Chapter 23.70
COMMUNITY DEVELOPMENT PERMIT REVIEW AUTHORITIES AND PROCEDURES

Sections:

23.70.010    Purpose.

23.70.012    Types of community development permits and related review authorities.

23.70.015    Exemptions.

23.70.018    Counter review.

23.70.020    Counter review and determination.

23.70.030    Staff approvals.

23.70.040    Zoning administrator.

23.70.050    Site plan review committee.

23.70.060    Architectural review board.

23.70.070    Historic resources committee.

23.70.080    Planning commission.

23.70.010 Purpose.

This chapter identifies the types of community development permits, the roles of review authorities, and provides procedures for the approval or disapproval of the community development permits established by these regulations. Exception: Procedures and standards for the review and approval of subdivision maps are found in PGMC Title 24 (Subdivisions). [Ord. 11-001 § 2, 2011].

23.70.012 Types of community development permits and related review authorities.

Table 23.70.012-1, entitled “Types of Review, Applications, and Roles of Review Authorities,” identifies the city official or body responsible for reviewing and making decisions on community development permit applications, legislative amendments, and other actions required by these regulations.

 

Table 23.70.012-1:
Types of Review, Applications, and Roles of Review Authorities 

 

Roles of Review Authorities1

Type of Permit Application

Chief Planner

ZA

SPRC

ARB

HRC

PC

CC

ARB = Architectural Review Board, CC = City Council, HRC = Historic Resources Committee, HRI = Historic Resources Inventory, LCP = Local Coastal Program, PC = Planning Commission, PGMC = Pacific Grove Municipal Code Section, SPRC = Site Plan Review Committee, and ZA = Zoning Administrator.

Counter Review: Recommended preliminary staff review of projects to determine compliance with zoning code, need for further permit applications, or determination of which track below best suits the situation. (PGMC 23.70.018)

Counter Review and Determination: Required chief planner review of specific projects or land uses in order to verify compliance with zoning standards. (PGMC 23.70.020)

Staff Approvals: For timely approval of permits for the following projects and uses:

Admin. architectural permit – not on HRI (PGMC 23.70.030)

Decision2

Hearing/ Decision

 

Appeal5

 

 

Appeal5

Admin. architectural permit – on HRI (PGMC 23.70.030)

Decision2,3

 

 

Hearing/ Decision

 

Appeal5

Appeal5

Architectural design change – not on HRI (PGMC 23.70.030)

Decision2

Hearing/ Decision

 

Appeal5

 

 

Appeal5

Architectural design change – on HRI (PGMC 23.70.030)

Decision2,3

 

 

Hearing/ Decision

 

Appeal5

Appeal5

Lot merger (PGMC 23.70.030, 24.04.030)

Decision

Hearing/ Decision

 

 

 

Appeal5

Appeal5

Admin. sign permit (PGMC 23.70.030)

Decision

Hearing/ Decision

 

Appeal5

 

 

Appeal5

Admin. use permit and admin. use permit amendments7 (PGMC 23.70.030)

Decision2

Hearing/ Decision

 

 

 

Appeal5

Appeal5

Admin. variance and admin. variance amendments (PGMC 23.70.030)

Decision2

Hearing/ Decision

 

 

 

Appeal5

Appeal5

Permitting of undocumented dwelling units (PGMC 23.70.030)

Decision2

Hearing/ Decision

 

 

 

Appeal5

Appeal5

Zoning Administrator: For the following applications:

Interpretations of permitted use lists (PGMC 23.70.040, Chapter 23.82 PGMC)

 

Decision6

 

 

 

Appeal

Appeal

Historic relocation permit – on-site (PGMC 23.70.040, 23.76.100)

 

Decision6

 

 

 

Appeal

Appeal

Parcel map (PGMC 23.70.040, Chapter 24.08 PGMC)

 

Decision6

 

 

 

Appeal

Appeal

Site Plan Review Committee: For the following approvals:

Lot line adjustment (PGMC 23.70.050, 24.04.030)

 

 

Decision

 

 

Appeal

Appeal

Site plan review (multifamily/ commercial/industrial projects only) (PGMC 23.70.050)

 

 

Review and Comment

 

 

 

 

Architectural Review Board: For the following applications:

Architectural permit for new construction, major alteration, or demolition/reconstruction – not on HRI (PGMC 23.70.060)

 

 

 

Decision

 

Appeal

Appeal

Architectural permit for major alteration – on HRI (PGMC 23.70.060)

 

 

 

Decision

 

Appeal

Appeal

Historic preservation permit (PGMC 23.70.060, 23.76.060)

 

 

 

Decision

 

Appeal

Appeal

Historic demolition permit (PGMC 23.70.060, 23.76.090)

 

 

 

Decision

 

Appeal

Appeal

Historic relocation permit – off-site (PGMC 23.70.060, 23.76.100)

 

 

 

Decision

 

Appeal

Appeal

Sign permit (PGMC 23.70.060)

 

 

 

Decision

 

Appeal

Appeal

Historic Resources Committee: For the following applications:

Historic determination (PGMC 23.70.070, 23.76.030)

 

 

 

 

Decision

Appeal

Appeal

Initial historic screening request (PGMC 23.70.070)

Decision

 

 

 

Recommend

 

 

Planning Commission: For the following applications:

Use permit and use permit amendments (PGMC 23.70.080(a))

 

 

 

 

 

Decision

Appeal

Variance and variance amendments (PGMC 23.70.080(b))

 

 

 

 

 

Decision

Appeal

Tentative tract map (Chapter 24.12 PGMC)

 

 

 

 

 

Decision

Appeal

Final tract map (Chapter 24.16 PGMC)

 

 

 

 

 

Decision

Appeal

Administrative and Amendments: For legislative actions and code interpretations (other than interpretations for permitted use lists), the following applies:

General plan amendments (Chapter 23.84 PGMC)

 

 

 

 

 

Recommend

Decision

LCP amendments (Chapter 23.84 PGMC)

 

 

 

 

 

Recommend

Decision

Zoning text amendments (Chapter 23.84 PGMC)

 

 

 

 

 

Recommend

Decision

Zoning map amendments (Chapter 23.84 PGMC)

 

 

 

 

 

Recommend

Decision

Interpretations of code (PGMC 23.04.040)

Decision4

 

 

 

 

Appeal

Appeal

1.    “Decision” means that the review authority makes the decision on the matter; “hearing” means that the review authority holds a hearing and renders a decision only if requested in response to a notice, in compliance with PGMC 23.70.030 (Staff approvals); “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 23.74 PGMC (Appeals and Call-Ups); “recommend” means that the review authority makes a recommendation to a higher decision-making body.

