Chapter 17.20
PLANNING COMMISSION DECISIONS
Sections:
17.20.010 Purpose and applicability.
17.20.020 Entertainment permit.
17.20.030 Major design review.
17.20.040 Conditional use permit.
17.20.010 Purpose and applicability.
The purpose of this chapter is to establish procedures for land use permits and entitlements that are decided by the planning commission. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.16, General Application Processing Procedures. Table 17.16-A—Approving Authority for Land Use Entitlements provides a summary of the permits and entitlements decided by the planning commission, along with the recommending and appeal authority. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.20.020 Entertainment permit.
A. Purpose and Applicability. An entertainment permit is required where alcoholic beverages are sold or offered for sale and at least one of the following occurs on premises: performance of any kind (e.g., play, burlesque show, fashion show, revue, pantomime), the playing of any musical instrument, or dance performance or dancing by patrons.
B. Exempt Activities. This section does not apply when the only entertainment is furnished by jukebox or similar type of prerecorded music and dancing is not permitted.
C. Special Review Procedures. The planning commission is the approving authority for entertainment permits. The planning commission shall refer all applications for the permit required under this chapter to the police chief, fire chief, zoning administrator, and building official for investigation and recommendation concerning what effect, if any, the issuance of such permit will have on the public peace, health, safety, and general welfare of the city and its inhabitants. Public hearing and notice are required and the determination shall be based on the standards and criteria set forth in this section accompanied by brief, written findings and a determination.
D. Hours of Operation.
1. The entertainment permit may establish permissible hours of operation; provided, however, in no event may any person conduct, show, stage, perform or produce any entertainment or dancing, between the hours of two a.m. and six a.m., in any establishment required to be licensed under this chapter.
2. No person shall use any establishment required to be licensed under this chapter for the purpose of conducting a private club between the hours of two a.m. and six a.m.
E. Findings. The planning commission shall approve, or approve with conditions, an application for an entertainment permit after making all of findings below. If the planning commission does not make all of these findings, he/she shall deny the entertainment permit.
1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning ordinance, municipal code, general plan, and any applicable specific plans or city regulations/standards.
2. Based on review by the zoning administrator, building inspector, police chief, and fire chief, the issuance of the permit will not have a significant negative impact on the public peace, health, safety, and general welfare of the city and its inhabitants.
F. Revocation. The planning commission is authorized for any cause which it may deem sufficient to revoke at any time any license or permit issued under the provisions of this chapter. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.20.030 Major design review.
A. Purpose. The purpose of this section is to provide a uniform process for major design review as called for by the provisions of this title.
B. Applicability. Major design review shall be required for new construction and additions as set forth below in this section. If project is subject to a conditional use permit this review is combined.
1. Residential.
a. Multiple-family with five or more residences in all zoning districts.
b. Residential care facilities in all zoning districts.
2. Commercial. Major design review, using the commercial design guidelines, shall be required for commercial development in all zoning districts, including any additions over fifteen feet in height or involving more than two hundred fifty square feet of ground area. If project is subject to a specific plan, may be subject to minor design review only.
3. Industrial. Major design review, using the industrial design guidelines, shall be required for industrial development in all zoning districts, including any additions over fifteen feet in height or involving more than two hundred fifty square feet of ground area. If project is subject to a specific plan, it may be subject to minor design review only.
4. Mixed Uses. Major design review, using the mixed-use design guidelines, shall be required for all development within the city’s mixed-use districts (Chapter 17.34, Commercial and Industry Districts, Allowed Uses, and Development Standards).
5. Public and Quasi-Public. Major design review shall be required for all development in a public and semipublic zoning district (Chapter 17.36).
6. Multiple Guidelines. If more than one type of design guideline, such as residential, commercial, industrial, and mixed use, is applicable to a given project, the zoning administrator shall determine which provisions apply, based on the use(s), zoning district, and context.
C. Design Review Requirements. The planning commission shall ensure that the proposed development meets the following requirements of this section:
1. Design Guidelines. The proposal is consistent with applicable design guidelines.
2. Community Plans. The proposal is consistent with any community design plan or specific plan.
3. General Plan. The proposal is consistent with the land use, physical design, and economic development element and the open space element of the general plan.
4. Location and Design. The location and design of proposed development gives particular consideration to privacy, views, and sunlight on adjoining properties and fosters the orderly and harmonious development and preservation of the public health and welfare of the city and its neighborhoods.
5. Design and Colors. The architectural design of structures and their colors and materials are visually harmonious with surrounding development, landforms, and vegetation.
D. Findings. The review authority shall determine that the project under consideration adequately meets the requirements of this chapter and the applicable design guidelines.
E. Expiration. A design review approval shall expire if building permits have not been issued within one year from the date of final approval. A time extension not exceeding one year beyond the initial one-year period may be granted by the zoning administrator. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.20.040 Conditional use permit.
A. Purpose. This section provides a process for the review, imposition of conditions, approval, and termination of a conditional use permit.
B. Findings. In order to grant any use permit, the findings of the planning commission shall be that the establishment, maintenance, or operation of the use of the building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
C. Conditions. The planning commission may impose such conditions in connection with the use permit as it deems necessary to secure the purposes of this title and may require that such conditions are being or will be complied with.
D. Expiration. A use permit shall automatically expire if a building permit has not been issued within one year from the date of final approval. A time extension not exceeding one year beyond the initial one-year period may be granted by the zoning administrator. A public hearing is not required for the extension.
E. Discontinuance of Use. If the use granted by any conditional use permit is discontinued for a period of six consecutive months, the permit automatically expires.
F. Failure to Comply with Conditions. Failure to comply with any of the terms or conditions of a use permit is a violation of this title, subject to the enforcement provisions prescribed by Chapter 17.10, Enforcement, and any and all other penalties and remedies that may be provided by law.
G. Grounds for Revocation. Any use permit granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit are violated, the use is discontinued, or if any law or ordinance is violated in connection therewith.
H. Hearings and Decision. The planning commission shall hold a hearing on any proposed revocation and make its decision using the process set forth in this chapter for approval of a conditional use permit. A decision of the planning commission can be appealed pursuant to Section 17.16.080, Appeals.
I. Hours of Operation. Use permit is required for businesses operating between midnight and seven a.m. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.20.050 Variance.
A. Purpose. The purpose of this section is to provide relief to applicants where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof.
B. Findings. In order to grant any variance, after the conclusion of the public hearing, the planning commission shall make a finding of facts showing that the following conditions exist:
1. There are exceptional or extraordinary circumstances or conditions applying to the land or building referred to in the application, including size, shape, topography, location or surroundings, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district.
2. Because of these exceptional or extraordinary circumstances or conditions, the strict application of this title deprives the property of privileges enjoyed by other properties in the vicinity and within the same zoning district.
3. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.
4. The granting of such application 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.
C. Conditions. The planning commission may impose such conditions in connection with the variance as it deems necessary to secure the purposes of this title and to ensure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district.
D. Use Variance Not Permitted. A variance shall not be granted that authorizes a use that is not otherwise authorized by the provisions of this title.
E. Expiration. A variance shall automatically expire if building permits have not been issued within one year from the date of final approval. A time extension not exceeding one year beyond the initial one-year period may be granted by the zoning administrator. A public hearing is not required for the extension. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)