Portola Municipal Code § 17.82.020 Variance to development and parking standards

In addition to any other approval required by this code or by applicable law, the following discretionary approvals may be required:

A. Administrative Permit (AP). An administrative permit shall be obtained pursuant to this title prior to initiation of certain activities or construction of improvements which are permitted pursuant to Articles II, III and IV of this title and only upon compliance with specific standards as specified in this title. The approving authority for administrative permits shall be the city manager or his or her designee.

B. Conditional Use Permit (CUP). A conditional use permit shall be obtained prior to initiation, modification or expansion of a use pursuant to Articles II and III, and upon compliance with specific standards, as applicable, of Article IV of this title. The approving authority for conditional use permits shall be the planning commission.

C. Design Review Permit for Residential Subdivisions (DRP). A design review permit for residential subdivisions shall be obtained when required in Article II concurrent or following processing an application for a tentative residential subdivision map to establish design standards for a residential subdivision or as a separate permit when modifying existing design standards. The approving authority for design review for residential subdivisions is the planning commission.

D. Flood Encroachment Permit (FEP). A flood encroachment permit shall be obtained prior to commencement of any use or activity, as listed in Chapter 17.28, within the floodplain overlay zone. The approving authority for a flood encroachment permit shall be the planning commission.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Variance (V). A variance shall be obtained to allow deviation from the provisions of this title governing the application of development standards such as parking requirements, lot size, width, setbacks, area and height requirements thereof exceeding ten percent of the development standard. Variances that exceed the development standard by less than ten percent shall be processed administratively in accordance with Section 17.88.020. No variances from permitted uses for any zone district as set forth in this title shall be granted. A variance to reduce parking requirements shall not be processed administratively. The approving authority for variances shall be the planning commission, except as otherwise identified by this chapter.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

A permit normally processed administratively, that is processed with a permit or variance, shall be reviewed by the public hearing approving authority for the permit or variance.

Whenever a proposed development or use requires the issuance of more than one permit or variance, the applicable processing requirements of this chapter shall apply simultaneously.

(Ord. 289 § 2 (Exh. A (part)), 2002)