Guadalupe City Zoning Code
CHAPTER 18
72 CONDITIONAL/ADMINISTRATIVE USE PERMITS AND VARIANCES
§ 18.72.010 Applicability.
Uses permitted subject to conditional use permit are those uses necessary for the development of the community, having inherent qualities or characteristics which, unless provided for, would cause such uses to be incompatible or inharmonious with adjacent or nearby permitted uses.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
§ 18.72.020 Application-Information required.
The applicant shall submit an application that meets the requirements of the City's planning application packet, but at a minimum, consisting of the following:
A.
A completed planning application form, including a written project description discussing all existing and proposed structures and uses.
B.
The required application deposit.
C.
Four plan sets, including a site plan, floor plans, a roof plan, and complete set of elevations.
D.
Landscape plans, if applicable and deemed necessary by planning staff.
E.
Site photos including photos from any street frontage.
F.
One set of mailing labels with the addresses of property owners within a 300-foot radius of the subject property, and adequate first-class postage for a single mailing to these recipients.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
§ 18.72.030 Application deposit.
A deposit set by a resolution shall accompany the application. Conditional use permits issued for a specified period of time may be extended for an additional period of time without additional deposit.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
§ 18.72.040 Procedure.
The procedure for requesting and obtaining a conditional use permit is as follows:
A.
The applicant fills out a permit application for conditional use and submits the required application deposit.
B.
Staff reviews the application materials, conducts a preliminary review of the project's compliance with zoning code requirements, and determines if the application is complete for processing or if additional materials are needed. If the application is deemed incomplete for processing, an incomplete letter shall be transmitted no later than 30 days after receiving the application materials.
C.
Once application is complete, staff prepares a staff report and resolution which contains findings and conditions of approval. The project is then placed on the agenda for the next available City Council meeting. Plan sets associated with the request would be included in each Councilmember's packet for review prior to the meeting.
D.
During the City Council's consideration of the request, the applicant and their architect or agent would present the project and field any questions from the Council. If the design is acceptable as proposed or with minor changes or revisions that are of the nature that they could be verified by staff without the need for returning to the Council, the conditional use permit may be approved or conditionally approved. If more substantive revisions are deemed necessary, the Council's comments at the meeting shall be conveyed to the applicant, who would then have the responsibility for addressing these comments through the preparation of revised plans and reconsideration at a future Council hearing.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
§ 18.72.050 Components of review.
The City Council shall consider the following design components when considering an application for a conditional use permit:
A.
Overall design of new or enlarged structures and the architectural style.
B.
Physical and design relation with existing and proposed structures on the same site and in the immediately affected surrounding area.
C.
Site layout, orientation, and location of buildings, and relationship with open areas and topography.
D.
Colors, types, and variation of building materials.
E.
Height, bulk, scale and area coverage of buildings and structures and other site improvements.
F.
Potential interference with existing scenic views.
G.
Height, materials, colors, and variations in boundary walls, fences, or screen planting.
H.
Location and type of existing and proposed landscaping.
I.
Reduction or elimination of on-site parking within the MIX zone district, only after the Director makes Finding N (Section 18.73.100(N)).
(Ord. 2023-509 §4)
§ 18.72.060 Notice to adjacent properties.
A.
For all conditional use permits, notice of a pending conditional use permit application shall be mailed to adjacent property owners within a 300-foot radius of the proposed development. Notices shall be mailed out at least 10 calendar days in advance of the meeting at which the City Council will consider the conditional use permit. Minor design review permit applications shall not require mailed notices to be sent.
B.
For conditional use permits, at least 10 calendar days prior to the meeting at which the City Council will consider the conditional use permit, at least 3 notices of the pending application shall be posted in a publicly accessible location on City property, with such notice maintained on site until the day after the City Council meeting.
(Ord. 2023-509 §4)
§ 18.72.070 Decision maker.
Conditional use permits will be considered by the City Council. The Council may approve, conditionally approve, or deny a Conditional Use Permit.
(Ord. 2023-509 §4)
§ 18.72.080 Public hearing-City Council findings.
A.
