Chapter 17.25
CLASS IV APPLICATIONS—DISCRETIONARY
Sections:
17.25.030 Review Authority and Related Procedures.
17.25.040 Application Filing, Fees, and Project Review.
17.25.050 Project Notice and Required Actions.
17.25.060 Public Hearing, Findings and Decision.
17.25.070 Post-Decision Procedures.
17.25.090 Revisions to an Approved Site Plan.
17.25.100 Conditional Use Permit.
17.25.110 Tentative Subdivision Maps.
17.25.010 Purpose.
The Class IV application is a discretionary process for reviewing uses and standards 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 IV applications require public notification and a public hearing. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.25.020 Applicability.
A Class IV application is required to authorize actions by the Commission. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.25.030 Review Authority and Related Procedures.
A. General Requirements. A Class IV 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 IV application established in this code.
B. Referral. The review authority may refer a Class IV application to the next higher review authority for consideration and decision. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.25.040 Application Filing, Fees, and Project Review.
Applications for a Class IV 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)
17.25.050 Project Notice and Required Actions.
The Department shall provide notice of the hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)) on a Class IV application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.25.060 Public Hearing, Findings and Decision.
Class IV application public hearing, findings and decision shall be in compliance with Sections 17.06.120 (Public Hearing Procedure), 17.06.130 (Findings and Decision), and 17.06.150 (Decision after Administrative Hearing or Public Hearing). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.25.070 Post-Decision Procedures.
Class IV 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)
17.25.080 Zone Regulations.
Unless specifically modified by an approved Class IV application, all regulations prescribed in the underlying zone in which such permit is granted shall apply. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.25.090 Revisions to an Approved Site Plan.
The review authority may approve revisions to a site plan for an approved Class IV application in accordance with Chapter 17.08 (Revocations and Revisions) and Chapter 17.09 (Minor Permit Modifications). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.25.100 Conditional 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 conditional use permits, 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 development 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 conditional use permits.
B. Applicability. A conditional use permit shall be filed as a Class IV application, subject to this chapter. The reviewing authority shall review an application for a conditional 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 conditional use permit be approved for the use;
2. Certain land development requirements and activities;
3. Any structure exceeding the height established for the underlying zone;
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 conditional use permit 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 (Type II Public Noticing (Public Hearing)).
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);
F. Conditions of Approval. In approving a Class IV permit application for a conditional use permit, the approving authority may impose such conditions as deemed necessary to ensure that the conditional 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 conditional 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 IV permit for a conditional use permit, 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)
17.25.110 Tentative Subdivision Maps.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Project Notice and Required Actions.
E. Findings.
F. Expiration and Extensions.
A. Purpose. This section establishes procedures and requirements for the review and approval of tentative subdivision maps for the division of all land within the City, in accordance with the Subdivision Map Act and this code.
B. Applicability. This section shall regulate the content of tentative subdivision maps for all land within the City and the filing of tentative tract maps and tentative parcel maps as indicated below:
1. A tentative parcel map shall be required for a subdivision of land consisting of four (4) or less lots.
2. A tentative tract map shall be required for a subdivision of land consisting of more than four (4) lots or any condominium project.
3. A vesting tentative tract map or vesting tentative parcel map may be submitted for all subdivisions.
C. Application Filing, Fees, and Project Review. Applications for a tentative subdivision map 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 (Type II Public Noticing (Public Hearing)). Approval of a vesting tentative map shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Code.
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: The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
F. Expiration and Extensions. In the granting of a Class IV permit for a tentative subdivision map, the applicant shall record the map in compliance with Section 17.06.230 (Time Limits and Extensions) and Subdivision Map Act. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.25.120 Variances.
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 variances, a form of relief from development standards within this code. A variance may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this code develop through the strict application and enforcement of such development standards and provisions.
B. Applicability. Unless specifically modified by a variance, all regulations prescribed in the underlying zone in which such variance is granted shall apply. A variance shall be filed as a Class IV application, subject to this chapter.
1. A variance may be granted to allow the modification of any development standard.
2. A variance shall not be granted to permit a use that is prohibited in a zone.
C. Application Filing, Fees, and Project Review. Applications for a variance 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 (Type II Public Noticing (Public Hearing)).
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. That the variance does not authorize a use or activity that is not allowed in the zone;
2. 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;
3. 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;
4. 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; and
5. 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.
F. Conditions of Approval.
1. In approving a Class IV permit application for a variance, the approving authority may impose such conditions as deemed necessary to ensure that the variance 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 variance is requested.
2. All development standards prescribed in the zone shall apply unless specifically modified by the variance.
G. Expiration and Extensions. In the granting of a Class IV permit for a variance, 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)