All permits granted pursuant to this ordinance shall be supported by explicit findings describing the consistency with all code requirements and general plan/local coastal program land use plan policies and programs.

   Non-Coastal. Development Permits are required for any new construction of a permitted use (as established by Chapter 17.009 herein) in all zones except the R-1 and R-2 zones. In addition, development permits are also required for any new permitted uses in a zone whereby the establishment of the new use would result in an intensification of use over the previous land use activity on the site. Development permits provide for planning commission review of architectural design, pursuant to Chapter 17.105 herein, landscaping and off-street parking and loading requirements. All developments shall be encouraged to be designed and developed as a cohesive unit by taking advantage of modern site planning techniques. Development permits may be conditioned by the planning commission to ensure compatibility of development with city goals and policies. Development permits are subject to the public hearing and notice procedures established by Chapter 17.121 herein.

   Conditional use permits are required for any new construction of a conditionally permitted use (as established by Chapter 17.009 herein) in any zone. Conditional use permits provide for planning commission review of uses determined compatible with particular zones on a conditional basis. Such uses must be found to have no significant negative impact on the vicinity, views, aesthetics or health, safety and welfare of the community. The planning commission may impose such conditions as it deems necessary to secure the purposes of this Title and may require tangible guarantees or evidence that such conditions are being, or will be complied with. Conditional use permits are subject to the public hearing and notice procedures established by Chapter 17.121 herein.

   Variances from the structural developments standards of this Title for any zone may be granted by the planning commission when unusual hardships arise from the strict application of said standards applicable to a property. Variances may only be granted when all of the following circumstances are found to apply by the planning commission.

   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 development potentials available to other properties in the vicinity and under identical current zone classifications; and

   C.   The special circumstances affecting the subject property are unique to the site and do not apply equally to other lots in the vicinity under identical zone classifications.

   Variances are subject to the public hearing and notice procedures established by Chapter 17.121 herein.

   A.   The planned development permit is intended to provide a process for allowing greater flexibility in site planning and design than afforded by the general development standards of this zoning code, to encourage more innovative and desirable projects, workforce, affordable and senior housing, and efficient use of land than may be possible through strict application of conventional zoning regulations. The planned development permit shall not be considered for flexibility of standards and/or requirements specified in Chapters 17.066 (Coastal Access Overlay Zone), 17.075 (Floodplain Overlay Zone), 17.078 (Hazards and Protection Overlay Zone), 17.081 (Height Limitations Overlay Zone), 17.096 (View Consideration Overlay Zone), or any development standards specified in the general plan/local coastal plan.

   B.   Applicability. Planned development permits may be authorized for any outstanding development project in any zoning district. While subject to the city's health and safety standards specified in the International Building Code, flexibility of the application of the following zoning code development standards may be considered up to the limits identified in this section:

   1.   Structure location and setbacks, yard areas, and open spaces in the R-1, R-2, R-3, R-4, and R-R zoning districts subject to the indicated limits:

   a.   Front setback may be reduced to ten percent of the lot depth but no less than five feet.

   b.   Side setback may be reduced to seven percent of the lot width but no less than three feet.

   c.   Street side setback shall be a minimum of seven feet.

   d.   Rear setback may be reduced to seven percent of the lot depth.

   2.   Building height may exceed twenty percent of the maximum specified in general plan policy D-2a for fifty percent of the building footprint. This exception, inclusive of exceptions to building heights specified in Section 17.102.010, can only be considered for development in the downtown commercial core planning area and general plan/local coastal plan areas designated for commercial, resort commercial, public/semi public and industrial land uses.

   3.   Parking and loading requirements, ingress and egress location. Parking requirements may be reduced up to fifty percent from those specified in Section 17.108.020 so long as there is no reduction in parking available for public coastal access. Loading requirements, ingress, and egress may be determined by the planning commission.

   4.   Fences, walls and screening noted in Section 17.102.120 (1 and 2) may be exceeded by up to fifty percent.

   5.   Landscaping requirements may be no less than fifteen percent of a total lot area in residential zones and seven percent of a lot area in commercial or other zoning districts.

   6.   Lot coverage not to exceed:

   a.   R-1, R-2, R-3, R-4, and R-R zoning districts - seventy-five percent.

   b.   C-1, C-2 and G zoning districts - ninety percent.

   c.   C-M zoning district - fifty percent.

