Millbrae City Zoning Code
ARTICLE XXV
Design Review, Zoning Permits, Conditional Uses, Exceptions, Variances And Revocations 1
§ 10.05.2500 Design review permits.
A.
Each application for a permit for the construction, alteration, or exterior modification of a building or for any discretionary entitlement requiring approval under this title shall be subject to design review. Design review for all single-family, duplex, triplex, and multifamily residential development shall be conducted pursuant to the "Residential Design Review Guidelines" adopted by the planning commission and approved by the city council.
B.
Staff Design Review. Each application for a building permit for the construction, alteration, or exterior modification of a building shall be initially reviewed by community development department staff to determine if the proposal is consistent with the provisions of this chapter.
1.
The following types of applications shall be forwarded by staff to the planning commission for final action:
a.
Second floor or higher additions to existing residential development with the exception of second floor or higher additions to single-family detached dwellings in which the proposed addition to the second floor and/or higher floor totals no more than five hundred square feet;
b.
All newly proposed buildings;
c.
Significant exterior alterations to any existing development, as determined by staff; and
d.
Any applications for which a conditional use permit, exception, and/or variance, or any modification thereto or time extension thereof, is/are required or requested.
2.
All other applications shall receive final action by staff.
3.
To facilitate final action by staff, and prior to issuance of any building permit(s), the applicant shall provide sufficient documentation, which may include, but is not limited to, the materials listed in subsection C of this section, as required by staff to determine whether the proposed improvements comply with the policies of the city council. Plans shall be of sufficient clarity to graphically depict the location, nature, and extent of the work proposed and its relationship to the surrounding built environment, and shall conform to the provisions of adopted design guidelines and all applicable city regulations. In the event that the plans as submitted do not fully depict the proposed work, the community development director or designee may require that the plans be redrawn to meet the submittal standards prior to consideration. Buildings which present significant bulk compared to others nearby or which may have a significant impact on neighboring views, privacy, or solar access may be referred, at the discretion of city staff and at the applicant's expense, to the city's design consultant for review. Staff shall direct the applicant to change the proposed design as necessary to comply with these standards prior to review by the planning commission or the issuance of any permits.
4.
Final action by staff shall be in the form of approval of a zoning permit.
C.
Planning commission design review shall occur as follows:
1.
Applications shall be considered at a duly noticed public hearing of the planning commission and shall be accompanied by any or all of the following materials together with any other information as may be required by the planning commission:
a.
Site plans showing the relationship of the site to existing or planned streets, paving, sidewalk, and utility lines; proposed ingress and egress patterns; the location of any existing or proposed structures; front, rear, and side setbacks related to the boundaries of the property; the distance from the back of sidewalk to face of garage(s); exterior lighting; walls, fences, or other devices used for screening or separation; proposed grading and any other reshaping of the earth upon the site; and proposed drainage plan;
b.
Architectural drawings or sketches showing plans and elevations of all exterior sides of all proposed structure(s) including height, bulk, types of exterior colors, materials, and textures, and at least one perspective drawing that clearly illustrates what the structure(s) will look like upon completion;
c.
Landscape and irrigation plans showing the proposed location and identification of existing and proposed plants, erosion control and drainage features, and other landscape amenities, a plant list of the botanical name, common name, quantity, and size of all new plant materials, and provisions for landscape maintenance;
d.
Soils and/or geologic reports, signed by a professional licensed to prepare such reports, when requested by the building official; and
e.
Samples of all proposed colors and materials.
2.
Findings. The design review application materials shall be evaluated by the planning commission in relation to the following findings required for approval:
a.
The architectural, landscaping, and general appearance of the proposed building or structure and grounds are in keeping with the character of the neighborhood;
b.
The project complies with all applicable development regulations;
c.
The project complies with the intent of the adopted design review guidelines, including a finding that the project will not cause a significant visual impact to neighboring views from principal rooms of a residence unless it is proven by the applicant that there is no other viable or cost-effective alternative; and
d.
The proposal is not detrimental to the orderly, harmonious and safe development of the city and will not impair the desirability of investment or occupation in the neighborhood in which the building or structure is proposed to be erected.
D.
Approval. For design review applications requiring planning commission action, the planning commission shall approve, approve with conditions, or disapprove the applications. If approved, the approval shall be effective for a period of one year from the date of approval thereof or within any shorter or longer period of time not to exceed three years, if so designated by the commission. The planning commission shall have authority to extend the period of any prior approval; provided, that a written request for such extension is submitted prior to the date of expiration of the original approval and a hearing has been held, notice of which shall be given in the time and manner provided in Article XXIX.
E.
Appeal Period. Planning commission design review approval shall not be final until ten days have elapsed from the granting thereof, and in case an appeal is filed in the manner provided in Article XXVII of this chapter, shall not be issued until a decision thereon shall have been made by the city council.
F.
