30-21 - VARIANCES, USE PERMITS: PROCEDURE.

a.

When Permitted. A variance shall be granted only when the strict and literal interpretation of the regulations in the particular case would involve practical difficulties or unnecessary hardship, and only to the extent necessary to overcome such difficulties or unnecessary hardship. No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same district and vicinity.

b.

Standards. A variance in whole or in part or subject to conditions as provided in paragraph c. may be granted by the Planning Board if the information presented in the application or at the hearing establishes that:

1.

There are exceptional or extraordinary circumstances applying to the property involved or to the proposed use of the property;

2.

Because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this section would result in practical difficulty or unnecessary hardship such as to deprive the applicant of a substantial property right possessed by other owners of property in the same class of district; and

3.

The granting of the variance will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to persons or property in the vicinity.

c.

Procedure for Conditions. In granting a variance, the character and extent thereof shall be specified. A variance may be made conditional and it may be made valid for a specified time period. Once any portion of a variance is utilized all such conditions and specifications shall be immediately operative, and the violation of any of them shall constitute a violation of this section.

d.

Amendment of Application. If it appears at the hearing that a variance differing from the specific variance sought could properly be granted under the provisions of this section, the applicant may then and there offer to amend the application. The Board may, if it finds that the amended application falls within the scope of the notice of hearing, accept and act upon the amended application without further publication.

(Ord. No. 535 N.S. § 11-161; Ord. No. 1277 N.S.; Ord. No. 1792 N.S.)

a.

Approval by Zoning Administrator. An application for a variance to size or frontage requirements of lots, yard or open space requirements, or height limitation of buildings, fences, hedges, walls and other structures, may be approved by the Zoning Administrator where the Administrator determines that the conditions of subsection 30-21.1b have been met and that the reduction in requirements is nonsubstantial. The Zoning Administrator may make approval conditional and may refer applications to the Planning Board.

b.

Notice and Hearing. Notice of a hearing before the Zoning Administrator shall be given pursuant to subsection 30-21.7. In addition thereto a general description of the application shall be included in the post card.

The hearing shall be held in the place designated by the Zoning Administrator in the notice of hearing within a reasonable time after the filing of the application. The Zoning Administrator shall consider all evidence received by the office on the application and consider these when making a decision on the application.

c.

Appeal. The applicant, a member of the public, or a member of the City Council or Planning Board may appeal the decision of the Zoning Administrator within ten (10) days after the decision of the Zoning Administrator. Appeals shall be heard by the Planning Board pursuant to Section 30-25.

d.

Substantial Reductions. The Zoning Administrator may not find a reduction in requirements of this section nonsubstantial where:

1.

A reduction in lot area or width requirements would create a division of property subject to review under the subdivision regulations; or

2.

An application for a variance on the same lot has been heard by the Planning Board within one (1) year; or

3.

The application is for an expansion in an existing nonconforming use or reduction in parking requirements.

(Ord. No. 1792 N.S.; Ord. No. 2025 N.S.; Ord. No. 2625 N.S. § 1; Ord. No. 2920 N.S. § 26)

30-21.3 - Use Permits.

a.

When Permitted. Approval of a use in any district which is listed as a use requiring a use permit shall be granted only when the use will favorably relate to other property, uses and intensities in the vicinity and to the General Plan of the City and will not cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity.

b.

Standards. The City Planning Board shall authorize the issuance of a use permit only if the evidence presented at the hearing is such as to establish:

1.

The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.

2.

The proposed use will be served by adequate transportation and service facilities including pedestrian, bicycle, and transit facilities.

3.

The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy.

4.

The proposed use relates favorably to the General Plan.

The Board may also determine that the proposed use is such that it is necessary to require greater standards than listed specifically in this section in order to correlate the proposed use to other property, uses and intensities in the vicinity.

c.

Conditions. The Board may provide that approval of a use permit shall be contingent upon acceptance and observance of specified conditions, including but not limited to the following matters:

1.

Conformity to plans and drawings submitted with the application.

2.

Special yards, open spaces, buffer strips, walls, fences and landscaping.

3.

Volume of traffic generated, vehicular movements within the site, and points of vehicular ingress and egress.

4.

Performance characteristics related to the emission of noise, vibration and other potentially dangerous or objectionable elements.

