§ 22.62

A.

Permit review procedures. This Chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this Title.

B.

Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Title 21 (Subdivisions) of this code.

C.

Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Chapter 22.60 (Permit Application Filing and Processing), for each application.

A.

Purpose of review. The Department of Planning and Building reviews business license applications to verify the compliance of proposed uses and buildings with county land use regulations, as required by Title 6 of this code. These standards apply to business license applications that:

Propose a new business; or

2.

Involve a change of use in an existing structure; or

3.

Renew a license for a business using leased off-site parking.

B.

Standards for business license clearance. No business license shall be approved by the Director unless the proposed site and land use satisfy the following requirements, as applicable.

1.

All licenses. Approval of all business license applications reviewed by the Director shall satisfy the following criteria.

a.

Use. The proposed use has been authorized by an approved land use permit; or where business license clearance is the only authorization required by this Title, the proposed use is allowed in the land use category that applies to the site, and is also allowed by any combining designation or planning area standard (Article 9) applicable to the site; or is a legal nonconforming use in compliance with Chapter 22.72.

b.

Structure. The Building Official certifies that the structure conforms to all applicable requirements of Title 19, evidenced by a Certificate of Occupancy.

c.

Operational standards. The proposed use will comply with all applicable provisions of Sections 22.10.030 (Air Quality), 22.10.050 (Explosives Storage), 22.10.060 (Exterior Lighting), 22.10.070 (Flammable and Combustible Liquids Storage), 22.10.170 (Vibration), and 22.10.180 (Water Quality).

d.

Violation. The proposed site and any structures or land uses existing on the site are not in violation of any applicable provision of this Title or this code.

2.

Re-use of existing structures. Approval of a business license application that proposes establishment of a new (different) business in an existing building or structure shall be subject to the provisions of Subsection B., and in addition shall be subject to the following.

a.

Parking. The proposed business site shall contain the number of off-street parking spaces, driveway and parking lot improvements as required by Chapter 22.18 (Parking); except as otherwise provided by Section 22.72.100 (Nonconforming Parking).

b.

Signing. All signing on the proposed site shall be in conformity with Chapter 22.20 (Signs), and Section 22.72.070 (Nonconforming Signs).

3.

New uses. Approval of a business license that proposes the first occupancy of a new building or structure shall require compliance with the provisions of Subsections B.1 and B.2, and in addition shall be subject to the following.

a.

Landscape, fencing and screening. All landscape, fencing and screening on the proposed site shall comply with Chapter 22.16 (Landscaping) and Section 22.10.080 (Fencing and Screening).

b.

Site development standards. The site shall conform to requirements for drainage, fire protection, curbs, gutters and sidewalks as required by Article 5 (Site Development Standards).

[Amended 1981, Ord. 2063; 1986, Ord. 2250; 1993, Ord. 2648] [22.02.028]

A Zoning Clearance is a ministerial land use permit. When a Zoning Clearance is required by this Title to authorize a development proposal, its approval certifies that the land use or development will satisfy all applicable provisions of this Title. In cases where a construction permit is required by Title 19 of this Code, the Zoning Clearance is processed and approved as part of the construction permit application and approval process. Approval of a Zoning Clearance enables the establishment of a land use that does not require a construction permit but is still subject to the standards of this Title.

A.

Zoning Clearance application. Zoning Clearance applications shall include the information required by Section 22.60.040.B, and the following additional information. Drawings shall be neatly and accurately prepared, at an appropriate scale that will enable ready identification and recognition of submitted information.

1.

Zoning Clearance content. Zoning Clearance applications shall include a site layout plan containing the following information, using multiple sheets if necessary, except as provided by Section 22.60.040.D (Waivers of Content).

a.

Site location and dimensions. Location, exterior boundaries and dimensions of the entire property that is the subject of the application. Scale of the drawing and a north arrow. Outside of the urban or village reserve lines identified by the Land Use Element, include an area location map showing the proposed project site and its distance from nearby roads, towns, and natural or manmade landmarks, as necessary to readily locate the site.

b.

