Chapter 17.62
PERMIT REVIEW AND DECISIONS
Sections:
17.62.030 Architectural Review
17.62.050 Planned Development Permit
17.62.070 Use Permit and Minor Use Permit
17.62.080 Variance and Minor Variance
17.62.010 Purpose
A. Permit review procedures. This chapter provides procedures for the final review and approval or disapproval of the planning permit applications established by this Zoning Ordinance.
B. Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are in the City’s Subdivision Ordinance.
C. Application filing and initial processing. Where applicable, the procedures of this chapter are to be carried out after those described in Chapter 17.60 (Permit Application Filing and Processing), for each application.
17.62.020 Zoning Clearance
A. Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed new land use or structure is allowed in the applicable zone, and that the project complies with all applicable requirements of this Zoning Ordinance.
B. Applicability. Where Article 2 (Zones, Permitted Land Uses, and Zoning Standards) or other provision of this Zoning Ordinance requires a Zoning Clearance as a prerequisite to establishing a land use, the Zoning Clearance shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this Zoning Ordinance for the proposed use.
C. Review and approval. The Director shall issue the Zoning Clearance after first determining that the request complies with all Zoning Ordinance provisions applicable to the proposed use. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.
D. Certificate of Occupancy. Upon completion of project construction and prior to occupancy, and prior to a change of use or ownership, the applicant shall apply for and obtain approval of a Certificate of Occupancy from the Seaside Building Division, and also obtain any other permits or approvals required by other City departments, local, state, or federal agencies.
17.62.030 Architectural Review
A. Purpose. Architectural review is intended to improve the aesthetic appearance of open spaces and structures, especially those visible from public rights-of-way, and to establish design standards and policies promoting and enhancing good design.
B. Applicability. Architectural review shall be required for the following projects:
1. For nonresidential, multi-family residential, and mixed-use projects: all new construction and additions of 50 percent or greater to existing structures;
2. For single-family residential projects: all new construction, additions to existing structures that result in a height of greater than 18 feet, and all new second-story elements including decks, roofs, projections, etc.;
3. Landscape and irrigation plans for new construction of multi-family residential, commercial, and other nonresidential development;
4. Residential subdivisions resulting in two or more dwellings;
5. Publicly financed projects administered by the City;
6. Master sign programs and murals as required by Subsection 17.40.080.D, or signs proposed within the City that are determined by the Zoning Administrator not to be professionally rendered or in strict compliance with Chapter 17.40 (Signs) or an existing master sign program previously approved by the Board of Architectural Review; provided, that each sign complies with the requirements of Chapter 17.40 (Signs); and
7. Satellite dish antennas greater than one meter in diameter;
8. Any change(s) to projects that previously received Architectural Review approval from the Board of Architectural Review that cannot be approved by the Zoning Administrator in accordance with Section 17.64.090 (Changes to an Approved Project).
C. Review authority. Architectural review shall be conducted by the Board of Architectural Review which shall report its findings to the applicable project review authority. A project that requires Commission and/or Council approval shall obtain that approval prior to final design approval by the Board of Architectural Review. The Director may require what the Director determines to be a project of significant size or impact to receive conceptual design review by the Board of Architectural Review prior to final action by the Commission or Council.
D. Staking and flagging required. At least 14 days prior to the date of consideration for an Architectural Review application, staking and flagging shall be erected by the applicant or the applicant’s agent, for all proposed new commercial structure(s), and residential new construction and addition(s) to existing structure(s) over 18 feet in height, to demonstrate the dimensions and heights of the ridge lines at the highest peak of each roof line and perimeter. Staking and flagging installation shall comply with the City’s standards on staking and flagging.
E. Review considerations. Architectural review approval shall require that the Board of Architectural Review shall first evaluate the following aspects of each project:
1. Architectural considerations. Architectural considerations, including the character, quality, and scale of the design, architectural relationship with the site and other structures, building materials, colors, fencing, trash enclosure and walkway improvements, exterior lighting and signs, and the screening of exterior appurtenances.
2. Landscape considerations. Landscape considerations, including the color, coverage, location, size, texture, and type of plant materials, provisions for irrigation, maintenance, and the protection of landscaped areas, and similar elements. The Board of Architectural Review shall encourage the planting of native and/or drought-tolerant landscaping in compliance with Section 17.30.040 (Landscaping Standards).
3. Lighting considerations. Proposed outdoor lighting, including the proposed placement of fixtures, type of fixtures, and illumination levels.