5.

Limits on hours of operation or time of day for the conduct of specified activities.

A specified time period during which the use will be permitted.

7.

Guarantees as to compliance with the terms of the approval.

d.

Revocation. In the event of a violation of any of the provisions of the zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, the City Planning Board may, after notice and hearing, revoke any use permit.

e.

Additional Requirement for Hazardous Materials Processing Uses.

1.

Use permits for hazardous materials processing facilities shall be subject to review by the Planning Board. They shall be subject to standards and conditions of approval, including but not limited to the following:

Floodplains. Facilities in areas subject to one hundred (100) year flooding shall be protected by measures to preclude failure, such as berms, raising above flood levels, etc.

Residuals Repositories. Residuals repositories, which are facilities for the permanent storage of hazardous wastes, are prohibited.

Wetlands. No facilities shall be allowed in wetlands, as they are defined by regional or state policies.

Endangered Species. No facilities may be located within critical habitats for endangered species, as the habitats and species are defined by the U.S. Department of the Interior or the State of California.

Unstable Soils. Facilities on steep slopes and areas subject to liquefaction and subsidence shall have engineered design features to assure structural stability.

Distance from Residences. A buffer zone of at least two thousand (2,000') feet shall be required between the operational area of the facility and the nearest residence, unless the developer can demonstrate by risk assessment that a smaller buffer zone provides adequate protection for the public in the event of an accident.

Distance from Immobile Populations. A minimum buffer zone of five thousand (5,000') feet shall be provided between a facility and any immobile population, including schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, day care centers, homeless shelters, and other similar uses, unless the developer can demonstrate by risk assessment that a smaller buffer zone provides adequate protection in the event of an accident.

Transportation. Facilities shall be located so as to minimize distances to major transportation routes which are designed to accommodate heavy vehicles. Access routes leading to major transportation lines should not pass through residential neighborhoods and should be demonstrated to be safe with regard to road design and construction, accident rates, and excessive traffic.

Permeable Strata and Soils. Facilities shall avoid locating on highly permeable soils or sediment. Facilities in areas where surficial soils are principally permeable materials such as sand and gravel shall provide for spill containment and monitoring measures.

Air Quality. All facilities shall comply with the requirements of the Bay Area Air Quality Management District.

Water Quality. All facilities shall comply with the requirements of the Regional Water Quality Control Board. Facilities in high groundwater areas shall be designed to withstand failure because of geologic or soil failures.

Public Services. The developers of all facilities shall demonstrate the availability of adequate public services, including but not limited to police, fire, sewer, water, emergency services, and electricity.

Historic Areas. Facilities shall not be permitted in designated historic areas.

Airport Zones. Facilities shall not be located within an FAA approach zone, air installation compatible use zone, or safety zone as described in the Alameda County Airport Land Use Plan.

Code Compliance. Facilities shall be in full compliance with current Fire and Building Codes.

Alameda County Hazardous Waste Management Plan. Facilities shall be found to be in compliance in all respects with the 1995 Alameda County Hazardous Waste Management Plan.

User Fee. All hazardous waste processing facilities shall be subject to a user fee equal to a user fee equal to ten percent (10) of the facility's gross annual receipts, payable to the City of Alameda, as provided by Section 25173.5 of the California Health and Safety Code.

2.

Notification and Review. Applications shall be subject to additional steps of notification and review, including but not limited to:

a.

When required by Health and Safety Code Section 25199 et seq., filing of a Notice of Intent to make an application with the California Office of Permit Assistance, which shall be published in a local newspaper of general circulation, and shall be posted on the subject property at least ninety (90) days before the scheduled Planning Board hearing.

b.

Completion of a Risk Assessment Checklist supplied by the City.

c.

Formation of a Local Assessment Committee, when required pursuant to Section 25199.7(d) of the California Health and Safety Code, such Committee to provide technical assistance and consulting services as determined by the City, with all such costs to be paid by the applicant.

(Ord. No. 535 N.S. § 11-162; Ord. No. 1277 N.S.; Ord. No. 1792 N.S.; Ord. No. 2727 N.S. § 3; Ord. No. 2979 N.S. § 9)

a.

