A.
Permit
review procedures. This chapter provides procedures for the final
review, and approval or denial of the land use permit applications
established by this Zoning Code.
B.
Subdivision
review procedures. Procedures and standards for the review and approval
of subdivision maps are found in Title 19 (Subdivisions) of the City
Code.
(Ord. 3677 § 1, 2004)
A.
Purpose.
A Zoning Clearance is the procedure used by the City to verify that
a proposed land use or structure is allowed in the applicable zoning
district, and that the project complies with the development standards
of this Zoning Code that apply to the use, consistent with the General
Plan.
B.
Applicability.
1.
When
required. Where Division 2 (Zoning Districts and Allowable Land Uses)
or other provision of this Zoning Code require a Zoning Clearance
as a prerequisite to establishing a new or modified land use, authorizing
a change in ownership, or the issuance of a Business Tax Certificate,
the Zoning Clearance shall be required at the time of Department review
of any change in use or occupancy authorization required by this Zoning
Code.
a.
Land use. A Zoning Clearance shall be obtained before the initiation
or commencement of any use of land not requiring the construction
of a structure.
b.
Change of use. Whenever a use is proposed to be changed from an activity
for which a Zoning Clearance has been issued, or which is exempt under
Subsection B.1 (When required), whether or not the new use involves
a new lessee, operator, or owner, a new Zoning Clearance shall be
obtained.
c.
Change of tenancy or ownership. A new Zoning Clearance shall be obtained
for a change of lessee, operator, or owner even when the change does
not involve a change in the use or activity being conducted on the
subject property.
d.
Residential use. The provisions of this section shall not apply to
any residential land use within a residential zoning district.
C.
Form
of Zoning Clearance. A Zoning Clearance may take the form of a Zoning
Clearance Certificate, an authorized signature on another City approval
document, a stamp or authorized signature on a set of building plans,
or other form determined by the Director to be appropriate.
D.
Issuance.
The Director shall issue the Zoning Clearance after determining that
the request complies with all Zoning Code provisions applicable to
the proposed use.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
A.
Purpose.
This section establishes procedures for the City's review of the design
aspects of proposed development (for example, building design, landscaping,
site planning and development, and signs), in compliance with the
City's Design Guidelines.
B.
Applicability.
1.
Private
projects. Design Review approval is required for all projects requiring
a Building Permit and all exterior physical changes to existing structures
that may or may not require a Building Permit except for the following:
a.
Landscaping repair or replacement;
b.
Parking lot repaving;
c.
Repainting, even when it includes a color change, unless the repainting
is for the purpose of creating signage for the building;
d.
Residential accessory structures;
e.
Single-family dwellings, dwellings which are proposed as part of
a project within a PD zone, or where otherwise required by this Zoning
Code;
f.
Solar panels, and integral parts of the solar panel system including
supporting posts or poles, not including proposed new structures,
such as a carport or other similar structures proposed in conjunction
with the solar panel system. If proposed solar panels would have the
possibility of creating a life or safety issue, such as excessive
glare to local residences, sensitive facilities (airport) or water
resources, the solar panels shall require a Minor Use Permit or Conditional
Use Permit depending on the severity of the issues; and
g.
Activities subject to a Temporary Use Permit.
2.
City projects. The DRB shall review each Building Permit application for a development project by any City agency or department, for which review is required by Subsection B (Applicability), above. Notwith-standing other provisions of this section, the review shall be for the purposes of providing advice to the Council, Redevelopment Agency or its Successor Agency, or Housing Authority, respectively.
C.
