Sections:

Sec. 4-52-010. Purpose. Sec. 4-52-020. Architectural Review. Sec. 4-52-030. Limited Term Permit. Sec. 4-52-040. Planned Development Permit. Sec. 4-52-050. Use Permit. Sec. 4-52-060. Variance. Sec. 4-52-070. Zoning Clearance. Sec. 4-52-080. Master Plans and Precise Development Plans.

• A. Permit review procedures. This Chapter provides procedures for the review and approval or disapproval of the planning permit applications established by this Zoning and Subdivision Code.

• B. Subdivision review procedures. Procedures and standards for the review and approval or disapproval of subdivision maps are found in Article 6 (Subdivision Regulations and Procedures).

• C. Application filing and initial processing. Where applicable, the procedures of this Chapter are conducted after those described in Chapter 4-50 (Permit Application Filing and Processing), for each application.

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ARTICLE 5. PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-020. Architectural Review.

• A. Purpose. Architectural Review is intended to ensure that the design (e.g., architectural elevations and site plan) of proposed development and new land uses assists in maintaining and enhancing the small-City historic, and rural character of the community. Therefore, the purposes of these procedures and requirements are to:

  1. Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community;

  2. Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods;

  3. Retain and strengthen the visual quality and attractive character of the community;

  4. Assist project developers in understanding the City's concerns for the aesthetics of development, and

  5. Ensure that development complies with all applicable City standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

• B. Applicability. Architectural Review approval shall be required for all proposed singlefamily and multi-family projects, nonresidential development and new land uses within the City. Architectural Review shall also be required for any exterior additions and facade changes to these projects. Architectural Review shall be required in addition to all other planning permit or approval requirements of this Zoning and Subdivision Code, and the Municipal Code.

• C. Review authority. Architectural Review of permitted uses by Director - see note 2 on page 5-4.

  1. UP Architectural Review shall be conducted by the Commission.

  2. The Commission may appoint an Architectural Committee consisting of at least three of its members to conduct the required review.

• D. Application filing and processing. An application shall be prepared, filed, and processed in compliance with Chapter 4-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Architectural Review applications. It is the responsibility of the applicant to provide evidence in support of the finding required by Subsection F.

• E. Project review. The review authority shall evaluate each proposed project to ensure that the project:

  1. Complies with this Section;

  2. Provides architectural design, building massing and scale that are appropriate to and compatible with the neighborhood in which the development is to be located, or in the case of new neighborhoods, that are consistent with the goals and policies guiding development, of the kind being proposed, in the Gustine General Plan;

  3. Provides attractive and desirable site layout and design, including, but not limited to, building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, and signs;

  4. Provides efficient and safe public access, circulation, and parking;

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ARTICLE 5. PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-020. Architectural Review.

5. Provides appropriate open space and landscaping, including the use of water efficient landscaping; and

6. Complies with any applicable design guidelines and/or adopted Architectural Review policies.

• F. Finding and decision.

  1. The review authority shall approve or disapprove an application for an Architectural Review concurrently with the approval or disapproval of any other planning permit (e.g., Planned Development Permit, Use Permit, Variance, or Zoning Clearance) required for the project.

  2. Architectural Review approval shall require that the review authority first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval, will comply with all project review criteria in Subsection E.

  3. No permit shall be issued for any project requiring Architectural Review until the project has been approved by the review authority.

  4. All structures and site improvements shall be in compliance with the approved plans.

• G. Conditions of approval. The review authority may require any reasonable conditions of approval to ensure that the project will comply with the finding required by Subsection F.

• H. Post approval procedures. The procedures and requirements in Chapter 4-54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning and Subdivision Code Administration), shall apply following the decision on an application for Architectural Review.

• (Ord. No. 479, § 12, 3-6-18)

• A. Purpose. This Section establishes procedures for Limited Term Permits for short-term activities.

• B. Applicability. ALimited Term Permit allows the short-term activities listed in Subsection E. (Allowed Temporary Uses) that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.

• C. Review authority. Limited Term Permits may be approved or disapproved by the Director, in compliance with this Section.

• D. Exempt temporary activities. The following temporary activities are allowed without the necessity of obtaining a Limited Term Permit. Temporary activities that do not fall within the following categories shall comply with Subsection E. (Allowed temporary uses).

  1. Construction yards—On-site. On-site contractors' construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever first occurs.