   7.   Total building area/floor area ratio as follows:

   a.   R-1 zoning district - eighty-six percent of the first two thousand seven hundred square feet of lot area plus seventy percent of any lot area in excess of two thousand seven hundred square feet.

   b.   R-2 zoning district - ninety percent for multi-family housing, single-family houses shall be the same as the R-1 zoning district.

   c.   R-3, R-4 and R-R zoning districts - one hundred thirty-five percent except that single- family houses shall be the same as the R-1 zoning district.

   d.   C-1, C-2 and G zoning districts - two hundred twenty percent.

   e.   C-M zoning district - seventy percent.

   8.   Lot width:

   a.   R-1, R-2, R-3 and R-R zoning districts - No less than forty feet.

   b.   C-M zoning district - No less than fifty feet.

   C.   Outstanding development qualifications. The qualifications for outstanding development will include one of the following for each request for flexibility of any single development standard:

   1.   For non-residential development:

   a.   Additional and improvement of open space exceeding fifteen percent of the required zoning code minimum.

   b.   A public recreational amenity exceeding the requirements of the city's general plan/local coastal plan and zoning code, including but not limited to a public plaza area, beach access facility (examples: stairway, bluff top trail, or accessible lift), bicycle service and storage area, or other public recreational amenity of similar scope and public value determined by the planning commission to enhance public recreational opportunities.

   c.   An enhanced pedestrian, bicycle, and/or vehicle connectivity element exceeding the minimum established by the municipal code.

   d.   On-site public art subject to city approval as a part of the planned development permitting process.

   e.   Solar panel installation.

   f.   Building construction that meets or exceeds provisions outlined in Title 24: Energy Efficiency Standards for Residential and Nonresidential Buildings.

   g.   Workforce, affordable and senior housing residential dwelling units as a part of a mixed use project.

   h.   Other community benefits including but not limited to public restrooms, sand showers, public full body showers with private enclosures, private dressing areas for public use, affordable overnight accommodations assured by deed restrictions, or other amenities determined by the planning commission to provide a community benefit not addressed in C.1.a.-g.

   2.   For residential development:

   a.   Addition of a secondary dwelling unit.

   b.   Solar panel installation.

   c.   Green build project components exceeding those required by Title 24: Energy Efficiency Standards for Residential and Nonresidential Buildings.

   d.   Construction of workforce, affordable or senior housing.

   D.   Project review. Each planned development permit application shall be analyzed by the director to determine the implications of the proposed changes of site design standard, and to ensure that the application will result in an exemplary project characterized by more efficient and environmentally sensitive use and development of land than would otherwise be achieved utilizing standard development requirements. The application shall also be reviewed to verify that the project is otherwise consistent with all other applicable provisions of this zoning code. The director shall prepare a report and recommendation on the proposal to the planning commission.

   E.   Notice and hearings. The planning commission shall hold a public hearing in compliance with Section 17.121.210 and Chapter 17.124. The planning commission may approve or disapprove the planned development permit in conjunction with and as part of the required coastal development permit.

   F.   Findings, decision, conditions. The planning commission shall identity findings upon which the decision to approve or deny the planned unit development permit. The planning commission may approve a planned development permit application with or without conditions, if all of the following findings are made:

   1.   The proposed use is a permitted or conditional use within the applicable zoning district and complies with all applicable provisions of this zoning code that are not the subject of the planned development permit application;

   2.   The proposed use is consistent with the general plan/local coastal plan;

   3.   The approval of the planned development permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA);

   4.   The location and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity;

   5.   The project's design and configuration do not negatively impact coastal resources;

   6.   The planning commission identifies a nexus and proportionality between the outstanding development quality and the requirement for the flexibility being sought;

   7.   The development standards as specified for the project have been varied to the minimum extent necessary in order to facilitate the outstanding quality of the development project;

   8.   The planned development permit offers a greater public benefit than would be otherwise required by the underlying zoning requirements;

   9.   The development meets all applicable general plan/local coastal plan policies and overlay zone requirements.

   G.   Expiration. A planned development permit shall be exercised within two years from the date of approval or the permit shall become void, unless an extension is approved consistent with Section 17.121.160. (Ord. O-2015-006 § 2 (part), 2015: Ord. O-2014-005 § 2 (part), 2014)

   A.   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.

   B.   Similar existing, nonconforming or illegal situations in the vicinity of a property are not evidence that would justify a variance in that the standards of the current zoning ordinance apply equally to conforming, nonconforming or illegal situations.