Review
authority. Table 5-2 identifies the review authority and notice requirements
for Design Review.
|
TABLE 5-2—DESIGN REVIEW AUTHORITY AND NOTICE REQUIREMENTS
| ||||
|---|---|---|---|---|
|
Type of Application
|
Review Authority
|
Notice Requirements
| ||
|
Director
|
Zoning Administrator
|
DRB
|
Design Review
| |
|
Projects that involve only minor exterior modifications and
are not within an historic district. Examples include the addition
or modification of awnings, doors and/or windows, rooftop equipment
that cannot be seen from the street, ADA improvements associated with
tenant improvements, "cool roof" material changes, outdoor dining
areas for restaurants within commercial or industrial zoning districts,
and other similar minor changes as determined by the Director of Planning
and Economic Development. Projects that involve more extensive exterior
modifications but that are not readily visible from offsite may also
be considered by the Director of Planning and Economic Development.
|
▪
|
|
|
None
|
|
Projects that involve up to 10,000 square feet in total floor
area and projects that include significant exterior changes to existing
buildings and the construction of new structures. Also included are
new minor telecommunication facilities, and the new construction or
major remodel of automobile dealerships on sites zoned for vehicle
sales regardless of total floor area.
|
|
▪
|
|
Public Meeting Notice
Notice of Action (see Section 20-66.060)
|
|
Projects that involve 10,000 square feet or more in total floor
area and major telecommunication facilities. (1) (2)
|
|
|
▪
|
Public Hearing Notice
Notice of Action (see Section 20-66.060)
|
|
Sign applications, including Sign Programs for multi-tenant
projects.
|
▪
|
|
|
Notice of Action (see Section 20-66.060)
|
|
Notes:
| ||
|---|---|---|
|
(1)
|
Visually sensitive locations and projects include the following.
| |
|
|
a.
|
Sites within the CMU (Core Mixed Use) zoning district, -G (Gateway),-H
(Historic), or -SR (Scenic Resources) combining districts;
|
|
|
b.
|
Hillside sites, infill sites, and major intersections;
|
|
|
c.
|
Multi-family residential projects of 50 units or more, any three-story
residential project, or an industrial or commercial project adjacent
to residential; or
|
|
|
d.
|
Other project that the Director determines may have significant
visual impact.
|
|
(2)
|
Each project in an identified visually sensitive area shall require a visual analysis in compliance with Section 20-50.100 (Visual analysis).
| |
D.
Design
Review process. The stages of Design Review established by this chapter
are as follows:
1.
Conceptual Design Review. Conceptual Design Review is highly advised and provides the applicant with the review authority's tentative reaction to the general design concept of a proposed project. The review shall not include a formal decision on the application by the review authority. This review is optional, except within an -H combining district (see Section 20-58.060).
E.
Application requirements. An application for Design Review approval shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Design Review approval applications. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection J (Findings and decision), below.
F.
Project
review. The review authority shall consider the location, design,
site plan configuration, and the overall effect of the proposed project
upon surrounding properties and the City in general. Review shall
be conducted by comparing the proposed project to the General Plan,
any applicable specific plan, applicable Zoning Code standards and
requirements, consistency of the project with the City's Design Guidelines,
architectural criteria for special areas, and other applicable City
requirements (e.g., City policy statements and development plans).
G.
Review
with other entitlements. Final Design Review approval for projects
that also require the approval of a discretionary permit (e.g., Conditional
Use Permit, Variance, etc.) shall be acted upon following land use
approval by the review authority in compliance with Table 5-1 (Review
Authority).
H.
Public
notice and hearing.
1.
Major Design Review—Public notice and hearing required. The Board shall conduct a public hearing on an application for Design Review before a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings). The review authority may approve, approve with conditions, or disapprove a Design Review application based on the findings required by subsection I (Findings and decision), below.
2.
Minor Design Review—Public notice required. Before a decision on a Minor Design Review, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a.
Public notice. The notice shall state that the Zoning Administrator
will decide whether to approve or disapprove the Minor Design Review
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.
I.
Findings
and decision. Design Review approval shall require that the review
authority first find all of the following:
1.
The
design and layout of the proposed development is of superior quality,
and is consistent with the General Plan, any applicable specific plan,
applicable Zoning Code standards and requirements, the City's Design
Guidelines, architectural criteria for special areas, and other applicable
City requirements (e.g., City policy statements and development plans);
2.