  2. Emergency facilities. Emergency public health and safety needs/activities, as determined by the Council.

  3. Garage sales. Garage sales not exceed two per year, and two consecutive days.

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ARTICLE 5. PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-030. Limited Term Permit.

4. Public property or public right-of-way. Activities conducted on public property or within the public right-of-way that are approved by the Council/City Manager or as otherwise required by the Municipal Code.

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ARTICLE 5 PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-030. Limited Term Permit.

5. Use of an RV or travel trailer for temporary lodging. The overnight occupancy of a recreational vehicle or travel trailer in a residential zoning district by houseguests, not to exceed two weeks in any 12-month period.

6. Fund-raising car washes. Fund-raising car washes conducted on property located within a nonresidential zoning district.

7. Events on sites approved for public assembly. An event on the site or within a religious facility, school, theater, or other similar facility designed, and approved by the City for public assembly.

• E. Allowed temporary uses. A Limited Term Permit may authorize the following temporary activities within the specified time limits, but in no event for more than 12 months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the subject property.

E. Allowed temporary uses.** A Limited Term Permit may authorize the following temporary activities within the specified time limits, but in no event for more than 12 months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the subject property.

1. Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, and swap meets for up to seven consecutive days, or six three-day weekends, within a 12-month period, only when conducted on property located within a nonresidential zoning district.

2. Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the Director, but not to exceed 12 months.

3. Model homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards.

  - **a.** A paved, off-street parking lot with two space for each model home unit, handicapped parking, and landscaping shall be provided. The Director may allow the use of on-street parking in lieu of a parking lot where it is demonstrated that two spaces for each model home can be accommodated immediately in front of the model home complex. No parking spaces shall be located in front of an occupied residence and handicapped accessibility to the sales office shall be maintained. 

  - **b.** Individual utility connections shall be provided to each model home. 

  - **c.** The sales office, any arbor not in compliance with applicable setback requirements, and any off-street parking shall be converted back to residential use and/or removed before the issuance of the Occupancy Permit or within 14 days from the sale of the last lot in the subdivision, whichever first occurs. 

  - **d.** Landscape and irrigation plans shall be reviewed as part of the Limited Term Permit, and all model home complex landscaping shall comply with the City's Water Efficient Landscape Requirements. No irrigation shall cross a property line. 

  - **e.** The model home complex shall be used to sell only units within the subdivision within which the complex is located. 

  - **f.** If a temporary sales trailer is used, the trailer shall be: 

     - **(1)** Accessible to the handicapped; 

     - **(2)** Equipped with a screening skirt around the base; 

     - **(3)** In compliance with applicable Building Code requirements for restroom facilities for a workplace with employees; and 

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  - **(4)** Removed within seven days of the issuance of the temporary Occupancy Permit for the model homes.

• g. The subdivision developer and the home builder shall be the same, unless approved by City Council within a Development Agreement.

  • h. The subdivision's Final Map shall be recorded.

  • i. The installation of underground improvements in front of the model homes shall be completed.

  • j. The subdivision grading shall be completed.

  • k. The water system shall be completed, and in service so that fire hydrants are accessible, and a fire response plan shall be completed and submitted to the Fire Department.

  • l. All weather access for fire equipment shall be provided and maintained to the satisfaction of the Fire Department.

  • m. Model home Sign Permits will be issued only after all subdivision improvements are completed and accepted by the City.

  • n. Model home permits will be finaled and the model homes will be allowed to be open to the public only after all subdivision improvements are completed and accepted by the City.

  • o. The Director may require other conditions of approval deemed reasonable and necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.

4. Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to 35 days.

5. Temporary real estate sales offices. A temporary real estate sales office may be established in lieu of model homes. This office may be in place for a maximum of twelve months or until the model homes are complete, whichever occurs first.

6. Temporary residence. A mobile home as a temporary residence of the property owner when a valid Building Permit for a new single-family dwelling is in force. The permit may be approved for up to 12 months, or upon expiration of the Building Permit, whichever first occurs.

7. Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business in compliance with the following standards.

• a. The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent structure;

• b. The use is appropriate because:

  • (1) The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of 12 months, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or

  • (2) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of 12 months, while a permanent work site is being obtained; and

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ARTICLE 5. PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-030. Limited Term Permit.

  - **c.** The trailer is removed before final building inspection or the issuance of a Certificate of Occupancy for the permanent structure.

8. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval, as an accessory use or as the first phase of a development project.

9. Similar temporary activities. A temporary activity that the Director determines is similar to the other activities listed in this Subsection, and compatible with the applicable zoning district and surrounding land uses.

• F. Development standards. The Director shall establish the following standards based on the type of temporary use, using the requirements of the applicable zoning district for guidance:

  1. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;

  2. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning and Subdivision Code; and

  3. Limitation on the duration of approved "temporary structures," to a maximum of 12 months, so that they shall not become permanent or long-term structures.

• G. Application filing and processing. An application for a Limited Term Permit shall be completed, filed, and processed in compliance with Chapter 4-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Limited Term Permit applications. It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection I.

• H. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning and Subdivision Code.

  1. Public notice. A public notice for a Limited Term Permit is not a requirement unless the use, in the opinion of the Community Development Director, has the potential to create a particular interest, concern or significant impact to the surrounding community and property owners. In these cases, prior to a decision on a Limited Term Permit, the City shall provide notice in compliance with Chapter 4-78 (Public Hearings). The notice shall state that the Director will decide whether to approve or disapprove the Limited Term Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. In addition, the Community Development Director may also refer a Limited Term Permit application to the Planning Commission for review and decision.

  2. If hearing is requested. If a public hearing is requested, the Director shall refer the application to the Commission for a hearing and decision to be conducted in compliance with Chapter 4-78 (Public Hearings).

  3. If no hearing is requested. If no public hearing is requested, the Director shall render a decision on the date specified in the notice referred to in Subparagraph 1., above.

• I. Findings and decision. A Limited Term Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and

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therefore the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity. The Director may impose such conditions on a Limited Term Permit as are necessary to ensure the standards and guidelines of this chapter are met in addition to protecting the public health safety and welfare of the community.

• J. Post approval procedures. The procedures and requirements in Chapter 4-54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation (Limited Term Permits only require a 24-hour notice for revocation) in Article 7 (Zoning and Subdivision Code Administration), shall apply following the decision on a Limited Term Permit application.

  1. Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning and Subdivision Code. A bond may be required before initiation of the activity to ensure cleanup after the activity is finished.

  2. Performance security for temporary structures. Before issuance of a Limited Term Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Limited Term Permit.

• (Ord. No. 458, §§ 1, 2(Exh. A), 3-15-11)

• A. Purpose. Planned Development Permits provide for flexibility in the application of Zoning and Subdivision Code standards to proposed development. The purpose is to allow the City to consider:

  1. Innovative proposals for site planning and other aspects of project design that enhance the liveability and walkability of Gustine, which could not otherwise be accommodated through the rigid application of the standards of this Zoning and Subdivision Code; and

  2. More effective design responses to site features, uses on adjoining properties, resource conservation, and environmental impacts than the Zoning and Subdivision Code standards would produce without adjustment.

The City expects each project for which Planned Development Permit approval is proposed, to be of obvious and significantly higher design quality than would be achieved through conventional design practices and standards.

• B. Applicability.

  1. General Plan compliance. The preparation, review, and approval of a Planned Development Permit shall comply with the General Plan and any applicable specific plan.

  2. Scope of approval.

  - **a.** Planned Development Permit approval may adjust or modify, where necessary and justifiable, any applicable development standard of this Zoning and Subdivi-
  

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ARTICLE 5. PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-040. Planned Development Permit.

sion Code (e.g., floor area ratio, building height, setbacks, parking, street layout, etc.), provided that the approval shall not authorize a land use that is not allowed in the primary zoning district by Article 2.

  - **b.** A project proposing increased residential density may only be approved by the Council in compliance with Chapter 4-32 (Affordable Housing Incentives). 

• C. Application filing and processing. A Planned Development Permit application shall be filed and processed in compliance with Chapter 4-50-030 (Application Filing and Processing), and the following requirements.

  1. Application contents. The application shall be accompanied by the information identified in the Department handout for Planned Development Permit applications.

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ARTICLE 5 PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-040. Planned Development Permit.

2. Department review. Each Planned Development Permit application shall be analyzed by the Director to ensure that the proposed project is consistent with the intent of this Section. The Director shall prepare a report and recommendation on the project to the Commission for their consideration.