2.    The chief planner may defer action and refer the item to the hearing authority for decision.

3.    If an administrative architectural permit or an architectural design change is accompanied by a historic preservation permit, both applications shall be reviewed concurrently by the architectural review board.

4.    The chief planner may defer action and refer the item to the first appeal authority for decision.

5.    Appeal authority may review matter only if the hearing authority held a public hearing and rendered a decision.

6.    The zoning administrator may defer action and refer the item to the first appeal authority for decision.

7.    Administrative use permits are broken down into major and minor categories, to reflect the reduced staff time required and lower corresponding fee for projects in the minor category, pursuant to PGMC 23.70.030(b)(7).

[Ord. 13-005 § 3, 2013; Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].

23.70.015 Exemptions.

The land uses, structures, and activities noted in this section are exempt from the community development permit review requirements of this zoning code. However, nothing in this section shall eliminate the requirement to obtain grading, building, and/or other construction permits prior to starting any work, as required by the municipal code.

(a) Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure.

(b) Reconstruction of Destroyed Uses and Structures. A use of land and/or structure destroyed by fire or natural disaster may be reestablished as it existed; provided, that:

(1) It was legally established and in compliance with this zoning code before destruction;

(2) Reconstruction occurs in compliance with all applicable building, electrical, mechanical, and plumbing code requirements;

(3) For historic buildings, the provisions of PGMC 23.76.070 (Unsafe or dangerous conditions) also apply; and

(4) For nonconforming buildings or structures, the provisions of PGMC 23.68.040 (Reestablishing or repairing a nonconforming use, building, or structure damaged or destroyed by a catastrophic event) also apply.

(c) Repairs and Maintenance. Ordinary repairs and maintenance are exempt, if:

(1) The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure;

(2) The exterior repairs employ the same materials and design as the original construction. For historic structures, the repairs must use in-kind materials (i.e., materials of like size, shape, location, materials, and design as the originals) or materials that match the historic appearance;

(3) The repairs are necessary to correct a condition that has been declared unsafe or dangerous by the chief building official. For historic buildings, the provisions of PGMC 23.76.070 (Unsafe or dangerous conditions) also apply; and

(4) For nonconforming buildings or structures, the provisions of PGMC 23.68.050 (Maintenance, repair, alterations and improvements to nonconforming building or structure) also apply.

(d) Exterior Modifications to Buildings Listed on Historic Resources Inventory. Certain exterior modifications to structures listed on the historic resources inventory are exempt from the requirements of this zoning code, including:

(1) Re-roofing and gutter replacement with either in-kind materials or materials that match the historic appearance;

(2) Restoration of existing architectural elements, including historic elements (e.g., original windows and doors) consistent with the Secretary of the Interior’s standards and guidelines for rehabilitation;

(3) Foundations and foundation skirting; and

(4) Satellite dish less than one meter (39.37 inches) in diameter.

(e) Exterior Modifications to Buildings Not Listed on Historic Resources Inventory. Certain exterior modifications to structures not listed on the historic resources inventory are exempt from the requirements of this zoning code, including:

(1) In the R-1 zoning districts, exterior building color and plantings;

(2) Roofing material changes or replacements, utilizing in-kind or matching color and materials;

(3) Restoration of existing architectural elements;

(4) Awnings;

(5) Foundations and foundation skirting;

(6) Solar energy equipment; and

(7) Satellite dish less than one meter (39.37 inches) in diameter. [Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].

23.70.018 Counter review.

(a) Purpose. A counter review is a recommended, but not required, preliminary over-the-counter staff review of proposed projects or land uses.

(b) Applicability. Any property owner or owner representative may request a counter review for a proposed development project or land use on their property.

(c) Review Process. Staff may: answer questions; review general compliance with the zoning code; review whether a project is exempt; and assess the need for more complete plans or documentation, further community development permit applications, or possible preapplication meetings. No application is required and no official approvals are granted. [Ord. 11-001 § 2, 2011].

23.70.020 Counter review and determination.

(a) Purpose. To comply with the zoning code, some specific projects require the chief planner or designee to verify facts or make determinations regarding such zoning standards as floor area percentages or visual significance. A counter review and determination is used by the city to determine if such projects comply with the zoning code and may proceed without further community development permits.

(b) Applicability. The following project types must receive a determination by the chief planner or designee before proceeding without further community development permits. Exceptions: If a new use permit, variance, or historic preservation permit is also required, see instead PGMC 23.70.030 (Staff approvals), PGMC 23.70.040 (Zoning administrator), PGMC 23.70.060 (Architectural review board), or PGMC 23.70.080 (Planning commission). If an administrative use permit or administrative variance is required, any of the projects listed under subsections (b)(1), (3), (4), (5) and (6) of this section, if located outside of the coastal zone, shall also require an administrative architectural permit, which shall be processed concurrently, pursuant to PGMC 23.70.030 (Staff approvals). If located within the coastal zone, an architectural permit shall be required for projects listed under subsections (b)(1)(A), (C) and (D), (b)(2)(F), and (b)(3)(A) and (C) of this section, pursuant to PGMC 23.70.060 (Architectural review board).

(1) For nonhistoric properties (buildings determined by the city to be ineligible for the historic resources inventory (HRI), or less than 50 years of age):

(A) In the R-1 zoning districts outside of the coastal zone:

(i) An exterior addition to a single-family home where the addition is less than 25 percent of existing floor area and does not enlarge or create a second story. Visual significance is not a factor;

(ii) Exterior modifications and additions to a single-family home, duplex or triplex, that are 25 percent or more of existing floor area and do not enlarge or create a second story, and that the chief planner determines to be “visually insignificant” as viewed from the adjacent street(s); and

(iii) Any new impervious surfaces.

(B) In the R-1 zoning districts, both within and outside the coastal zone:

(i) Replacement of chimneys, siding, doors, porches, decks, or other exterior feature(s) on a single-family home, duplex or triplex, if the replacement materials and design are either in-kind or matching the existing or original materials and design, such that the change is determined by the chief planner to be “visually insignificant” as viewed from the adjacent street(s);

(ii) Replacement of windows (including change in window location of up to 12 inches from existing location) on a single-family home, duplex or triplex, if the replacement materials are either in-kind, matching or are considered an upgrade of the existing or original materials, which would meet the definition of “visually insignificant,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines; and

(iii) Roof material change and/or roof pitch change, such that the change is determined by the chief planner to be “visually insignificant” as viewed from the adjacent street(s) or is considered appropriate to the architectural style of the structure.