The design is appropriate for the use and location of the proposed development and achieves the goals, review criteria and findings for approval as set forth in the framework of Design Review (Design Guidelines, Introduction, subsection C);
3.
The
design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments;
4.
The
architectural design of the proposed development is compatible with
the character of the surrounding neighborhood;
5.
The
design of the proposed development will provide a desirable environment
for its occupants, visiting public, and its neighbors through the
appropriate use of materials, texture, and color, and would remain
aesthetically appealing and be appropriately maintained;
6.
The
proposed development will not be detrimental to the public health,
safety, or welfare or materially injurious to the properties or improvements
in the vicinity; and
7.
The
proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA).
J.
Time
limit on approval. Design Review approvals shall be granted for the
same period of time as other discretionary permit approvals, but in
no case for more than a 24-month period.
1.
If
construction in compliance with the Design Review approval has not
been commenced within the approval period, the approval shall expire
and be deemed automatically void.
2.
Upon
request of the applicant, an extension of time may be granted by the
same review authority which originally granted the Design Review approval.
3.
The
extension shall not exceed 24 additional months.
K.
Modifications. Upon request of the applicant, the review authority may authorize modifications of any application previously approved by the review authority in compliance with Section 20-54.060 (Changes to an Approved Project).
L.
Installation
of landscaping and irrigation.
1.
Before
issuance of a Building Permit for the subject project, final landscape
and irrigation plans, where required, shall be approved by the Director
as being consistent with the Final Design Review decision on the project.
2.
The landscape materials and irrigation equipment shown in the approved final landscape and irrigation plans shall be installed before final building inspection except where the Director has approved an extension of time for completion and has obtained from the applicant an agreement and adequate security, in compliance with Section 20-54.040 (Performance Guarantees).
M.
Conditions of approval. In granting Design Review approval, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the project would comply with the findings required by Subsection I (Findings and decision), above.
N.
Post approval procedures. The procedures relating to appeals, project changes, issuance of a Building Permit, performance guarantees, and revocation in Division 6 (Zoning Code Administration), and those in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following Design Review approval.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3933 § 2, 2010; Ord. 3968 § 17, 2011; Ord. 3995 §§ 11, 12, 2012; Ord. 4026 § 4, 2014; Ord.
2019-003 § 4; Ord. 2020-014 § 30; Ord. 2021-012 §
39)
A.
Purpose.
This section establishes procedures for the granting of ministerial
Temporary Use Permits for short-term activities.
B.
Applicability. A Temporary Use Permit allows the short-term activities listed in Subsection D (Allowed temporary activities), below 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. Temporary Use Permits are not subject to Design Review in compliance with Section 20-52.030.
C.
Exempt temporary activities. The following allowed temporary activities are exempt from the requirement for a Temporary Use Permit. Activities that do not fall within the categories defined below shall comply with Subsection D (Allowed temporary activities).
1.
Construction
yards—On-site. On-site contractors' storage yards of less than
one acre, including a work trailer, in conjunction with an approved
construction project. The contractor's storage yard shall be removed
immediately upon completion of the construction project, or the expiration
of the companion 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.
Location
filming. The temporary use of a specific site for the location filming
of commercials, movies, videos, etc., as approved by the Director
of Transportation and Parking.
4.
Garage
sales. The sale of personal goods which are owned by the household
residing on a residentially zoned property for up to three consecutive
days and three times within a 12-month period.
5.
Public
property. Activities conducted on public property that are approved
by the Council.
D.
Allowed
temporary activities. The following temporary activities may be allowed
within the specified time limits, but in no case for more than 12
months, subject to the issuance of a Temporary Use Permit by the Director.
Other temporary or short-term activities that do not fall within the
categories defined below shall instead comply with the land use permit
requirements and development standards that otherwise apply to the
property.
1.