After the conclusion of the public hearing comment period for the project, the City Council shall determine whether or not the establishment, maintenance or operation of the use which is applied for will be consistent with the findings below:
1.
The project or use shall be consistent with applicable provisions of the General Plan and zoning ordinance.
2.
The project or use shall not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.
3.
Should the zoning ordinance require both a CUP and design review, Section 18.73.030(A) states that only the CUP shall be processed by the City Council. However, in such cases, the findings for design review (Section 18.73.100) shall be required as part of the CUP approval process.
B.
If the Council can make the findings above, it may grant the conditional use permit.
(Ord. 189 Art. 5 §2, 1980; Ord. 2023-509 §4)
§ 18.72.090 Appeals of final action of City Council.
The City Council's decision concerning any matter it considers under this title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.
(Ord. 2023-509 §4)
§ 18.72.100 Similar use and slight modification.
Uses which the Planning Director determines to be similar to the permitted uses in each district and which fall within the intent and purpose of the district, and that will not be obnoxious or detrimental to the public welfare, and compatible with adjoining land uses, and which are of a comparable nature and of the same classes as the uses enumerated for said district, shall be allowed as permitted uses therein. The Planning Director may also consider and render decisions on matters of slight modification and minor adjustment deemed necessary in connection with the efficient administration of this title. Whenever the lawfulness of such a determination is called in question in any manner, the same shall be submitted to the City Attorney whose decision shall be determinative.
(Ord. 2023-509 §4)
§ 18.72.110 Variance application-Contents and deposit.
A.
Applications for a variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners on a form provided online or by the Planning Department. The application shall include a plot plan drawn to scale, showing property involved and improvements, dimensions, other structures within 50 feet of property lines, the details of the variance requested, site photos, and evidence that the findings in Section 18.72.080 can be made.
B.
A deposit as set by resolution shall accompany the application.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)
§ 18.72.120 Certain uses not allowed.
The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this title.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)
§ 18.72.130 Procedure.
A variance shall be processed in the same manner as a conditional use permit as identified in Section 18.72.040.
(Ord. 2023-509 §4)
§ 18.72.140 Notice to adjacent properties.
A.
For all variance applications, notice of a pending application shall be mailed to adjacent property owners within a 300-foot radius of the proposed development. Notices shall be mailed out at least 10 calendar days in advance of the meeting at which the City Council will consider the variance.
B.
At least 10 calendar days prior to the meeting at which the City Council will consider the variance, at least 3 notices of the pending application shall be posted in a publicly accessible location on City property, with such notice maintained on site until the day after the City Council meeting.
(Ord. 2023-509 §4)
§ 18.72.150 Public hearing-City Council recommendations.
Variances will be considered by the City Council. The Council may approve, conditionally approve, or deny a variance.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)
§ 18.72.160 Required findings.
Applications for variances from the strict application of the terms of this title may be made, and variances granted, when the following circumstances are found to apply:
A.
That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated;
B.
That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;
C.
The granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare; and
D.
Due to special conditions or exceptional characteristics of the property, or its location, the strict application of this title would result in difficulties and unnecessary hardship.
(Ord. 189 Art. 5 §3, 1980; Ord. 2023-509 §4)
§ 18.72.170 Appeals of final action of City Council.
The City Council's decision concerning any matter it considers under this title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.
(Ord. 2023-509 §4)
§ 18.72.180 Time of issuance-Effective date.
No conditional use permit or granting of a variance shall have any force or effect until the applicant thereof actually receives such permit designating the conditions of its issue thereon, and signed by the secretary of the Planning Commission or City Clerk. No permit shall be issued until the time for filing an appeal from the decisions of the City Council has expired. Prior to issuance of a zoning clearance, the applicant shall have signed and returned to the City, an agreement to comply with conditions of approval.
(Ord. 189 Art. 5 §4, 1980; Ord. 2023-509 §4)
§ 18.72.190 Expiration date.