(C) In all other residential zoning districts outside of the coastal zone, exterior modifications or an exterior addition to a single-family home, duplex or triplex where the addition is less than 400 square feet or 10 percent of existing floor area, whichever is less, and where the alterations and/or addition is determined to be “visually insignificant” as viewed from the adjacent street(s) and does not enlarge or create a second story.

(D) In all other residential zoning districts outside of the coastal zone, any new impervious surfaces.

(E) In all residential zoning districts outside of the coastal zone, deer fencing meeting the height limits of PGMC 23.64.130(d).

(2) For historic properties (buildings listed on the historic resources inventory (HRI), or determined by the city to be eligible for the HRI) in any zone:

(A) In-kind replacement of original historic windows if the chief building official determines that the original windows are “too deteriorated to restore,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines;

(B) Replacement of nonhistoric windows with windows that match, or more closely match, original historic windows in design and materials, when photo documentation of original windows is available, or other original windows exist and can be used for comparison. If original windows or photo documentation is not available, window replacement options shall be reviewed by the city’s on-call historic consultant and a determination made by the chief planner, pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines;

(C) Replacement of historic stairs, railings, doors or porches if the chief building official determines that they are “too deteriorated to restore.” Replacement shall be with in-kind materials or, if photo documentation is available, materials and design that match the historic appearance to the extent possible and historically appropriate. If original materials or photo documentation is not available, replacement options shall be reviewed by the city’s on-call historic consultant and a determination made by the chief planner;

(D) Replacement of nonhistoric stairs, railings, doors, and porches with features that match, or more closely match, original features in design and materials, when photo documentation of original features is available, or other original features exist and can be used for comparison. If original features or photo documentation is not available, replacement options shall be reviewed by the city’s on-call historic consultant and a determination made by the chief planner;

(E) Repair or patching individual areas of historic exterior siding with in-kind materials, if the chief building official determines that the original siding is “too deteriorated to restore”; and

(F) In all residential zoning districts outside of the coastal zone, any new impervious surfaces.

(3) For buildings 50 years of age or older with an undetermined historic status:

(A) All development under subsections (b)(1)(A) and (C) of this section if the chief planner determines that the exterior modifications and additions are “visually insignificant” as viewed from the adjacent street(s);

(B) All development under subsection (b)(1)(B) of this section if the chief planner determines that the exterior modifications and additions are “visually insignificant” as viewed from the adjacent street(s);

(C) In all residential zoning districts outside of the coastal zone, any new impervious surfaces; and

(D) All replacement and repairs listed under subsections (b)(2)(A) through (E) of this section.

(4) In all R-1, R-2, R-H, and M-H (when combined with R-1 or R-2 only) zoning districts, both within and outside the coastal zone, home businesses pursuant to subsection (e) of this section.

(5) For all property types in all residential zoning districts, water heater or utility enclosure if the exterior material matches the existing siding.

(6) In any zoning district other than the unclassified (U), open space (O), downtown commercial (C-D) and light commercial and hotel (C-1-T) zoning districts:

(A) Minor sign face change within an existing and approved sign frame, if substantially conforming to the existing sign approval and the requirements of Chapter 20.04 PGMC (Signs); and

(B) Water cisterns or rainwater collection equipment 1,500 gallons or less in capacity if determined by the chief planner to be “visually insignificant,” and if located to the sides or rear of buildings and outside of building setback areas.

(7) In the downtown commercial (C-D) and light commercial and hotel (C-1-T) zoning districts, signs meeting all applicable development standards and design guidelines contained in Chapter 20.05 PGMC.

(8) Any proposed use listed as a “permitted use” in Table 23.31.030.

(9) Any proposed use requiring an administrative use permit or use permit, as listed in Table 23.31.030, shall only require a counter review and determination if the proposed use will replace an existing use of the same size and use category which already has a valid administrative use permit or use permit.

(c) Review Process. A “counter review and determination” application, as well as accurate plans, drawings, photographs, and other documentation, as applicable, are required. The application review is ministerial in nature, in that the determinations are arrived at objectively, involve little or no personal judgment, and are issued by the chief planner. Though called a “counter” review, if staff research is needed, a counter review and determination may take up to three business days. Note: If an administrative use permit or administrative variance is required, any of the projects listed under subsections (b)(1), (3), (4), (5) and (6) of this section, if located outside of the coastal zone, shall also require an administrative architectural permit, which shall be processed concurrently, pursuant to PGMC 23.70.030 (Staff approvals). If located within the coastal zone, an architectural permit shall be required for projects listed under subsections (b)(1)(A), (C) and (D), (b)(2)(F), and (b)(3)(A) and (C) of this section, pursuant to PGMC 23.70.060 (Architectural review board).

(d) Determination. If the chief planner determines that the proposed project or land use complies with all zoning code provisions or is otherwise exempt from these regulations, the application will be signed by the chief planner or designee, the supporting documents stamped with an official notation of compliance, and no further community development permits will be required. Grading, building, and/or other construction permits may be required prior to starting any work, according to the requirements of the municipal code.

(e) Appeals of Determinations. For appeals of these determinations, see PGMC 23.74.020(a).

(f) Effective Date of Determination. The determination shall become effective only when:

(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and

(2) All necessary prior approvals have been obtained. [Ord. 13-023 § 5, 2013; Ord. 13-003 § 20, 2013; Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].

23.70.030 Staff approvals.

(a) Purpose. This section establishes procedures and findings for the issuance of, and effective time periods for, staff-approved permits. No public hearings are held unless a request for a hearing is submitted or the chief planner refers it to the hearing authority. The intent of this section is to ensure that community development permits are in compliance with the general plan, local coastal program, and these regulations, and are issued quickly yet allow for public review.

(b) Applicability. As summarized in Table 23.70.012-1, the chief planner or designee is the decision-making authority for the following community development permits:

(1) Administrative Architectural Permits (On HRI, Determined by the City to Be Eligible for the HRI, or 50 Years of Age or Older with an Undetermined Historic Status). In all residential zoning districts, administrative architectural permits may be granted for the following structures and the following alterations to buildings listed on the historic resources inventory (HRI), determined by the city to be eligible for the HRI, or to buildings that are 50 years of age or older and have an undetermined historic status:

(A) Outside of the coastal zone, an exterior modification to side and/or rear elevations, or an addition to side and/or rear elevations where the addition is less than 400 square feet or 10 percent of existing floor area, whichever is less, of a single-family home, duplex or triplex, if all of the following apply:

(i) Does not enlarge or create a second story; and

(ii) The chief planner has determined that it is consistent with the Secretary of the Interior’s Standards for Historic Rehabilitation and the state Historic Building Code.