Car
washes. Car washes conducted by a qualifying sponsoring organization
on nonresidential properties. Sponsorship shall be limited to educational,
fraternal, religious, or service organizations directly engaged in
civic or charitable efforts, or to tax exempt organizations in compliance
with 501(c) of the Federal Internal Revenue Code.
2.
Construction
yards—Off-site. Off-site contractors' construction yards, including
a work trailer in conjunction with an approved construction project.
The permit shall expire and the construction yard shall be removed
immediately upon completion of the construction project, or the expiration
of the companion Building Permit, authorizing the construction project,
whichever first occurs.
3.
Events.
Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmers'
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 two-day weekends, within a 12-month
period, when conducted on non-residential properties.
4.
Outdoor displays and sales. The temporary outdoor display and sales of merchandise, in compliance with Section 20-42.110 (Outdoor Display and Sales) when conducted on non-residential properties.
5.
Seasonal
sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving,
Christmas, etc.) including temporary residence/security trailers,
on non-residential properties, for up to 30 days and four times within
a 12-month period.
6.
Temporary
auto sales. The temporary outdoor sales of motorized vehicles may
occur on any paved site within a CG, CV or CSC zone for a period of
three consecutive days every three months not to exceed 12 days in
a calendar year. The temporary sale may be set up one day prior to
the three-day sale and taken down one day following the sale.
7.
Temporary
parking lots. Temporary, unpaved parking facilities are allowed subject
to the following conditions:
a.
The temporary parking facility must be located on the same parcel
or contiguous parcel as the principal use, and have access only through
the principal use.
b.
The temporary parking facility may be located on a noncontiguous
parcel when it serves certain public, semi-public, or educational
land uses.
c.
The Temporary Use Permit may be granted for an initial period not
to exceed three years, with a possible one-year extension.
d.
In reviewing the Temporary Use Permit, the review authority may attach
conditions for fencing, drainage, dust control and other items as
necessary to assure compatibility with surrounding uses and minimize
potential adverse effects.
8.
Temporary
real estate sales offices. A temporary real estate sales office may
be established within the area of an approved development project,
solely for the first sale of homes. An application for a temporary
real estate office may be approved for a maximum of 12 months from
the date of approval.
9.
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.
10.
Temporary work trailers. A trailer or mobile home used as a temporary
work site for employees of a business:
a.
During construction or remodeling of a permanent commercial or manufacturing
structure for a maximum of 12 months, or upon expiration of the Building
Permit, whichever first occurs; or
b.
Upon demonstration by the applicant that the temporary work site
is a short-term necessity for a maximum of 12 months, while a permanent
work site is being obtained.
11.
Similar temporary activities. Similar temporary activities that the
Director determines are compatible with the zoning district and surrounding
land uses."
E.
Application requirements. An application for a Temporary Use Permit shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Temporary Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G (Findings and decision), below.
F.
Development
criteria. The Director shall consider the following criteria based
on the type and duration of the proposed temporary activity, using
the requirements of the applicable zoning district and Division 3
(Site Planning and General Development Standards) for guidance:
1.
Floor
areas, heights, landscaping, off-street parking, setbacks, signs,
and other structure and property development 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 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.
Findings
and decision. A Temporary Use Permit may be approved by the Director
only after the Director first finds that the requested activity complies
with applicable standards, and 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.
H.
Post
approval procedures. The procedures relating to appeals, performance
guarantees, and revocation in Division 6 (Zoning Code Administration)
shall apply following the approval of a Temporary Use 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 Code. A performance security in a form and amount acceptable
to the Director 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 Temporary
Use 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
Temporary Use Permit.
3.
Extensions of Temporary Use Permits prohibited. The term of a Temporary Use Permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Subsection D (Allowed temporary activities) shall file for a Conditional Use Permit, rather than a Temporary Use Permit, in compliance with Section 20-52.050.
4.
Required
lapse of time for Temporary Use Permits. Except for seasonal sales
lots, a minimum of 30 days shall pass between the expiration of a
Temporary Use Permit and the issuance of a new and similar Temporary
Use Permit the for the same property, or the actual removal of the
materials and structures associated with the former activity, whichever
last occurs.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 3848 § 1, 2007)
A.
