Chapter 17.27
CLASS VI APPLICATIONS—DISCRETIONARY

Sections:

17.27.010    Purpose.

17.27.020    Applicability.

17.27.030    Review Authority and Related Procedures.

17.27.040    Application Filing, Fees, and Project Review.

17.27.050    Project Notice and Required Actions.

17.27.060    Public Hearing.

17.27.070    Findings and Decision Procedures.

17.27.080    Post-Decision Procedures.

17.27.100    Pre-Annexation Agreement.

17.27.010 Purpose.

The Class VI application is a discretionary process for reviewing uses that are nonlegislative and require Council approval. Class VI applications require public notification and a public hearing before the Council only. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.27.020 Applicability.

A Class VI application is required to authorize nonlegislative actions. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.27.030 Review Authority and Related Procedures.

A.    General Requirements. Class VI applications 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 VI review established in this code.

B.    Assignment. The Director shall assign a Class VI application to Council for a public hearing and action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.27.040 Application Filing, Fees and Project Review.

Applications for a Class VI 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)

17.27.050 Project Notice and Required Actions.

The Director shall provide notice of the hearing in compliance with Section 17.06.110(B)(1) (Publication) on a Class VI application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.27.060 Public Hearing.

The Council shall conduct public hearing in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.27.070 Findings and Decision Procedures.

Class VI application findings and decision procedures shall be in compliance with Section 17.06.130 (Findings and Decision). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.27.080 Post-Decision Procedures.

Class VI 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), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision after Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.27.100 Pre-Annexation Agreement.

Subsections:

A.    Purpose.

B.    Applicability.

C.    Application Filing, Fees, and Project Review.

D.    Project Notice and Required Actions.

E.    Council Action.

F.    Findings.

A.    Purpose. The purpose of this section is to provide procedures, requirements, and a formal agreement for consideration of the acceptance of existing County entitlements and standards that do not meet the City’s development standards as part of an annexation.

B.    Applicability. The Council may grant exceptions to the following provisions of the code in accordance with County-approved entitlements that annex to the City upon a finding that the impacts of such minor exceptions are consistent with the General Plan and proposed zoning and will not adversely affect or be materially detrimental to adjacent uses or residents:

1.    Permitted uses;

2.    Parking;

3.    Setbacks;

4.    Floor area ratio;

5.    Signage;

6.    Architectural design elements;

7.    Right-of-way improvements;

8.    Landscaping;

9.    Hillside development; and

10.    Other development standards as determined by the Council.

C.    Application Filing, Fees, and Project Review. Applications for a pre-annexation agreement shall be in compliance with this chapter.

D.    Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110(B)(1) (Publication).

E.    Council Action.

1.    Commission Action. A pre-annexation agreement shall not require a public hearing before the Commission for action, unless directed by the Council.

2.    Public Hearing by Council. The Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).

3.    Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).

F.    Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision). (Ord. 13-8 § 4 (Exh. A), 6/11/13)