Chapter 17.24
CLASS III APPLICATIONS—DISCRETIONARY

Sections:

17.24.010    Purpose.

17.24.020    Applicability.

17.24.030    Review Authority and Related Procedures.

17.24.040    Application Filing, Fees, and Project Review.

17.24.050    Project Notice.

17.24.060    Required Actions.

17.24.070    Post-Decision Procedures.

17.24.080    Revisions to an Approved Site Plan.

17.24.100    Adjustments.

17.24.110    Administrative Sign Variance and Historic Sign Designation.

17.24.120    Minor Use Permit.

17.24.010 Purpose.

The Class III application is a discretionary process for reviewing uses that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class III applications require public notification, but do not require a hearing unless one is requested. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

17.24.020 Applicability.

A.    Underlying Zones. A Class III application is required to authorize uses identified in Division 5 of this title (Use Classifications and Required Parking) as being allowed in the applicable underlying zone, subject to the approval of a Minor Use Permit or other Class III applications.

B.    Other Specific Uses or Standards. A Class III application may also be required for use or structure types having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatible with uses on the same or adjacent properties and in the surrounding area. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

17.24.030 Review Authority and Related Procedures.

A.    General Requirements. A Class III application shall be approved, conditionally approved, or denied by the review authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class III review established in this code.

B.    Referral. The Director may refer a Class III application to the Hearing Officer for consideration and decision. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

17.24.040 Application Filing, Fees, and Project Review.

Applications for a Class III application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review), and 17.06.090 (Project Evaluation and Staff Reports). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

17.24.050 Project Notice.

The Department shall provide notice of the request in compliance with Section 17.06.100 (Type I Public Noticing) on a Class III application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

17.24.060 Required Actions.

A.    Approval. The approving authority may approve a Class III application if:

1.    No valid written requests for an administrative hearing, pursuant to subsection (D) of this section, are received within the period specified; and

2.    The findings, principles, and standards of Section 17.06.130 (Findings and Decision) are substantiated.

B.    Referral. The Director shall refer a Class III application to the Hearing Officer for consideration if, during the public noticing period, a request for a hearing is filed with the Director.

C.    Denial. The approving authority shall deny the Class III application if the findings, principles, or standards of Section 17.06.130 (Findings and Decision) are not substantiated.

D.    Written Requests. The written requests for a public hearing shall be based on issues of significance directly related to the application; provision of evidence that the request cannot meet one (1) or more of the findings, principles, or standards identified in Section 17.06.130 (Findings and Decisions) in order to be considered valid. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

17.24.070 Post-Decision Procedures.

Class III application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.150 (Decision after Administrative Hearing or Public Hearing), 17.06.230 (Time Limits and Extensions) and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

17.24.080 Revisions to an Approved Site Plan.

The Director may approve revisions to a site plan for an approved Class III application in accordance with Chapter 17.09 (Minor Permit Modifications). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

17.24.100 Adjustments.

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Conditions of Approval.

G.    Expiration and Extensions.

A.    Purpose. This section establishes procedures and requirements for granting adjustments, a form of relief from development standards within this code. An adjustment may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this code develop through the strict literal interpretation and enforcement of such development standards provisions.

B.    Applicability. Unless specifically modified by an adjustment, all regulations prescribed in the underlying zone in which such adjustment is granted shall apply. An adjustment shall be filed subject to this chapter. Any modification not listed below shall be subject to Section 17.25.120 (Variances). An adjustment is required as described below:

1.    An adjustment may be granted to allow the modification of any development standard by not more than twenty percent (20%) of the development standard;

2.    An adjustment may be granted for modifications to a development standard on an existing single-family home or an accessory structure on a single-family lot, including, but not limited to, building height and the required yard, fence, or wall height. Structures exceeding thirty-five (35) feet in height shall be subject to Section 17.25.100 (Conditional Use Permit); or

3.    An adjustment may be granted to modify a development standard to be consistent with the prevailing standard (more than fifty percent (50%) of the block).

C.    Application Filing, Fees, and Project Review. Applications for an adjustment shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice shall be in compliance with Sections 17.24.050 (Project Notice) and 17.24.060 (Required Actions).

E.    Findings. The review authority shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    That the adjustment does not authorize a use or activity that is not allowed in the zone;

2.    That granting an adjustment is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone which would otherwise be denied to the property for which the adjustment is sought; and

3.    That the granting of the adjustment will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located.

F.    Conditions of Approval.

1.    In approving a Class III permit application for an adjustment, the review authority may impose such conditions as deemed necessary to ensure that the adjustment will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the approving authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such adjustment is requested.

2.    All development standards prescribed in the zone shall apply unless specifically modified by the adjustment.

G.    Expiration and Extensions. In the granting of a Class III permit for an adjustment, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17; Ord. 20-10 § 6, 12/8/20)

17.24.110 Administrative Sign Variance and Historic Sign Designation.

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Conditions of Approval.

G.    Expiration and Extensions.

A.    Purpose. This section establishes procedures and requirements for granting a variance from the standards contained in Section 17.51.080 (Sign Regulations (Private Property)), or designating a sign as historic and therefore exempt from the standard size, height, and type regulations of this code. An administrative sign variance may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this code develop through the strict literal interpretation and enforcement of such development standards and provisions.

B.    Applicability.

1.    Unless specifically modified by an administrative sign variance or a historic sign designation, all regulations prescribed in the underlying zone in which such an administrative sign variance or historic sign designation is granted shall apply. A Class III application shall be filed subject to this chapter. The additional rules are applicable as described below:

a.    No administrative sign variance may be granted, however, that would permit any of the prohibited types of signs provided in Section 17.51.080(V) (Prohibited Signs); or

b.    If a sign is designated as historic, the sign area of the subject sign counts toward the overall allowable sign area.