3. Public hearing. The Commission shall conduct a public hearing in compliance with Chapter 4-78 (Public Hearings).

• D. Review authority. The Commission may recommend to the Council approval or disapproval of Planned Development Permits in compliance with this Section.

• E. Commission action. Following a public hearing, the Commission may recommend approve or disapprove of the Planned Development Permit and shall forward the decision and the findings upon which the decision is based to the City Council.

  1. Required findings. The Commission may recommend approval of a Planned Development Permit only after first finding that:

  - **a.** The project is consistent with the General Plan and any applicable specific plan, and allowed within the applicable zoning district; 
  
  - **b.** The project complies with all applicable provisions of this Zoning and Subdivision Code other than those modified by the Planned Development Permit; 
  
  - **c.** The approved modifications to the development standards of this Zoning and Subdivision Code are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts; 
  
  - **d.** The project complies with any applicable City Design Guidelines; 
  
  - **e.** The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities; 
  
  - **f.** The planning concepts and design features of the project are reasonably suited to the characteristics of the site and the surrounding neighborhood; 
  
  - **g.** The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan; 
  
  - **h.** The site is adequate for the project in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways which are adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the use; and 
  
  - **i.** The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 
  

  2. Conditions of approval. In recommending approval of a Planned Development Permit, the Commission may impose any conditions deemed reasonable and necessary to ensure that the project will comply with the findings required by Subsection E.1.

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ARTICLE 5 PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-040. Planned Development Permit.

• F. Post approval procedures. The procedures and requirements in Chapter 4-54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning and Subdivision Code Administration), shall apply following a decision on an application for a Variance.

• A. Purpose. A Use Permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on site and surroundings cannot be determined before being proposed for a specific site.

• B. Applicability. A Use Permit is required to authorize proposed land uses identified by Article 2 (Zoning Districts, Allowable Land Uses, and Permit Requirements) as being allowable in the applicable zoning district subject to the approval of a Use Permit.

• C. Review authority.

  1. Use Permits. Use Permits shall be approved or disapproved by the Commission.

• D. Application filing and processing. An application for a Use Permit shall be completed, filed, and processed in compliance with Chapter 4-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F.

• E. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning and Subdivision Code.

  1. Use Permit. The Commission shall conduct a public hearing on an application for a Use Permit before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 4-78 (Public Hearings).

• F. Findings and decision. The review authority may approve or disapprove an application for a Use Permit. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a Use Permit only after first finding all of the following:

  1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning and Subdivision Code and the Municipal Code;

  2. The proposed use is consistent with the General Plan and any applicable specific plan;

  3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;

  4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

  5. Granting the permit would not be detrimental to the public comfort, convenience, health, interest, morals, safety, or welfare of the persons residing or working in the subject neighborhood, or materially detrimental or injurious to property or improvements in the vicinity and zoning district in which the property is located.

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ARTICLE 5 PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-060. Variance.

• G. Conditions of approval. In approving a Use Permit, the review authority may impose conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.), including conditions which establish standards for development that are more restrictive than the applicable requirements of this Zoning and Subdivision Code, deemed reasonable and necessary to ensure that the approval will comply with the findings required by Subsection F. (Findings and decision).

• H. Post approval procedures. The procedures and requirements in Chapter 4-54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning and Subdivision Code Administration), shall apply following the decision on an application for Use Permit approval.

• A. Purpose. This Section allows Variances from the development standards of this Zoning and Subdivision Code only when, because of special circumstances applicable to the subject property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

• B. Applicability.

  1. Waive or modify development standards. A Variance may be granted to waive or modify any development standard of this Zoning and Subdivision Code except for those requirements identified in Subparagraphs 2., 3., and 4., immediately below.

  2. No special privileges. A Variance shall not be granted that would have the effect of granting a special privilege(s) not shared by other property owners in the vicinity and under identical zoning districts.

  3. Does not extend to uses.

  - **a.** The power to grant Variances does not extend to allowable land uses. In no case shall a Variance be granted to allow a use of land or structure not otherwise allowed in the zoning district in which the subject property is located. 
  
  - **b.** The use of land or structure not in conformity with the regulations of the subject zoning district shall not be allowed by the granting of a Variance. 
  
  - **c.** Flexibility in allowable land uses is provided in Section 4-52-050 (Use Permits). 
  

  4. Does not extend to procedures. A Variance shall not be granted to allow an adjustment to the procedural requirements of this Zoning and Subdivision Code.