F. Conditions of approval. In making its decisions, the Board of Architectural Review may impose the conditions as it deems reasonable and necessary to protect the best interests of the surrounding area, as well as to further the public health, safety, and general welfare of the community.
G. Review and approval of minor changes. The Board of Architectural Review may adopt, by resolution, subject to ratification by the Commission, measures to streamline the review and approval of minor changes not specifically listed in Section 17.64.090 (Changes to an Approved Project).
17.62.040 Limited Term Permit
A. Purpose. This section establishes procedures and standards for the review of Limited Term Permits for short-term activities that may not comply with standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.
B. Review authority. A Limited Term Permit may be reviewed, and approved or disapproved administratively by the Zoning Administrator, in compliance with this section.
C. Applicability. A Limited Term Permit may be granted only for the activities listed in Subsection E of this section.
D. Exempt short-term activities. The following short-term activities are allowed without a Limited Term Permit. A short-term activity that is not within the following categories shall comply with Subsection E or F of this section:
1. Construction yard – On-site. An on-site contractors’ construction yard for an approved construction project. The yard shall be removed from the site immediately upon completion of the project, or the expiration of the Building Permit authorizing construction, whichever occurs first.
2. Emergency activity. Emergency public health and safety activities, as determined by the City Manager or Council.
3. Event on site approved for public assembly. An event on the site of, or within, a public or private meeting facility, school, theater, or similar facility designed and approved by the City for public assembly, and occurring during daylight hours and with no amplified outdoor sound.
4. Event or activities on public property. Parades on public streets, events in public parks, golf courses, or on other publicly owned property, and approved by the City’s Special Events Committee.
5. Fundraising event. A temporary fundraising event within a nonresidential zone, limited to a maximum of one event of no more than three consecutive days, per organization, per month per site. A Limited Term Permit may allow an organization to conduct a fundraising event up to six times per year. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or an organization that is tax exempt in compliance with U.S. Internal Revenue Code Section 501(c).
6. Garage sales. Garage sales, not to exceed four per year and two consecutive days, in compliance with Section 17.52.110 (Garage Sales).
7. Public property or public right-of-way work. Construction and maintenance activities conducted on public property that is authorized by an encroachment permit.
E. Allowed short-term activities. The following short-term limited activities may be allowed with a Limited Term Permit, in compliance with this section. A Limited Term Permit may authorize an activity for the time specified by this section, but in no event for more than 12 months. Other short-term activities that are not within the following categories shall instead comply with the planning permit requirements and standards that otherwise apply to the site:
1. Caretaker unit. See definition under Chapter 17.98 (Definitions).
2. Construction yard – Off-site. An off-site contractors’ construction yard for an approved construction project. The yard shall be removed immediately upon completion of the project, or the expiration of the Building Permit authorizing construction, whichever occurs first.
3. Events. Art and craft exhibits, carnivals, circuses, concerts, fairs, farmers markets, festivals, flea markets, food events, open air sales, outdoor entertainment/sporting events, religious revivals, rummage sales, secondhand sales, sidewalk sales, swap meets, and other special events, for up to five consecutive days, or four two-day weekends, within a 12-month period, on private, nonresidentially zoned property.
4. Fundraising event. A temporary fundraising event within a residential zone, limited to a maximum of one event of no more than three consecutive days, per organization, per month per site, may be allowed with the issuance of a Longer Term Limited Permit per Subsection F of this section. A longer term Limited Term Permit may allow an organization to conduct a fundraising event up to six times per year. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or an organization that is tax exempt in compliance with U.S. Internal Revenue Code Section 501(c).
5. Location filming. The temporary use of a site for location filming for commercials, movies, videos, etc., for the time specified by the Zoning Administrator, but not to exceed 12 months.
6. Model homes. A model home or model home complex may be authorized in compliance with the following standards, and other requirements deemed necessary by the Zoning Administrator:
a. The sales office and any off-street parking shall be converted back to residential use and/or removed before final building inspection, or within 14 days from the sale of the last parcel in the subdivision, whichever first occurs.
b. The model home complex shall be used only to sell units within the subdivision where the complex is located.
c. Model homes may be open to the public only after final building inspection, and after all subdivision improvements are completed and accepted by the City.
7. Seasonal sales lots. Seasonal product sales (e.g., for Halloween, Thanksgiving, Christmas) including a temporary security trailer, on private property in a nonresidential zone, for up to 30 days.
