Chapter 18.16
STANDARDS OF REVIEW AND FINDINGS
Sections:
18.16.010 Requirement that findings be made upon grant of application.
18.16.030 Standards for design review.
18.16.040 Specific findings necessary for use permit.
18.16.050 Specific findings necessary for variance.
18.16.060 Findings for approval of subdivision.
18.16.010 Requirement that findings be made upon grant of application.
A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this code to be given, the body shall make findings to support its decision.
B. Subsection (A) of this section applies only to a determination made in the reviewing body’s adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a land use regulation. The existence or nonexistence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.16.020 Determination before making recommendation on change in zoning district classification or land use regulation.
Before the planning commission makes its recommendation on an application for (1) a change of zoning district applicable to the subject property or (2) a change in the text of a land use regulation, it shall make specific written findings in accordance with PMC 18.48.030. [Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.16.030 Standards for design review.
The reviewing body shall comply with PMC 18.36.120 and 18.36.220 prescribing the standards applicable to the process of design review required by Chapter 18.36 PMC. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.16.040 Specific findings necessary for use permit.
A use permit may be granted only after a determination that the proposed use:
A. Is in accord with the objective of this title, the purposes of the land use district in which it is located and is appropriate to the specific location;
B. Is not detrimental to the health, safety, and general welfare of the city;
C. Will not adversely affect the orderly development of property within the city;
D. Will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the city;
E. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan;
F. Will not create a nuisance or enforcement problem within the neighborhood;
G. Will not encourage marginal development within the neighborhood;
H. Will not create a demand for public services within the city beyond that of the ability of the city to meet in the light of taxation and spending restraints imposed by law;
I. Is consistent with the city’s approved funding priorities; and
J. If located within the pedestrian commercial (CP) district, will support the goals of creating a vibrant, economically prosperous, visually interesting, and engaging pedestrian oriented atmosphere along the primary downtown corridor. [Ord. 17-1439 § 4 (Exh. A), 2018; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.16.050 Specific findings necessary for variance.
A variance may only be granted when:
A. Because of special circumstances concerning the subject property including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and in the same land use district;
B. The variance will not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same land use district;
C. The variance substantially complies with the intent and purpose of the land use district to which the property is classified; and
D. In the case of a variance from open space regulations, the grant of a variance is consistent with Government Code Section 65911 and will not conflict with general plan policies governing orderly growth and development and the preservation and conservation of open space lands. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.16.060 Findings for approval of subdivision.
A. The planning commission may not approve a tentative subdivision map unless it finds with reference to the proposed subdivision that each of the conditions set forth in PMC 17.20.060(C) exists.
B. The planning commission shall deny approval of a tentative subdivision map and the city council shall deny approval of a tentative subdivision map if it determines that approval will result in any of the conditions described in Government Code Section 66474. However, if the planning commission has previously approved a tentative subdivision map by final decision, the city council may not deny approval of the final subdivision map if the final map is in substantial compliance with the previously approved tentative subdivision map. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]