that the Variance or Administrative Variance is necessary to accomplish a reasonable accommodation of the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA). (Housing Element, Program H-3.9.1.)
G. Conditions of approval. In approving a Variance or Administrative Variance, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Subsection (F) of this Section (Findings and decision). The violation of any required condition shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
H. Post approval procedures. The procedures and requirements in Chapter 18.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Land Use and Development Code Administration), shall apply following a decision on an application for a Variance or Administrative Variance.
(Ord. 930, § 2, passed 06-12-2017)
18.71.080 - Emergency Permit
A. Purpose. This Section provides procedures for the issuance of Emergency Permits deemed necessary to perform work to resolve problems resulting from a situation falling within the term “emergency” as defined in Article 10 of this Development Code (Definitions).
B. Applicability. When immediate action by a person or public agency is required to resolve an emergency, requirements to obtain the otherwise appropriate development permit may be waived by the Director upon receiving notification of the emergency, identification of the type of work required to resolve the emergency, and the location of work to be performed.
C. Review authority. The Director shall have the discretion to grant Emergency Permits in compliance with this Section; provided, that the City Manager may choose to assume all responsibilities delegated to the Director pertaining to the issuance of emergency permits.
D. Method and content of notification. Notification of the emergency to the Director shall be by letter or facsimile, if time allows, or by telephone or personal contact, if time does not allow. The person notifying the Director shall report to their best knowledge:
1. The nature and location of the emergency;
2. The cause of the emergency, insofar as this can be established;
3. The remedial, protective, or preventive work required to resolve the emergency;
4. The circumstances during the emergency that appeared to justify the proposed courses of action; and
5. The probable consequences of failing to take the actions necessary to resolve the emergency.
E. Verification.
1. The Director shall verify that an emergency does exist insofar as time allows.
2. The Director and the person or public agency that made the notification shall document the facts related to the emergency.
F. Public notice. The Director shall provide public notice of the proposed emergency actions, by use of radio, television, or print media, as determined to be appropriate by the Director based on the nature of the emergency.
G. Required findings, conditions.
1. Findings. Before granting the Emergency Permit, the Director shall first find that:
a. An emergency exists that requires action more quickly than allowed by City procedures customarily required for the processing of appropriate development permits;
b. Public comment has been considered regarding the emergency and the proposed actions, if time allows;
c. The work is consistent with the nature of the emergency; and
d. The work authorized by the permit qualifies for emergency exemption under CEQA.
2. Conditions of approval. If granted, an Emergency Permit shall be subject to reasonable and necessary terms and conditions, including the following:
a. Language clearly indicating that the work accomplished under an Emergency Permit is considered temporary until the appropriate development permit is issued for the work;
b. An expiration date for the Emergency Permit; and
c. A condition specifying the need to apply for the appropriate development permit once the emergency is resolved, or within 90 days following the date of issuance, whichever first occurs.
The violation of any condition of approval shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
H. Reporting.
1. The Director shall report, in writing or orally, to the Council at each regular meeting of the Council while an Emergency Permit is in effect. The report shall state the nature of the emergency, the progress of the work to resolve the emergency, and any other pertinent information.
2. Copies of any written report shall be available at the Council meetings and shall be mailed to all persons who have requested notification and associated reports in writing.
I. Time limits. An approved Emergency Permit shall be valid for a maximum of 60 days following the date of issuance; provided, that the permit shall expire and become void 7 days following the date of issuance if it is not properly exercised, or if the emergency ceases to exist.
J. Normal permits required. The responsible person or public agency shall apply for the appropriate development permit otherwise required by this Development Code within 90 days following the date of issuance of the Emergency Permit or once the emergency is resolved, whichever occurs first. Failure to file the necessary applications and obtain the development permits normally required by this Development Code shall result in enforcement action in compliance with Chapter 18.98 (Enforcement and Penalties). During the processing of the appropriate development permit applications, all work required to remedy the emergency may continue until the emergency is satisfactorily resolved.
