Chapter 25.78 — SPECIAL PERMIT

A. Purpose. The Special Permit is established for the purpose of allowing the structures and development approaches specified in this chapter that are not permitted as a matter of right but which may be considered compatible and appropriate if such uses or features are designed or arranged on a site or in a structure in a particular manner and in accordance with conditions imposed by the Planning Commission.

B. Applicability. In its review of a Special Permit application, the Commission may impose
such requirements and conditions with respect to location, construction, architectural
features, architectural consistency within the structure, site planning, and time limits for the
special permit as it deems necessary for the protection of adjacent properties, the
streetscape, the neighborhood, and the public interest. Such deviations may apply to, but
not be limited to, building height, variety of roofline on a structure, daylight plane angle,
façade articulation, and exterior finish materials.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Requiring a Special Permit.

A. Applicability. The following are structures and development approaches allowed in the R-1
zoning district with a Special Permit:

1. Attached garages for single-unit dwellings, except for replacement of an existing
attached garage or for existing attached garages that are extended no more than 10
feet in length. In all cases the attached garage shall comply with the minimum
required front setback requirements in Section 25.10.050 (Special Front Setback
Requirements).

2. Construction exceeding the limits of the declining height envelope.

3. Building height exceeding 30 feet, but not to exceed 36 feet.

4. A detached garage or other accessory structure, other than an accessory dwelling unit,
that is in the rear of the lot and that is more than 28 feet in width or depth.

5. Plate height exceeding maximum indicated in Table 25.10-2 (Residential Zoning
Districts Development Standards).

6. Any second-floor deck or balcony up to a maximum of 75 square feet and/or to
exceed the minimum required side setback for a second-floor deck or balcony.
Second-floor decks and balconies shall not be designed as viewing platforms and
shall be designed to consider surrounding context, including window location of
adjacent properties.

B. Required Findings. Any decision to approve a Special Permit application in the R-1 zoning
district pursuant to this chapter shall be supported by written findings addressing the
criteria set forth in this chapter. In making such determination, the following findings shall
be made:

1. The blend of mass, scale, and dominant structural characteristics of the new
construction or addition are consistent with the existing structure's design and with
the well-defined character of the street and neighborhood;

2. The variety of roof line, façade, exterior finish materials, and elevations of the
proposed new structure or addition are consistent with the existing structure, street,
and neighborhood;

3. The proposed project is consistent with the residential design guidelines adopted by
the City; and

4. Removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the City's reforestation requirements, and that the mitigation for the removal that is proposed is consistent with established City policies and practices. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Requiring a Special Permit.

A. Applicability. The following are structures and development approaches allowed in the R-2
zoning district with a Special Permit:

1. Building height exceeding 30 feet, but not to exceed 36 feet.

2. Construction exceeding the limits of the declining height envelope.

B. Required Findings. Any decision to approve a Special Permit application in the R-2 zoning
district pursuant to this chapter shall be supported by written findings addressing the
criteria set forth in this chapter. In making such determination, the following findings shall
be made:

1. The blend of mass, scale, and dominant structural characteristics of the new
construction or addition are consistent with the existing structure's design and with
the well-defined character of the street and neighborhood;

2. The variety of roof line, façade, exterior finish materials, and elevations of the
proposed new structure or addition are consistent with the existing structure, street,
and neighborhood;

3. The proposed project is consistent with the residential design guidelines adopted by
the City; and

4. Removal of any trees located within the footprint of any new structure or addition is
necessary and is consistent with the City's reforestation requirements, and that the
mitigation for the removal that is proposed is consistent with established City policies
and practices.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Requiring a Special Permit.

A. Applicability. The following are structures and development approaches allowed in the R-3 and R-4 zoning districts with a Special Permit:

1. Any proposal utilizing Tier 2 development standards to exceed the maximum building
height. Additional building height provided in Tier 2 may only be allowed with the
applicant's provision of community benefits approved by the Review Authority.

2. Buildings exceeding maximum height limits in the R-3 zoning district within the
Anita Road Overlay (Section 25.20.010) and within the Rollins Road Residential
Overlay (Section 25.20.070), and in the R-4 zoning district within the R-4 Incentive
Overlay (Section 25.20.060).

3. If a circular drive is provided, a reduction of the required front setback landscaping to
45% of the lot area within the required front setback.

