Pismo Beach Municipal Code Ch. 17.42 Permit Approval or Disapproval

This chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this Zoning Code. Procedures and standards for the review and approval of subdivision maps are found in Title 16 of the Municipal Code (Subdivisions). Where applicable, the procedures of this chapter are carried out after those described in Chapter 17.40 (Applications--Filing and Processing), for each application.

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 type of use. Where Article II (Zoning Districts and Allowable Land Uses) requires a zoning clearance as a prerequisite to establishing a land use, the director shall evaluate the proposed use to determine whether the clearance may be granted in compliance with this section.

B. Applicability. A zoning clearance shall be required at the time of planning division review of any building, grading or other construction permit, or other authorization required by this Zoning Code for the proposed use. Where no other authorization is required, a request for zoning clearance shall be filed with, and use the forms provided by the department.

C. Criteria for Clearance. The director may issue the zoning clearance after determining that the request complies with all Zoning Code provisions applicable to the proposed use.

D. Notice of Non-Appealable Development. A land use permit proposing a development within the coastal zone that is not appealable to the Coastal Commission is subject to the public notice requirements of Section 17.58.040 (Notice of Non-Appealable Development).

A. Purpose. Site plan and architectural review is required to review proposed site design including the location of structures, landscaping, ingress/egress, parking and loading, grading, and architectural design, for compliance with the standards in Article III (Site Planning and General Development Standards) and the design guidelines established for each land use category in Article II (Zoning Districts and Allowable Land Uses).

B. Applicability. Site plan and architectural review approval is required for:

1. The construction of any new building for any use permitted in Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);

2. Additions to existing buildings and changes to site planning in all zoning districts; or

3. Architectural modifications to the exterior of nonresidential structures including changes in exterior materials, the addition of, or changes to awnings, etc.

C. Application Filing and Processing. An application for site plan and architectural review shall be filed and processed in compliance with Chapter 17.40 (Applications--Filing and Processing).

D. Notice of Non-Appealable Development. A land use permit proposing a development within the coastal zone that is not appealable to the Coastal Commission is subject to the public notice requirements of Section 17.58.040 (Notice of Non-Appealable Development).

E. Project Review, Notice and Hearing. When applications for site plan and architectural review propose development in the RSL or RSM zoning districts, public noticing or hearings are not required unless the project is within the CA (Coastal Appeal) zoning district. Modifications to the exterior of nonresidential structures, if no new floor area is included, may be reviewed by staff. Public noticing may be required for such changes, at the discretion of the director. The director will review and determine if the application is in compliance with site planning standards and land uses allowed. Applications proposed for new construction or additions in all other zoning districts are subject to approval by the planning commission and a public hearing shall be set, noticed, and held by the planning commission, in compliance with Chapter 17.58 (Public Hearings).

F. Findings, Decision, Conditions. Following the review by the director or commission, as appropriate, the director or commission shall record the decision and the findings upon which the decision is based. The director or the commission may approve an application for site plan and architectural review with or without conditions, if all of the following findings are made:

1. The proposed use is permitted within the subject zoning district and complies with all of the applicable provisions of this Zoning Code;

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

3. The approval of the site plan and architectural review for the proposed project is in compliance with the California Environmental Quality Act (CEQA); and

4. The location, and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity.

G. Expiration. A project authorized through site plan and architectural review shall be commenced within two years from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 17.44 (Permit Implementation, Time Limits, Extensions).

H. Performance Guarantees. The applicant/owner may be required to provide adequate performance security in compliance with Section 17.44.040, to guarantee proper compliance with conditions of approval. (Ord. 03-04 § 2 (Exh. B (part)), 2003)

A. Purpose. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

B. Permitted Temporary Uses. The following temporary uses may be permitted subject to the issuance of a temporary use permit. Uses that do not fall within the categories defined below shall instead comply with the use and development restrictions and permit requirements that otherwise apply to the property, in compliance with Article II (Zoning Districts and Allowable Land Uses).

1. Construction Yards. Off-site contractors' construction yards in conjunction with an approved construction project.

2. Seasonal Sales Lots. Christmas tree sales lots or the sale of other seasonal products (e.g., pumpkins, etc.), and temporary residence/security trailers. A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid business license, provided the activity does not consume more than fifteen percent of the total parking spaces on the site and does not impair emergency vehicle access. Products sold shall be limited to the primary seasonal product (Christmas trees, pumpkins, etc.) which is the basis for the sales lot.