• C. Review authority.

  1. Commission—Variances. A Variance application shall be reviewed, and approved or disapproved by the Commission.

• D. Application filing and processing. An application for a Variance shall be completed, filed, and processed in compliance with Chapter 4-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Variance applications. It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection F.

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• E. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning and Subdivision Code.

  1. Variance. The Commission shall conduct a public hearing on an application for a Variance before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 4-78 (Public Hearings).

• F. Findings and decision. The review authority may approve or disapprove an application for a Variance. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a Variance only after first making all of the following findings, as applicable to the application.

  1. General findings.

  - **a.** There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning and Subdivision Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district; 
  
  - **b.** Granting the application is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zoning district and denied to the property owner for which the application is sought; and 
  
  - **c.** The application is consistent with the General Plan and any applicable specific plan. 
  

  2. Findings for off-street parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the review authority shall first make both of the following findings, as required by State law (Government Code Section 65906.5), instead of those required by Subparagraph F.1., above.

  - **a.** The Variance would be an incentive to, and a benefit for, the subject nonresidential development; and 
  
  - **b.** The Variance would facilitate access to the subject nonresidential development by patrons of public transit facilities. 
  

  3. Finding for reasonable accommodations. The review authority may also grant a Variance to the site planning or development standards of this Zoning and Subdivision Code in compliance with this Section, based on the finding that the Variance or is necessary to accomplish a reasonable accommodation of the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA).

• G. Conditions of approval. In approving a Variance, the review authority:

  1. Shall impose conditions to ensure that the Variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the subject property is located; and

  2. May impose conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guaran-

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tees, screening, surfacing, etc.) deemed reasonable and necessary to ensure that the approval complies with the findings required by Subsection F. (Findings and decision), above.

• H. Post approval procedures. The procedures and requirements in Chapter 4-54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning and Subdivision Code Administration), shall apply following the decision on an application for a Variance or.

• A. Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed structure or land use complies with the permitted list of activities allowed in the applicable zoning district, and the development standards applicable to the use.

• B. Applicability.

  1. Where Article 2 (Zoning Districts, Allowable Land Uses, and Permit Requirements) or other provision of this Zoning and Subdivision Code requires a Zoning Clearance as a prerequisite to establishing a land use, the Zoning Clearance shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this Zoning and Subdivision Code for the proposed use.

  2. Zoning Clearance shall be required before any structure may be altered, constructed, erected, moved, or repaired or before any vacant land may be used or changed in use.

  3. The Zoning Clearance shall be issued before a Building Permit or any other required City approval may be issued or granted.

• C. Applicable authority. The Director shall be the applicable authority for issuing Zoning Clearances.

• D. Review and form of approval.

  1. Director's review. The Director shall issue the Zoning Clearance only after first determining that the request complies with all Zoning and Subdivision Code provisions applicable to the proposed use or structure.

  2. Form of approval. An approval may be in the form of a stamp, City staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.

• A. Purpose. Master Plans and Precise Development Plans are intended to promote and encourage innovation and flexibility in the design of proposed development within the P-D zoning district, for more effective environmental resource preservation, and to ensure that proposed development within the P-D zoning district achieves the objectives in Section 4-22-050.B (P-D District Development Standards).

  1. Proposed Master Plans and Precise Development Plans are encouraged and expected to produce a comprehensive development of greater quality than that normally resulting from conventional development.

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ARTICLE 5 PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-080. Master Plans and Precise Development Plans.

2. The Review Authority shall determine whether a Master Plan or Precise Development Plan should be approved by weighing the public need for, and the benefits to be derived from, the proposed project against the potential negative effects it may cause.

• B. Applicability.

  1. When required. Master Plans and Precise Development Plans are required prerequisite to development in the P-D (Planned Development) zoning district, except where a specific plan is instead proposed and approved, in compliance with Section 4-22050 (PD District Development Standards).

  2. Scope of proposal. A Master Plan shall include all contiguous property under the same P-D zoning district and ownership.

• C. Scope of approval. The approval of a Master Plan or Precise Development Plan shall include establishing the following specific requirements for the development and use of the proposed site, consistent with the General Plan. The following provisions to be included may either be in the form of specific standards unique to the particular project site, or may be in the form of references to specific provisions of this Zoning and Subdivision Code.