Approval by Zoning Administrator. An application for a Use Permit may be approved by the Zoning Administrator where the administrator determines that the criteria of subsection 30-21.3b have been met and the application does not pose any special problems or require a change in conditions of approval. The Zoning Administrator may make approval conditional and may refer applications to the Planning Board.

b.

Notice and Hearing. Notice of a hearing before the Zoning Administrator shall be given pursuant to subsection 30-21.7. In addition thereto a general description of the application shall be included in the post card. The hearing shall be held in the place designated by the Zoning Administrator in the notice of hearing within a reasonable time after the filing of the application. The Zoning Administrator shall consider all evidence received by the office on the application and consider these when making a decision on the application.

c.

Appeal. The applicant, a member of the public or a member of the City Council or Planning Board may appeal the decision of the Zoning Administrator by filing a notice of appeal with the Zoning Administrator within ten (10) days after the decision of the Zoning Administrator or within three (3) days after the Zoning Administrator has reported to the Planning Board under subsection 30-21.11, whichever time is greater. Appeals shall be heard by the Planning Board pursuant to Section 30-25.

(Ord. No. 1792 N.S.; Ord. No. 2025 N.S.; Ord. No. 2625 N.S. § 1)

Application for a variance or Use Permit shall be made by the owner of the affected property, or his authorized agent, on a form prescribed by the City Planning Department and shall be filed with such Department. The application shall be accompanied by such information including, but not limited to, site and building plans, drawings and elevations, and operational data, as may be required to permit the review of the proposal in the context of the standards imposed.

(Ord. No. 1792 N.S.)

The City Planning Board shall hold a public hearing on each application for a Variance or Use Permit as required by subsection 30-21.1 and subsection 30-21.3. Hearings shall be held within a reasonable time after the filing of applications.

(Ord. No. 1792 N.S.)

Notice of public hearing shall be given by posting at least one (1) notice thereof on the property involved, by publication of notice once in a newspaper of general circulation within the City at least ten (10) days prior to the hearing and by postal card or letter mailed to owners, as shown on the latest assessment roll, of all properties within one hundred (100′) feet of the subject property and to as many other persons as the Zoning Administrator may deem advisable. Failure to send such notice, where the address of the owner is not a matter of public record, shall not invalidate the proceedings.

(Ord. No. 1792 N.S.)

In case an application is denied by the Zoning Administrator, Planning Board, or, on appeal, by the City Council, it shall not be eligible for resubmittal for three (3) years from the date of the denial, unless, in the opinion of the Zoning Administrator, new evidence is submitted in writing or conditions have changed to an extent that further consideration is warranted.

(Ord. No. 1792 N.S.; Ord. 2920 N.S. § 27)

A Variance or Use Permit shall, if granted, terminate two (2) years from the effective date of its granting unless actual construction or alteration, or actual commencement of the authorized activities in the case of a Variance or Use Permit not involving construction or alteration, has begun under valid permits within such period. When a Variance is associated with an approved parcel map or tentative subdivision map the Variance shall remain valid for the same period of time as the approved parcel map or tentative subdivision map, to the maximum time allowed by the State of California Subdivision Map Act for the land division approvals.

(Ord. No. 1792 N.S.; Ord. No. 2215 N.S.; Ord. 2920 N.S. § 28)

Prior to the expiration of the time limit within which Variances or Use Permits must be first exercised, the grantee may apply for additional time periods within which to exercise the approval, which may be granted on a case by case basis for any length of time, up to a total of a two (2) year extension from the expiration date for the original permit approval. Such applications for extension shall be ruled upon by the Zoning Administrator after public hearing, or by the Planning Board for those approvals including a reduction in the number of required vehicular parking spaces.

(Ord. No. 2215 N.S.; Ord. 2920 N.S. § 29)

The Zoning Administrator shall report, for informational purposes only, all approvals or disapprovals of Administrative Variances or Administrative Use Permits and conditions imposed thereon to the Planning Board at the next regular meeting hereof following the decisions.

(Ord. No. 1792 N.S.; Ord. 2920 N.S. § 30)

30-21.12 - Design Review Coordination.

The Planning Board may request a report on the design review elements of any application.

(Ord. No. 1792 N.S.; Ord. No. 2025 N.S.)

30-22 - AMENDMENTS AND PROCEDURES.