3. Special Events on Private Property. Carnivals, circuses, ethnic celebrations, festivals, and other similar special events and temporary parking, on private property, may be approved in commercial districts provided that they do not continue for more than five consecutive days, and do not occur more often than four times per year. Longer time periods or more frequent events may be authorized through conditional use permit approval. These uses shall also comply with any requirements of the fire, police, and public works departments.

4. Temporary Offices and Work Trailers. A trailer, coach or mobile home as a temporary office facility, or work site for employees of a business:

a. During construction or remodeling of a permanent commercial or industrial structure when a valid building permit is in force; or

b. Upon demonstration by the applicant that this temporary facility is a short-term necessity while a permanent facility is being obtained or constructed.

The permit may be granted for up to one year. An extension may be authorized by the planning commission through conditional use permit approval.

5. Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, are compatible with the zoning district and surrounding land uses.

C. Temporary Uses Regulated by Other Municipal Code Provisions. The following temporary uses are subject to the referenced Municipal Code provisions instead of the requirements of this section:

1. Art and Craft Fairs. Art and craft fairs are subject to the provisions of Chapter 5.05 of the Municipal Code.

2. Location Filming. Location filming is subject to the provisions of Chapter 5.44 of the Municipal Code.

D. Development Standards. Standards for structure setbacks, heights, floor areas, parking and landscaping areas and other structure and property development standards that apply to the type of use or the zoning district of the site shall apply to temporary uses.

E. Application. A temporary use permit application shall be filed with the department. The application shall be accompanied by the following:

1. Illustrations. Sketches or drawings of sufficient size and clarity to show without further explanation the following: size and location of the property, location of the adjacent street, location and size of all structures on the site, location of structures on adjacent lots, location and number of parking spaces, and location of any temporary fences, signs, or structures to be installed as part of the temporary use;

2. Statement of Operations. A letter describing the hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during commercial operation, and other information about the operation of the use that pertains to the impact of the use on the community or on adjacent uses; and

3. Letters from Abutting Property Owners. For uses proposed to last more than thirty-five consecutive days per calendar year (where listed as allowable uses in the applicable zoning district by Article II (Zoning Districts and Allowable Land Uses) letters signed by the property owners of each lot abutting the site on which the temporary use is proposed to be located. The letters shall acknowledge the proposed use, and dates and times of operation, and state the abutting property owner's agreement to the operation of the temporary use as described. Applications for which the applicant is unable to obtain these letters may be converted to a standard conditional use permit where the use is allowed with conditional use permit approval by the applicable zoning district.

F. Action by the Director. A temporary use permit may be approved, modified, conditioned, or disapproved by the director. At the discretion of the director, a temporary use permit may be referred to the commission for a hearing and decision.

The review authority may approve or conditionally approve a temporary use permit application, only if all the following findings are made:

1. That the establishment, maintenance or operation of the use will 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; and

2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

In making these determinations, the review authority shall take into consideration the short time period of the proposed use.

G. Conditions of Approval. In approving an application for a temporary use permit, the review authority may impose conditions deemed necessary to ensure that the permit will be in compliance with the findings required by subsection F.

H. Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Code. A bond may be required prior to initiation of the use to ensure cleanup after the use is finished.

A. Purpose. Conditional use permits and minor use permits are intended to allow for activities and uses which may be desirable in the applicable zoning district and compatible with adjacent land uses, but whose effect on the site and surroundings cannot be determined prior to being proposed for a particular location. The procedures of this Section provide for the review of the location, design, configuration, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

B. Applicability. A conditional use permit or minor use permit is required to authorize proposed land uses and activities identified by Article II (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a conditional or minor use permit.

C. Application Filing and Processing. An application for a conditional use permit or minor use permit shall be filed and processed in compliance with Chapter 17.40 (Applications--Filing and Processing).

D. Notice of Non-Appealable Development. A land use permit proposing a development within the coastal zone that is not appealable to the Coastal Commission is subject to the public notice requirements of Section 17.58.040 (Notice of Non-Appealable Development).

E. Project Review, Notice and Hearing. Each conditional and minor use permit application shall be analyzed by the director to ensure that the application is consistent with the purpose and intent of this section. The director shall conduct a public hearing on an application for a minor use permit; the commission shall conduct a public hearing on an application for a conditional use permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.58 (Public Hearings).

F. Referral of Minor Use Permit. At the discretion of the director, any minor use permit application may be referred to the planning commission for a hearing in compliance with subsection C above, and a decision in compliance with subsection E below.

