10.5 ENTITLEMENT REVIEW — Belmont Zoning Code

10.5.1 Approval Authority .

(a) Generally. The approval authority for an entitlement application is set forth in the Zoning Ordinance Section governing the particular requirements for that entitlement.

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(b) Dependent Entitlements. When a zoning entitlement may not be granted without the granting of another entitlement from a higher approval authority, the lesser approval authority’s determination is forwarded as a recommendation to the higher approval authority.
(c) Independent Entitlements. When an application seeks an entitlement that may be granted by a lesser authority independent of other entitlements sought in the application that may only be granted by a higher authority, the lesser authority may refer the independent entitlement to the higher authority after rendering a recommendation to approve, conditional approve, or deny the dependent entitlement.
(d) Recommendation Procedure. When a lesser approval authority or other advisory body renders a recommendation to a higher approval authority on an entitlement, the Zoning Administrator shall transmit the recommendation in a staff report to the higher approval authority. The higher approval authority shall follow the same notice and hearing procedures that govern the lesser approval authority’s review of the entitlement application, or more formal procedures.
(e) Hierarchy. Except as otherwise provided, the hierarchy of approval authority is in descending order as follows: City Council, Planning Commission, Zoning Administrator.

10.5.2 Determinations . ¶

(a) Determinations must be consistent with the General Plan and any applicable Specific Plan.
(b) Determinations to approve, conditionally approve, or deny an administrative entitlement application must be made within the timeframes required by law, and be based on evidence in the record and rendered in compliance with due process and all applicable laws.
(c) Administrative entitlement determinations are effective upon the expiration of any applicable appeal period unless an appeal is timely filed. Administrative entitlement determinations that are final when rendered are effective immediately.
(d) As used in this Section, determination includes decisions to approve, conditionally approve, or deny an entitlement application, and decisions to modify or revoke an entitlement.

10.5.3 Conditions of Approval . ¶

(a) Conditions of approval must be reasonable and have a sufficient nexus between the condition imposed and the projected burden of the proposed development.
(b) The approving authority may not condition the issuance of a building permit, variance or use permit on any of the following:
- (1) The dedication of land for any purpose not reasonably related to the use of the property for which a variance, building, or use permit is requested.

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  - (2) The posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which a variance, building, or use permit is requested.

(c) Variances and use permits run with the land and the approval authority may not condition these entitlements on their non-transferability.
10.5.4 Effectiveness . Except as otherwise provided, a zoning entitlement approval is effective 10 days following the date on which the application is approved unless appealed, and remains effective for two years thereafter unless timely extended or timely exercised. Once expired, the entitlement may not be revived.
10.5.5 Extension of Approval. The reviewing body with original jurisdiction to grant the zoning entitlement may grant a 1-year extension of the approval upon making the following findings:
- (a) The governing regulations under which the permit was originally approved have not changed in a way that have established different findings, development standards, or evaluation criteria.
- (b) The applicants have presented a reasonable explanation of the delay in completing the project and have demonstrated intent to complete the project within the next year.
- (c) The surrounding neighborhood conditions and site characteristics have not changed in a way that would no longer provide a factual basis for positively reaffirming the original findings.

10.5.6 Lapse of Entitlement Approval . ¶

(a) An administrative entitlement approval is null and void if the Zoning Administrator determines in accordance with this section that the approval was not timely exercised.
(b) An entitlement is “exercised” if one of the following occurs before the expiration of the approval:
- (1) A valid building permit is issued in relation to the entitlement and construction diligently pursued;
- (2) A valid certificate of occupancy is issued in relation to the entitlement;
- (3) If neither a building permit nor a certificate of occupancy is required, the use has been established in reliance on the entitlement; or
- (4) The applicant has taken substantial action in good faith to implement the permit, and has incurred substantial expense acting in reliance on the entitlement.
(c) If the Zoning Administrator determines that there are reasonable grounds to believe that an administrative entitlement approval was not timely exercised, the Zoning Administrator shall provide written notice to the record owner of the property (as shown on the County’s current equalized assessment roll), the applicant, and any occupant of the property. The notice shall describe the expired entitlement, the basis for the Zoning

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Administrator’s determination, and the opportunity to request a hearing within 14 days of the notice.

