Chapter 21.06 — Q QUALIFIED DEVELOPMENT OVERLAY ZONE

The intent and purpose of the Q qualified development overlay zone is to supplement the underlying zoning by providing additional regulations for development within designated areas to:

• (1) Require that property development criteria are used to insure compliance with the general plan and any applicable master plan or specific plan;

• (2) Provide that development will be compatible with surrounding developments, both existing and proposed;

• (3) Insure that development occurs with due regard to environmental factors;

• (4) Allow a property to be granted a particular zone where some or all of the permitted uses would be appropriate to the area only in certain cases with the addition of specific conditions;

• (5) Provide for public improvements necessitated by the development;

• (6) Promote orderly, attractive and harmonious development, and promote the general welfare by preventing the establishment of uses or erection of structures which are not properly related to or which would adversely impact their sites, surroundings, traffic circulation or environmental setting;

• (7) Provide a process for the review and approval of site development plans as called for by this chapter or other provisions of this title.

• (Ord. 9425 § 3, 1975; Ord. 9739 § 1, 1984; Ord. NS-765 § 1, 2005; Ord. CS-317 § 6, 2017)

• (a) It is intended that the Q zone be placed on properties with unique circumstances. Examples of situations that are considered unique include but are not limited to the following:

  • (1) Special treatment areas as indicated in the general plan;

  • (2) Commercial zones that are in close proximity and relationship with residentially zoned properties;

  • (3) Property proposed to be developed within a floodplain;

  • (4) Property proposed to be developed as hillside development or other physically sensitive areas;

  • (5) Property where development could be detrimental to the environment, or the health, safety and general welfare of the public.

• (b) The requirements of this chapter shall not apply to adult businesses that are located on properties in the Q zone.

• (Ord. 9425 § 3, 1975; Ord. CS-063 § II, 2009)

• (a) Subject to the provisions of subsection (b) , in the Q qualified development overlay zone, any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted, subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter.

• (b) Notwithstanding subsection (a) of this section, no development or use shall be permitted unless the decision-making authority finds:

  • (1) That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of this chapter, and all other applicable provisions of this code;

  • (2) That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation;

  • (3) That the site for the intended development or use is adequate in size and shape to accommodate the use;

  • (4) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained;

  • (5) That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; and

  • (6) The proposed development or use meets all other specific additional findings as required by this title.

• (Ord. 9425 § 3, 1975; Ord. 9739 § 2, 1984; Ord. NS-765 § 1, 2005; Ord. CS-178 § III, 2012)

Unless specifically exempted from the requirements of this chapter, no building permit or other entitlement shall be issued for any development or use in the Q zone unless there is a valid minor site development plan or site development plan approved for the property. (Ord. 9425 § 3, 1975; Ord. CS-317 § 7, 2017)

The following developments or uses are exempted from the site development plan requirements:

• (1) One single-family residential structure may be constructed or enlarged on any residentially zoned lot;

• (2) One office building of less than one thousand square feet may be constructed on any commercially or industrially zoned lot;

• (3) One enlargement of less than one thousand square feet of any existing commercial or industrial building on any commercially or industrially zoned lot.

• (Ord. 9425 § 3, 1975; Ord. CS-317 § 7, 2017)

• (a) An application for a minor site development plan or site development plan may be made by the owner of the property affected or the authorized agent of the owner. The application shall:

  • (1) Be made in writing on a form provided by the City Planner;

  • (2) State fully the circumstances and conditions relied upon as grounds for the application; and

  • (3) Be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the City Planner.

• (b) At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.

(Ord. 9425 § 3, 1975; Ord. 1256 § 7, 1982; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-317 § 7, 2017)

• A. Notice of an application for a minor site development plan shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title.

• B. Notice of an application for a site development plan shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.