Road access and street improvements. Location, name, width, and type of surfacing of adjacent street(s) or alleys. Location of existing or proposed curbs, gutter and sidewalk improvements, if any; evidence documenting that the site has legal access to a public road and has or will be provided adequate allweather physical access with completion of the development.

c.

Buildings and structures. Location, dimensions, and use of all existing and proposed structures on the property, including accessory structures, decks, balconies, fences, walls and other structural elements that protrude into yard areas (when the use of a proposed structure is not certain at the time of application, the occupancy-type as defined by the California Building Standards Code may be substituted for use); height of buildings and structures; elevations (relative height) from the finish floor of the garage or other parking area to the edge of the pavement or road at the driveway entrance.

d.

Easements. Location, dimensions and purpose of all recorded easements on the property, including, but not limited to, utility, drainage and access easements, etc.

e.

Utilities. Location, dimensions and type of proposed water supply and sewage disposal facilities or connections.

f.

Site improvements. Location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials; and identification of any driveway grades over 10 percent. Location and dimensions of areas proposed for grading and site disturbance. Where a landscape plan is required in compliance with Chapter 22.16, show compliance with the landscape standards Chapter 22.16.

g.

Landforms. The generalized location of any major topographic or man-made features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas.

h.

Additional information. To be included with Zoning Clearance applications as required in the following specific cases, in addition to all other information required by this Section.

(1)

Combining designation information. When required by Chapter 22.14 for sites within a combining designation identified by the Land Use Element.

(2)

Drainage plan. When required by Chapter 22.52 (Drainage) or Chapter 22.14 (Combining Designations).

(3)

Fire safety plan. When required by Chapter 22.50 (Fire Safety), to be submitted for projects outside the urban or village reserve lines.

(4)

Grading plan. When required by Chapter 22.52 (Grading).

(5)

Planning area requirements. An application shall also include all information required by Article 9 (Community Planning Standards) for a specific community, or area of the county.

(6)

Sign information. When any use is proposed to have signs, a description of their location, size, design and copy shall be provided.

(7)

Special standard requirements. An application shall also include all information required by the standards of Article 4 for a specific use, or by other Chapter of this Title.

(8)

Solid waste disposal information. As required by Section 22.10.150.

(9)

Trees. Applications for projects within urban or village reserve lines, or where required by planning area standards (Article 9), shall show the location of trees existing on the site in or within 50 feet of proposed grading or other construction, which are eight inches or larger in diameter at four feet above natural grade. Trees proposed to be removed shall be noted (any tree removal is subject to the requirements of Chapter 22.54 - Tree Preservation).

(10)

New or expanded irrigated crop production overlying the Paso Robles Groundwater Basin (excluding the Atascadero Sub-basin). As required by Section 22.30.204.

2.

Ownership verification. Evidence that the applicant is the owner of the subject site or has written authorization from the owner or owners to make the application.

B.

Zoning Clearance review and approval. The Director shall approve a Zoning Clearance application when the proposed project or use satisfies all applicable provisions of this Title. (In approving a Zoning Clearance that designates occupancy type rather than use, the Director will supply the applicant a list of uses that can be accommodated by the building and site improvements proposed, consistent with the requirements of this Title.)

C.

Post-approval procedures. The procedures in Chapter 22.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Zoning Clearance.

[Amended 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1993, Ord. 2648; 2015, Ord. 3308; 2014, Ord. 3282; 2022, Ord. 3483; 2023, Ord. 3484] [22.02.030]

Site Plan Review is required by this Title for projects more intensive than those requiring a Zoning Clearance. Site Plan Review considers the greater effects these uses may have upon their surroundings, and characteristics of adjacent uses that could have detrimental effects upon a proposed use. Like the Zoning Clearance, a Site Plan Review is also a ministerial land use permit. When Site Plan Review is required, application preparation and processing shall occur as follows.

A.

Site Plan Review application content. Site Plan Review applications shall include an application form and other information prepared as specified in Sections 22.60.040.B, and 22.62.030 (Zoning Clearance), and shall also include all the following.