Purpose.
Conditional Use Permits and Minor Conditional Use Permits provide
a process for reviewing land use activities that may be desirable
in the applicable zoning district, but whose effect on the site and
surroundings cannot be determined before being proposed for a particular
location.
B.
Applicability.
1.
When
required. A Conditional Use Permit or Minor Conditional Use Permit
is required to authorize proposed land uses identified by Division
2 (Zoning Districts and Allowable Land Uses) as being allowable in
the applicable zoning district subject to the approval of a Conditional
Use Permit or Minor Conditional Use Permit.
2.
Scope
of review. The review of a Conditional Use Permit or Minor Conditional
Use Permit application shall include all other land use activities
occurring on the subject parcel.
C.
Review
authority.
D.
Application requirements. An application for a Conditional Use Permit or Minor Conditional Use Permit shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Conditional Use Permit or Minor Conditional Use Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F (Findings and decision), below.
E.
Project
notice and hearing.
1.
Conditional Use Permits—Public notice and hearing required. The Commission shall conduct a public hearing on an application for a Conditional 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 20-66 (Public Hearings).
2.
Minor Conditional Use Permits—Public notice required. Before a decision on a Minor Conditional Use Permit, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a.
Public notice. The notice shall state that the Zoning Administrator
will decide whether to approve or disapprove the Minor Conditional
Use 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.
F.
Findings
and decision. The review authority may approve or deny an application
for Conditional Use Permit or Minor Conditional Use Permit approval.
The review authority shall record the decision and the findings on
which the decision is based. The review authority may approve a Conditional
Use Permit or Minor Conditional 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 Code
and the City 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 would be 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;
5.
Granting
the permit would not constitute a nuisance or be injurious or detrimental
to the public interest, health, safety, convenience, or welfare, or
materially injurious to persons, property, or improvements in the
vicinity and zoning district in which the property is located; and
6.
The
proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA).
G.
Issuance
and duration.
1.
Issuance
of the permit. Upon the approval of an application, the review authority
shall authorize the issuance of a Conditional Use Permit or Minor
Conditional Use Permit, with or without conditions, and one copy of
which shall be forwarded to:
2.
Duration.
Conditional Use Permits and Minor Conditional Use Permits shall be
in effect for the duration of the use, or for a time periods specified
in the conditions of approval, or until the time a revocation of the
permit is effectuated.
H.
Conditions of approval. In approving a Conditional Use Permit or Minor Conditional Use Permit, the review authority may impose any conditions (e.g., buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.) deemed reasonable and necessary to ensure that the approval would comply with the findings required by Subsection G (Findings and decision), above.
I.
Post approval procedures. The procedures relating to appeals, performance guarantees, and revocation in Division 6 (Zoning Code Administration), in addition to those in Chapter 20-54 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Conditional Use Permit or Minor Conditional Use Permit application.
(Ord. 3677 § 1, 2004)
A.
Purpose.
This Section allows Variances from the development standards of this
Zoning Code only when, because of special circumstances applicable
to the property, including location, shape, size, surroundings, topography,
or other conditions, 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.
Intent.
The intent of the Section is to allow relief, in certain situations,
from the strict application of the regulations identified within this
Zoning Code only by reason of:
C.
Applicability.
1.
Allowable
Minor Adjustments.
a.
Minor Adjustments provide a simplified procedure for City review and decision on requests that propose only a very minor modification of applicable Zoning Code standards, and only when pertaining to existing structures and not the construction of new structures. The Minor Adjustments are subject to the special findings identified in Subsection G (Findings and decision), below.
b.
