Chapter 18.18
PLANNING COMMISSION DECISIONS
Sections:
18.18.020 Conditional use permit.
18.18.040 Architectural and site plan review.
18.18.060 Creative sign permit.
18.18.010 Purpose.
The purpose of this chapter is to establish 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, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 18.14 (General Application Processing). (Ord. 738 § 1 (Exh. A) (part), 2013).
18.18.020 Conditional use permit.
A. Purpose and Intent. The purpose of the conditional use permit is to ensure the proper integration of uses which, because of their special nature and/or potential for becoming a nuisance, may be suitable only in certain locations or zoning districts and then only when such uses can be controlled or designed in a particular manner. Conditional uses often involve such factors as noise, dust, dirt, litter, fumes, odors, vibrations, traffic congestion, and other problems or hazards of various kinds.
Uses set forth in this title as conditional uses, including all matters relating to their establishment, operation, and maintenance, are determined to be of such a nature and character as to preclude listing them as permitted uses in any district without special review. The special review shall be for the purpose of determining whether each proposed conditional use is, and will continue to be, compatible with its surrounding, existing and planned uses and whether it will conform to the requirements of the district in which it will be situated, and to other applicable requirements under this title, and for the further purpose of establishing such special conditions as may be necessary to ensure the harmonious integration and continued compatibility of the use in its immediate neighborhood and within the surrounding area.
B. Review Process.
1. The planning commission, in accordance with provisions of this division, may approve, conditionally approve, or deny an application for a conditional use permit and in granting approval may impose such requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and any other aspect of the use as may be deemed necessary for the protection of adjacent properties and uses and the public welfare. The granting of a conditional use permit shall not exempt the applicant from complying with the requirements of the city’s building codes, other requirements of this code, or other city, county, state, or federal requirements which may be applicable.
2. The application shall be accompanied by plot plans, elevations, landscaping plans, and any additional maps, drawings, and/or materials as may be deemed necessary by the planning director, and in such detail as may be required in order to adequately review the application and evaluate its effect on surrounding properties.
3. Public hearing is required for a conditional use permit. Notice and hearing shall be provided in accordance with Section 18.14.050 (Public hearing and public notice).
4. Upon the approval of an application, the planning director, or his or her designee, shall have prepared an approval notification that will constitute the conditional use permit, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning department, and one copy of which shall be forwarded to the building official. In addition, a copy shall be forwarded to any other department or agency the planning director considers affected by the issuance of the conditional use permit.
C. Findings. In order to grant a conditional use permit, the planning commission shall make all of the following findings:
1. The requested conditional use permit is consistent with the city general plan and this title.
2. The establishment, maintenance, or operation of the proposed use or structure will conform to the requirements and the intent of this title; and such proposed use or structure will not, under the circumstances of the particular case or as conditioned, be injurious or detrimental to the health, safety, or general welfare of persons or property in the vicinity of the proposed use, or to the general welfare of the city.
D. Time Limits and Extensions. A conditional use permit shall be in effect for the duration of the use, or for a time period or periods specified in the conditions of approval, or until such time as a revocation of the conditional use permit is effectuated. A conditional use permit may be extended in accordance with provisions of Section 18.14.090 (Permit time limits and extensions).
E. Permit Runs with Land. Unless otherwise specified in the conditions, a conditional use permit shall apply to the property for which it was granted and shall be transferable to any future owner or tenant thereof.
F. Revocation. A conditional use permit granted in accordance with the terms of this chapter shall be deemed revoked if not exercised within one year from date of approval. A conditional use permit may also be revoked consistent with provisions in Section 18.14.110 (Revocation). (Ord. 738 § 1 (Exh. A) (part), 2013).
18.18.030 Variance.
A. Purpose and Intent. The purpose of a variance is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property, such as size, shape, topography, or location, deprive such property of privileges enjoyed by other properties in the vicinity and in the same district (consistent with the objectives of this title). Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.
B. Applicability. A variance may be granted for any exception to the requirements of this title. However, a variance from this title may not be granted to do any of the activities listed below.
