Chapter 8 — Permits and Procedures

DC 8.1.1 Permit Types

DC 8.1.2 Application Completeness

No permit application shall be accepted for processing until all required materials and fees are submitted. The Planning Director shall determine whether an application is complete within thirty (30) calendar days of receipt. An incomplete application shall be returned to the applicant with a written list of missing items. The Permit Streamlining Act (Government Code §§ 65920–65963.1) time limits begin upon determination of completeness.

DC 8.2.1 Purpose

A Zoning Clearance is a ministerial verification that a proposed use or development complies with the objective standards of this Code. No discretion is exercised in issuing a Zoning Clearance. Zoning Clearances are required prior to issuance of a business license for a new or relocated business, and for building permits for uses that are permitted by right in the applicable zoning district.

DC 8.3.1 Purpose

Design review ensures that the physical design of development projects is compatible with the built and natural environment of McLainberg, consistent with the General Plan and applicable design guidelines. Design review is not intended to substitute subjective aesthetic preferences for objective standards, but to apply the objective design guidelines adopted by the City.

DC 8.3.2 When Required

Design review is required for: (a) new commercial, industrial, and multi-family residential buildings; (b) additions exceeding twenty-five percent (25%) of the square footage of existing commercial or multi-family buildings; (c) any exterior alteration to a structure within the Historic District Overlay; (d) new single-family dwellings in hillside areas. Single-family residential additions not in hillside areas are subject to administrative design review by the Planning Director only.

DC 8.3.3 Design Guidelines

Design review shall apply the following adopted design guidelines as applicable: (a) McLainberg Commercial Design Guidelines; (b) McLainberg Multi-Family Design Guidelines; (c) Historic Downtown Design Guidelines; (d) Hillside Design Guidelines. Copies of all adopted design guidelines are available from the Community Development Department and on the City's website.

DC 8.4.1 Purpose

Conditional Use Permits (CUPs) allow land uses that are potentially compatible with the zoning district but whose impacts on surrounding properties depend on individual site characteristics and operating conditions. CUPs allow the decision-making authority to impose conditions tailored to minimize impacts and ensure compatibility.

DC 8.4.2 Required Findings

A CUP shall not be granted unless the decision-making authority makes all of the following findings:

1. The proposed use is consistent with the General Plan and this Development Code;
2. The proposed use will not be detrimental to the public health, safety, and general welfare of persons residing or working in the neighborhood;
3. The proposed use will not be detrimental to property values or the general character of the neighborhood;
4. The site is physically adequate for the proposed use;
5. The conditions of approval are adequate to ensure compatibility with the surrounding area.

DC 8.4.3 Conditions of Approval

CUPs shall be conditioned as necessary to ensure compliance with the required findings. Conditions shall be reasonably related to the impacts of the proposed use and shall be proportional in scope and intensity. CUPs run with the land and shall not be transferred when the business operator changes unless the new operator applies for and receives City approval.

DC 8.5.1 Purpose

A Variance allows the Planning Commission to grant relief from the development standards of this Code when strict application of the standards would deprive a property owner of privileges enjoyed by similarly situated owners, due to unique physical characteristics of the property. Variances shall not be granted to accommodate a use that is not otherwise allowed in the district, or to grant relief from density limitations.

DC 8.5.2 Required Findings

A Variance shall not be granted unless all of the following findings are made:

1. There are special circumstances applicable to the property (size, shape, topography, location, or surroundings) that do not apply generally to properties in the same zoning district;
2. The special circumstances deprive the property of privileges enjoyed by other properties in the same zoning district;
3. Granting the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties;
4. The granting of the Variance will not be materially detrimental to adjacent properties or the public welfare;
5. The granting of the Variance is consistent with the General Plan.

DC 8.7.1 Permit Streamlining Act Compliance

The City shall comply with all requirements of the Permit Streamlining Act (Government Code §§ 65920–65963.1) for all discretionary project approvals. Where the Permit Streamlining Act requires a decision within a specified period and the City fails to act, the project shall be deemed approved unless the applicant has consented to a time extension.

DC 8.7.2 SB 35 Streamlined Ministerial Approval

Qualifying multi-family housing projects meeting the eligibility criteria of Government Code § 65913.4 are entitled to streamlined ministerial approval without discretionary review or a public hearing. Eligibility is determined by the Planning Director at the time of application. Streamlined projects shall be approved within sixty (60) days of complete application (projects with 150 or fewer units) or ninety (90) days (projects with more than 150 units).