Selma City Zoning Code

CHAPTER 6

PERMIT PROCESSING

11-6-1: GENERAL PROVISIONS:

(A) The purpose of this chapter is to identify the procedures for the filing and processing of the different land use permit or approval applications provided for in this Ordinance, unless superseded by specific requirement of this title or State law.

(B) Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any building, or addition to any building, the appropriate permit or permits shall be secured by any owner or their agent for said work. A permit shall also be secured for certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur. It shall be unlawful to commence any work until and unless such a permit has been obtained, and further, no such building shall be occupied or used unless a license for such use, where required, is first obtained from the City.

1. Site Plan Review.

2. Zoning Clearance.

3. Director Review and Approval.

4. Conditional Use Permit.

5. Temporary Use Permit.

6. Minor Deviations.

7. Variance.

Table 6-1 Permit Review Authorities
Name of Permit	Code Chapter/ Section	Role of Review Authority
Name of Permit	Code Chapter/ Section	Director	Commission	Council
Site Plan Review	11-6-5	Decision	Appeal	Appeal
Preliminary Development Permit	11-6-3	Recommend	-	-
Zoning Clearance Letter	11-6-4	Decision	Appeal	-
Director Review and Approval	11-6-6	Decision	Appeal	Appeal
Conditional Use Permit	11-6-7	Recommend	Decision	Appeal
Temporary Use Permit	11-6-8	Decision	Appeal	Appeal
Minor Deviation	11-6-9	Decision	Appeal	Appeal
Variance	11-6-10	Recommend	Decision	Appeal

(Ord. 2024-6, 6-17-2024)

11-6-2: APPLICATION PROCESSING:

These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments, and approvals when required or permitted by this Chapter. These provisions are intended to provide the framework by which applications will be determined to be complete and permitted to be filed.

(A) Application Initiation:

1. Property owners or designees of property owner and lessees of the subject property; or

2. Resolution of the Planning Commission or City Council.

(B) Application Forms:

1. The Director shall prescribe the form on which all applications are made; shall prepare and provide forms for all planning applications; and shall prescribe all application filing requirements. No application shall be accepted unless it complies with the specified application filing requirements.

2. The Director may require the submission of supporting materials as part of the application, including, but not limited to, operational statements, photographs, plans, drawings, renderings, models, material and color samples, and other items necessary to describe existing conditions on the project site and in the vicinity and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.

3. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division office. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

4. Planning applications forms must be signed by the applicant and owner of the property, or by a person with the owner's power-of-attorney, involved in the application. In the case of multiple owners, either all owners must sign the application, or the signatory must provide evidence that he or she has the right to act on behalf of all owners.

5. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue.

1. No application shall be processed pursuant to this Chapter prior to the determination by the Director that the application is complete in accordance with this Section and the Permit Streamlining Act, Government Code Section 65920 et seq. or any successor legislation thereto, to the extent applicable.

2. The determination shall be made not later than thirty (30) calendar days after the Planning Division has received an application for a development project and shall state whether the application is complete or is incomplete and shall specify additional information to be resubmitted.

3. A completed application shall consist of:

(a) The application form with all applicable information included on the form;

(b) The additional information, reports, dimensioned drawings, and other material required with application form;

(c) A description of how the proposed project or requested action is consistent with the required findings of each application type; and

(d) Payment in full of the required fee for processing the application.

4. If an application is determined incomplete, the Director shall transmit to the applicant in writing the reason for the determination and shall list the information that must accompany a resubmitted application. An incomplete application shall be determined to be withdrawn if the information requested is not received by the Director within thirty (30) days of the date the initial written determination of incompleteness is delivered to the project applicant.

5. The Director shall determine in writing the completeness of the resubmitted application and transmit the determination to the applicant. This determination shall be made no later than thirty (30) calendar days after the Planning Division has received the resubmitted application. If determined complete, the resubmitted application shall be processed pursuant to this Chapter. If the application is determined to be incomplete, the applicant shall be noticed pursuant to this subsection and the application may be deemed withdrawn if no response is received by the City after three (3) months. If deemed withdrawn, the applicant may file a new application or appeal the determination of incompleteness to the Planning Commission pursuant to Section 11-7-8 Appeals.

6. If the Director fails to make a timely determination as to completeness of an application, or resubmitted application, the application shall be automatically deemed complete. The applicant and Director may mutually agree in writing to extend these time periods.

7. The time periods for processing any applications under this Chapter shall commence upon the date the application has been determined to be complete.

(D) Abandonment Of Projects:

1. Applications for permits or approvals, pursuant to this Chapter, shall be deemed to have been abandoned when information and/or fees necessary for the completion of the application have been requested in writing and not received by the Planning Division within ninety (90) days of notification. The applicant may request (within the ninety (90) day time period) an extension of up to one hundred eighty (180) days, or longer as may be approved by the Planning Director only for extenuating circumstances. No further action shall be taken on an application and no fees will be refunded once abandoned. (Ord. 2024-6, 6-17-2024)

11-6-3: PRELIMINARY DEVELOPMENT REVIEW:

(A) Purpose: Preliminary Development Review is a process that is intended to provide applicants proposing a new project with relevant initial information on, but not necessarily limited to, General or Specific Plan regulations or policies, consistency with the Municipal Code, improvement standards, environmental review, technical studies required, infrastructure needs, and applicable processing procedures pursuant to this Code.