8. Temporary facilities during construction. One or more temporary structures may be used during the construction of an approved development as offices, or for the storage of equipment and/or tools.
a. Conditions of approval. Permit approval shall include conditions regarding the following matters:
(1) Requirements for adequate site ingress and egress;
(2) A prohibition on the use of the facility for any work other than that on the same site;
(3) Requirements for the temporary storage of construction debris (e.g., asphalt, concrete, dirt) at designated on-site locations; provided, that the applicant shall furnish a schedule, acceptable to the Zoning Administrator, for the periodic disposal or recycling of the materials; and
(4) Requirements designed to minimize potential conflicts between the work on site and adjacent land uses.
b. Permit time limit. The permit may be approved for up to 12 months following the issuance of a companion Building Permit, or upon completion of the project, whichever occurs first:
(1) The permit may be extended by the Zoning Administrator for an additional 12 months if a written request for extension is submitted at least 14 days before permit expiration, and the applicant provides justification for the request that is determined by the Zoning Administrator to be reasonable (e.g., the delay was caused by reasons beyond the applicant’s control).
(2) A permit for temporary construction facilities may be extended by the Zoning Administrator as needed; provided, that all construction facilities and equipment shall be removed from the site prior to the approval of a Certificate of Occupancy.
c. Condition of site following completion. Each temporary structure and related improvements shall be completely removed from the site following the expiration of the Limited Term Permit, or within 30 days of completion of the development project, whichever occurs first.
9. Temporary real estate sales office. A temporary real estate sales office may be approved within an approved subdivision, solely for the first sale of homes within the subdivision. The sales office shall be completely removed from the site prior to issuance of a Certificate of Occupancy.
10. Temporary business office or private school classroom. A trailer or mobile home may be allowed as a temporary work site for employees of a business in advance of the completion of a permanent facility, or as a temporary classroom for a school; provided, that:
a. The use has been granted Use Permit approval by the Commission, and a Building Permit is obtained for the trailer or mobile home, and the permanent structure;
b. The use is appropriate because:
(1) The trailer or mobile home will be in place during construction or remodeling of a permanent commercial, industrial, or classroom structure for a maximum of 12 months, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or
(2) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of 12 months, while a permanent work site is being obtained; and
c. The trailer or mobile home is removed before final building inspection or the issuance of a Certificate of Occupancy for the permanent structure.
(1) A temporary business office or school classroom may be allowed for up to 24 months, and the Commission may grant one extension of up to 12 months.
11. Similar temporary activities. A temporary activity that the Zoning Administrator determines is similar to the other activities listed in this subsection, and compatible with the applicable zoning and surrounding land uses.
F. Longer-term limited activities subject to a Use Permit. The Commission may authorize a temporary land use that would occur for a longer period than allowed short-term land uses listed under this section by Use Permit approval, in compliance with Section 17.62.070 (Use Permit and Minor Use Permit). The Commission may determine that a proposed temporary land use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings with the determination:
1. The characteristics of, and activities associated with, the use are similar to one or more of the listed allowed short-term uses under Subsection E of this section and will not involve a greater intensity than the uses listed in the zone;
2. The use will be consistent with the intents and purposes of the applicable zone;
3. The use is consistent with the General Plan and any applicable specific plans;
4. The use is compatible with the other uses allowed in the zone; and
5. The use is not listed as allowable in any other zone.
A determination that a use qualifies as a similar and compatible use, with the findings supporting the determination, shall be made in writing upon Use Permit approval.
G. Development standards. The Zoning Administrator shall establish the following standards based on the type of short-term activity, using the requirements of the applicable zone, and Articles 3 (Site Planning, Design, and Operational Standards) and 4 (Standards for Specific Land Uses) for guidance:
1. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;
2. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Ordinance; and
3. Limitation on the duration of any approved “temporary structure,” to a maximum of 12 months, so that it shall not become a permanent or long-term structure.
H. Application filing and processing. An application for a Limited Term Permit shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for Limited Term Permits, and any applicable fees. An application for a Limited Term Permit shall be submitted at least four working days prior to the proposed event date in order for staff to review the request.
I. Project review, notice, and hearing.
1. Zoning Administrator review. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance.
2. Public notice and hearing requirements. No public notice or hearing is required prior to a Zoning Administrator decision on a Limited Term Permit. Public notice and a hearing is required prior to a Commission decision on a Use Permit in compliance with Chapter 17.78 (Public Hearings).