Effective Action. No building permit shall be issued until a design review application has been approved by the planning commission or the community development director or designee, as the case may be, and until the applicant has submitted construction plans for the project that are found by city staff to be in substantial compliance with the approved plans/exhibits, as well as with all other applicable city policies, ordinances, and regulations and the California Building Codes.
G.
Adherence to Final Approval. Following approval of a design review permit by the planning commission (or, if appealed, upon approval by the city council) and subsequent to building permit issuance, the applicant shall fully construct or otherwise implement all aspects of said approval as depicted on the approved plans/exhibits. The applicant shall not selectively alter or omit any aspects of said approval since doing so may result in denial of the certificate of occupancy or final inspection.
H.
Fee. The city council may, by resolution, set a fee to be paid at the time an application for design review is made and which shall be in addition to any other fee which may be required to be paid in connection with the issuance of any permit for any structure.
(Amended by Ord. 750 § 4; Ord. 726 § 2 (Att. A))
§ 10.05.2510 Zoning permits.
Zoning permits shall be required for all structures hereinafter erected, constructed, altered, repaired, or moved within or into any district established by this chapter, and for the use of vacant land, or for a change in the character of the use of land, within any district established by this chapter. The application for a zoning permit shall be accompanied by a fee, set by the city council, and sufficient plans to clearly indicate the proposed use to be made of the land or structure. No building permit shall be issued until the zoning permit portion thereof has been completed by the community development director or designee and any required or requested conditional use permit, exception, or variance has been issued and become effective.
(Formerly 10.05.1280; 1966 Code § 8600; 1976 Code § 10-1.1001; Amended by Ord. 726 § 2 (Att. A); Ord. 231)
§ 10.05.2520 Conditional use permits.
A.
Conditional use permits may be revocable, conditional, and/or valid for a stated time period, and shall be issued only as provided in this article for any of the uses or purposes for which such permits are required by this chapter. The planning commission may impose such conditions as it deems necessary to enforce the intent of this chapter and may require tangible guarantees or evidence that such conditions are being or will be complied with.
B.
Applications for conditional use permits shall be made in writing by the owners of the property, or their agent, on a form prescribed by the community development department. Lessees, purchasers in escrow, optionees, or other persons may act as agents upon filing with the application a copy of an instrument signed by an owner and designating such agent. The application shall be accompanied by a fee, set by the city council, as well as any plans or other exhibits describing the details of the proposed use to be made of the land or structure.
C.
Combined Proceedings. Where the proposed use requires issuance of a conditional use permit under the terms of this chapter and is also subject to design review or exceptions and/or variances are requested in conjunction with the application, all requests may be combined into one application for concurrent processing and review; however, the fees required for each component of such combined application shall be collected in full.
D.
Findings. The conditional use permit application materials shall be evaluated by the planning commission in relation to the following findings required for approval:
1.
The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use; and
2.
The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to property and improvements in the neighborhood of such proposed use.
E.
Failure to Act. Failure of the planning commission to act within sixty days of the filing of an application for a conditional use permit shall be deemed a denial of the requested conditional use permit.
F.
Public Hearing. A public hearing shall be held upon each application for a conditional use permit, or for the modification, extension, or revocation of an approved conditional use permit. Notice of the public hearing shall be given in the time and manner provided in Article XXIX.
G.
Appeal Period. Conditional use permits shall not be issued until ten days have elapsed from the granting thereof, and in case an appeal is filed pursuant to Article XXVII of this chapter, shall not be issued until a decision thereon shall have been made by the city council.
H.
Acknowledgment. Conditional use permits shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.
I.
Revocation.
1.
A conditional use permit granted in accordance with the terms of this chapter may be revoked by the city council, in the manner hereinafter set forth, if any conditions or terms of such permits are violated or compliance with the provisions of this chapter is not demonstrated.
2.
Public Hearing. Before the city council considers revocation of any conditional use permit, the planning commission shall hold a duly noticed public hearing thereon after giving written notice thereof to the permittee at least ten days in advance of such hearing and in the time and manner provided in Article XXIX of this chapter. Within five days thereafter, the planning commission shall transmit a report of its findings and its recommendations on the revocation to the city council.
3.
Suspension of Permits. The building official shall not issue any building permit(s) that may still be outstanding at the time that proceedings to consider the revocation of a conditional use permit are initiated.
(Formerly 10.05.1290; 1966 Code § 8605; 1976 Code § 10-1.1002; Ord. 231; Ord. 726 § 2 (Att. A))
§ 10.05.2530 Exceptions.
A.
Exceptions, as specified in this chapter, for permission to deviate from specific development standards shall require planning commission review for approval. In accordance with the intent of this chapter, the planning commission may grant all, none, or part of the deviation(s) sought.
B.