An application for a Minor Adjustment shall be considered by the
Director governing only the development standards identified in the
following Table 5-3.
|
TABLE 5-3—SCOPE OF MINOR ADJUSTMENTS
| |
|---|---|
|
Types of Minor Adjustments Allowed
|
Maximum Adjustment
|
|
1. Parking. A decrease in the required number and
design of parking aisles and spaces.
|
25 percent
|
|
2. Projections. An increase in the allowable projection
of canopies, cornices, eaves, fireplaces, landings, masonry chimneys,
overhangs, raised porches, stairways, and steps into a required setback
area.
|
25 percent
|
|
3. Setback areas. A decrease in a required setback,
but no closer to the property line than the average of the developed
lots on the same block face, and so that no projection into a public
utility easement is allowed.
|
25 percent
|
|
4. Structure height. An increase in the maximum
allowable structure height.
|
10 percent
|
2.
Allowable
Minor Variances.
a.
Minor Variances provide a simplified procedure for City review and decision on Variance requests that propose only a minor modification of applicable Zoning Code standards when the limitations established by the Minor Variance are otherwise subject to the same findings required for all Variances. (See Subsection G.)
b.
An application for a Minor Variance shall be considered by the Zoning
Administrator governing only the development standards identified
in the following Table, 5-4.
|
TABLE 5-4—SCOPE OF MINOR VARIANCES
| |
|---|---|
|
Types of Minor Variances Allowed
|
Maximum Adjustment
|
|
1. Projections. An increase in the allowable projection
of canopies, cornices, eaves, fireplaces, landings, masonry chimneys,
overhangs, raised porches, stairways, and steps into a required setback
area, but no closer to any property line than allowed by the Uniform
Building Code.
|
25 percent
|
|
2. Setback areas. A decrease in a required setback,
but no closer to the property line than the average of the developed
lots on the same block face, and so that no projection into a public
utility easement is allowed.
|
25 percent
|
|
3. Structure height. An increase in the maximum
allowable structure height.
|
10 percent
|
|
4. Required Variance. A request which exceeds the limitations identified in this subsection shall require the filing of a Variance application in compliance with Subsection 3 (Allowable Sign Variances), below.
| |
3.
Allowable
Sign Variances. Sign Variances are intended to provide greater flexibility
in the application of sign regulations to address varied needs and
unusual circumstances of certain commercial uses and businesses in
the City. A Sign Variance is similar to a Variance, except that a
Sign Variance has different findings as shown in the Zoning Code.
a.
Sign Variances provide a procedure for City review and decision on
Sign Variance requests that propose an alternative to applicable Zoning
Code standards.
4.
Allowable
Variances. The Commission may grant an adjustment from the requirements
of this Zoning Code governing only the following development standards:
a.
Development standards. Any development standard identified in Subsection
C.1 (Minor Variances), above where the requested adjustment exceeds
the maximum limits for a Minor Variance;
b.
Dimensional standards. Dimensional standards including distance-separation
requirements, fence and wall requirements, landscape and paving requirements,
lighting, loading spaces, parcel area, parcel dimensions, parking
areas, open space, setbacks, structure heights, etc.;
c.
Numerical standards. Number of off-street parking spaces, loading
spaces, landscaping, etc.;
d.
Other. Other standards including operational or performance standards
relating to dust, glare, hours of operation, landscaping, light, noise,
number of employees, etc.
D.
Review
authority. Minor Adjustments, Minor Variances, Sign Variances and
Variances may be granted, with or without conditions, only in compliance
with the following:
1.
Minor
Adjustments. The Director may grant Minor Adjustments, or may defer
action and refer the application to the Commission, in compliance
with Subsection C.1 (Allowable Minor Adjustments), above;
2.
Minor
Variances. The Zoning Administrator may grant Minor Variances, or
may defer action and refer the application to the Commission, in compliance
with Subsection C.2 (Allowable Minor Variances), above;
3.
Sign
Variances. The Zoning Administrator may grant Sign Variances, or may
defer action and refer the application to the Design Review Board,
in compliance with Subsection C.3 (Allowable Sign Variances), above;
and
4.
Variances.
The Commission may grant Variances in compliance with Subsection C.3
(Allowable Variances), above.
E.