J. Findings and decision. The Zoning Administrator shall approve a Limited Term Permit only after first finding that the requested short-term activity complies with all applicable standards in this section.
K. Post-approval procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following a decision on a Limited Term Permit application.
1. Condition of the site following short-term activity. Each site occupied by a short-term activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Ordinance. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished in compliance with Section 17.64.070 (Performance Guarantees).
2. Performance security for temporary structures. Before issuance of a Limited Term Permit, the applicant shall provide performance security in a form and amount acceptable to the Zoning Administrator to guarantee removal of all temporary structures within 30 days following the expiration of the Limited Term Permit in compliance with Section 17.64.070 (Performance Guarantees).
17.62.050 Planned Development Permit
A. Purpose. The Planned Development Permit is intended to provide for flexibility in the application of Zoning Ordinance standards to proposed development under limited and unique circumstances. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Zoning Ordinance standards would produce without adjustment. The City expects each Planned Development project to be of obvious, significantly higher quality than would be achieved through conventional design practices and standards. Economic gain or the loss of prospective profits shall not be a basis for consideration of a Planned Development Permit.
B. Applicability. A Planned Development Permit application may be filed and processed only under the following circumstances:
1. Minimum site area. A Planned Development Permit may be requested only for a residential, commercial, industrial, or mixed-use development on a site of one acre or larger.
2. Timing of permit. No Building or Grading Permit shall be issued on a site for which a Planned Development Permit is proposed until the Planned Development Permit has been approved in compliance with this section.
3. Scope of approval.
a. Planned Development Permit approval may adjust or modify, where determined by the review authority to be necessary and justifiable, any applicable development standard of this Zoning Ordinance (e.g., building height, setbacks, parking, street layout); provided, that the approval shall not authorize a land use that is not allowed in the applicable zone by Article 2.
b. A project proposing increased residential density may only be approved by the Council in compliance with Chapter 17.33 (Affordable Housing Incentives).
C. Project design and development standards. A planned development project shall be designed and constructed in compliance with the following requirements, in addition to all other applicable requirements of this Zoning Code:
1. Infrastructure requirements. A planned development proposal shall not be approved unless adequate sewer and water lines and streets already service the site, or the developer proposes to install the facilities at the developer’s expense.
2. Street design. The street system in a planned development shall conform to the existing topography rather than cut through it, to minimize cut-and-fill grading activities. A planned development of five or more acres shall be designed and constructed with direct access to at least one major thoroughfare.
3. Preservation of community assets and landmarks. Historic places, groves, scenic points, trees, waterways, and other community assets and landmarks within the project site shall be preserved to the greatest extent possible.
4. Open space. A residential planned development project of three acres or more shall be designed to either provide a minimum of 10 percent of the total area in one centrally located usable open space area, or dedicate 10 percent of the total area of the site to the City. If the latter alternative is proposed, the City shall reserve the right to accept or reject a dedication. In either instance, at least one-half of the total open space area shall be directly accessible to the public, and open to use year-round.
5. Screening buffer. A planned unit development project proposed to be of higher density or different character than an existing abutting single-family residential neighborhood shall be designed and constructed to provide an appropriate screening buffer between the proposed development and the abutting residential neighborhood.
D. Application filing and processing.
1. Pre-application conference. An applicant who intends to file an application for Planned Development Permit approval shall first participate in a pre-application conference in compliance with Subsection 17.60.040.A (Application Preparation and Filing – Pre-application conference).
2. Application content. An application shall be prepared and filed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection G.1 of this section.
E. Review authority. A Planned Development Permit may be granted by the Commission.
F. Project review, notice, and hearing.
1. Application review. Each Planned Development Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this section. The Director shall submit a staff report and recommendation to the Commission for their consideration.
2. Public hearing. The Commission shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).
G. Commission action. Following a public hearing, the Commission may approve or disapprove a Planned Development Permit, and shall record the decision and the findings upon which the decision is based.
1. Required findings. The Commission may approve a Planned Development Permit only after first finding that:
a. The project is consistent with the General Plan and any applicable specific plan, any applicable density bonus requirements (see Chapter 17.33 – Affordable Housing Incentives), and allowed within the applicable zone;
b. The project complies with all applicable provisions of this Zoning Ordinance other than those modified by the Planned Development Permit;
c. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan;
d. The approved modifications to the development standards of this Zoning Ordinance are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of any identified environmental impacts;
e. The development authorized by the Planned Development Permit approval will be of significantly higher quality, more energy efficient, more conserving of resources, and will produce fewer and less serious environmental impacts than development that could otherwise occur in compliance with the requirements of this Zoning Ordinance without adjustment;
f. The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;
g. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
2. Conditions of approval. In approving a Planned Development Permit, the Commission may impose any conditions deemed reasonable and necessary to ensure that the project will comply with the findings required by Subsection G.1 of this section.