(d) If a hearing is requested, the Zoning Administrator shall conduct a public hearing. Notice of the public hearing shall be given under Section 10.1.2.
10.5.7 Amendments . Amendments to approved entitlements are subject to the same application procedure as applications for new entitlements.
10.6 VARIANCES. A variance allows deviation from site development standards where because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under an identical zoning classification. A variance may not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel.
10.6.1 Approval Authority . The Zoning Administrator may grant a variance to commercial and manufacturing site development standards of up to 10 percent. The Planning Commission may grant all other variances.
10.6.2 Application. Application for a Variance shall include a statement of the precise nature of the Variance requested and the practical difficulties or unnecessary physical hardship, which would result from the strict or literal interpretation and enforcement of a specified regulation of this Ordinance, together with any other data pertinent to the findings prerequisite to the granting of a Variance as determined by the Zoning Administrator.
10.6.3 Public Hearing . The approval authority shall hold a public hearing before acting on a variance application. Notice of the public hearing shall be given as provided in Section 10.1.3.
10.6.4 Findings .

(a) All Variances . The approval authority may grant a Variance to a development standard if the following findings are made:

- (1)  There are special circumstances applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district. 

- (2)  The strict or literal interpretation and enforcement of the specified regulation would deprive the property of privileges enjoyed by other properties in the vicinity classified in the same zoning district, including causing practical difficulty or unnecessary physical hardship 

- (3)  The granting of the Variance as conditioned will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. 

- (4)  The granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

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(b) Additional Findings For Parking And Loading . The approval authority may grant a Variance for off-street parking facilities or off-street loading facilities if it makes the findings in Subsection (a) and the following additional findings:
- (1) That neither present nor anticipated future traffic volumes generated by the use of the site, or the uses of sites in the vicinity, reasonably require strict or literal interpretation and enforcement of the specified regulation.
- (2) That the granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
- (3) That the granting of the Variance will not create a safety hazard.
(c) Additional Findings for Zoning Administrator Variances . In addition to the findings in subsections (a) and (b) as applicable, before approving a Variance the Zoning Administrator must find that the cumulative effect of any previously approved variances will not result in the requested development standard alteration exceeding 10 percent.
10.7 USE PERMITS. The purpose of conditional use permits is to provide a process for reviewing land uses which may be compatible with the zoning district, but whose effect on the site and surroundings cannot be determined before being proposed for a specific location. Such uses may be suitable in a zoning district only in specific locations or only if designed in a particular manner or subject to specific conditions.
10.7.1 Public Hearings. The reviewing authority shall hold a public hearing before acting on a Use Permit application. Notice of the public hearing shall be given as provided in Section 10.1.3.
10.7.2 Approving Authority . Except as provided in Section 10.7.4, the Planning Commission shall take action upon every application for a Use Permit.
10.7.3 Planning Commission Review

(a) Findings . The Planning Commission may grant a Use Permit only if it finds the proposed use is in accordance with the provisions of the General Plan and this Ordinance and that the following conditions have been met. The Commission must deny the application for a Use Permit if it is unable to make the findings.

- (1) The location of the proposed use is compatible to other land uses in the general neighborhood area and does not place an undue burden on existing transportation, utilities and service facilities in the vicinity. 

- (2) The site is of sufficient size to accommodate the proposed use together with all yards, open spaces, walls and fences, parking and loading facilities, landscaping and such other provisions required by this Ordinance. 

- (3) The site will be served by streets of capacity sufficient to carry the traffic generated by the proposed use.

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  - (4) The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity or the general welfare of the City.

(b) Additional C- District Findings . For ground floor non-retail uses in C-1, C-2, and C-4 Districts, the Commission shall make one of the following additional findings before approving a Use Permit:
- (1) that the proposed ground floor non-retail use is the best use in consideration of the building location and design and parking availability, or
- (2) the nature of the proposed ground floor non-retail use will enhance the neighboring retail base by bringing clients into the area who would be likely to patronize neighboring businesses.
10.7.4[3] Zoning Administrator Review . The Zoning Administrator is the Reviewing Authority for a Use Permit:
- (a) In any commercial or manufacturing district provided the following criteria are met:
  - (1) The proposed use is similar in nature to the prior use of the property.
  - (2) The proposed use does not substantially increase impacts of traffic, noise, odor, vibration, parking or other objectionable elements to a residential neighborhood.
  - (3) The proposed use will not be detrimental to the public health, safety or welfare.
  - (4) No other Planning Commission entitlements are required.
- (b) As provided elsewhere in this Ordinance.