G. Decision and Findings. Following a public hearing, the director may approve or disapprove an application for a minor use permit and the commission may approve or disapprove an application for a conditional use permit. The review authority shall record the decision and the findings upon which the decision is based. The review authority may approve a conditional use permit or a minor use permit only if all of the following findings are first made:

1. The proposed use is allowed with a conditional use permit or minor use permit within the subject zoning district and complies with all applicable provisions of this Zoning Code;

2. The proposed use is consistent with the general plan and any specific plan;

3. The approval of the conditional or minor use permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA);

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

5. The proposed use will not impair the architectural integrity and character of the zoning district in which it is to be located.

H. Conditions of Approval. In approving a conditional or minor use permit, the review authority may adopt any conditions of approval deemed necessary to achieve consistency with the general plan and any applicable specific plan, compliance with the provisions and purposes of this Zoning Code, and the protection of the public health, safety, and welfare.

I. Performance Guarantee. The review authority may require the applicant/owner to provide adequate performance security in compliance with Section 17.44.040, to guarantee proper compliance with conditions of approval.

J. Expiration. A conditional or minor use permit shall be exercised within two years from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 17.44 (Permit Implementation, Time Limits, Extensions).

L. Revocation. A conditional or minor use permit may be revoked in compliance with Section 17.60.090 (Permit Revocation or Modification).

A. Purpose. The planned development permit is intended to provide a process for allowing greater flexibility in site planning and design than afforded by the general development standards of this Zoning Code, to encourage more innovative and desirable projects, workforce, affordable and senior housing, development of non-conforming lots, and efficient use of land than may be possible through strict application of conventional zoning regulations.

B. Applicability. Planned development permits may be authorized for any outstanding development project in any zoning district. While subject to the city's health and safety standards specified in the International Building code, flexibility of the application of following Zoning Code development standards may be considered up to the limits identified in this section:

1. Structure location and setbacks, yard areas, and open spaces in the RSL, RSM and RR zoning districts subject to the indicated limits:

a. Front setback may be reduced to ten percent of the lot depth but no less than five feet.

b. Side setback may be reduced to seven percent of the lot width but no less than three feet.

c. Street side setback shall be a minimum of seven feet.

d. Rear setback may be reduced to seven percent of the lot depth.

2. Building height may exceed twenty percent of the maximum specified in General Plan Policy D-2a for fifty percent of the building footprint. This exception, inclusive of exceptions to building heights specified in Section 17.20.040, can only be considered for development in the Downtown Commercial Core Planning area and General Plan/Local Coastal Plan areas designated for Commercial, Resort Commercial, Public/Semi Public and Industrial land uses.

3. Parking and loading requirements, ingress and egress location; parking requirements may be reduced up to fifty percent from those specified in Section 17.108.020. Loading requirements, ingress, and egress may be determined by the Planning Commission.

4. Fences, walls and screening noted in Section 17.24.060 (A-D) may be exceeded by up to fifty percent.

5. Landscaping requirements may be no less than fifteen percent of a total lot area in residential zones and seven percent of a lot area in commercial or other zoning districts.

6. Lot coverage not to exceed:

a. RSL, RSM and RR zoning districts - Seventy-five percent.

b. CRS, CD and CG zoning districts - Ninety percent.

c. CS zoning district - Fifty percent.

7. Total building area/floor area ratio as follows:

a. RSL zoning district - Eighty-six percent of the first two thousand seven hundred square feet of lot area plus seventy percent of any lot area in excess of two thousand seven hundred square feet.

b. RSM zoning district - Ninety percent for multi-family housing, single-family houses shall be the same as the RSL zoning district.

c. RR zoning districts - One hundred thirty-five percent except that single family houses shall be the same as the RSL zoning district.

d. CRS, CD and CG zoning districts - Two hundred twenty percent.

e. C-M zoning district - Seventy percent.

8. Lot size:

a. RSL and RSM zoning districts - No less than three thousand five hundred square feet.

b. RR zoning district - No less than ten thousand square feet.

c. C-S zoning district - No less than seven thousand square feet.

9. Lot width:

a. RSL, RSM and RR zoning districts - No less than forty feet.

b. CM - No less than fifty feet.

C. Outstanding Development Qualifications. The qualifications for outstanding development will include one of the following for each request for flexibility of any single development standard:

1. For non-residential development:

a. Additional and improvement of open space exceeding fifteen percent of the required Zoning Code minimum.

b. A public recreational amenity.

c. An enhanced pedestrian, bicycle, and/or vehicle connectivity element exceeding the minimum established by the Municipal Code.

d. On-site public art subject to city approval as a part of the planned development permitting process.

e. Solar panel installation.

f. Building construction that meets or exceeds provisions outlined in Title 24: Energy Efficiency Standards for Residential and Nonresidential Buildings.

g. Workforce, affordable and senior housing residential dwelling units as a part of a mixed use project.

h. Other community benefits.