Any conditional use permit or variance granted in accordance with the terms of this title shall expire if not initiated within one year from the date of the approval thereof, or within any shorter or longer period of time if so designated by the City Council, unless the applicant applies for and obtains an extension from the City Council. Initiation of a conditional use permit or variance may be accomplished by obtaining issuance of building and/or grading permits. For any conditional use permit or variance that is timely initiated, it shall expire within one year if there have been no inspections for issued building and/or grading permits. The City Council shall hold a hearing to confirm the expiration of the conditional use permit of variance to allow the applicant an opportunity to show cause why the conditional use permit or variance should not be expired. The City Council has the discretion to extend any conditional use permit or variance and may impose additional conditions for doing so.
(Ord. 189 Art. 5 §4, 1980; Ord. 2023-509 §4)
§ 18.72.200 Revocation conditions.
Any conditional use permit or variance granted in accordance with the terms of this title may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated.
(Ord. 189 Art. 5 §4, 1980; Ord. 2023-509 §4)
§ 18.72.210 Appeal of final action of City Council.
The City Council's decision concerning any matter it considers under this title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.
(Ord. 2023-509 §4)
§ 18.72.220 Time extension.
The City Council may grant up to 2 one-year extensions for good cause. A request for an extension shall be made in writing with appropriate fees and filed sufficiently in advance of the expiration date to allow the request to be considered at a regular meeting of the City Council.
(Ord. 2023-509 §4)
§ 18.72.230 Issuance conditions.
Administrative use permits (AUP) when required or allowed by this code shall be issued only if the findings identified in Section 18.72.160 can be made. The Planning Director or designee shall impose such conditions as deemed necessary to serve the purposes of this title, and may require tangible guarantees or evidence that such conditions are being or will be complied with.
(Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)
§ 18.72.240 Application-Property owner(s).
Application for an AUP shall be made in writing by the property owner(s).
(Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)
§ 18.72.250 Application fee.
A fee shall be required to process an AUP in an amount established by resolution of the City Council and updated from time to time.
(Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)
§ 18.72.260 Application-Director determination.
Upon receipt of the application for an administrative use permit and payment of the application deposit, the Planning Director or designee shall evaluate the request and determine if the findings listed in Section 18.72.160 can be made to approve the request.
(Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)
§ 18.72.270 Findings for approval.
In order to approve an administrative use permit, the Planning Director or designee shall make specific findings that granting the administrative use permit will not be detrimental to public health and safety, introduce unreasonable adverse impacts to the immediate neighbors, and would not overburden sewer and water services, or overburden traffic flow or parking.
(Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)
§ 18.72.280 Administrative hearing.
Prior to issuing an administrative use permit under this chapter, the Planning Director or designee shall cause an administrative hearing to be noticed and held in the following manner:
A.
Notice of Hearing. Notice of a public hearing shall contain the information required by Government Code Section 65094 and any additional information the Director deems appropriate. In addition, the notice shall declare that the application for the administrative use permit will be acted on without a public hearing if no request for a hearing is made.
B.
Method of Notice/Distribution. Notice of public hearings shall be given as provided by Government Code Section 65091.
C.
Public Hearing. A public hearing on an administrative 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 Planning Director or designee no later than 7 days after the date of the public notice. In the event a public hearing is requested, the hearing on the administrative use permit shall be held on the date and time as defined in the public notice. At the request of the project applicant and/or at the discretion of the Planning Director or designee, a public hearing may be continued from time to time, but notice of the further hearings may be required to be provided again in the same manner as provided by subsection A. All costs associated with noticing shall be borne by the property owner.
D.
Conduct of Hearing. At the public hearing, interested persons may present information and testimony relevant to a decision on the proposed AUP.
E.
Final Decision. 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 A, the Planning Director or designee shall announce the final decision, continue the decision to a future date, or announce that the matter will be referred to the City Council for a final decision.
(Ord. 2018-475 §2; Ord. 2022-497 §10; Ord. 2023-509 §4)
§ 18.72.290 Appeal of Director decision by City Council.
Appeals of any Director final decision under this AUP section shall conform to the requirements of Chapter 18.80 requiring a hearing by the City Council. The City Council's decision concerning any matter it considers under this title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.
(Ord. 2023-509 §4)