Colfax Municipal Code § 17.40.070 Required findings for approval or conditional approval of permits and variances

The purpose of this chapter is to specify the public notice and hearing process for an application for a permit or variance, and the findings upon which an approval, conditional approval or denial is based.

(Ord. No. 519, 8-8-2012)

Type A. The public hearing may be waived. Notice of an intent to approve a development entitlement shall be mailed or delivered at least ten (10) days prior to an action to the applicant, the property owner, the owners, as shown on the most recent equalized assessment roll, of property within the limits set forth in Government Code Sections 65090 and 65091, and all persons who have requested notice, pursuant to Section 17.40.050 of this title.

Type B. Public hearing is required. Notice of the hearing shall be mailed or delivered at least 10 days prior to the public hearing to the applicant, the property owner, the owners, as shown on the most recent equalized assessment roll, of property within the limits set forth in Government Code Sections 65090 and 65091 or greater, and each local agency expected to provide water, sewer, streets, roads, schools or other essential facilities or services to the site. Notice shall also be provided to all persons who have requested notice, pursuant to Section 17.40.050 of this title. The radius list for notice of a permit application for an adult establishment shall be expanded as required by Section 17.128.070 of this title. The radius list for notice of a permit application for a nightclub use shall be expanded as required by Section 17.164.040 of this title.

Ten (10) days prior to the public hearing, notice shall also be provided by at least one of the following methods:

A. Publication in a newspaper of general circulation within the city; or

B. Posting in at least three public places within the city and posting the proposed project site.

Type C. The public hearing may be waived. Notice of intent to approve a development entitlement shall be posted on the proposed project site by the property owner at least ten (10) days prior to an action.

Type D. No public hearing required and no public notice is required. This type of process will only be used where the approvals requested are not combined with approvals which do require a public hearing or notice.

REQUIRED HEARINGS, AUTHORIZED APPROVAL AUTHORITY AND PUBLIC NOTICE

*See Sections 17.48.040 and 17.48.050 - the planning commission makes a recommendation to the city council.

(Ord. No. 519, 8-8-2012)

Whenever the provisions of Section 17.40.020 permit the waiving of a public hearing, the notice of intent to take action shall contain the following information:

A. The name of the applicant;

B. The file number assigned to the application;

C. A general description of the nature of the request;

D. A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;

E. The identity of the approval authority as the planning director and the scheduled date for action;

F. The following statement: "The purpose of this notice is to inform you that an application for the described project has been submitted to the Colfax planning department. The planning director may approve the application without holding a public hearing, unless a public hearing is requested in writing by you or any individual wanting to comment on the project prior to the scheduled approval date;"

G. Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at a public hearing, if a public hearing is requested, or in written correspondence delivered to the planning director at, or prior to, the public hearing; and

H. A description of the procedure for requesting the scheduling of a public hearing or for filing an appeal.

(Ord. No. 519, 8-8-2012)

The public notice when a public hearing is required shall contain the following information:

A. The name of the applicant;

B. The file number assigned to the application;

C. A general description of the nature of the request;

D. A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;

E. The date, time, and place of the public hearing;

F. The identity of the approval authority and a brief description of the process and procedure for submitting public comment; and

G. Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at the public hearing described in this notice, or in written correspondence delivered to the planning director at, or prior to, the public hearing.

(Ord. No. 519, 8-8-2012)

The public notice when an informal public hearing is required shall contain the following information:

A. The name of the applicant;

B. The file number assigned to the application;

C. A general description of the nature of the request;

D. The proposed topics and/or aspects of the project to be presented at the public hearing; and a description of the method of presentation;

E. A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;

F. The date, time, and place of the public hearing;

G. The identity of the approval authority and a brief description of the process and procedure for submitting public comment; and

H. Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at the public hearing described in this notice, or in written correspondence delivered to the planning director at, or prior to, the public hearing.

(Ord. No. 519, 8-8-2012)

Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the planning department and such request shall be valid for one year after receipt of such request. The city may impose a reasonable fee by resolution of the council for the purpose of recovering the cost of such notification.