(B) Outside of the coastal zone, Category 1 detached accessory structures larger than 120 square feet, pursuant to Table 23.64.180.

(C) Both within and outside the coastal zone, deer fencing, not to exceed six feet, if within front, side, and rear yards, pursuant to PGMC 23.64.130(d).

Exception: If accompanied by a historic preservation permit application, an administrative architectural permit shall be referred to the architectural review board to hold a public hearing and to take action on both applications concurrently, pursuant to PGMC 23.70.060 (Architectural review board).

(2) Administrative Architectural Permits (Not on HRI). Administrative architectural permits may be granted for the following structures and the following alterations to a building that has been determined by the city to be ineligible for the historic resources inventory, or is less than 50 years of age:

(A) In the R-1 zoning districts outside of the coastal zone, any exterior modifications or additions to a single-family home, duplex or triplex that are 25 percent or more of existing floor area and do not enlarge or create a second story, if the chief planner determines that the exterior modifications and additions are “visually significant” as viewed from the adjacent street(s);

(B) In the R-1 zoning districts outside of the coastal zone, any of the following modifications to a single-family home, duplex or triplex:

(i) Replacement of chimneys, siding, doors, porches, decks, or other exterior feature(s), if the replacement materials and design are determined by the chief planner to be “visually significant” as viewed from the adjacent street(s);

(ii) Replacement of windows (including change in window location of up to 12 inches from existing location), if the replacement materials meet the definition of “visually significant,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines; and

(iii) Roof material change and/or roof pitch change, such that the change is determined by the chief planner to be “visually significant” as viewed from the adjacent street(s);

(C) In the R-2, R-3, and R-4 zoning districts, outside of the coastal zone, any of the following modifications or additions to a single-family home, duplex or triplex:

(i) Replacement of chimneys, siding, doors, porches, decks, or other exterior feature(s), if the replacement materials and design are either in-kind or matching the existing or original materials and design, such that the change is determined by the chief planner to be “visually insignificant” as viewed from the adjacent street(s);

(ii) Replacement of windows (including change in window location of up to 12 inches from existing location), if the replacement materials are either in-kind, matching or are considered an upgrade of the existing or original materials, which would meet the definition of “visually insignificant,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines;

(iii) Roof material change and/or roof pitch change, such that the change is determined by the chief planner to be “visually insignificant” as viewed from the adjacent street(s) or is considered appropriate to the architectural style of the structure;

(iv) Exterior modifications and additions that are 25 percent or more of existing floor area and do not enlarge or create a second story, and that the chief planner determines to be “visually insignificant” as viewed from the adjacent street(s); and

(v) Exterior modifications or an exterior addition, where the addition is less than 400 square feet or 10 percent of existing floor area, whichever is less, and where the alterations and/or addition is determined to be “visually significant” as viewed from the adjacent street(s) and does not enlarge or create a second story;

(D) Roof overhang, roofing material, and siding material modifications for any mobile home installed in other than the R-1-M-H district;

(E) Water heater or utility enclosure if the exterior material does not match the existing siding and the chief planner determines it is “visually significant” as viewed from the adjacent street(s);

(F) Water cisterns or rainwater collection equipment not meeting the provisions of PGMC 23.70.020(b)(6)(B);

(G) Outside of the coastal zone, Category 1 detached accessory structures larger than 120 square feet, pursuant to Table 23.64.180; and

(H) Within the coastal zone, deer fencing, not to exceed six feet, if within front, side, and rear yards, pursuant to PGMC 23.64.130(d).

(3) An administrative architectural permit shall also be required for projects located outside the coastal zone and listed in PGMC 23.70.020(b)(1), (3), (4), (5) or (6), that are accompanied by an administrative use permit or administrative variance. The two permits shall be processed concurrently, in accordance with this section. If located within the coastal zone, an architectural permit shall be required for projects listed under PGMC 23.70.020(b)(1)(A), (C) and (D), (b)(2)(F), and (b)(3)(A) and (C), pursuant to PGMC 23.70.060 (Architectural review board).

(4) Architectural Design Changes. Once an architectural permit, outside the coastal zone, or an administrative architectural permit has been approved, but before the associated building permit has been finaled, changes that modify the exterior elevations of the project shall be processed as an architectural design change; provided, that cumulative design changes to a prior architectural permit or administrative architectural permit shall not appreciably alter the originally approved design. This applies to properties either on the HRI or not on the HRI.

Exception: If accompanied by a historic preservation permit application, an administrative design change shall be referred to the architectural review board to hold a public hearing and to take action on both applications concurrently, pursuant to PGMC 23.70.060 (Architectural review board).

(5) Lot Mergers. Lot mergers, in accordance with this section and the procedures in PGMC 24.04.030 (Definitions).

(6) Administrative Sign Permit. An administrative sign permit may be granted for the following:

(A) A flat sign in the C-1, C-FH, C-2, or I zones that has a sign area of 25 square feet or less, is attached to or is painted on a building so as not to project more than six inches from the building, and is the only permanent sign displayed on the premises;

(B) New commercial signs or modifications to an existing sign that comply with an existing master sign program for the site; and

(C) In the downtown commercial (C-D) and light commercial and hotel (C-1-T) zoning districts, signs meeting all applicable development standards, but not all applicable design guidelines, contained in Chapter 20.05 PGMC.

(7) Administrative Use Permits. Administrative use permits and administrative use permit amendments may be granted for the following:

(A) Major Administrative Use Permits.