1.

Preliminary floor plan. For all structural uses except single residences and agricultural accessory buildings.

2.

Architectural elevations. For all structural uses except single residences and agricultural accessory buildings, provide illustrations of how the completed buildings will appear, such as elevations, renderings or perspectives of each proposed structure, identifying the color, texture and type of all exterior finish and roofing materials.

Adjacent land use information. For all uses except single residences, the location, use and approximate dimensions of buildings within 100 feet of the site.

4.

Landscape plan. To be prepared as required by Chapter 22.16 (Landscaping), for all applicable projects in compliance with Chapter 22.16.

5.

Contour map. To be prepared as follows, except when a grading plan is required by Chapter 22.52 (Grading).

a.

Inside urban reserve lines. Site contour information shall be provided at five-foot intervals for undeveloped areas and two-foot intervals for building sites and paved or graded areas.

b.

Outside urban reserve lines. Site contour information shall be provided at 10-foot intervals (which may be interpolated from USGS Topographic Quadrangle Maps) for undeveloped areas, and at two-foot intervals for building sites and paved or graded areas.

c.

Areas in excess of 30 percent slope. May be designated as such and contours omitted, unless proposed for grading, construction or other alteration.

6.

Supplementary development statement. Including a phasing schedule for project construction if proposed, and identification of any areas proposed to be reserved and maintained as common open space. Applications for uses subject to the provisions of Article 4 (Standards for Specific Land Uses) shall include explanation of how the proposed project will comply with the applicable provisions of Article 4.

7.

Reduced drawings. Site Plan Review applications shall include one copy each of the site layout plan and architectural elevations (if any), reduced to 8-½- by 11-inch sheets to facilitate the transmittal of this information to responsible agencies for their review.

B.

Site Plan Review processing. Site Plan Review applications shall be submitted to the Department of Planning and Building and shall be processed as follows.

1.

Environmental determination. Where a Site Plan Review application is required by Chapter 22.52 (Drainage) or Chapter 22.14 (Combining Designations) to include a drainage plan, or where Chapter 22.14 or Article 4 (Standards for Specific Land Uses) otherwise require an environmental determination, the determination shall occur in compliance with Section 22.62.050.B, before the processing steps of Subsections B.2 through B.3.

a.

If an Environmental Impact Report (EIR) is required, the project shall be processed and authorized only as a Conditional Use Permit (Section 22.62.060).

b.

Where no EIR is required, processing shall be as described in Subsections B.2 through B.3.

2.

Review and approval. The Director shall approve a Site Plan Review application if the proposed project satisfies all applicable provisions of this Title. Where a negative declaration on a Site Plan Review identifies necessary environmental impact mitigation measures, they shall apply to the approved Site Plan Review as conditions of approval. The approval shall become effective for the purpose of building or grading permit issuance, or establishment of a use not involving construction, on the date of approval of the Site Plan Review application unless an appeal is filed as set forth in Subsection B.3.

3.

Appeal of Site Plan Review decision. Any aggrieved person may appeal a Site Plan Review decision as stated in Section 22.70.050 (Appeal) within seven days of the decision; provided the only basis for an appeal, or action on an appeal by the appeal body shall be whether the proposed use satisfies all applicable provisions of this Title.

C.

Post-approval procedures. The procedures in Chapter 22.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Site Plan Review.

[Amended 1982, Ord. 2091; 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1993, Ord. 2648]

The Minor Use Permit review process provides for public review of significant land use proposals that are not of sufficient magnitude to warrant Commission review; and to insure the proper integration into the community of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner. The Minor Use Permit process shall include the opportunity for a public hearing before the Director. Action on a Minor Use Permit is discretionary, and may include: approval based on the standards of this Title; approval with conditions; or disapproval, based on conflict with the provisions of this code, or information in the Tentative Notice of Action or public hearing testimony. When Minor Use Permit approval is required by this Title, preparation and processing of the application shall be as follows

A.