1. Allow a land use not otherwise permitted in the zoning district.
2. Increase the maximum allowed residential density except as allowed by state law.
3. Waive or modify a procedural requirement.
C. Review Process.
1. The application shall be accompanied by plot plans, elevations, landscaping plans, data, and any additional maps, drawings, and/or materials as may be deemed necessary by the planning director, and in such detail as may be required in order to adequately review the application and evaluate that the conditions set forth in this chapter apply to the subject property. The applicant shall have the burden of providing the facts necessary to establish the existence of such conditions. An application for a variance shall be accompanied by a fee in a sum to be established by the city council by resolution.
2. Public hearing is required for a variance. Notice and hearing shall be provided in accordance with Section 18.14.050 (Public hearing and public notice).
3. The planning commission may approve, conditionally approve, or deny an application for a variance, and in granting approval may impose such requirements and conditions with respect to location, construction, maintenance, operation, duration, and any other aspect of the use as may be deemed necessary for the protection of adjacent properties and uses and the public welfare. The granting of a variance shall not exempt the applicant from complying with the requirements of the city’s building codes, other requirements of this code, or other city, county, state, or federal requirements which may be applicable.
4. Upon the approval of an application, the planning director, or his or her designee, shall have prepared an approval notification that will constitute the variance, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning department, and one copy of which shall be forwarded to the building official. In addition, a copy shall be forwarded to any other department or agency the planning director considers affected by the issuance of the variance.
D. Findings. In order to grant a variance, the planning commission shall make all of the following findings:
1. There are exceptional or extraordinary circumstances or conditions applying to land, buildings, or uses referred to in the application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same district.
2. The granting of such application will not, under the circumstances of the particular case or as conditioned, materially affect adversely or be injurious or detrimental to the health, safety, or general welfare of persons or property in the vicinity of the subject site, or to the general welfare of the city.
3. The strict application of this title deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications.
4. The granting of such variance shall not constitute a special privilege.
E. Precedents. The granting of a prior variance shall not set a precedent for the granting of a further variance, and each application shall be considered only on its individual merits.
F. Time Limits and Extensions. A variance shall be in effect for the duration of the use, or for a time period or periods specified in the conditions of approval, or until such time as a revocation of the variance is effectuated. A variance may be extended in accordance with provisions of Section 18.14.090 (Permit time limits and extensions).
G. Variance Runs with Land. Unless otherwise specified in the conditions, a variance shall apply to the property for which it was granted and shall be transferable to any future owner or tenant thereof.
H. Revocation. A variance granted in accordance with the terms of this chapter shall be deemed revoked if not exercised within one year from date of approval. A variance may also be revoked consistent with provisions in Section 18.14.110 (Revocation).
I. New Applications. Following the denial or revocation of a variance, no application for the same or a substantially similar variance on the same site shall be filed within one year of the denial, unless it can be shown that there has been a change in the property or its environs which substantially affects a condition upon which a variance is based. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.18.040 Architectural and site plan review.
A. Purpose and Intent. It is determined that inadequate design and planning relating to the proposed development and future maintenance of buildings, structures, signs, off-street parking, landscaping, and other similar site improvements adversely affects the value of both improved and unimproved real property for residential, commercial, industrial, or other uses. This chapter establishes architectural and site plan review procedures which are intended to promote more comprehensive and proficient design and planning and thereby achieve the following objectives:
1. To promote orderly and compatible development in the city, thereby preserving and enhancing the value of real property and improvements thereon.
2. To ensure that site development, the exterior appearance of buildings, landscaping, signage, and other structures are in substantial compliance with standards and guidelines which maximize aesthetic considerations and minimize adverse environmental impacts upon the surrounding area.
3. To protect the public health, welfare, and safety by encouraging the most appropriate uses of real property within the city.
B. Applicability. Whenever a development project is proposed and/or an application is made for a building permit to establish, construct, convert, move, structurally alter, or occupy a lot or other parcel of real property, an application for architectural and site plan review shall be required. However, the planning director may determine that the proposed project is “aesthetically insignificant” and may require a lesser administrative design review (Section 18.16.120, Minor design review).