(i) Detached or semi-detached rooms within the R-1 zoning districts;

(ii) Averaging of side yards for interior sites within the R-1 and R-2 zoning districts, pursuant to PGMC 23.16.060(b)(1) and 23.20.070(b)(1);

(iii) Accessory buildings and structures that are 120 square feet or less in area, pursuant to Table 23.64.180;

(iv) Roominghouses, boardinghouses, and professional uses within the R-4 zoning district;

(v) Uses requiring an administrative use permit in the C-1, C-1-T, C-D, C-FH, C-2, C-V, or I zoning districts, pursuant to Table 23.31.030, except as provided in PGMC 23.70.020(b)(8);

(vi) Temporary uses within the C-1, C-1-T, C-D, C-FH, and C-V zoning districts, pursuant to Table 23.31.030;

(vii) Gardening on vacant lots within the C-1, C-1-T, C-D, C-FH, C-2, or C-V zoning district;

(viii) Uses allowed with a use permit within the R-3-P.G.B. zoning district;

(ix) Earth and mineral extraction for commercial purposes;

(x) Foster and day care homes under PGMC 23.64.110 (Family day care homes);

(xi) Projection of open porches, stairways, etc., under PGMC 23.64.160 (yards);

(xii) Accessory storage of portable or movable objects under PGMC 23.64.185 (accessory use); and

(xiii) Extension, change, or restoration of a nonconforming use under Chapter 23.68 PGMC (Nonconforming Uses and Buildings).

(B) Minor Administrative Use Permits.

(i) Structures, appurtenances, fences, deer fences, hedges, screen plantings, or other visual obstructions (other than allowed garden structures) in excess of height limits under PGMC 23.64.120 and 23.64.130 (height limits); and

(ii) Garden structures exceeding the standards required by PGMC 23.64.119 (garden structures).

(8) Administrative Variances. Administrative variances and administrative variance amendments may be granted for the following:

(A) Reductions in required yards or setbacks that are 20 percent or less of the required distance;

(B) Increases in allowable building site coverage of five percent or less for additions to an existing structure;

(C) The occupancy of any part of a required side or rear yard by a driveway or parking pad; and

(D) The elimination of a required covered parking space in the R-1 zoning districts where the absence of the space is a legal nonconforming condition of an existing single-family use and where a parking space is not physically possible.

(9) Permitting of undocumented dwelling units, pursuant to PGMC 23.64.360.

(c) Review Process. Upon submittal of one of the community development permit applications listed in this section, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:

(1) Staff reviews the proposed project for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations.

(2) The chief planner issues a notice of administrative decision, pursuant to the procedures in PGMC 23.86.030, or determines that the permit application presents issues of sufficient public concern to warrant a public hearing and refers the application directly to the appropriate hearing authority, pursuant to Table 23.70.012-1. The hearing authority decision may be appealed or called-up in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups).

(3) If no written request for a hearing is received by the department within 10 days of the issuance of the notice of administrative decision, the action of the chief planner is final, and the appeal and call-up procedures in Chapter 23.74 PGMC (Appeals and Call-Ups) do not apply.

(d) Review Criteria. For architectural review projects, the criteria in PGMC 23.70.060(e) shall apply.

(e) Findings Required for Approval. Permit applications under this section shall be approved or approved with conditions, only if the review authority first makes all of the following applicable findings:

(1) Findings for All Staff Approvals Under This Section.

(A) The proposed development conforms to the applicable provisions of the general plan, the local coastal program, any applicable specific plan, and these regulations;

(B) The proposed development is located on a legally created lot;

(C) The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivision, setbacks, and any other applicable provisions of this municipal code, and all applicable zoning violation enforcement and processing fees have been paid; and

(D) The proposed development is in compliance with all citywide permits, including, but not limited to, the National Pollutant Discharge Elimination System (NPDES) permit.

(2) Additional Findings for Administrative Architectural Permits and Architectural Design Changes.

(A) The architecture and general appearance of the completed project are compatible with the neighborhood; and

(B) The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood; and

(C) The chief planner has been guided by and has made reference to applicable provisions of the architectural review guidelines in making its determinations on single-family residences.

(D) Additional Findings for Exterior Alterations to Structures on the Historic Resources Inventory (HRI).

(i) The exterior alteration of any structure on the historic resources inventory is consistent with the Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings; and

(ii) The exterior alteration of any structure on the historic resources inventory complies with Appendices I through IV of the Pacific Grove Architectural Review Guidelines.

(3) Additional Finding for Administrative Sign Permits. The proposed sign effectively conveys the business identity to the public and possesses pleasing elements of design that protect and enhance the architectural character and harmony of the buildings and neighborhood in which it is located.

(4) Additional Findings for Administrative Use Permits and Variances.

(A) The findings in PGMC 23.70.080(a)(4) shall apply to administrative use permits;

(B) Additional Finding for Administrative Use Permits for Fences, Deer Fences, and Garden Structures. The proposed fencing, and/or garden structure, will be in keeping with the neighborhood and will not obstruct views, air or light from the adjoining public street(s) without there being unique or exceptional circumstances of the property to warrant it; and

(C) The findings in PGMC 23.70.080(b)(4) shall apply to administrative variances.

(f) Effective Date of Decision. The decision shall become effective only when:

(1) The 10-day request for hearing period has expired, or the appeal period following a hearing authority decision has expired or, if appealed further or called up, after final action by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and

(2) All necessary prior approvals have been obtained. [Ord. 13-023 § 5, 2013; Ord. 13-005 § 3, 2013; Ord. 13-003 § 20, 2013; Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].

23.70.040 Zoning administrator.

(a) Purpose. This section establishes a zoning administrator, duties, and procedures for the purpose of providing an appropriate public review and approval process for certain community development permits, but less process than that required for board or commission review.

(b) Establishment. The city manager shall appoint a zoning administrator to grant community development permit approvals where required by these regulations, and to promote the orderly and harmonious development of the city. The zoning administrator shall conduct public hearings and render decisions on permits in accordance with this section and Chapter 23.86 PGMC (Public Meeting and Hearing Procedures).

(c) Applicability.

(1) As summarized in Table 23.70.012-1, the zoning administrator is the decision-making authority for the following permits and activities:

(A) Interpretation of permitted use lists in commercial and industrial districts;

(B) Historic relocation permit – on-site; and

(C) Parcel map.

(2) If a permit application is referred by the chief planner, or if a written request for a hearing is received within 10 days of the department’s issuance of a notice of administrative decision, the zoning administrator shall also act as the decision-making authority and take action on the following:

(A) Administrative architectural permit – not on HRI;

(B) Architectural design change – not on HRI;

(C) Lot merger;

(D) Administrative sign permit;

(E) Administrative use permit or administrative use permit amendment; and

(F) Administrative variance or administrative variance amendment.

(d) Review Process.

(1) For interpretations of permitted use lists, application processing shall be in accordance with Chapter 23.82 PGMC (Interpretations of Permitted Use Lists).

(2) Upon submittal of one of the community development permit applications listed in this section, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:

(A) Staff reviews for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations.

(B) Staff schedules the item for zoning administrator hearing and prepares the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures).