(Ord. No. 519, 8-8-2012)

The approval authority may approve or conditionally approve an application for a permit or variance, as defined in Sections 17.32.010 and 17.32.020, only if all of the following applicable findings, in addition to such other findings throughout this title that are applicable to the application:

A. Findings for an Administrative Permit or a Conditional Use Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of an administrative permit or a conditional use permit:

1. The proposed use or development is substantially consistent with the City of Colfax general plan and any applicable specific plan;

2. The proposed use or development generally conforms with all applicable standards and requirements of this title; and

3. The location, size, design and operating characteristics of the use or development is generally compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to public or private property or improvements;

4. The proposed use will not interfere with the nature and condition of the adjacent uses and structures.

B. Findings for a Design Review Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a design review permit:

1. For Zones other than the Historic District.

a. The project as approved balances reasonable use of the site for development, while it preserves and accentuates the natural features of the property, such as open space, topography, trees, wetlands and water courses, and provides adequate drainage for the project.

b. The project site design as approved provides access, vehicle parking, vehicle, pedestrian and bicycle circulation, loading areas, landscaping and irrigation and lighting which results in a safe, efficient, and harmonious development and which is consistent with the applicable goals, policies and objectives set forth in the general plan and the design guidelines established for that zone district.

c. The building design, including the materials, colors, height, bulk, size and relief, and the arrangement of the structures on the site, as approved is harmonious with other development and buildings in the vicinity and which is consistent with the applicable goals, policies and objectives set forth in the general plan and the design guidelines established for that zone district.

d. The design of the public services, as approved, including, but not limited to trash enclosures and service equipment are located so as not to detract from the appearance of the site, and are screened appropriately and effectively using construction materials, colors and landscaping that are harmonious with the site and the building designs.

2. For the Historic Zone District.

a. The project will maintain the small town character that makes Colfax a desirable place to live.

b. The project will maintain and enhance the city's character and visual appearance in order to create a quality future community.

c. The project will maintain and enhance the historic resources, qualities, and character of the City of Colfax.

C. Findings for an Administrative Design Review Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of an administrative design review permit.

1. The proposed improvement is substantially compatible with the existing structure and complimentary to the adjacent land uses.

2. The proposed improvement substantially complies with all applicable standards and requirements of this title, with the applicable goals, policies and objectives set forth in the general plan, building code and the applicable community design guidelines.

D. Findings for a Sign Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a sign permit:

1. The proposed sign is substantially consistent with the standards of the city's sign guidelines and the goals, objectives and policies of the city general plan and any applicable design guidelines.

2. The proposed sign conforms to applicable development standards and will not be detrimental to the public health, safety or welfare.

3. The physical location or placement of the sign is compatible with the surrounding neighborhood.

4. The required finding for incidental and supplemental signs is as follows: The proposed general design, arrangement, texture, colors and lighting placement are substantially consistent with the purposes and regulations of the city's sign guidelines and any applicable design guidelines.

E. Findings for a Sign Permit for a Mural. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a sign permit for a mural:

1. The proposed mural is substantially consistent with the goals, objectives and policies of the city general plan and any applicable design guidelines or approvals;

2. The proposed mural will not be detrimental to the public health, safety or welfare;

3. The proposed mural, including the physical location or placement, size and design is substantially consistent with the character of the district and the neighborhood within which it is located;

4. The proposed mural, including the physical location or placement, size and design, is substantially consistent with the character of the building or wall upon which it is placed and will complement the architecture or aesthetics of the building or wall.

F. Findings for an Extension. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of an extension:

1. The proposed development is in compliance with all standards in effect as of the date of application for the extension, or there is no public benefit to the imposition of current standards comparable to the cost of imposing them; or

2. No change has occurred in the circumstances or in the factual basis on which the approval was made since the date of original approval, which results in the inability to make findings of approval for the extension consistent with those originally made.

G. Findings for a Variance. The approval authority shall, based on substantial evidence in the record before it, make all of the following findings as a condition precedent to approval of a variance [applies to variances only, see subsection 17.40.070A. for findings applicable to approval of a conditional use permit]:

1. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of the provisions of this zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical land use; and

2. The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located; and

3. The granting of the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

4. The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located.

H. Findings for a Planned Development Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a planned development permit:

1. The use and design of the proposed development conforms with the requirements of the relevant planned development zone district and the requirements of this title.

2. The location, size, design and operating characteristics of the use or development is to be compatible with and will not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, and will not be detrimental or injurious to public or private property or improvements.

3. Financial Ability of the Proponents. That the proponents of the planned development have demonstrated to the satisfaction of the planning commission that:

a. They are financially able to carry out the proposed project;

b. They intend to start construction within two years after the approval of the project and any necessary zoning district change; or

c. They intend to complete such construction within a reasonable time as determined by the planning commission.

I. Findings for a Design Review Permit for Residential Subdivision. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a design review permit for residential subdivisions:

1. The residential design, including the height, bulk, size and arrangement of buildings is harmonious with other buildings in the vicinity.

2. The residential design is consistent with applicable design guidelines.

J. Findings for a Modification. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a modification:

1. The proposed modification is substantially consistent with the intent of the original approval.

2. The proposed modification substantially complies with all applicable standards and requirements of this title, with the applicable goals, policies and objectives set forth in the general plan and the applicable community design guidelines.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)