2. For residential development:

a. Addition of an accessory dwelling unit.

b. Solar panel installation.

c. Green build project components.

d. Construction of workforce, affordable or senior housing.

D. Project review. Each planned development permit application shall be analyzed by the Director to determine the implications of the proposed changes of site design standard, and to ensure that the application will result in an exemplary project characterized by more efficient and environmentally sensitive use and development of land than would otherwise be achieved utilizing standard development requirements. The application shall also be reviewed to verify that the project is otherwise consistent with all other applicable provisions of this Zoning Code. The Director shall prepare a report and recommendation on the proposal to the Planning Commission.

E. Notice and hearings. The Planning Commission shall hold a public hearing in compliance with Chapter 17.58 (Public Hearings). The Planning Commission may approve or disapprove the planned development permit in compliance with this section.

F. Findings, decision, conditions. The Planning Commission shall identity findings upon which the decision to approve or deny the planned unit development permit. The Planning Commission may approve a planned development permit application with or without conditions, if all of the following findings are made:

1. The proposed use is a permitted or conditional use within the applicable zoning district and complies with all applicable provisions of this Zoning Code;

2. The proposed use is consistent with the general plan/local coastal plan and any applicable specific plan;

3. The approval of the planned development permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA); and

4. The location and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity.

5. The project's design and configuration do not negatively impact coastal resources.

6. The Planning Commission identifies a nexus between the outstanding development quality and the requirement for the flexibility being sought.

7. The development standards as specified for the project have been varied to the minimum extent necessary in order to facilitate the outstanding quality of the development project.

G. Expiration. A planned development permit shall be exercised within two years from the date of approval or the permit shall become void, unless an extension is approved consistent with Chapter 17.44 (Permit Implementation, Time Limits, Extensions).

(Ord. O-2018-011 § 7, 2018: Ord. O-2014-006 § 2 (part), 2014: Ord. O-2014-004 § 2 (part), 2014)

A. Purpose. The provisions of this section allow for variances from the development standards of this Zoning Code only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

B. Applicability. The commission may grant a Variance from the requirements of this Zoning Code governing only the following development standards:

1. Dimensional standards (i.e., distance between structures, parcel area, building coverage, landscape and paving requirements, parcel dimensions, setbacks, and structure heights);

2. Sign regulations (other than prohibited signs); and

3. Number and dimensions of parking areas, loading spaces, landscaping or lighting requirements, except as otherwise provided in this Zoning Code.

The power to grant variances does not include allowed land uses, or residential density regulations.

C. Application Requirements. An application for a variance shall be filed in compliance with Section 17.40.040 (Application Preparation and Filing). It is the responsibility of the applicant to provide evidence in support of the findings required by subsection E (Findings).

D. Project Review, Notice and Hearing. Each variance application shall be reviewed by the director to ensure that the application is consistent with the purpose and intent of this section. The director provide the commission with a recommendation whether the application should be approved, approved subject to conditions, or disapproved. The commission shall hold a public hearing in compliance with Chapter 17.58 (Public Hearings), and may approve or disapprove the variance in compliance with this section.

E. Findings, Decision. Following a public hearing, the commission may approve, approve subject to conditions, or disapprove the variance, and shall record the decision in writing with the findings upon which the decision is based, in compliance with State law (Government Code Section 65906). The commission may approve an application, with or without conditions, only if the commission first finds that:

1. There are special circumstances applicable to the property (i.e., size, shape, topography, location or surroundings), such that the strict application of the requirements of this Zoning Code deprives the property owner of privileges enjoyed by other property owners in the vicinity and within the same zoning district;

2. Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought;

3. The adjustment authorized by the variance will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district;

4. Granting the variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and in the same zoning district; and

5. The adjustment authorized by the variance is consistent with the general plan and any applicable specific plan.

F. Conditions. Any variance granted shall be subject to conditions that will ensure that the variance does not grant special privilege(s) inconsistent with the limitations upon other properties in the vicinity and same zoning district.

G. Expiration. A variance shall be exercised within two years from the date of approval, or the variance shall become void, unless an extension is approved by the director, in compliance with Chapter 17.44 (Permit Implementation, Time Limits, Extensions).