(C) The zoning administrator holds a public hearing and either approves, approves with conditions, or disapproves the item. The action is subject to appeal or call-up in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups).

(e) Review Criteria. For architectural review projects, the criteria in PGMC 23.70.060(e) shall apply.

(f) Findings Required for Approval. Permit applications under this section shall be approved, or approved with conditions, only if the zoning administrator first makes all of the following applicable findings:

(1) Findings for interpretations of permitted use lists are provided in PGMC 23.82.050.

(2) Findings for all permit applications decided by the zoning administrator under this section:

(A) The proposed development conforms to the applicable provisions of the general plan, the local coastal program, any applicable specific plan, and these regulations;

(B) The proposed development is located on a legally created lot;

(C) The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivision, setbacks, and any other applicable provisions of this code, and all applicable zoning violation enforcement and processing fees have been paid; and

(D) The proposed development is in compliance with all citywide permits, including, but not limited to, the National Pollutant Discharge Elimination System (NPDES) permit.

(3) Additional Findings for Administrative Architectural Permits and Architectural Design Changes.

(A) The architecture and general appearance of the completed project are compatible with the neighborhood; and

(B) The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood; and

(C) The zoning administrator has been guided by and has made reference to applicable provisions of the architectural review guidelines in making its determinations on single-family residences.

(4) Additional Finding for Administrative Sign Permits. The proposed sign effectively conveys the business identity to the public and possesses pleasing elements of design that protect and enhance the architectural character and harmony of the buildings and neighborhood in which it is located.

(5) Additional Findings for Administrative Use Permits.

(A) The findings in PGMC 23.70.080(a)(4) shall apply to administrative use permits; and

(B) Additional Finding for Administrative Use Permits for Fences, Deer Fences, and Garden Structures. The proposed fencing, and/or garden structure, will be in keeping with the neighborhood and will not obstruct views, air or light from the adjoining public street(s) without there being unique or exceptional circumstances of the property to warrant it.

(6) Additional Findings for Administrative Variances. The findings in PGMC 23.70.080(b)(4) shall apply to administrative variances.

(g) Effective Date of Permit Approval. The permit approval shall become effective only when:

(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and

(2) All necessary prior approvals have been obtained. [Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].

23.70.050 Site plan review committee.

(a) Purpose. The purpose of the site plan review committee (SPRC) is to encourage well-designed multifamily residential, commercial, and industrial development. The SPRC’s review does not apply to single-family residences outside of the coastal zone. The SPRC studies the siting of proposed construction and its impact upon the existing topography and natural vegetation, and the relationship of proposed construction to existing public and private improvements in the immediate area. It does not act on architectural aspects. It encourages the elimination of unnecessary grading, and endeavors to retain the natural character of the site, including the preservation of trees. The SPRC ensures that site plans conform to a logical plan of site development; have adequate parking facilities, driveways, entrances, and exits; provide an appropriate arrangement, location, and design of required open spaces and recreational facilities; and incorporate other pertinent project features, so that development will not be detrimental to vehicular or pedestrian traffic on adjacent streets, will provide adequate light and air, will provide adequate access for firefighting equipment and, in general, will provide a desirable and well designed facility. The SPRC also reviews and approves lot line adjustments.

(b) Establishment. The city manager shall appoint a site plan review committee, which shall consist of the chief planner, city engineer, fire chief, and chief building official, or their representatives. The SPRC may adopt such rules as are needed for the conduct of its deliberations. The chief planner or designee shall serve as chairperson of the SPRC. A quorum of the SPRC shall consist of not less than three members of the SPRC, one of whom shall be the chief planner. An affirmative vote of a majority of the total members of the SPRC shall be required for any action by the SPRC.

(c) Applicability. As summarized in Table 23.70.012-1, the site plan review committee is the decision-making authority or reviews and comments on the following permits and activities:

(1) Lot line adjustments. Pursuant to PGMC 24.04.030, the SPRC shall approve, approve with conditions, or disapprove lot line adjustments.

(2) Siting and lot coverage in the coastal zone. Pursuant to Policy No. 3.4.5.2 of the local coastal program, the SPRC shall review and comment on the siting of each new development and the expected area of disturbance around each residence within the coastal zone, and review and comment on any property owner request to exceed the maximum lot coverage of 15 percent of a total lot area within the coastal zone.

(3) Projects of $50,000 or more. The SPRC shall review and comment on any structure or site work valued at $50,000 or more, as determined by the chief building official, including the structural alteration, or addition to, existing structures or works.

Exceptions. This section shall not apply to:

(A) Interior alterations and remodeling that do not involve a change in occupancy as defined by the Uniform Building Code;

(B) Exterior alterations not involving an increase in floor area; or

(C) Single-family residences in all residential zones outside of the coastal zone.

(d) Review Process. Upon submittal of an application for site plan review or approval of a lot line adjustment, the department shall process it in accordance with the following:

(1) Staff reviews the application to ensure it is complete based on the submittal requirements provided by the department.

(2) For site plan reviews, the SPRC holds a meeting to review and comment on the project. No formal action is taken. Comments are forwarded to the review authority for the associated community development permit.

(3) For lot line adjustments, the SPRC holds a public meeting, accepts public comments, and approves, approves with conditions, or disapproves the item. Noticing procedures for public meetings are described in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures). The action is subject to appeal in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups).

(e) Required Improvements. The SPRC will ensure compliance with the following requirements as part of its site plan review:

(1) Street Frontage Improvements. Curb, gutter, sidewalk, street pavement, and concrete driveway aprons shall be installed along all street frontages of the site in compliance with the requirements of Chapter 24.12 PGMC. The requirements of this section shall not apply to the erection, construction, or reconstruction of agricultural structures or uses. If the city engineer determines that engineering considerations will make the required improvements infeasible or if the SPRC finds that there is a prevailing design element of the neighborhood that runs counter to usual standards, the site plan review committee may modify the improvement requirements to conform to engineering feasibility or a prevailing neighborhood design element.

(2) Deferral of Improvements. The SPRC may recommend to the review authority the deferral of required improvements after a written request from the applicant, if the SPRC first determines that special or unusual circumstances warrant the deferral. When recommending a deferral, the SPRC shall specify a time limit for deferral, which shall not exceed one year, unless extended by subsequent action of the review authority. If a deferral is ultimately granted, the applicant shall furnish a satisfactory faithful performance bond, cash contribution, or other guarantee acceptable to the city, to ensure that the work will be performed.