   C.   Variances proposed as a result of hardships that are self-imposed may, not be allowed.

   D.   Density variances other than as provided in the adopted housing element portion of the general plan/local coastal program land use plan.

   Any application for development (as defined herein in the coastal zone shall be required to obtain a coastal development permit in accordance with the provisions of Chapter 17.124, in addition to any other permit required by local ordinance.

   Modifications to previously issued permits may be issued subject to the following criteria:

   A.   Major modifications to planning commission permits, including significant departures from the original planning commission approval, shall require planning commission review and approval pursuant to the public hearing and notice procedures of Chapter 17.121;

   B.   Minor modifications to planning commission permits, including minor changes not affecting the use, design or intent of the original planning commission approval, may be approved by the city planner;

   C.   The city planner shall determine whether a proposed project modification is of a minor or major nature.

   Architectural review permits are required for any new construction of a permitted use (as established by Chapter 17.105 herein) as follows:

   A.   Conforming new construction or additions in excess of two hundred sq. ft. on a substandard parcel in the R-1 and R-2 zones;

   B.   Conforming additions in excess of two hundred sq. ft. to existing nonconforming structures in the R-1 and R-2 zones; and

   C.   Tract home developments when referred by conditions of the planning commission and/or city council.

   The city planner may approve the above development applications.

   Sign permits are required for all new signs or face changes of existing signs pursuant to the requirements established in Chapter 17.111. Signs requiring planning commission approval shall be subject to the public hearing and notice procedures established in Chapter 17.121. Architectural review of sign applications shall be required when planning commission approval is required (see Section 17.105.120)

   Home occupation permits are required for all permitted residential occupations pursuant to the requirements established in Chapter 17.115.

   Zoning clearances shall be required for any permitted and conforming buildings and structures hereinafter erected, constructed, altered, repaired, or moved within or into any residential district established by this Title. Said zoning clearances shall be issued by the community development department prior to the issuance of a building permit. Zoning clearances may only be issued for those uses in residential zones which do not require planning commission or architectural review. The community development and other city departments may impose such conditions to the zoning clearance as are deemed necessary to secure the purposes of this Title. (Ord. O-2018-010 § 4, 2018)

   The city planner may authorize the use of a temporary structure(s) used during construction as a construction office and storage use only, and only when a building permit has been issued. Temporary structures may be permitted for a six month period, and may be extended for a maximum of six months under special circumstances upon application to the public services department. Temporary structures must be removed prior to issuance of an occupancy permit. A security deposit and/or bonding may be required.

   A temporary real estate sales office and/or a temporary model home complex may be established only within the boundaries of lots within the same subdivision. No temporary real estate sales office or model home complex may be established or maintained as provided in this article unless the following requirements are met:

   A.   An agreement, together with a surety bond in a form approved by the city attorney or a cash deposit in an amount sufficient to guarantee to the city the removal of the sales office and/or model home complex and/or the restoration of the premises in conformity with the approved development plan and with the applicable provisions of this code, is posted with an accepted by the public works director;

   B.   The requested facilities shall be located adjacent to an arterial street if the subdivision borders on an arterial street;

   C.   The facilities and users shall be consistent with the general plan;

   D.   The facilities shall be subject to the approval of the city planner.

   The city planner may authorize temporary circuses and Christmas tree lots in the C-I and C-2 zones only if the following requirements are met:

   A.   A refundable cash deposit in an amount not to exceed five hundred dollars is provided to the city to guarantee the restoration of the premises to its original condition.

   B.   A zone clearance shall be required for any such type.

   C.   The duration of Christmas tree lots shall not be for more than one forty day period during any one year.

   The city planner may authorize temporary sidewalk sales for existing businesses or charitable, non-profit organizations in commercial zones only if the following requirements are met.

   A.   The duration of the sidewalk sales on public property shall not be more than seven consecutive days during any ninety day period of time.

   B.   On premise, outdoor sales, not to exceed one hundred fifty sq. ft. in area may be permitted for existing businesses, or charitable, non-profit organizations.

   C.   A zone clearance shall be required for any such type.

   D.   Parking spaces, driveways and walkways shall not be blocked.

   E.   Except as provided above, the possession of a business license shall not authorize any person to operate any business on or within city sidewalks, streets, parking lots, piers, beaches or any other property under the jurisdiction or control of the city unless and until said person holds a then valid permit, lease, or other written authorization from the city council to operate said business on said property.