  1. Master Plans. Master plans shall establish for the site:

  - **a.** Allowable land uses and any subsequent planning permit requirements that shall apply after Precise Development Plan approval, in compliance with the limitations in Table 2-1, Section 4-22-030 (Residential Zoning District Land Uses and Permit Requirements); and 
  
  - **b.** The allowable density and intensity of development, including: the total number of dwelling units that may be allowed, and the housing types that may be allowed (i.e., attached or detached units and product types); and building massing requirements. 
  

  2. Precise Development Plans. Precise Development Plans shall establish the following, consistent with the approved Master Plan:

  - **a.** Minimum lot size, and site coverage requirements; 
  
  - **b.** Minimum setback requirements and structure height limits; 
  
  - **c.** Off-street parking requirements; 
  
  - **d.** Landscaping requirements; 
  
  - **e.** Requirements for accessory uses and structures; and
  

• f. Other site planning, development standards, and special provisions and requirements as deemed necessary by the review authority.

• D. Effect of approval, and administration of approved plans. After the Master Plan and Precise Development Plan approval, the land uses allowed on the site and the proposed development shall comply with:

  1. The standards of the Master Plan and Precise Development Plan to the extent that those provisions are more restrictive or specific than the standards of this Zoning and Subdivision Code; and

  2. The provisions of this Zoning and Subdivision Code where the Master Plan or Precise Development Plan are silent on any aspect of land use or development that is otherwise regulated by this Zoning and Subdivision Code.

Gustine Zoning and Subdivision Code

5-18

ARTICLE 5. PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-080. Master Plans and Precise Development Plans.

In any case where a Master Plan or Precise Development Plan is silent on an aspect of land use or development otherwise regulated by this Zoning and Subdivision Code, the allowable land use requirements and development standards of the most comparable zoning district and land use shall apply, as determined by the Director.

• E. Master Plan procedures. Master Plans shall be prepared, filed, processed, and approved or disapproved as follows.

  1. Application filing and processing. An application for Master Plan approval shall be filed and processed in compliance with Chapter 4-50 (Permit Application Filing and Processing), and as an amendment to the Zoning Map in compliance with Chapter 4-76 (General Plan, Zoning Ordinance, and Zoning and Subdivision Code Amendments). The Master Plan application shall include the following information and materials.

  - **a.** One or more maps or drawings accurately drawn and sufficiently detailed to show: 
  
     - **(1)** Boundaries and area of the site; 
  
     - **(2)** Areas of the site to be developed and the basic street pattern, with each separate proposed land use identified; 
  
     - **(3)** Topography, with existing and proposed contours shown at a minimum interval of 10 feet; 
  
     - **(4)** All existing structures and improvements on the site; 
  
     - **(5)** Existing tree coverage and areas of tree removal; 
  
     - **(6)** All water areas (ponds, lakes, streams, and drainage ways); 
  
     - **(7)** Contiguous properties, their zoning and existing structures and other improvements; 
  
     - **(8)** Surrounding street pattern, with design capacities and current traffic counts; 
  
     - **(9)** Designation of projected intensity of development. Density in gross and net figures for residential uses and coverage, and floor area for nonresidential uses; and 
  
  - **b.** Written statements describing the development concepts as they apply to the following subjects: 
  
     - **(1)** Type, intensity, form and function of the project; 
  
     - **(2)** Utilities (gas, electric, water, sanitary sewer, telephone);
  

• (3) Public services (police, fire, schools, mail);

     - **(4)** Public facilities (streets, library, public transportation, parks, etc.); 
  
     - **(5)** Historic or archaeological resources; 
  
     - **(6)** Noise sources; 
  
     - **(7)** Traffic (auto, bike, pedestrian, equestrian); 
  
     - **(8)** Soils, flooding and other hazards; 
  
     - **(9)** Storm drainage; 
  
     - **(10)** Shopping and service uses; 
  
     - **(11)** Wildlife and vegetation; and
  

Gustine Zoning and Subdivision Code

Supp. No. 5

5-19

ARTICLE 5. PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-080. Master Plans and Precise Development Plans.

     - **(12)** Disposition or management of nondeveloped areas. 

  - **c.** Information provided as required by the Director to allow a determination on environmental review in compliance with the California Environmental Quality Act. 

2. Architectural Review required. The project shall be subject to Architectural Review in compliance with Section 4-52-040 prior to review by the Commission.