Application content. The content of a Minor Use Permit application shall be the same as for Site Plan Review (Section 22.62.040), and shall also include a list of names and addresses of all owners of property located within 300 feet of the perimeter of the parcel to be developed, accurate as of the day the application is filed with the County.

B.

Minor Use Permit processing. Minor Use Permit applications shall be filed with the Department of Planning and Building, and shall be processed as follows.

1.

Environmental determination. When a Minor Use Permit application has been accepted for processing as set forth in Section 22.60.050 (Determination of Completeness), it shall be subject to an environmental determination as required by the California Environmental Quality Act (CEQA). No action shall be taken to approve or conditionally approve the application until the environmental determination results in.

a.

A statement by the Environmental Coordinator that the project is exempt from the provisions of CEQA; or

b.

Approval of a negative declaration by the Review Authority in compliance with CEQA; or

c.

Certification of a final environmental impact report (EIR) by the Review Authority in compliance with CEQA.

If an EIR is required, the project shall be processed and authorized only as a Use Permit (Section 22.62.060).

Where no EIR is required, Minor Use Permit processing shall be as described in this Section.

2.

Referral to Commission.

a.

At the discretion of the Director, any Minor Use Permit application for a project that may generate substantial public controversy or involve significant land use policy decisions may be referred to the Commission for review and decision in the same manner as a Conditional Use Permit (Section 22.62.060), without the applicant being charged an additional application fee.

b.

An applicant may also choose that a Minor Use Permit application be subject to Commission review and decision as a Conditional Use Permit, provided that an additional fee in an amount equivalent to the

difference between the fees for Minor Use Permit and Conditional Use Permit is first paid. This request by the applicant shall be filed with the Director in writing before notice of the administrative hearing is provided in compliance with Subsection B.4.

3.

Tentative Notice of Action. Before scheduling an administrative hearing on a Minor Use Permit, the Director shall cause a Tentative Notice of Action to be prepared. The tentative notice shall.

a.

Identify the proposed project and applicant;

b.

Describe the relationship of the project to applicable county land use and development policies and ordinances;

c.

Cite all relevant findings to be made in connection with the action on the project;

d.

Note whether the tentative action shall be approval, approval subject to conditions or disapproval of the Minor Use Permit; and

e.

List any applicable conditions of approval.

f.

Note that the tentative decision will become the final action on the project, effective on the 15th day following the administrative hearing, unless the tentative decision is changed as a result of information obtained at the hearing or is appealed in compliance with Section 22.70.050.

The Tentative Notice of Action shall be mailed to the applicant no later than 15 days before the administrative hearing. The Tentative Notice of Action may also be provided any other interested persons upon request, subject to the fees set by the Board.

4.

Administrative hearing. A public hearing before the Director on each Minor Use Permit shall receive public notice and be conducted as follows.

a.

Notice of hearing. Notice of public hearing shall be given as provided by Section 22.70.060, except as follows.

(1)

Content of notice. In addition to the information required by Government Code Section 65094, the notice shall declare that the application will be acted on without a public hearing if no request for a hearing is made in compliance with Subsection B.

(2)

Method of notice distribution. Notice of public hearings shall be given as provided by Section 22.70.060.A.

b.

Public hearing. A public hearing on a Minor Use Permit shall occur only when a hearing is requested by the applicant or other interested person(s). This request shall be made in writing to the Director no later than seven days after the date of the public notice provided in compliance with Subsection B.4.a. In the event a public hearing is requested, the Minor Use Permit shall be scheduled for a hearing on the date and time as defined in the public notice. In the event that a proposed project conflicts with existing plans and ordinances, the Director may continue an item to the next meeting date regardless of whether a public hearing has been requested. The applicant and any interested parties shall be notified of the continuance.

5.

Final decisions on Minor Use Permits. Immediately after the conclusion of public testimony in the case of a public hearing, or no sooner than the date of the meeting specified in the public notice required by Subsection B.4.a, the Director shall:

a.