C. Submittal Requirements. All applications for architectural and site plan review shall be submitted on the required city form, along with the adopted fee and all application submittal requirements listed on the current permit application form.
D. Review Process.
1. The planning commission, in accordance with provisions of this title, may approve, conditionally approve, or deny an application for architectural and site plan review, and in granting approval may impose such requirements and conditions with respect to compliance with and conformity to adopted design review guidelines, site layout, location of open space, building design, building siting, compatibility with surrounding land and development, and other associated items as determined by the planning commission.
2. Public hearing is required for architectural and site plan review. Public hearing and notice shall be provided consistent with the provisions of Section 18.14.050 (Public hearing and public notice).
3. Upon the decision to approve, conditionally approve, or deny an application, the planning director, or his or her designee, shall have prepared a notification of decision, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning department, and one copy of which shall be forwarded to the building official. In addition, a copy shall be forwarded to any other department or agency the planning director considers affected by the decision.
E. Findings. In order to grant approval of an architectural and site plan review, the planning commission must make all of the following findings:
1. The architectural and general appearance of the structures and grounds shall have architectural unity and be in keeping with the character of the neighborhood as not to be detrimental to the orderly and harmonious development of the city, or to the desirability of investment or occupation in the neighborhood.
2. The site plan is consistent with this title, any applicable specific plan, any adopted development standards and design guidelines, and the general plan. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.18.050 Alteration permit.
A. Alteration Permit Required. It is unlawful for any person to tear down, demolish, construct, alter (utilizing materials not compatible with existing or original materials), remove, or relocate any improvement, or any exterior portion thereof, which has received a historic designation, or to alter in any manner any exterior architectural feature of such a historic designated site, landmark, or improvement, including, but not limited to, roofs, eaves, fascia and siding, masonry walls and supports, porches, landings, outside stairs, columns, windows and frames, and auxiliary buildings without first obtaining approval to do so in the manner provided in this chapter.
B. Alteration Permit Procedure. The following procedures shall be followed in processing applications for permit approval for work covered by this chapter:
1. The building official shall report any application for a building permit to work on a designated historic site, landmark, improvement, or historic district to the planning director.
2. If no building permit would otherwise be required pursuant to this code, application for approval to pursue work on a designated historic site, landmark, or improvement, or within a historic district, shall be made to the planning director who will then present such applications to the commission.
3. All such applications shall be accompanied by the following:
a. A clear statement of the proposed work;
b. Plans describing the size, characteristics, and appearance of the proposed work and its relationship to adjacent structures, if any;
c. A site plan showing all existing buildings and structures and the proposed work;
d. Reasons for the proposed work, or demolition if demolition is proposed;
e. Property owner’s concurrence, if applicant is not the property owner.
C. Any other materials considered by the planning director or planning commission to be reasonably necessary for the proper evaluation of the proposal.
D. Public Hearing. The planning commission shall hold a public hearing on the application. Notice of such hearing shall be given as required by state law. The planning commission shall complete its review and make a decision within fifty days of the date of receipt of the completed application.
E. Findings. The planning commission, or the city council upon appeal, may approve, approve with modifications, or disapprove an alteration permit based on the following criteria and pursuant to Section 18.54.030(C) (Powers and Duties) for the historic preservation overlay district. Prior to approval, or approval with modifications, the planning commission, or the city council upon appeal, shall find that:
1. The action proposed is consistent with the purposes of this chapter.
2. The action proposed will not detrimentally alter, destroy, or adversely affect any exterior architectural feature, or character of a historical site, building, landmark, structure, district, or improvement.
3. In the case of construction of a new improvement, building, or structure upon a historic site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings, structures, and features on and around said site.
4. If applicable, the applicant has demonstrated that the action is necessary to correct an unsafe or dangerous condition on the property. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.18.060 Creative sign permit.
