Article II — Conditional Use Permit, Variance, Legislative Change Request,…

17.808.200 Conditional use permit.

A. Purpose. A conditional use permit is a zoning instrument used primarily to review the location and conduct of certain land uses that are known to have a distinct impact on the area in which they are located, or are capable of creating special problems for bordering properties, unless given special attention. A conditional use permit is a discretionary permit and is not the automatic right of an applicant.

B. Approval authority.

1. A conditional use permit is subject to review at the director level by the zoning administrator or planning director, at the commission level by the planning and design commission, or by the city council, as provided in this title.

2. A director-level decision on a conditional use permit is appealable to the planning and design commission, and a commission-level decision on a conditional use permit is appealable to the city council, as provided in section 17.812.060.

• C. Decision and findings.

1. The decision-maker may approve a conditional use permit based on all of the following findings:

a. The proposed use and its operating characteristics are consistent with the general plan and any applicable specific plan or transit village plan; and

b. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it is located, and of all other provisions of this title and this code; and c. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public services and utilities; and

d. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.

2. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Purpose. A variance is a limited waiver or modification of a requirement contained in this title and is intended to be applied in situations where the strict application of the requirement to a proposed development will result in practical difficulty or unnecessary hardship for the owner due to unusual physical characteristics of the subject parcel. A variance is a discretionary permit and is not the automatic right of any applicant.

• B. Approval authority.

1. A variance is subject to review at the director level by the zoning administrator.

2. A decision on a variance is appealable to the planning and design commission as provided in section 17.812.060.

• C. Decision and findings.

1. The decision-maker may approve a variance, based on all of the following findings:

a. The parcel has physical characteristics, including its location, shape, size, topography, and surroundings, that do not generally exist in other properties in the vicinity with the same zoning classification; and

b. Due to these physical characteristics, strict compliance with this title would deprive the subject parcel of development opportunities enjoyed by comparable parcels in the vicinity with the same zoning classification; and

c. Approval of the requested variance will directly address the development impediments created by strict application of this title due to the physical characteristics of the subject parcel, but will not result in development advantages for the subject parcel inconsistent with the limitations imposed by this title on comparable parcels in the vicinity with the same zoning classification; and

d. Approval of the requested variance will not be detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance; and

e. Approval of the requested variance will not allow a use or activity on the subject parcel that is not otherwise expressly authorized by this title; and

f. Approval of the requested variance authorizes development that is consistent with the general plan and any applicable specific plan or transit village plan.

2. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

(Ord. 2016-0045 § 5; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Purpose. The following changes to legislative regulations applicable to a parcel of land may be requested by the parcel owner. Changes to legislative regulations are legislative acts, are discretionary, and are not the right of the applicant.

1. Amendment of the land use designation established by the general plan or any specific plan.

2. Designation of a planned unit development.

3. Adoption of a planned unit development schematic plan and development guidelines.

4. Amendment of a planned unit development schematic plan designation.

5. Text amendment to planned unit development guidelines.

6. Rezoning.

7. Prezoning of a parcel outside of the city limits.

• B. Approval authority.

1. Commission level-Recommendation. Except as provided in paragraph 3 of this subsection below, legislative

change requests are subject to review at the commission level by the planning and design commission. At the conclusion of the hearing, the commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken on each motion on the request.

2. Council level. Legislative change requests are subject to review by the city council upon receipt of the recommendation or report from the planning and design commission.

3. An amendment to a planned unit development schematic plan or development guideline is subject to review by the planning and design commission, unless the amendment solely relates to a sign program specified in section 17.452.040.B.2.b, in which case the amendment is subject to review at the director level.

• C. Decision and findings.

1. The decision-maker may approve a legislative change request as provided in this subsection C.

• a. A decision to approve an amendment to a general plan land use designation is made by resolution, based on the following findings of fact:

• i. The amendment is internally consistent with the goals, policies, and other provisions of the general plan; and

ii. The amendment promotes the public health, safety, convenience, and welfare of the city; and

iii. The zoning classification of the subject parcel is consistent with the proposed general plan land use designation.

b. A decision to approve an amendment to a specific plan land use designation is made by resolution, based on the following findings of fact:

i. The amendment is consistent with the applicable general plan land use designation, use, and development standards; and the goals, policies, and other provisions of the general plan;

ii. The amendment promotes the public health, safety, convenience, and welfare of the city; and

iii. The zoning classification of the subject parcel is consistent with the proposed specific plan land use designation.