C.    Application Filing, Fees, and Project Review. Applications for an administrative sign variance or historic sign designation shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice shall be in compliance with Sections 17.24.050 (Project Notice) and 17.24.060 (Required Actions).

E.    Findings. The approving authority shall approve an application only after the applicant substantiates the following required findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    These additional findings are required for an administrative sign variance:

a.    That no other signage alternative or design would be feasible or be able to provide reasonable signage in accordance with this code;

b.    That the granting of the variance or adjustment will not detract from the attractiveness or orderliness of the City’s appearance or the surrounding neighborhood;

c.    That the variance does not authorize a use or activity that is not allowed in the zone;

d.    That, because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;

e.    That the variance authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated;

f.    That strict application of zoning regulations, as they apply to such property, will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards;

g.    That such variance will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of properties of other persons located in the vicinity; and

h.    That the sign contains at least one (1) of the following:

i.    Creative image reflecting the current or historical character of Santa Clarita, or other community as determined by the Director;

ii.    Symbols representing the use, name or logo of the building or business;

iii.    Unusual lighting techniques;

iv.    Hand sculptured elements of wood, metal or other materials;

v.    Classic historic design style;

vi.    Hand painted lettering or graphic.

2.    These additional findings are required for a historical sign designation:

a.    That it meets the criteria for listing on the National Register of Historic Places or the California Register of Historical Resources; or

b.    That it is at least fifty (50) years old or is of exceptional importance; and is one (1) or more of the following:

i.    That it exemplifies or reflects special elements of the City’s history;

ii.    That it embodies distinguishing architectural characteristics of a style, type, period or method of construction;

iii.    That it has a unique location, a singular physical characteristic or is an established and familiar visual feature of a neighborhood community or the City;

iv.    That it is of a business over fifty (50) years old, considered to have extensive local significance within the Santa Clarita Valley;

c.    The sign does not obstruct vehicular or pedestrian traffic or visibility.

F.    Conditions of Approval.

1.    In approving a Class III permit application for an administrative sign variance or historical sign designation, the approving authority may impose such conditions as deemed necessary to ensure that the administrative sign variance or historical sign designation will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the approving authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such variance or designation is requested.

2.    All development standards prescribed in the zone shall apply unless specifically modified by the administrative sign variance or historical sign designation.

G.    Expiration and Extensions. In the granting of a Class III permit for an administrative sign variance or historical sign designation, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)

17.24.120 Minor Use Permit.

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Findings.

F.    Conditions of Approval.

G.    Expiration and Extensions.

A.    Purpose. This section establishes procedures and requirements for granting a minor use permit, in order to give the use regulations the flexibility necessary to achieve the objectives of this code. Because of their unusual characteristics, certain land uses require special consideration so that they may be located properly with respect to the objectives of the code and with respect to their effects on surrounding properties. In order to achieve these goals, the approving authority is empowered to grant approval with conditions for uses in zones as prescribed in this code, and to impose reasonable conditions upon the granting of minor use permits.

B.    Applicability. A minor use permit shall be filed as a Class III application, subject to this chapter. The reviewing authority shall review an application for a minor use permit as required below:

1.    A land use, as indicated in Division 5 of this title (Use Classifications and Required Parking), requires that a minor use permit be approved for the use;

2.    Request for reduction of parking;

3.    Certain land development processes;

4.    As required by an approved specific plan or corridor plan; or

5.    As identified in this code.

C.    Application Filing, Fees, and Project Review. Applications for a minor use permit shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice shall be in compliance with Sections 17.24.050 (Project Notice) and 17.24.060 (Required Actions).

E.    Findings. The approving authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following:

1.    These additional findings are required for a minor use permit for parking reductions:

a.    That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of the sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation;

b.    That the granting of the permit will not result in the parking or loading of vehicles on public and private streets in such a manner as to interfere with the free flow of traffic on the streets;

c.    That the parking demand would be less than the requirements identified in Section 17.51.060(M) (Schedule of Off-Street Parking Requirements); and

d.    That sufficient parking would be provided to serve the use intended and potential future uses of the subject parcel.

2.    The following finding is required for a minor use permit for parking reductions for uses proposed adjacent to transit lines/routes or transit facilities/stations:

a.    The permit will facilitate access to nonresidential development by patrons of public transit facilities.

F.    Conditions of Approval. In approving a Class III permit application for a minor use permit, the approving authority may impose such conditions as deemed necessary to ensure that the minor use permit will be in accordance with the findings required by subsection (E) of this section (Findings). Conditions imposed by the review authority may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such minor use permit is requested. Conditions may include, but are not limited to, provisions for or limitations to the following:

1.    Special yards;

2.    Open spaces;

3.    Buffers;

4.    Fences;

5.    Walls;

6.    Height of buildings, walls or other structures;

7.    Installation and maintenance of landscaping;

8.    Street dedications, medians, and improvements;

9.    Regulations of points of vehicular ingress and egress;

10.    Regulation of traffic circulation;

11.    Regulation of signs;

12.    Regulation of hours of operation and methods of operation;

13.    Control of potential nuisances;

14.    Architectural standards;

15.    Establishment of development schedules and development standards; and

16.    Such other conditions as the approving authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare.

G.    Expiration and Extensions. In the granting of a Class III permit for a minor use permit, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). (Ord. 13-8 § 4 (Exhs. A, D, E), 6/11/13; Ord. 17-10 § 5 (Exh. A), 7/11/17)