Announce that the decision on the project set forth in the Tentative Notice of Action is the final administrative action on the proposed project and that the Minor Use Permit will become effective as set forth in Subsection E. unless appealed; or

b.

Announce that the tentative decision is changed as a result of information provided at the administrative hearing and whether the final decision is approval, conditional approval or denial; or

c.

Continue the hearing to a date certain to provide additional time to evaluate information obtained at the hearing prior to a final decision; and

d.

In the event final action is taken, notify interested persons of the procedures by which the decision of the Director may be appealed.

C.

Minor Use Permit approval or disapproval. The authority to take final action on a Minor Use Permit as set forth in this Subsection is assigned to the Director for the purposes of this Section, in compliance with Section 22.70.020.B and the authority established by Government Code Sections 65900 et seq. Decisions by the Director on Minor Use Permits may be appealed in compliance with Section 22.30.060.

1.

Criteria for approval. A Minor Use Permit shall be approved only where the proposed use satisfies all applicable provisions of this Title, including but not limited to the findings in Section 22.62.060.C.4.

2.

Authority for action. Approval or disapproval of a Minor Use Permit shall occur in the same manner and with the same discretion and effect as set forth for Conditional Use Permits in Section 22.62.060, provided that all authority to reach decisions, make findings, and impose conditions of approval in compliance with Section 22.62.060.C is assigned to the Director.

D.

Notice of Final Action. Within seven days of the administrative hearing, or no sooner than the date of the meeting specified in the public notice required by Subsection B.4.a, the Director shall prepare a written Notice of Final Action. The Notice of Final Action shall include the Tentative Notice of Action described in Subsection B.3, and shall also describe any changes to the tentative action as a result of the administrative hearing (if held), including the final action itself, findings or conditions of approval resulting from the hearing, as well as noting the effective date of the Minor Use Permit. The notice shall be mailed to the applicant.

E.

Effective date of Minor Use Permit. The approval of a Minor Use Permit shall become effective for the purposes of construction permit issuance, business license clearance, or establishment of a non-structural use, on the 15th day following the act of Director's approval, unless an appeal is filed in compliance with Section 22.70.050.

F.

Post-approval procedures. The procedures in Chapter 22.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Minor Use Permit.

[Amended 1992, Ord. 2553; 1992, Ord. 2583; 1994, Ord. 2696; 1995, Ord. 2741; 1999, Ord. 2880]

The purpose of a Conditional Use Permit is to: provide for public review of significant land use proposals; and to insure the proper integration into the community of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner. The Conditional Use Permit process includes a public hearing before the Commission. Action on a Conditional Use Permit is discretionary and may include: approval based on the standards of this Title; approval with conditions; or disapproval, based on conflict with the provisions of this

code, or information in the staff report or public hearing testimony. When Conditional Use Permit approval is required by this Title, preparation and processing of the application shall be as follows.

A.

Application content. The content of a Conditional Use Permit application shall be the same as required for Site Plan Review by Section 22.62.040, and Minor Use Permits by Section 22.62.050.

B.

Conditional Use Permit processing. Conditional Use Permit applications shall be submitted to the Department of Planning and Building, and shall be processed as follows.

1.

Environmental determination. When a Conditional Use Permit application has been accepted for processing as set forth in Section 22.62.050.A (Determination of Completeness), it shall be subject to an environmental determination as required by the California Environmental Quality Act (CEQA). No action shall be taken to approve or conditionally approve the application until the environmental determination results in:

a.

A statement by the Environmental Coordinator that the project is exempt from the provisions of CEQA; or

b.

Approval of a negative declaration by the decision making body in compliance with CEQA; or

c.

Certification of a final environmental impact report (EIR) by the decision- making body in compliance with CEQA.

2.

Staff report. Following completion of an Environmental Determination, the Department of Planning and Building shall prepare a staff report that:

a.

Describes the characteristics of the proposed land use or development project, as well as the project site and its surroundings; and

b.

References applicable county land use policies; and

c.

Determines whether the proposed use or project satisfies at minimum the provisions of this Title; and

d.