(B) Applicability: Preliminary Development Review is required prior to a formal entitlement submittal for the following projects:

1. New non-residential construction on a vacant or underutilized property.

2. New multi-family residential development.

3. Additions of more than or equal to twenty percent (20%) of the gross floor area of the main structure or an addition of one thousand (1,000) square feet, whichever is greater. This threshold is not to exceed three thousand (3,000) square feet.

4. Changes in uses that increase the total required off-street parking.

(C) Review Authority: The Director shall make the determination that a Preliminary Development Review submittal is complete for review. The review process shall include all internal and external departments that have approval oversight throughout the proposed entitlement process.

After review, all comments will be compiled into a written summary that articulates requirements for future entitlement processing in accordance with this Code.

(D) Application Requirements: Any applicant seeking a Preliminary Development Review must complete an application on a form approved by the Director, or their designee, submit the required materials for review, and pay the adopted fee required for the processing of the application as set or amended by resolution of the city council. Application materials shall include but is not limited to the following:

1. Scaled Site Map;

2. Detailed Project Description;

3. Operational Statement;

4. Preliminary Title Report;

5. Owner Authorization

(E) Summary Of Recommendations: The Director shall provide the applicant with a written summary of the procedures and requirements applicable to the potential project. The written summary shall not be interpreted as a recommendation for approval or disapproval.

(F) Formal Submittal: Following the completion of the Preliminary Development Review process, the applicant may submit for a subsequent entitlement application and filing fees. (Ord. 2024-6, 6-17-2024)

11-6-4: ZONING CLEARANCE LETTER (ZC):

(A) Purpose: A zoning clearance is the procedure used by the City to verify that a proposed land use and that the project complies with the development standards of this Zoning Code that apply to the use, consistent with the General Plan.

(B) Applicability: Zoning clearance can be provided for all buildings and structures hereinafter erected, constructed, altered, or moved within or into any district established by this title, or for any use or activity which requires a building permit.

(C) Review Authority: If the Director determines that the proposed use or building is allowed as a matter of right by this Code and conforms to all the applicable development and use standards, the Director shall issue a Zone Clearance if one is requested.

(D) Application Requirements: Applications for a Zone Clearance shall be submitted in accordance with the provisions set forth in 11-6-2 . The Director may request that the Zone Clearance application be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Code. (Ord. 2024-6, 6-17-2024)

11-6-5: SITE PLAN REVIEW (SPR):

(A) Purpose: The purposes of site plan review are to enable the Planning Director to ministerially make a finding that the proposed development conforms with the intent and provisions of this Chapter and to guide the Building Department in the issuance of building permits.

(B) Applicability: Site plan review provisions shall apply to the following:

1. All activities listed as permitted uses in all zone districts shall be subject to the approval of a site plan review granted in compliance with this Chapter, unless otherwise specified later in this Chapter. Approval of a single-family residential unit on a lot shall not require site plan review.

2. Site Plans will be required under the following circumstances:

(a) New nonresidential developments proposing to construct a new structure.

(b) Additions of more than or equal to one thousand (1,000) square feet to existing non-residential buildings.

(c) Changes in uses that do not increase the size of a structure but increase the total required off-street parking requirement pursuant to this Chapter.

(d) New multi-family residential development such as, but not limited to, apartments, condominiums, triplexes, or fourplexes.

(C) Review Authority: The Director shall approve, or conditionally approve, applications for a Site Plan Review based on consideration of the requirements of this chapter.

(D) Application Requirements: Applications for a Site Plan Review shall be submitted in accordance with the provisions set forth in 11-6-2 . The Director may request that the Site Plan Review application be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The application should include at a minimum the following information:

1. The lot dimensions.

2. Setbacks.

3. All existing and proposed buildings and structures and their location, elevation, size, height, and proposed use.

4. Walls and fences and their location, height, and materials.

5. All parking, including the location, number of spaces, dimensions of the parking area, and internal circulation patterns.

6. Pedestrian, ADA path of travel, bicycle, and vehicular access.

7. Signs and their location, size, and height.

8. Loading, including the location, dimensions, number of spaces, and internal circulation.

9. Lighting, including the location and hooding devices.

10. Utilities, including location of existing and proposed utilities and easements.

11. Street dedications and improvements.

12. Drainage.

13. Landscaping, including the location and type.

14. Fire prevention equipment and measures, including type and location.

15. Such other data as may be required to permit the planning official to make the required findings.

(E) Review And Decision:

1. The Director shall issue a permit if the proposed development conforms precisely to applicable development standards and does not require discretionary review or approval as outlined in this Chapter.

2. The Director shall require resubmittal of the site plan and identify required revisions if the development is not in compliance with the applicable development standards in which the property is located.

3. The Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based.

(F) Required Findings: The Director may only approve a Site Plan Review application if it finds that the application is consistent with the purposes of this article and with the following:

1. The applicable standards and requirements of this Code.

2. The General Plan and any operative plan or policies the City has adopted.

3. Any applicable design guidelines the City has adopted.

4. Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required.