(Ord. 930, § 2, passed 06-12-2017)
18.71.090 - Planned Development Permit
A. Purpose. The Planned Development Permit is intended to provide for flexibility in the application of Development Code standards to proposed development under limited and unique circumstances. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Development Code standards would produce without adjustment. The City expects each planned development project to be of obvious, significantly higher quality than would be achieved through conventional design practices and standards.
B. Applicability. A Planned Development Permit application may be filed and processed only under the following circumstances:
1. Minimum site area. A Planned Development Permit may be requested for a residential, commercial, industrial, or mixed-use development on a site larger than 5 acres.
2. Timing of permit. No Building or Grading Permit shall be issued on a site for which a Planned Development Permit is proposed until the Planned Development Permit has been approved in compliance with this Section.
3. Scope of approval.
a. Planned Development Permit approval may adjust or modify, where determined by the review authority to be necessary and justifiable, any applicable development standard of this Development Code (e.g., building height, setbacks, parking, street layout, etc.); provided, that the approval shall not authorize a land use that is not allowed in the applicable zoning district by Article 2.
b. A project proposing increased residential density may only be approved by the Council in compliance with Chapter 18.31 (Density Bonuses and Affordable Housing Incentives).
C. Application filing and processing. An application shall be filed in compliance with Chapter 18.70 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Planned Development Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection (F) of this Section (Commission action).
D. Review authority. A Planned Development Permit may be granted by the Commission.
E. Project review, notice, and hearing.
1. Application review. Each Planned Development Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Section. The Director shall submit a staff report and recommendation to the Commission for their consideration.
2. Public hearing. The Commission shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 18.96 (Public Hearings).
F. Commission action. Following a public hearing, the Commission may approve or disapprove a Planned Development Permit, and shall record the decision and the findings upon which the decision is based.
1. Required findings. The Commission may approve a Planned Development Permit only after first finding that:
a. The project is consistent with the General Plan and any applicable specific plan, and allowed within the applicable zoning district;
b. The project complies with all applicable provisions of this Development Code other than those modified by the Planned Development Permit;
c. The approved modifications to the development standards of this Development Code are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of any identified environmental impacts;
d. The development authorized by the Planned Development Permit approval will be of significantly higher quality, more energy efficient, more conserving of resources, and will produce fewer and less serious environmental impacts than development that could otherwise occur in compliance with the requirements of this Development Code without adjustment;
e. The project complies with all applicable provisions of the City’s Design Guidelines;
f. The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;
g. The planning concepts and design features of the project are reasonably suited to the characteristics of the site and the surrounding neighborhood;
h. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan;
i. The site is adequate for the project in terms of size, shape, topography, and circumstances; and
j. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
2. Conditions of approval. In approving a Planned Development Permit, the Commission may impose any conditions deemed reasonable and necessary to ensure that the project will comply with the findings required by Subsection (F)(1) of this Section.
G. Time limit and expiration.
1. A Planned Development Permit may specify a development completion period acceptable to the review authority.
2. If a time limit is not specified in the permit, the completion period shall not exceed 2 years.
3. If project construction has not commenced within the required time limit, the Planned Development Permit shall automatically be terminated and deemed void, with no further action required by the City.
H. Planned Development Permit amendment.
1. Commission action on requested changes. Any requested change in the Planned Development Permit, other than those allowed by Subsection (H)(3) of this Section shall be submitted to the review authority that originally approved the permit for review and approval following the same review notice and hearing procedures as for the original approval.
2. Added conditions. The review authority may, as a condition of approval, impose added changes or conditions on the Planned Development Permit amendment as it deems reasonable and necessary to carry out the purpose and intent of the original Planned Development Permit and this Section.
3. Minor changes by Director. Minor changes in the Planned Development Permit which do not involve an increase in building area, an increase in the number of dwelling units, or a change of use may be approved by the Director in compliance with § 18.76.080 (Changes to an Approved Project).
I. Post approval procedures. The procedures and requirements in Chapter 18.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Land Use and Development Code Administration), shall apply following a decision on an application for Planned Development Permit approval.
(Ord. 930, § 2, passed 06-12-2017)