Marysville City Zoning Code
CHAPTER 18
72 TYPES OF SITE DEVELOPMENT PERMITS
§ 18.72.010 Development plan review.
(a)
Purpose. This review is for projects that are considered to be "permitted uses." The review is to ensure that the proposed project is in conformance with all city development and design standards. Because of the variation in size and intensity of multiple-family, commercial and industrial uses the level of review varies accordingly. Smaller projects are reviewed and considered by the city planner, larger projects receive planning commission review and very large projects must undergo both planning commission and city council review.
(b)
Applicability. The level of review for a use that is permitted under the appropriate zone district shall be determined by the matrix provided below in Table 18.72.010.
Table 18.72.010 Level of Review | ||||
|---|---|---|---|---|
Land Use Type | Review Criteria | Development Plan Level of Review | ||
Ministerial | Planning Commission | City Council | ||
Multiple-family (new) | Number of units | 1—10 | 10—50 | 50+ |
Office (new) | Square feet | 1—15,000 | 15,001—40,000 | 40,001+ |
Retail and service commercial: Indoor (new) Outdoor (new) | Square feet | 1—10,000 1—25,000 | 10,001—50,000 25,001—75,000 | 50,001+ 75,001+ |
Industrial warehouse and outdoor storage | Square feet | 1—25,000 1—50,000 | 25,001—75,000 50,001—100,000 | 75,001+ 100,001+ |
Conversion of an existing facility to a different category of use | Square footage | 1—25,000 | 25,001—50,000 | 50,001+ |
Conversion of commercial or industrial site to same category | Square footage | All projects | ||
(c)
Use Permit in Lieu of Development Plan Review. Whenever a planning commission or city council development review is required, as provided in Table 18.72.010, and a use permit is also required, as provided in Section 18.72.030, then the use permit process shall be used in lieu of the development plan review process.
(d)
Ministerial Development Plan Review.
(1)
The projects subject to a ministerial development plan review, as provided in Table 18.72.010, shall be reviewed and decided upon by the city planner within thirty days of receipt of all requested information. The city planner shall do one of the following:
(A)
Approve the application if it is determined that the proposal will comply with all applicable standards of this title and all other relevant city standards. The permit term shall be the same as the building permit.
(B)
Deny the application if it is determined that the proposal does not comply with all applicable standards of this title and all other city standards. However, prior to denying the application, the city planner shall provide the applicant an opportunity to modify or correct the application to bring the project into conformance with city standards.
(C)
Request further information as needed in order to make the determination of whether to approve or deny the application.
(2)
The decision of the city planner may be appealed to the planning commission, as provided in Section 18.80.070(a).
(e)
Planning Commission Development Plan Review.
(1)
Applicability. The planning commission development plan review process, as provided in Table 18.72.010, is for medium to large new projects or expansions of existing facilities. Due to the size of the project the planning commission's review is necessary to assure the project site is of adequate size and shape to accommodate the proposal, assure adequate public services are available to serve the project, that access to the site is adequate to accommodate the proposed use and consider the proposal's compatibility with neighboring uses.
(2)
Process. Upon receipt of a complete application and review and recommendation by staff, proper notice of a public hearing before the planning commission shall be provided as required by California Government Code Sections 65090 through 65095 and by such other means of notification the planning commission may require, as provided in Chapter 18.80.
(3)
Determination. Within thirty days of the close of the public hearing the planning commission shall approve, approve with modifications and/or conditions, or deny the application.
(4)
Findings for Approval. In order to approve or approve the application with modifications and/or conditions the following findings must be made, based on information in the record:
(A)
The site for the proposed use is adequate in size and shape to accommodate said use, and public access, parking and loading, setbacks, landscaping, and other development standards required by this title are met.
(B)
There will be adequate infrastructure, including but not limited to sewer, water, storm water drainage, and adequate street capacity to carry the quantity of traffic anticipated for this project.
(C)
The site design, design of the building and scale of the project will be compatible with neighboring uses.
(5)
Appeals. The decision of the planning commission may be appealed to the city council, as provided in Section 18.80.070(b).
(f)
City Council Development Plan Review.
(1)
Applicability. The city council development plan review process is for very large new projects or expansions of existing facilities. Due to the size of the project the planning commission is advisory to the city council. This process is necessary to assure that a large project is compatible with existing or anticipated neighboring uses and to assure adequate public facilities and services are available to serve the project.
(2)
Process. Upon receipt of a complete application and review by staff, proper notice of a public hearing before the planning commission shall be provided as required by California Government Code Sections 65090 through 65095 and by such other means of notification the planning commission may require. Within thirty days of the close of the public hearing the planning commission shall recommend to the city council approval, approval with modifications and/or conditions, or recommend denial of the application. Following receipt of the planning commission's recommendation the council shall conduct a public hearing for the proposal as provided in California Government Code Sections 65090 through 65095 and by such other means of notification the city council may require.
(3)
Determination. Within thirty days of the close of their public hearing the city council shall approve, approve with modifications and/or conditions, or deny the application. An approval shall be based on findings similar to that required of the planning commission.
(Ord. 1365 § 7 (part), 2014)
§ 18.72.020 Zoning clearance.
(a)
Purpose. A zoning clearance is an administrative process intended to provide verification that an intended use or structure complies with all applicable city standards that are specifically designed for this type of use.
(b)
Applicability. When required by the zone district in which the use of a structure or land is located, a zoning clearance is required prior to commencement of construction or use. The city planner shall review all applicable information and make a determination whether the proposed structure or use meets all standards required by this title and all other relevant city standards.