(f) Criteria for Site Plan Review. The SPRC will review and comment on whether site plans submitted for review incorporate the following criteria:

(1) Necessary street improvements to control and provide for traffic movement arising from the development;

(2) Safe pedestrian movement on or adjoining the property;

(3) Safe and sanitary control of surface and subsurface drainage on or adjoining the property;

(4) Attractive and sanitary provisions for refuse storage and disposal;

(5) Appropriate and adequate automobile parking spaces; and

(6) Fulfillment of the purposes of subsection (a) of this section.

(g) Findings Required for Approval. Lot line adjustment approvals are subject to the following findings:

(1) The proposed development conforms to the applicable provisions of the general plan and these regulations;

(2) The proposed development is located on a legally created lot; and

(3) The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivision, setbacks, and any other applicable provisions of this code, and all applicable zoning violation enforcement and processing fees have been paid.

(h) Effective Date of Lot Line Adjustment. A lot line adjustment approval shall become effective only when:

(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and

(2) All necessary prior approvals have been obtained.

(i) Building Permit Issuance. No building permit shall be issued for structures subject to the provisions of this section until the SPRC has completed its deliberations. The chief building official shall not allow final public utility connections to any structure until the applicant has complied with all applicable provisions of this section. [Ord. 11-001 § 2, 2011].

23.70.060 Architectural review board.

(a) Purpose. This section establishes procedures for the city’s architectural review of structures, in order to promote the orderly and harmonious development of the city, and to protect its architectural character.

(b) Establishment. The architectural review board is hereby established as follows:

(1) Membership. The board shall consist of seven voting members, appointed by the mayor, with the approval of the council. At least two of the members shall have professional experience as an architect, landscape architect, engineer, designer, or draftsperson; at least two members shall have experience in the building industry. The secretary of the planning commission shall serve as secretary to the board. The chief planner shall serve as an ex officio member.

(2) Term of Office, Attendance. All appointees shall serve for a two-year term, and may be removed at the pleasure of the council. Three of the board members shall be appointed for terms ending on January 31st in odd-numbered years, and four for terms ending on January 31st in even-numbered years. A member’s seat shall be deemed vacated upon two consecutive absences from regular meetings without being excused by the chair.

(3) Meetings. The board shall meet the second and fourth Tuesdays of each month and may adopt rules as needed for the conduct of its deliberations, including the selection of the member who shall serve as chair.

(c) Applicability. As summarized in Table 23.70.012-1, the architectural review board is the decision-making authority for the following permits:

(1) Outside of the coastal zone, architectural permits for new construction, major alterations to existing structures, or demolition and reconstruction of structures. This section does not apply to any project listed in PGMC 23.70.020, 23.70.030 and 23.70.040, including a design change to an approved architectural permit that meets the provisions of PGMC 23.70.030(b)(4);

(2) Within the coastal zone, architectural permits for new construction, major and minor alterations to existing structures, or demolition and reconstruction of structures, including an amendment to an approved architectural permit. This section does not apply to any project listed in PGMC 23.70.020(b)(1)(B), (2)(A) through (E), (3)(B) and (D), (4), (5), and (6);

(3) Within the coastal zone, architectural permits for Category 1 detached accessory structures larger than 120 square feet, pursuant to Table 23.64.180;

(4) Historic preservation permits for exceptions to land use regulations involving structures on the historic resources inventory, pursuant to PGMC 23.76.060;

(5) Historic demolition permits for the demolition of any structure on the historic resources inventory, pursuant to PGMC 23.76.090;

(6) Historic relocation permits for the off-site relocation of any structure on the historic resources inventory, pursuant to PGMC 23.76.100;

(7) Sign permits, pursuant to Chapter 20.04 PGMC (Signs) and PGMC 20.05.070. This section does not apply to any counter review and determination or administrative sign permit under PGMC 23.70.020, 23.70.030 and 23.70.040;

(8) If referred by the chief planner, or if a written request for a hearing is received within 10 days of the department’s issuance of a notice of administrative decision, for one of the following applications:

(A) Administrative architectural permit on HRI;

(B) Architectural design change on HRI; and

(9) Whenever otherwise required by this code.

(d) Review Process. Upon submittal of one of the community development permit applications listed in this section, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:

(1) Staff reviews for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations.

(2) Staff schedules the item for an architectural review board hearing and prepares the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures).

(3) The board holds a public hearing and approves, approves with conditions or disapproves each item. The action is subject to appeal in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups).

(e) Review Criteria. In carrying out the purposes of this chapter, the board shall consider in each specific case any or all of the following as may be appropriate:

(1) The city of Pacific Grove architectural review guidelines.

(2) The siting of any structure on the property as compared to the siting of other structures in the immediate neighborhood and the surrounding area.

(3) All structures shall have simplicity of mass and detail and shall not strive for bizarre effects. There shall be an appropriate use of material. Except as exempt pursuant to PGMC 23.70.015 (Exemptions), colors shall be in good taste and never harsh, garish, or inappropriate to the other colors designated for the structure or to the surrounding environment. Architectural character shall be aesthetically pleasing of itself and shall either harmonize with adjacent structures, or shall complement architectural characteristics of adjacent structures by means of dignified contrast.

In consideration of architectural or stylistic character and detail, the simple dignity of early California architecture and the romantic character of the Victorian styles as exemplified in the early buildings of Pacific Grove shall be considered as models suitable for emulation, but studied copying of past styles shall be considered as neither necessary nor greatly to be desired.

(4) When required, landscaping shall be designated as required by PGMC Title 12 (Trees and Vegetation), the State Model Landscape Ordinance, and these regulations.

(A) At least 80 percent of the street frontage of gasoline or service stations unused for driveways shall be landscaped.

(B) Parking lots, used car lots, service stations, or similar uses that park or store over five vehicles shall be landscaped.

(5) The size, location, and arrangement of on-site parking and paved areas together with ingress, egress, and internal traffic circulation shall be considered and shall be subject to the board’s approval.

(f) Findings Required for Approval. The board shall determine from the materials submitted whether:

(1) The architecture and general appearance of the completed project are compatible with the neighborhood; and

(2) The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood; and

(3) The board has been guided by and has made reference to applicable provisions of the architectural review guidelines in making its determinations on single-family residences.