(Ord. 9425 § 3, 1975; Ord. 9568 § 2, 1980; Ord. 1261 § 36, 1983; Ord. NS-675 § 81, 2003; Ord. CS164 § 11, 2011; Ord. CS-178 § IV, 2012)

• A. Applications for minor site development plans or site development plans shall be acted upon in accordance with the following:

  1. Minor Site Development Plan.

     • a. An application for a minor site development plan may be approved, conditionally approved or denied by the City Planner based upon his/her review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title.

     • b. The City Planner may approve or conditionally approve the minor site development plan if all of the findings of fact in Section 21.06.020 of this title are found to exist.

  2. Site Development Plan.

     • a. An application for a site development plan may be approved, conditionally approved or denied by the Planning Commission based upon its review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at the public hearing.

     • b. The Planning Commission shall hear the matter, and may approve or conditionally approve the site development plan if all of the findings of fact in Section 21.06.020 of this title are found to exist.

(Ord. 9425 § 3, 1975; Ord. 1256 § 7, 1982; Ord. 9739 § 3, 1984; Ord. NS-675 § 76, 2003; Ord. CS164 § 10, 2011; Ord. CS-178 § IV, 2012)

When a decision on a minor site development plan or site development plan is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.

(Ord. 9425 § 3, 1975; Ord. CS-178 § IV, 2012)

• A. Decisions on minor site development plans shall become effective unless appealed in accordance with the provisions of Section 21.54.140 of this title.

• B. Decisions on site development plans shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this title.

• (Ord. 9425 § 3, 1975; Ord. 207 § 8, 1992; Ord. NS-402 § 6, 1997; Ord. NS-765 § 1, 2005; Ord. CS178 § IV, 2012)

• A. The expiration period for an approved minor site development plan or site development plan shall be as specified in Section 21.58.030 of this title.

• B. The expiration period for an approved minor site development plan or site development plan may be extended pursuant to the provisions of Section 21.58.040 of this title.

• C. An approved minor site development plan or site development plan may be amended pursuant to the provisions of Section 21.54.125 of this title.

(Ord. 9425 § 3, 1975; Ord. CS-178 § IV, 2012)

Property in the Q zone shall be subject to the development standards required in the underlying zone and any applicable master plan or specific plan, except for affordable housing projects as expressly modified by the site development plan. The site development plan for affordable housing projects may allow less restrictive development standards than specified in the underlying zone or elsewhere, provided that the project is in conformity with the general plan and adopted policies and goals of the city, it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density. In addition, the City Planner in approving a minor site development plan, or the Planning Commission or the City Council in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone or elsewhere that include provisions for, but are not limited to, the following:

1. Special setbacks, yards, active or passive open space, required as part of the entitlement process;

2. Special height and bulk of building regulations;

3. Fences and walls;

4. Regulation of signs;

5. Additional landscaping;

6. Special grading restrictions;

7. Requiring street dedication and improvements (or posting of bonds);

8. Requiring public improvements either on or off the subject site that are needed to service the proposed development;

9. Time period within which the project or any phases of the project shall be completed;

10. Regulation of point of ingress and egress;

11. Architecture, color, texture, materials and adornments;

12. Such other conditions as deemed necessary to insure conformity with the general plan and other adopted policies, goals or objectives of the city.

• (Ord. 9425 § 3, 1975; Ord. CS-178 § IV, 2012)

The Q zone may be placed on any size or dimensioned, legally created lot. (Ord. 9425 § 3, 1975; Ord. CS-178 § IV, 2012)

• A. After approval the applicant shall submit a reproducible copy of the minor site development plan or site development plan which incorporates all requirements of the approval to the City Planner. Prior to signing the final minor site development plan or site development plan, the City Planner shall determine that all applicable requirements have been incorporated into the plan.

• B. The final signed minor site development plan or site development plan shall be the official site layout plan for the property and shall be attached to any application for a grading and/or a building permit on the subject property.

• (Ord. 9425 § 3, 1975; Ord. NS-352 § 1, 1996; Ord. NS-506 § 1, 1999; Ord. NS-675 § 11, 2003; Ord. CS-178 § IV, 2012)