c. A decision to designate a planned unit development or to adopt or approve an amendment to a planned unit development schematic plan or development guideline is made by resolution, based on the following findings of fact: i. The designation, adoption, or amendment is consistent with the applicable general plan land use designation, use, and development standards; the goals, policies, and other provisions of the general plan; and any applicable specific plan or transit village plan;

ii. The designation, adoption, or amendment promotes the public health, safety, convenience, and welfare of the city; and

iii. The zoning classification of the subject parcel is consistent with the proposed designation of a planned unit development, or adoption of or amendment to the planned unit development schematic plan and development guidelines.

d. A decision to approve a rezoning or prezoning is made by ordinance, based on the following findings of fact: i. The rezoning or prezoning is consistent with the applicable general plan land use designation, use, and development standards; the goals, policies, and other provisions of the general plan; and any applicable specific plan; and

ii. The amendment promotes the public health, safety, convenience, and welfare of the city.

2. The city council or planning and design commission may modify the request as it determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2019-0006 § 19; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Purpose. Administrative permits are used to determine the conformance of a proposed project to applicable development standards, use regulations, location restrictions, and similar requirements. Administrative permits are ministerial permits.

• B. Approval authority.

1. Administrative permits are subject to consideration and action at the administrative level of review under the general direction of the planning director.

2. Action on an administrative permit is not appealable.

C. Decision. The planning director, or other director as may be designated by the planning director, shall approve an administrative permit if the proposed project conforms to all applicable standards, regulations, and requirements. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate for the project to conform to the standards, regulations, and requirements as required for approval. (Ord. 2017-0061 § 89; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

With the concurrence of the planning director, the building official may issue a building permit prior to the approval of all discretionary permits required by this title, subject to all of the following conditions and criteria:

A. The applicant for the building permit shall have completed and submitted an application for all discretionary permits required by this title for the development authorized by the building permit;

B. The development authorized by the building permit is to replace, rebuild, or reconstruct a structure or building destroyed or made inoperable due to a natural disaster such as a flood, earthquake, or other soil or geologic movement; fire; or the occurrence of a riot, accident or sabotage;

C. A demonstrated urgency exists to replace, rebuild, or reconstruct the structure or building involving a clear and imminent danger demanding immediate action to prevent or mitigate loss or damage to life, health, or property; or the threat of loss of services for which there is an overriding public concern;

D. The completed application filed for all discretionary permits required by this title qualifies as an emergency or other exempt project under the State CEQA Guidelines promulgated in Title 14, California Code of Regulations, section 15000 et seq.; and

E. The applicant files a letter with the planning director, executed before a notary public, indicating that the applicant understands that:

1. The structure or building shall be removed by the applicant all discretionary permits required by this title are not approved;

2. The issuance of a building permit in advance of approval of all discretionary permits required by this title does not vest in the applicant or successor to the applicant, any right to continue construction or use of the structure or building, if all discretionary permits required by this title are not approved by the appropriate authority;

3. If the city is required to remove the structure or building due to the applicant's refusal or inability to do so, the applicant shall pay reasonable costs, including attorneys' fees and administrative expenses, incurred by the city in removing or contracting to remove the structure or building; and

4. A cash deposit or bond shall be required, in an amount to be determined by the planning director, sufficient to pay the costs of the removal of the structure or building, including reasonable attorneys' fees and administrative expenses; said deposit or bond to be held, or to remain in force, until released by the director. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Purpose. A mixed income housing strategy, as required by chapter 17.712, is intended to ensure that large residential projects provide housing for a variety of incomes and family types that is consistent with housing element policy.

B. Approval authority.

1. Commission level-Recommendation. A mixed income housing strategy is subject to review at the commission level by the planning and design commission. At the conclusion of the hearing, the commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken on each motion on the request.

2. Council level-Approval. A mixed income housing strategy is subject to review and approval by the city council upon receipt of the recommendation or report from the planning and design commission.

3. Minor amendments. An amendment to an approved mixed income housing strategy that does not change the intensity of land uses by more than ten percent is subject to review and approval by the planning and design commission.

• C. Decision and findings.

1. The approval authority may approve a mixed income housing strategy by resolution, based on the following findings of fact:

• a. The mixed income housing strategy is consistent with the goals, policies, and other provisions of the general plan and its housing element; and

• b. The mixed income housing strategy promotes the public health, safety, convenience, and welfare of the city.

2. The city council or planning and design commission may modify the mixed income housing strategy as it determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2021-0024 § 39; Ord. 2015-0029 § 3)