Recommends whether, and on what basis, the proposal should be approved, conditionally approved or disapproved.

3.

Public hearing. The Director shall schedule the Conditional Use Permit for public hearing before the Review Authority as set forth in Section 22.70.060.

C.

Conditional Use Permit approval or disapproval. The authority to take final action on a Conditional Use Permit as set forth in this Subsection is assigned to the Subdivision Review Board or Commission. Where a Conditional Use Permit application is required in conjunction with a land division application, the advisory agency designated to take action on the land division by Title 21 of this code shall consider both the Conditional Use Permit application and the land division application on the same agenda. Final action on the Conditional Use Permit shall occur prior to final action on the land division application. In all other cases requiring Conditional Use Permit approval only, the Commission is assigned to take final action. Decisions of the Review Authority may be appealed to the Board (Section 22.70.050).

1.

Conditions of approval. After the conclusion of a public hearing, the Review Authority may approve, conditionally approve, or disapprove the Conditional Use Permit. In conditionally approving a Conditional Use Permit, the Review Authority shall designate conditions to satisfy any requirements of CEQA, and to:

a.

Secure compliance with the objectives and requirements of this Title and the Land Use Element; and

b.

Designate time limits or phasing schedules other than those specified in Section 22.64.060 (Land Use Permit Time Limits) for the completion of projects, when deemed appropriate.

2.

Additional conditions. In addition to the conditions of Subsection C.1, the Review Authority may adopt other conditions, including but not limited to:

a.

Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 22.64.040 (Guarantees of Performance);

b.

Requiring installation of specific on-site or off-site improvements;

c.

Modifying, superseding or replacing conditions of approval imposed on the subject site or land use by a previous Conditional Use Permit, Minor Use Permit or any land use permit issued in compliance with the zoning ordinance (Ordinance No. 603).

d.

Authorizing land uses on the site in addition to those requested in the Conditional Use Permit application where the additional uses would normally be required by this Title to have Zoning Clearance, Site Plan Review or Minor Use Permit approval.

e.

Any other conditions judged by the Review Authority to be necessary to achieve compatibility between the proposed use and its site, its immediate surroundings, and the community.

3.

Effect of conditions. Whenever a Conditional Use Permit approval is granted or amended subject to conditions, use or enjoyment of the Conditional Use Permit approval in violation, or without observance of any condition shall constitute a violation of this Title. In the event of such a violation, the approval may be revoked or modified as provided in Section 22.14.160 (Permit Revocation). The duration of conditions is established in Section 22.64.120 (Lapse of Land Use Permit).

4.

Required findings. The Review Authority shall not approve or conditionally approve a Conditional Use Permit unless it first finds that:

a.

The proposed project or use is consistent with the Land Use Element of the General Plan; and

b.

The proposed project or use satisfies all applicable provisions of this Title; and

c.

The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and

d.

That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and

e.

That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved with the project.

f.

Any additional findings required by planning area standards in Article 9 (Community Planning Standards), combining designation (Chapter 22.14), or special use (Article 4).

D.

Effective date of land use permit. The approval of a Conditional Use Permit shall become final and effective for the purposes of construction permit issuance or establishment of a non-structural use, on the 15th day following the Review Authority approval; unless before that time, an appeal to the decision is filed as set forth in Section 22.70.050 (Appeal).

E.

Post-approval procedures. The procedures in Chapter 22.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Conditional Use Permit.

[Amended 1981, Ord. 2063; 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1992, Ord. 2583] [22.04.034]

22.62.070 - Variances.

A Variance from the strict application of the requirements of this Title may be requested as provided by this Section.

A.

Limitations on the use of a Variance. A Variance shall not be used to:

1.

Reduce the minimum parcel size required for a new land division by Chapters 22.22 or Article 9 below the range of parcel sizes specified by Part I of the Land Use Element for the land use category in which the site is located; or

2.

Authorize land uses other than those normally identified as allowable in a particular land use category by Section 22.06.030 (Allowable Land Uses and Permit Requirements) planning area standards of Article 9, or other Chapter of this Title, in compliance with Government Code Section 65906.