B. Required Findings. Any decision to approve a Special Permit application in the R-3 and
R-4 zoning districts pursuant to this chapter shall be supported by written findings
addressing the criteria set forth in this chapter. In making such determination, the following
findings shall be made:

1. The proposed modification to standards respects and preserves the character of the
neighborhood in which the project is located;

2. The proposed modification to standards results in a project that is designed and
arranged to provide adequate consideration to ensure the public health, safety, and
general welfare, and to prevent adverse effects on neighboring properties;

3. The additional development capacity is consistent with General Plan goals and
policies; and

4. The project conditions of approval, a development agreement, or some other form of
binding agreement will be in place to ensure provision of the required community
benefits (if applicable).
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

DAC, CAC, CAR, CMU and BRMU Zoning Districts Requiring a Special Permit.

A. Applicability. The following are structures and development approaches allowed in the
BAC, HMU, MMU, BMU, DAC, CAC, CAR, CMU and BRMU zoning districts with a
Special Permit:

1. Buildings exceeding maximum height limits, with the exception of the HMU zoning
district.

2. Architectural features in excess of the maximum building height which do not extend
more than 10 feet above the maximum height and do not occupy more than 10% of
the roof area. The architectural features shall be reviewed as a part of the design
review process outlined in Chapter 25.68 (Design Review).

B. Required Findings. Any decision to approve a Special Permit application pursuant to this
chapter shall be supported by written findings addressing the criteria set forth in this
chapter. In making such determination, the following findings shall be made:

1. Building Height.

a. The proposed modification to standards respects and preserves the character of
the neighborhood in which the project is located;

b. The proposed modification to standards results in a project that is designed and
arranged to provide adequate consideration to ensure the public health, safety,
and general welfare, and to prevent adverse effects on neighboring properties;
and

c. The additional development capacity is consistent with General Plan goals and
policies.

2. Architectural Features.

a. The architectural features enhance the overall design of the development; and

b. The architectural features are designed and arranged to provide adequate
consideration to ensure the public health, safety, and general welfare, and to
prevent adverse effects on neighboring properties.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Zoning Districts Requiring a Special Permit.

A. Applicability. The following are structures and development approaches allowed in the
BFC, I-I, RRMU, and NBMU zoning districts with a Special Permit:

1. Any proposal in the RRMU and NBMU zoning districts utilizing Tier 2 or Tier 3
development standards to exceed the maximum building height. Additional building
height provided in Tier 2 or Tier 3 may only be allowed with the applicant's provision
of community benefits approved by the Review Authority.

2. Buildings exceeding maximum height limits in the BFC and I-I zoning districts.

B. Required Findings. Any decision to approve a Special Permit application pursuant to this
chapter shall be supported by written findings addressing the criteria set forth in this
chapter. In making such determination, the following findings shall be made:

1. The proposed modification to standards respects and preserves the character of the
neighborhood in which the project is located;

2. The proposed modification to standards results in a project that is designed and
arranged to provide adequate consideration to ensure the public health, safety, and
general welfare, and to prevent adverse effects on neighboring properties; and

3. The additional development capacity is consistent with General Plan goals and
policies.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

Requiring a Special Permit.

A. Applicability. In the BFC, I-I, RRMU, and NBMU zoning districts, a Special Permit application is required for any proposal utilizing Tier 2 or Tier 3 development standards
as provided in the respective chapter. Additional development capacity provided in Tiers 2
and 3 may only be allowed with the applicant's provision of community benefits approved
by the Review Authority. The value of the benefit shall be proportional to the value of the
additional development capacity provided in Tiers 2 and 3, as determined by the Review
Authority.

B. Required Findings. Any decision to approve a Special Permit application for additional
development capacity as provided in Tiers 2 and 3 shall be supported by written findings
addressing the criteria set forth in this chapter. In making such determination, the following
findings shall be made:

1. The value of the community benefits provided is proportional to the value derived
from the additional development capacity provided in Tiers 2 and 3;

2. The additional development capacity will not pose adverse impacts on the public
health, safety, and general welfare, nor on neighboring properties in particular;

3. The additional development capacity is consistent with General Plan goals and
policies; and

4. The project conditions of approval, a development agreement, or some other form of
binding agreement will be in place to ensure provision of the required community
benefits.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

A. Investigation by Director. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter. A staff report shall be prepared pursuant to Section 25.62.080 (Project Evaluation and Staff Reports).

B. Notice and Hearings. A public hearing before the Planning Commission shall be required
for all Special Permits in compliance with Chapter 25.100 (Public Hearings and Notice).
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

In approving a Special Permit, the Commission, or City Council on appeal, may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with this chapter, State law, and with the findings required by this chapter. The Commission may require tangible guarantees or evidence that those conditions are being, or will be, complied with. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)