Application requirements. An application for a Minor Adjustment, Minor Variance, Sign Variance and Variance shall be filed in compliance with Chapter 20-50 (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 applicable findings required by Subsection G (Findings and decision), below.
F.
Project
notice and hearing.
1.
Major Variance. A public hearing shall be scheduled once the Director has determined the Variance application complete. The Planning Commission shall conduct a public hearing on an application for a Variance before the approval or denial of the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2.
Minor Variance and/or Sign Variance. Public notice required. Before a decision on a Minor Variance and/or Sign Variance, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings).
a.
Public notice. The notice shall state that the Zoning Administrator
will decide whether to approve or disapprove the Minor Variance and/or
Sign Variance 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.
G.
Findings
and decision.
1.
Special
findings for Minor Adjustments. The review authority may approve a
Minor Adjustment, with or without conditions, only after first making
all of the following findings.
a.
The Minor Adjustment is necessary because the subject structure was
legal when it was originally constructed, but changes in this Zoning
Code or the applicable zoning district development standards caused
the structure to become legal nonconforming.
b.
Granting the Minor Adjustment for the subject structure would not
pose a serious hazard to the public health or safety of persons residing
on or adjacent to the subject parcel.
c.
The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA).
2.
Findings
for Sign Variances. The Review authority may approve a Sign Variance,
with or without conditions, only after making all of the following
findings.
a.
Strict compliance would preclude an effective design solution improving
sign functionality, operational efficiency or appearance.
b.
Strict compliance would preclude an effective design solution fulfilling
the basic intent of the applicable regulations.
c.
The variance will not constitute a grant of special privilege inconsistent
with limitations imposed on similarly zoned properties or inconsistent
with the purposes of the zoning regulations.
d.
The proposed sign is architecturally and aesthetically compatible
with the major structures on the subject site, and adjacent sites and is
compatible with the character of the established neighborhood and
general environment.
e.
The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA).
3.
Findings
for Minor Variances and Variances. The review authority may approve
a Minor Variance or Variance, with or without conditions, only after
first making all of the following findings.
a.
There are special circumstances applicable to the property (e.g.,
location, shape, size, surroundings, topography, or other conditions),
so that 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 or creates an unnecessary and
non-self created hardship or unreasonable regulation which makes it
obviously impractical to require compliance with the applicable development
standards.
b.
A non-self created hardship peculiar to the subject property does
exist by reason of the conditions, and that these conditions are not
common to all or most of the properties in the immediate area which
are also within the identical zoning district. In this context, personal,
family, or financial difficulties, loss of prospective profits, and
existing zoning violations, or legal nonconforming uses or structures
existing on neighboring properties shall not be deemed hardships justifying
a Variance.
c.
Granting the Variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other properties in the
vicinity which are within the identical zoning district as the subject
property, and that a Variance, if granted, would not constitute a
special privilege to the subject property which is not held or enjoyed
by neighboring properties within the identical zoning district.
d.
The Variance would not be of substantial detriment to adjacent properties
and would not be in conflict with the purposes and intent of this
Zoning Code, the General Plan, any applicable specific plan, or the
public interest or welfare.
e.
The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA).
H.
Precedent.
The granting of a prior Variance shall not set a precedent for the
granting of a further Variance, and each application shall be considered
only on its individual merits.
I.
Recurrent
conditions. A Variance shall not be granted if the review authority
finds that the condition of the specific piece of property for which
a Variance is sought, is so general or recurrent in the area as to
make practicable the formulation and adoption of a general regulation
(e.g., a Zoning Code amendment) to address and provide for the prevailing
condition.
J.
Conditions of approval. In approving a Minor Adjustment, Minor Variance, or Variance, the review authority may impose any conditions (e.g., buffers, landscaping and maintenance, performance guarantees, screening, etc.) deemed reasonable and necessary to ensure that the approval would comply with the applicable findings required by Subsection G (Findings and decision), above and that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1, 2005; Ord. 4028 § 3, 2014)