H. Time limit and expiration. A Planned Development Permit shall expire and become void 12 months from the date of approval, or upon the expiration of another time limit established by the review authority, unless project construction has commenced within the required time limit, and construction continues thereafter under valid Building Permits, or an extension of time has been granted by the Zoning Administrator. A Planned Development Permit may be extended once, for a maximum of 12 months.
I. Post approval procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following a decision on an application for Planned Development Permit approval.
17.62.060 Precise Plan
A. Purpose. This section establishes procedures and standards for the review of Precise Plans, based on the authority provided by the General Plan and Government Code Section 65451. A Precise Plan provides a process for the detailed planning of an area to be developed or redeveloped with streets, blocks, and lots, public facilities, and other physical features, where the additional detail otherwise provided by a specific plan is not needed.
B. Citizen participation program. The preparation of a Precise Plan shall incorporate citizen participation as deemed appropriate by the Director.
C. Contents of Precise Plan. Each Precise Plan shall include conditions, programs, regulations, and proposed legislation regarding all of the following:
1. The location of and standards for land uses and facilities;
2. The location of and standards for roads, streets, and other transportation facilities;
3. Standards for population density and building intensity, and provisions for supporting services;
4. Standards for the conversion, development, and use of natural resources;
5. Provisions for maximizing open space; and
6. Other appropriate measures as determined by the City.
D. Application preparation, filing, and processing. An application for a Precise Plan shall be prepared, filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection F of this section (Findings and decision).
E. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance. The Commission shall conduct a public hearing on a proposed Precise Plan before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).
F. Findings and decision. The review authority may approve or deny a proposed Precise Plan, or approve a Precise Plan with requirements that the plan be modified in ways specified by the review authority and returned to the review authority for final approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a Precise Plan only after first finding all of the following:
1. The proposed Precise Plan complies with all applicable provisions of this Zoning Ordinance and the Municipal Code;
2. The proposed use is consistent with the General Plan, the Fort Ord Reuse Plan where applicable, and any applicable specific plan;
3. The Precise Plan will produce development with design, location, size, and operating characteristics that are compatible with the existing and planned future land uses in the vicinity;
4. The site is physically suitable for the type, density and intensity of development being proposed, including access, utilities, and the absence of physical constraints; and
5. Precise Plan approval will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone district in which the property is located.
G. Post review procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following the decision on an application for a Precise Plan.
17.62.070 Use Permit and Minor Use Permit
A. Purpose. The Use Permit and Minor Use Permit are for the discretionary review of uses and activities that may be appropriate in an applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Use Permit or Minor Use Permit approval or denial is entirely at the discretion of the City, and approval may be granted only in compliance with this section.
B. Applicability. The requirements of this section apply to uses listed within Article 2 (Zones, Permitted Land Uses, and Zoning Standards) as requiring either a Use Permit or Minor Use Permit. Minor Use Permit approval may be considered only for a project that is exempt from the California Environmental Quality Act (CEQA). A project that is required by Article 2 to have Minor Use Permit approval, but is not exempt from CEQA, shall instead require a Use Permit.
C. Review authority. A Use Permit shall be approved or denied by the Commission; a Minor Use Permit shall be approved or denied by the Zoning Administrator; provided, that the Zoning Administrator may choose to refer any Minor Use Permit application to the Commission for hearing and decision in the same manner as a Use Permit.
D. Application filing and processing. A Use Permit or Minor Use Permit application shall be prepared, filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection F of this section (Findings and decision).
E. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance.
1. Use Permit. The Commission shall conduct a public hearing on an application for a Use Permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).
2. Minor Use Permit. The Zoning Administrator shall conduct a public hearing on an application for a Minor Use Permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).
3. Staking and flagging required. At least 14 days prior to the date of a hearing as described in Subsections E.1 and E.2 of this section, an applicant requesting approval of a Use Permit or Minor Use Permit shall erect staking and flagging, for all proposed new commercial structure(s), and residential new construction and addition(s) to existing structure(s) over 18 feet in height, to demonstrate the dimensions and heights of the ridge lines at the highest peak of each roof line and perimeter. Staking and flagging installation shall comply with the Department handout on staking and flagging.