Applications for exceptions shall be made in writing by the owners of the property, or their agent, on a form prescribed by the community development department of the city. Lessees, purchasers in escrow, optionees, or other persons may act as agents upon filing with the application a copy of an instrument signed by an owner and designating such agent. The application shall be accompanied by a fee, set by the city council, as well as plans and/or other exhibits describing the details of the proposed deviation(s) from the minimum required or maximum allowable development standard(s), and evidence justifying the exception.
C.
Combined Proceedings.
1.
When the exception is requested in conjunction with an application for a conditional use permit, design review, and/or variance, all requests may be combined into one application for concurrent processing and review; however, the fees required for each component of the combined application shall be collected in full and the planning commission may take individual final actions on each component.
2.
When more than one exception is requested for a single project, they shall be combined into one application for concurrent processing and review; however, the fees required for each such exception shall be collected in full and the planning commission may take individual final actions on each exception.
D.
Findings. The exception application materials shall be evaluated by the planning commission in relation to the following findings required in order to approve any exception:
1.
The deviation granted from the minimum required or maximum allowable development standard prescribed for the zoning district in which the project site is located will not, under the circumstance of the particular case, be detrimental to property and improvements existing upon any abutting parcel; and
2.
The deviation granted from the minimum required or maximum allowable development standard prescribed for the zoning district in which the project site is located will, under the circumstance of the particular case, be compatible with the property and improvements existing or proposed upon the project site.
E.
Failure to Act. Failure of the planning commission to act within sixty days of the filing of an application for an exception shall be deemed a denial of the requested exception.
F.
Public Hearing. A public hearing shall be held upon each application for an exception. Notice of the public hearing shall be given in the time and manner provided in Article XXIX of this chapter.
G.
Appeal Period. Exceptions shall not be issued until ten days have elapsed from the granting thereof, and in case an appeal is filed as provided in Article XXVII of this chapter, shall not be issued until a decision thereon shall have been made by the city council.
H.
Acknowledgment. Exceptions shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.
(Ord. 726 § 2 (Att. A))
§ 10.05.2540 Variances.
A.
Variances are required to deviate from the strict application of the terms of this chapter when no other form of regulatory relief is provided in this title. However, a variance may neither be applied for nor granted to allow any land use within a district in which such use is prohibited under the regulations of that district. All variances require planning commission review for approval. In accordance with the intent of this chapter, the planning commission may grant all, none, or part of the deviation(s) sought. Furthermore, a variance is rightfully considered only when all other options for full compliance have been exhausted.
B.
Applications for variances shall be made in writing by the owners of the property, or their agent, on a form prescribed by the community development department of the city. Lessees, purchasers in escrow, optionees, or other persons may act as agents upon filing with the application a copy of an instrument signed by an owner and designating such agent. The application shall be accompanied by a fee, set by the city council, as well as any plans or other exhibits describing the details of the proposed deviation(s) from the minimum required or maximum allowable development standard(s), and evidence justifying the variance.
C.
Combined Proceedings.
1.
When the variance is requested in conjunction with an application for a conditional use permit, design review, or exception, all requests may be combined into one application for concurrent processing and review; however, the fees required for each component of the combined application shall be collected in full and the planning commission may take individual final actions on each component.
2.
When more than one variance is requested for a single project, they shall be combined into one application for concurrent processing and review; however, the fees required for each such variance shall be collected in full and the planning commission may take individual final actions on each variance.
D.
Findings. The variance application materials shall be evaluated by the planning commission in relation to the following findings required in order to approve any variance:
1.
Any variance granted shall be subject to such conditions as will assure that the deviation thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the subject property is situated; and
2.
That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of zoning regulations is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification.
E.
Failure to Act. Failure of the planning commission to act within sixty days of the filing of an application for a variance shall be deemed a denial of the requested variance.
F.
Public Hearing. A public hearing shall be held upon each application for a variance. Notice of the public hearing shall be given in the time and manner provided in Article XXIX of this chapter.
G.
Appeal Period. Variances shall not be issued until ten days have elapsed from the granting thereof, and in case an appeal is filed as provided in Article XXVII of this chapter, shall not be issued until a decision thereon shall have been made by the city council.
H.
Acknowledgment. Variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.
(Formerly 10.05.1360; 1966 Code § 8620; 1976 Code § 10-1.1009; Ord. 231; Ord. 726 § 2 (Att. A))
§ 10.05.2550 Expiration and extension of permits.
Any design review permit, zoning permit, conditional use permit, exception, or variance granted in accordance with the terms of this chapter shall, without further action, become null and void if a building permit application is not submitted within one year from the date of approval thereof or within any shorter or longer period of time not to exceed three years, if so designated by the planning commission or city council, unless extended by action of the planning commission. A public hearing shall be held prior to any such extension and notice of such hearing shall be in the time and manner provided in Article XXIX of this chapter.
(Formerly 10.05.1440; 1966 Code § 8650; 1976 Code § 10-1.1017; Ord. 231; Ord. 643 § 6; Ord. 726 § 2 (Att. A))