   The planning commission may approve conditional use permits for temporary or continuing outdoor art shows and art sales in C-1, C-2, R-R and R-4 zones, provided that the following findings are made:

   A.   The use is consistent with the general plan.

   B.   Sufficient assurances are provided by the applicant that the use will be conducted in an orderly manner and will not create a nuisance. The planning commission may assess conditions as necessary to achieve these goals.

   C.   Business licenses or permits are required for the maximum number of exhibitors selling at any one art show.

   D.   Said permits shall be reviewed by the planning commission on a yearly basis.

   E.   An application fee of fifty dollars shall be required for first-time permits and thirty dollars for each yearly renewal.

   F.   Police shall be responsible for enforcement of numbers of exhibitors. (Refer to Arts and Craft Show Ordinance #315)

   Off-site vending not otherwise permitted by Section 17.121.140 shall be prohibited.

   A.   Any of the above permits granted under the terms of this Title shall, without further action, become null and void if not inaugurated within twenty-four months of the date of approval of within any shorter period of time if so designated by the approving authority.

   B.   Upon application filed prior to the expiration date of the approved permit, the time at which the permit expires may be extended by the planning commission for a period or periods of time not exceeding an additional twenty-four months.

   Approved permits shall be subject to any changes in this Title or the general plan/local coastal program land use plan adopted after the date of approval of the permit but prior to inauguration of the use.

   Any permit granted in accordance with the terms of this Title may be revoked by the planning commission in the manner hereinafter set forth, if any of the conditions or terms of such permits are violated, or if the following findings are made.

   A.   In Connection With Use Permits. The continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.

   B.   In Connection With Variances. Continued relief from the strict application of the terms of this Title would be contrary to the public interest, safety, health and welfare.

   Before the planning commission considers revocation of any permit, the planning commission shall hold a public hearing thereon after giving written notice thereof to the permittee at least ten days in advance of such hearing.

   Applications for permits shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning commission of the city of Pismo beach. The application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposed use to be made of the land or building. Such plans may include:

   A.   Plot and site plans;

   B.   Floor plans;

   C.   Elevations;

   D.   Topographic maps; and

   E.   Other plans and written descriptions as deemed necessary by the public services department.

   Variance requests shall require extensive evidence showing:

   1.   The variance will not be contrary to the public health, safety or welfare; and

   2.   Due to exceptional characteristics of the property or its location, the strict application of this Title would result in extreme practical difficulties and unnecessary hardship as related to development of the site exclusively.

   Concurrent with project application, a written commitment from the wastewater service district is required. A written commitment is a letter, with appropriate conditions, from the wastewater service district guaranteeing that the required level of service for the project will be available prior to issuance of building permits. The city decision making body shall not approve any development project unless it determines that such project has adequate sewage treatment plant capacity. (Ord. 04-02 § 2 (Exh. A (part)), 2004)

   Notice of public hearing shall be given as required by law. Said notice shall include the time and place of such hearing, the type and nature of the application, a brief description of the project and the project location. The proposed project site shall be posted with such notice in addition to general public notice either by newspaper or at three designated public posting locations in the city or both at least ten days prior to said public hearing. Notice of public hearings shall be made to property owners and tenants within one hundred feet of a project site by first class mail. Any failure to post public notices as aforesaid shall not invalidate any proceedings for the amendment to this zoning ordinance.

   All planning commission permits and variances shall not be issued until ten business days have elapsed from granting thereof, and in case an appeal is filed from the planning commission decision thereon shall not be issued until a decision is made by the city council on such appeal.

   Distribution of growth management allocations for residential construction and/or tract map recordation shall be done in compliance with applicable policies and procedures identified in the city's general plan/local coastal program land use plan including but not limited to programs GP-1, GP-2, GP-3 and GP-4.

   All permits and variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereof.

   In case an applicant or any other person is not satisfied with the action of the city planner on a permit decision, ordinance interpretation or similar matter, he may appeal in writing to the planning commission. Upon receipt of such appeal, the public services department shall set the matter for public hearing and notice thereof to be given as provided in Section 17.121.210. The written appeal shall include a description of the nature and reasons for the appeal.

   In case the applicant or any other person is not satisfied with the action of the Planning Commission on any Permit or Variance application, he may, within ten (10) business days appeal in writing to the City Council. Upon receipt of such appeal, the City Council shall set the matter for public hearing, notice thereof to be given as provided by law. The written appeal shall include a description of the nature and reasons for the appeal.