3. Commission action on Master Plan. Following a public hearing in compliance with Chapter 4-78, the Commission may recommend that the Council approve or disapprove the Master Plan. The Commission may recommend approval of a Master Plan only after first making all of the following findings:

  - **a.** The proposed Master Plan is consistent with the General Plan and any applicable specific plan; 

  - **b.** The proposed Master Plan complies with all applicable provisions of this Zoning Ordinance, specifically including the design objectives in Section 4-22-050.B (PD District Development Standards). 

  - **c.** The proposed development can be adequately, conveniently, and reasonably served by public conveniences, public facilities, public services, and public utilities; 

  - **d.** The proposed Master Plan concepts are reasonably suited to the specific characteristics of the site and the surrounding neighborhood, and are compatible with the existing and future land uses in the surrounding neighborhood. 

4. Council action on Master Plans.

  - **a.** After a Commission recommendation for the approval of a Master Plan, or an appeal of a Commission disapproval of a Master Plan, Council shall review the Master Plan in a noticed public hearing in compliance with Division 4-78 (Public Hearings). 

  - **b.** Following the public hearing, the Council may approve or disapprove the Master Plan. The Council may approve the Master Plan only after first making all of the findings required by Subsection E.3 above. 

  - **c.** Disapproval shall be by motion. Approval or conditional approval shall be by the adoption of an ordinance in compliance with Chapter 4-78 (Public Hearings). 

5. The City may establish fees to be charged to owners of property benefiting from Master Plans required by this Chapter, which fees when collected may be used for reimbursement of the Master Plan processing costs. The amount of such fees shall be adopted by resolution.

• F. Precise Development Plan procedures. Precise Development Plans shall be prepared, filed, processed, and approved or disapproved as follows. A Precise Development Plan for a proposed development may be submitted and processed concurrently with a proposed Master Plan for the same site, or after Master Plan approval.

  1. Application filing and processing. An application for Precise Development Plan approval shall be filed and processed in compliance with Chapter 4-50 (Permit Application Filing and Processing), and the following requirements.

  2. Design Review required. The project shall be subject to Architectural Review prior to review by the Commission.

Supp. No. 5

Gustine Zoning and Subdivision Code

5-20

ARTICLE 5. PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-080. Master Plans and Precise Development Plans.

3. Commission action on Precise Development Plans. Following a public hearing in compliance with Chapter 4-58, the Commission may recommend that the Council approve or disapprove a Precise Development Plan. The Commission may recommend approval of a Precise Development Plan only after first making all of the following findings:

• a. The proposed Precise Development Plan is consistent with the General Plan, any applicable specific plan, and the approved Master Plan;

• b. The proposed Precise Development Plan will produce a complete, pedestrian oriented neighborhood of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of land uses and structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.);

• c. The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

• d. The proposed Precise Development Plan standards are reasonably suited to the specific characteristics of the site, and are compatible with the existing and future land uses in the surrounding neighborhood;

• e. The subject site is:

  • (1) Physically suitable for the type and density/intensity of development being proposed;

  • (2) Adequate in shape and size to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Zoning Ordinance; and

  • (3) Served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development.

4. Council action on Precise Development Plans.

• a. After a Commission recommendation for the approval of a Precise Development Plan, or an appeal of a Commission disapproval of a Precise Development Plan, Council shall review the Precise Development Plan in a noticed public hearing in compliance with Chapter 4-58 (Public Hearings).

  • b. Following the public hearing, the Council may approve or disapprove the Precise Development Plan. The Council may approve the Precise Development Plan only after first making all of the findings required by Subsection F.3 above.

  • c. Disapproval shall be by motion. Approval or conditional approval shall be by the adoption of a resolution in compliance with Chapter 4-58 (Public Hearings).

• G. Post approval procedures. The procedures and requirements relating to appeals, changes, expiration, performance guarantees, and revocation, as identified in Article 5

Gustine Zoning and Subdivision Code

Supp. No. 5

5-21

ARTICLE 5. PLANNING PERMIT PROCEDURES CHAPTER 4-52. PERMIT REVIEW AND DECISIONS Sec. 4-52-080. Master Plans and Precise Development Plans.

(Zoning Ordinance Administration), in addition to those in Chapter 4-54 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Master Plan and/or Precise Development Plan.

(Ord. No. 511, § 11, 10-19-21)