(c)
Determination. Following the receipt of a complete application and review of the information submitted, the city planner shall make one of the following determinations:
(1)
Approve the Application. If it is determined that the proposal complies with all applicable standards of this title and all other relevant city standards. If conditions warrant, the city planner may apply a reasonable term to the permit.
(2)
Deny the Application. If it is determined that the proposal will not comply with all applicable standards of this title or any other relevant city standards. However, prior to denying the application, the city planner shall provide the applicant an opportunity to modify or correct the application to bring the project into conformance with city standards.
(3)
Request Further Information. As needed in order to make the determination to approve or deny the application.
(d)
Appeals. The decision of the city planner may be appealed to the planning commission, as provided in Section 18.80.070(a).
(Ord. 1365 § 7 (part), 2014)
§ 18.72.030 Use permit.
(a)
Purpose. Use permits are intended to allow for activities and uses whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. Additionally, conditions of approval may be placed on a use permit to ensure the use is compatible with existing and anticipated uses in the vicinity.
(b)
Applicability. A use permit is required to authorize a proposed land use identified within the applicable zone district as being a use allowed subject to an approved use permit.
(c)
Application Processing. Upon determination of a complete application by the city planner, the application shall be processed in accordance with Chapter 18.80.
(d)
Planning Commission Action.
(1)
Notice and Hearing. Upon completion of the review by city staff, proper notice of a public hearing before the planning commission shall be provided, as required by California Government Code Sections 65090 through 65095, and by such other means of notification the planning commission may require.
(2)
Determination. At the conclusion of the public hearing, or at a time provided for in Section 18.80.050, the planning commission shall approve, approve with modifications and/or conditions or deny the application.
(e)
Findings for Approval. In order to approve the application, or approve it with modifications and/or conditions, the planning commission must first make the following findings, based on information in the record:
(1)
The proposal is consistent with the general plan and any relevant specific plan, neighborhood plan, or area plan.
(2)
The site for the proposed use is adequate in size and shape to accommodate said use and its associated yards, parking, landscaping and other improvements required by this title and other relevant city standards.
(3)
The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use.
(4)
The site design and the size and design of the building(s) will complement neighboring facilities.
(5)
The establishment and operation of the use will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the vicinity of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(f)
Appeals. The decision of the planning commission may be appealed to the city council, as provided in Section 18.80.070(b).
(Ord. 1365 § 7 (part), 2014)
§ 18.72.040 Variances.
(a)
Purpose. The provisions of this section allow for the adjustment of development standards required by this title when, because of special circumstances applicable to the property, including location, shape, size, surroundings, or topography, the strict application of these regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under the same zone district. Any variance that is granted shall be subject to conditions that ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is located. The power to grant variances does not apply to land use regulations.
(b)
Applicability. A variance may be granted for any physical development standards of this code but not for land uses, residential densities, and prohibited signs.
(c)
Application Processing. Upon determination of a complete application by the city planner, the application shall be processed in accordance with Chapter 18.80.
(d)
Planning Commission Action.
(1)
Notice and Hearing. Upon completion of the review by city staff, proper notice of a public hearing before the planning commission shall be provided as required by California Government Code Sections 65090 through 65095, and by such other means of notification the planning commission may require.
(2)
Determination. At the conclusion of the public hearing, or at a time prescribed by Section 18.80.050, the planning commission shall approve, approve with modifications and/or conditions, or deny the application.
(e)
Findings for Approval. In order to approve the application or approve it with modifications and/or conditions the following findings must be made, based on information in the record:
(1)
There are special circumstances applicable to the property or structure(s) including location, size, shape, surroundings, or topography or other conditions, so that the strict application of this title denies the property owner privileges enjoyed by other property owners in the vicinity or within the same zoning district.
(2)
Granting the variance is necessary for the preservation and enjoyment of substantial property rights.
(3)
Granting the variance does not result in special privileges inconsistent with the limitations upon other properties in the vicinity or the same zone district as the property is located.
(4)
Granting the variance does not allow a use or activity which is not otherwise authorized by the zone district within which the property is located.
(5)
Granting the variance will not be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the vicinity or be detrimental to property or improvements in the vicinity or to the general welfare of the city.
(f)
Appeals. The decision of the planning commission may be appealed to the city council, as provided in Section 18.80.070(b).
(Ord. 1365 § 7 (part), 2014)
§ 18.72.050 Ministerial review.
(a)
The city planner or his or her designated representative may hold hearings and make decisions on applications for the following use permits and variances:
(1)
Use Permits.
(A)
Enlargement or expansion of a use authorized under a use permit; provided, that the additional will not result in an increase of more than fifty percent of the existing facility.
(B)
Residential unit used and occupied exclusively by the proprietor or an employee of a commercial establishment located in "C" zones.
(C)
Residential unit used and occupied exclusively by an employee of an industrial establishment who is employed specifically as a caretaker or watchman located in an "M-1" zone.
(D)
A second single-family residence when a conditional use permit is required.
(E)
Minor use permits.
(2)
Variances.
(A)
All variance requests relating to structures erected or projected into any required yards.
(B)
Variances from parking requirements not to exceed ten percent of the total requirement.
(C)
Variances from maximum allowed sign area not to exceed ten percent.
(b)
Public Hearing, Notice and Findings.
(1)
Public hearing, notice and findings shall be required for an application for a use permit specified in this chapter.
(2)
Public hearing, notice and findings shall be required for an application for a variance as specified in this chapter.
(Ord. 1365 § 7 (part), 2014)