A. Purpose. The purpose of a creative sign permit is to provide a process for property owners and businesses to propose, and for the city to consider special deviations from the regulations for on-site permanent signs provided in this title under certain limited circumstances. The creative sign permit also provides a process for the city to review special signage types prior to issuance of a sign permit. The intent of the creative sign permit is to:
1. Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
2. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
B. Applicability. An applicant may request approval of a creative sign permit in order to allow a sign that may require standards that differ from the signage provisions of this title, but complies with the purpose and findings for a creative sign permit. Establishments that are eligible for a creative sign permit include any commercial, office, or industrial use in the city.
C. Approving Authority and Procedures.
1. The planning commission, or his or her designee, shall be the designated approving authority for creative sign permit.
2. Multiple Signs. One creative sign permit application may be submitted for multiple signs, provided all signs are on the same property and/or as part of the same tenant. In such instances, the application may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial.
D. Review Process.
1. The planning commission, in accordance with provisions of this division, may approve, conditionally approve, or deny an application for a creative sign permit and in granting approval may impose such requirements and conditions with respect to location, siting, construction, maintenance, operation, and any other aspect of the use as may be deemed necessary for the protection of the public welfare. The granting of a creative sign permit shall not exempt the applicant from complying with the requirements of the city’s building codes, other requirements of this code, or other city, county, state, or federal requirements which may be applicable.
2. The application shall be accompanied by plot plans, elevations, landscaping plans, and any additional maps, drawings, and/or materials as may be deemed necessary by the planning director and in such detail as may be required in order to adequately review the application and evaluate its effect on surrounding properties.
3. Public hearing is required for a creative sign permit. Notice and hearing shall be provided in accordance with Section 18.14.050 (Public hearing and public notice).
4. Upon the approval of an application, the planning director, or his or her designee, shall have prepared an approval notification that will constitute the creative sign permit, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning department, and one copy of which shall be forwarded to the building official. In addition, a copy shall be forwarded to any other department or agency the planning director considers affected by the issuance of the permit.
E. Deviations Allowed. The following types of deviations from the signage standards of this title may be requested by the applicant for a creative sign permit and may, upon written findings, be approved by the approving authority:
1. Increases in maximum allowed area for permanent signs on the subject site;
2. Allowances for types of lighting not otherwise permitted by this title;
3. Allowances for types of signs not specifically permitted by this title; and
4. Allowances for signs to exceed the maximum height requirement(s).
F. Considerations and Basis for Deviations. In approving an application for a creative sign permit and any deviations from the signage standards of this title, the designated approving authority shall ensure that the proposed sign meets the following criteria:
1. Design Quality. The sign shall:
a. Have a positive visual impact on the surrounding area;
b. Be of unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
c. Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.
2. Contextual Criteria. The sign shall contain at least one of the following elements:
a. Classic historic design style;
b. Creative image reflecting current or historic character of the city; or
c. Inventive representation of the logo, name, or use of the structure or business.
3. Architectural Criteria. The sign shall:
a. Utilize or enhance the architectural elements of the building; and
b. Be placed in a logical location in relation to the overall composition of the building’s facade and not cover any key architectural features and details of the facade.
c. Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.
G. Findings. A creative sign permit shall be granted only when the designated approving authority makes all of the following findings:
1. The proposed creative sign permit is consistent with the objectives of the general plan;
2. The proposed signage is consistent with the purposes of the creative sign permit; and
3. The proposed deviations from the signage standards of this title are consistent with the considerations and basis for deviations listed in this title.
H. Time Limits and Extensions. A creative sign permit shall be in effect for the duration of the use, or for a time period or periods specified in the conditions of approval, or until such time as a revocation of the permit is effectuated. A creative sign permit may be extended in accordance with provisions of Section 18.14.090 (Permit time limits and extensions).
I. Permit Runs with Land. Unless otherwise specified in the conditions, a conditional use permit shall apply to the property for which it was granted and shall be transferable to any future owner or tenant thereof.
J. Revocation. A creative sign permit granted in accordance with the terms of this chapter shall be deemed revoked if not exercised within one year from date of approval. A creative sign permit may also be revoked consistent with provisions in Section 18.14.110 (Revocation). (Ord. 738 § 1 (Exh. A) (part), 2013).