F. Findings and decision. The review authority may approve or deny an application for Use Permit or Minor Use Permit approval. The review authority may approve a Use Permit or Minor Use Permit only after first finding all of the following:
1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;
2. The proposed use is consistent with the General Plan and any applicable specific plan;
3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and planned future land uses in the vicinity;
4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and
5. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone district in which the property is located.
G. Findings and decision for Americans with Disabilities Act (ADA) accommodations. The review authority may approve or deny an application for Minor Use Permit approval for a modification to development standards of this Zoning Ordinance for a residential project after first making the following findings. The review authority shall record the decision and the findings on which the decision is based.
1. An individual protected under the Americans with Disabilities Act has a special need that would only be served by the requested modification to development standards for the proposed project;
2. The design, location, size, and operating characteristics of the proposed modification are compatible with the existing and planned future land uses in the vicinity; and
3. Alternative accommodations which may provide an equivalent level of benefit, but would not require modifications to the development standards of this Zoning Ordinance, are infeasible for the proposed project.
H. Conditions of approval. In approving a Use Permit or Minor Use Permit, the review authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by Subsection F of this section. Any Use Permit granted for any medical or adult cannabis dispensary shall include as a condition the obtaining of a development/operating agreement with the City which shall require periodic review of performance and compliance as deemed appropriate by the City.
I. Post review procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following the decision on an application for a Use Permit or Minor Use Permit. (Ord. 1046 § 1(D), 2018)
17.62.080 Variance and Minor Variance
A. Purpose. The Variance and Minor Variance provide a process for City consideration of requests to waive or modify certain standards of this Zoning Ordinance when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zone.
B. Applicability. A Variance or Minor Variance may be granted to waive or modify any requirement of this Zoning Ordinance except allowed land uses, residential density, specific prohibitions (for example, prohibited signs), or procedural requirements.
C. Review authority.
1. Variance. A Variance shall be approved or denied by the Commission.
2. Minor Variance. A Minor Variance may be approved or denied by the Zoning Administrator to grant relief from only the following requirements of this Zoning Ordinance, up to a maximum reduction of 10 percent:
a. Distance between structures;
b. Parcel dimensions (not area);
c. Setbacks;
d. Structure height; or
e. On-site parking, loading, and landscaping.
The Zoning Administrator may choose to refer any Minor Variance to the Commission for hearing and decision.
D. Application filing and processing. An application for a Variance or Minor Variance shall be prepared, filed, and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F of this section.
E. Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with this section, and other applicable requirements of this Zoning Ordinance.
1. Variance. The Commission shall conduct a public hearing on an application for a Variance prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).
2. Minor Variance. The Zoning Administrator may approve or deny a Minor Variance without a public hearing, or may choose to refer any Minor Variance application to the Commission for a hearing and decision in the same manner as provided for a Variance by Subsection E.1 of this section.
a. Public notice. The notice shall state that the Director will decide whether to approve or deny the Minor Variance application on the date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.
b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 17.78 (Public Hearings), and the Commission shall conduct the public hearing prior to a decision on the application in compliance with Chapter 17.78.
F. Findings and decision. The review authority may approve or deny an application for a Variance or Minor Variance. The Review Authority shall record the decision and the findings on which the decision is based.
1. Required variance findings. The review authority may approve a Variance only after first making all of the following findings:
a. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and within the same zone;
b. The approval of the Variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zone.
c. The Variance is consistent with the General Plan, and any applicable specific plan.
2. Required Minor Variance findings. The review authority may approve a Minor Variance only after first making all of the following findings:
a. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan.
b. The Minor Variance is consistent with the General Plan, and any applicable specific plan.
c. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use or project, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
3. Reasonable accommodation. The Review Authority may grant a Minor Use Permit for the site planning or development standards of this Zoning Ordinance in compliance with Section 17.62.070 (Use Permit and Minor Use Permit), based on the findings of Subsection 17.62.070.G (Findings and decision for Americans with Disabilities Act (ADA) accommodations).
G. Conditions of approval. In approving a Variance or Minor Variance, the review authority:
1. Shall impose conditions to ensure that the approval does not grant a special privilege inconsistent with the limitations on other properties in the vicinity, and the zone in which the property is located; and
2. May impose any reasonable conditions to ensure that the approval complies with the findings required by Subsection F of this section.
H. Post review procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following the decision on an application for a Variance or Minor Variance.