B.

Application. A written application for Variance shall be filed with the Department of Planning and Building on the form provided, accompanied by all graphic information required for Zoning Clearance by Section

22.62.030 (Zoning Clearance Content), and any additional information necessary to explain the request. Acceptance of the application is subject to Section 22.04.030.A (Allowable use), and 22.60.050.A (Determination of Completeness).

C.

Notice and hearing. After acceptance of a Variance application and completion of a staff report, the Commission shall conduct a public hearing on the Variance request. Notice and scheduling of the hearing shall comply with Section 22.70.060 (Public Hearing).

D.

Action on a Variance. The Commission shall approve, approve subject to conditions, or disapprove a Variance in compliance with this Subsection. The decision may be appealed to the Board in compliance with Section 22.70.050 (Appeals).

1.

Findings. Approval or conditional approval may be granted only when the Commission first determines that the Variance satisfies the criteria in Government Code Section 65906 by finding that:

a.

The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and land use category in which the property is situated; and

b.

There are special circumstances applicable to the property, related only to size, shape, topography, location, or surroundings, and because of these circumstances, the strict application of this Title would deprive the property of privileges enjoyed by other property in the vicinity that is in the same land use category; and

c.

The Variance does not authorize a use that is not otherwise authorized in the land use category; and

d.

The granting of the Variance does not, under the circumstances and conditions applied in the particular case, adversely affect public health or safety, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements.

2.

Conditions of approval. In approving an application for Variance, conditions shall be adopted as are deemed necessary to enable making the findings required by Subsection D.1.

E.

Effective date of Variance. The approval of a Variance shall become final and effective for the purposes of construction permit issuance or establishment of a non-structural use, on the 15th day after the act of Commission approval; unless before that time an appeal to the decision is filed in compliance with Section 22.70.050 (Appeals).

F.

Post-approval procedures. The procedures in Chapter 22.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Variance.

[Amended 1999, Ord. 2880] [22.01.045]

This Section establishes procedures for the issuance of emergency permits in situations that constitute an emergency as defined by this Section. Emergency permits may be granted by the Director as provided by this Section.

A.

Emergency defined. For the purposes of this Section, an emergency is a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

B.

Permit procedures. In cases of emergency, the Director may issue an emergency permit in compliance with the following provisions:

1.

Applications in cases of emergencies shall be made to the Director in writing if time allows, or by telephone or in person if time does not allow.

2.

The information to be reported during the emergency, if it is possible to do so, or as soon as possible after the emergency shall include the following:

a.

The nature of the emergency;

b.

The cause of the emergency, insofar as this can be established;

c.

The location of the emergency;

d.

The remedial, protective or preventative work required to deal with the emergency; and

e.

The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.

3.

The Director shall verify the facts including the existence and nature of the emergency, insofar as time allows.

4.

The Director shall provide public notice of the proposed emergency work, with the extent and type of notice determined by the nature of the emergency.

5.

The Director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, based on the finding:

a.

An emergency exists that requires action more quickly than permitted by the process for regular permits administered pursuant to this Title, and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit;

b.

Public comment on the proposed emergency action has been reviewed, as time allows; and

c.

The work proposed would be consistent with applicable standards of this Title.

6.

Within 30 days of the notification required in Subsection B.1, the property owner shall apply for a land use permit as required by this Title and any construction permits required by Title 19 of this code. Failure to file the applications and obtain the required permits shall result in enforcement action in compliance with Chapter 22.74.

7.

The Director shall not issue an emergency permit for any work to be undertaken on any submerged lands or on public trust lands, whether filled or unfilled.

The Director shall report emergency permits to the Commission at their next regular meeting. The decision to issue an emergency permit is solely at the discretion of the Director, although subsequent permits required for the project are subject to all applicable hearing requirements of this Title.

[Added 1995, Ord. 2741] [22.03.045]

Chapter 22.64 - PERMIT IMPLEMENTATION, TIME LIMITS AND EXTENSIONS