(4) Additional findings for exterior alterations to structures on the historic resources inventory (HRI):

(A) The exterior alteration of any structure on the historic resources inventory is consistent with the Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings; and

(B) The exterior alteration of any structure on the historic resources inventory complies with Appendices I through IV of the Pacific Grove architectural review guidelines;

(5) Additional Finding for Sign Permits. The proposed sign effectively conveys the business identity to the public and possesses pleasing elements of design that protect and enhance the architectural character and harmony of the buildings and neighborhood in which it is located.

(g) Effective Date of Permit Approval. The permit approval shall become effective only when:

(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and

(2) All necessary prior approvals have been obtained. [Ord. 13-023 § 5, 2013; Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].

23.70.070 Historic resources committee.

(a) Purpose. This section establishes procedures for the city’s determinations on additions and deletions to the historic resources inventory, in order to preserve, protect, enhance and perpetuate those historic structures and neighborhoods that contribute to the cultural and aesthetic heritage of Pacific Grove.

(b) Establishment. The historic resources committee is hereby established pursuant to PGMC 23.76.021.

(c) Applicability.

(1) Decision-Making Authority. As summarized in Table 23.70.012-1, the historic resources committee is the decision-making authority for historic determinations, which are additions to and deletions from the historic resources inventory, pursuant to the evaluation criteria in PGMC 23.76.025.

(2) Recommending Authority. As summarized in Table 23.70.012-1, the historic resources committee is the recommending authority for initial historic screening requests. The committee shall make a recommendation to the chief planner as to whether a determination of ineligibility can be made or if a Phase 1 historic assessment is needed to determine the historicity of a structure.

(3) Other Duties. Other duties as set out in this chapter, in Chapter 23.76 PGMC, or as directed by the city council.

(d) Review Process. Upon submittal of one of the applications listed in this section, the department shall process it in accordance with Chapter 23.72 PGMC and the following:

(1) Staff reviews for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations.

(2) Staff schedules the item for a historic resources committee hearing and prepares the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures).

(3) The committee holds a public hearing and approves or disapproves each item for which the committee is the decision-making authority. The action is subject to appeal in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups). The committee holds a public hearing and makes a recommendation on each item for which the committee is the recommending authority.

(e) Review Criteria. In carrying out the purposes of this chapter, the historic resources committee shall consider the evaluation criteria in PGMC 23.76.025 (Evaluation criteria).

(f) Findings Required for Approval. The historic resources committee shall determine from the application materials submitted whether historic determinations comply with the provisions of Section 15064.5 of the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations Title 14, Chapter 3) and the evaluation criteria in PGMC 23.76.025.

(g) Effective Date of Approval. Historic determinations shall become effective only when:

(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and

(2) All necessary prior approvals have been obtained. [Ord. 11-001 § 2, 2011].

23.70.080 Planning commission.

(a) Use Permits and Use Permit Amendments.

(1) Purpose. The purpose of the planning commission’s review of use permits is to allow for activities and uses that may be desirable in the applicable zoning district and compatible with adjoining land uses, but whose effect on a site and its surroundings cannot be determined before being proposed for a particular location.

The procedures of this section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate its compatibility with surrounding uses, and to address the suitability of the use to the site.

(2) Applicability. As summarized in Table 23.70.012-1, the planning commission is the decision-making authority for use permits and use permit amendments. The planning commission shall approve, approve with conditions, or disapprove use permit applications.

Exceptions: Administrative use permits and administrative use permit amendments shall be processed in accordance with PGMC 23.70.030 (Staff approvals). See also exception in PGMC 23.70.020(b)(8) (Counter review and determination).

(3) Review Process. Upon submittal of a use permit or use permit amendment application, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:

(A) Staff reviews for compliance with the general plan, certified local coastal program, and the purpose and intent of this section.

(B) Staff schedules the item for a planning commission hearing and prepares the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures).

(C) The planning commission holds a public hearing and approves, approves with conditions, or disapproves each item. The action is subject to appeal in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups).

(4) Findings Required for Approval. The planning commission may approve a use permit only after first making the following findings:

(A) The proposed use is allowed with a use permit within the applicable zoning district and complies with all applicable provisions of these regulations;

(B) The proposed use is consistent with the general plan, the local coastal program, and any applicable specific plan;

(C) The establishment, maintenance, or operation of the use will 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;

(D) The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; and

(E) The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

(5) Conditions of Approval. In approving a use permit, the planning commission may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation) deemed reasonable and necessary to ensure that the approval will be in compliance with the findings required in subsection (a)(4) of this section.

(6) Effective Date of Approval. The permit approval shall become effective only when:

(A) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and

(B) All necessary prior approvals have been obtained.

(b) Variances and Variance Amendments.

(1) Purpose. The purpose of the planning commission’s review and action on variances and variance amendments is to allow for exceptions from the development standards of this title only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of these regulations denies the property owner privileges enjoyed by other property owners in the vicinity or in an identical zoning district. Variances must be necessary for the preservation and enjoyment of substantial property rights of the applicant, and may not affect adversely the health or safety of neighbors.

(2) Applicability. As summarized in Table 23.70.012-1, the planning commission is the decision-making authority for variances and variance amendments. The planning commission shall approve, approve with conditions, or disapprove variances and variance amendments. Variances may not be used to vary from allowed land uses, maximum residential density, specific prohibitions, or procedural requirements.

Exceptions: Administrative variances and administrative variance amendments shall be processed in accordance with PGMC 23.70.030 (Staff approvals).

(3) Review Process. Upon submittal of a variance or variance amendment application, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:

(A) Staff shall review for compliance with the general plan, certified local coastal program, and the purpose and intent of this section.

(B) Staff shall schedule the item for a planning commission hearing and prepare the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures).

(C) The planning commission shall hold a public hearing and approve, approve with conditions, or disapprove each application. Such action is subject to appeal in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups).

(4) Findings Required for Approval. The planning commission may approve an application, with or without conditions, only if all of the following findings of fact can be made in a positive manner:

(A) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same zoning district;

(B) That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner; and

(C) That the granting of such variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(5) Conditions of Approval. In granting a variance, the planning commission may impose conditions to:

(A) Ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

(B) Require project alterations and/or features (buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection (b)(4) of this section.

(6) Effective Date of Approval. The permit approval shall become effective only when:

(A) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and

(B) All necessary prior approvals have been obtained.

(c) Tentative and Final Tract Maps. Tentative and final tract maps shall be processed pursuant to Chapters 24.12 (Filing of Tentative Map) and 24.16 (Approval of Final Maps) PGMC. [Ord. 13-023 § 5, 2013; Ord. 13-003 § 20, 2013; Ord. 11-001 § 2, 2011].