(G) Conditions Of Approval: The Director may impose standard, objective conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this article and ensure compliance with the applicable criteria and standards established by this Code. (Ord. 2024-6, 6-17-2024)

11-6-6: DIRECTOR REVIEW AND APPROVAL (DRA):

(A) Purpose: A DRA is intended to allow for the approval of projects which conform to the standards established for the Zoning District and do not require discretionary review. A DRA provides for an administrative review and assessment of the proposed development project considering explicit standards contained in the Chapter which have been designed to ensure that the completed project will be in harmony with existing or potential development in the surrounding area, consistent with the goals, objectives, and policies of the General Plan.

(B) Applicability: A Director Review and Approval (DRA) shall be required prior to issuance of any Building Permit for the development of uses subject to a DRA as listed in Chapter 2 of the Zoning Ordinance.

(C) Review Authority: The Director, or their designee, may issue a DRA for all uses requiring such permit. The Director, or their designee, shall review the application for a DRA and approve, approve with requirement to conform with the zone district, or deny said application within thirty (30) days after the application is received by the community development department. Failure of the Director to act within thirty (30) days shall not be deemed an approval.

(D) Application Requirements: Anyone seeking a DRA must complete an application on a form approved by the Director, or their designee, and pay any fee required for the processing of the application as set or amended by resolution of the city council. Said application shall not be deemed received unless it is complete, and all fees paid.

(E) Required Findings:

1. That the use will not involve any process, equipment, or materials which, in the opinion of the Director, will be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosion.

2. The proposed use will not be contrary to the objectives of the General Plan and any applicable specific plan.

3. That the proposed use will be harmonious with existing structures and use of land in the vicinity. (Ord. 2024-6, 6-17-2024)

11-6-7: CONDITIONAL USE PERMIT (CUP):

(A) Purpose: The purpose of this Chapter is to describe the process and general requirements in which a Conditional Use Permit (CUP) is required. Conditional uses require special consideration due to unusual characteristics or potential impacts on surrounding uses. They require discretionary review and approval to ensure that the uses are generally consistent with the purposes of the Zoning District where they are proposed to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

(B) Applicability: A CUP is required for buildings or structures constructed, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which may have an impact upon the general welfare, safety of the public, or otherwise specified as a requirement in Chapter 2 of the Zoning Ordinance. These uses require an additional level of review and have a higher threshold of approval to ensure that they are compatible with the adjacent land uses and comply with the goals and intent of the General Plan. A Conditional Use Permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application unless a specific time period in which the use permit will be valid, and the use may be operated has been set.

1. A public hearing shall be held by the Planning Commission after the filing of a complete application for a conditional use permit, notice of which shall be given in the manner prescribed in Section 11-7-9 .

2. At the public hearing, the Planning Commission shall review the application and the statement and project plans submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained,

3. The public hearing shall be conducted in accordance with the rules and procedures specified in Section 11-7-9

(D) Application Requirements: The applicant shall submit an electronic copy and three (3) physical copies of a site plan, or as determined by the City Manager or Designee, and a completed CUP application form to the Planning Division. The application submission shall include a filing fee as required under the Selma User Fee Schedule.

1. Upon receipt of a CUP application, the City shall first review the application to determine completeness and determine the level of environmental review necessary for the project.

2. If the application is deemed complete, the conditional use permit shall be considered at a future, duly noticed public hearing before the Planning Commission.

3. A CUP may be granted only when all the following findings are met in reference to the property being considered. The inability to make one or more of the findings is grounds for denial of an application.

4. Any person may appeal the Planning Commission's decision to the City Council in accordance with the procedure specified in Section 11-7-8 Appeals. Upon appeal of the Planning Commission's action, the City Council shall hold a new public hearing where it shall review the proceedings held by the Planning Commission and either affirm, deny, or modify the Commission's decision.

5. A CUP shall expire and become void one year from the date it became effective if the use permitted under the CUP is not operating within that time period, unless a greater time was agreed upon in writing upon permit approval, or a building permit was issued, and construction has commenced prior to the expiration.

6. A CUP may be renewed for an additional year, or for a lesser or greater time as specified, provided that an application for renewal is filed with the Planning Commission prior to the expiration of the previous CUP. The Planning Commission may by resolution approve, approve with conditions, or deny an application for renewal of a CUP. The resolution shall describe the findings of the Planning Commission regarding the decision.

7. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit.

(E) Public Notice: Public Notice shall be provided ten (10) days prior to the date of action pursuant to section 11-7-9 .

(F) Required Findings: The Planning Commission in granting a conditional use permit shall find as follows:

1. The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and is in substantial compliance with all of the applicable provisions of this Development Code;

2. The proposed use is consistent with the General Plan and any applicable specific plan;

3. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses and would not create substantial noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby, or adverse to the public interest, health, safety, convenience, or welfare of the City;

4. The subject parcel is physically suitable in size and shape for the type and density/intensity of use being proposed;

5. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and

6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act. (Ord. 2024-6, 6-17-2024)

11-6-8: TEMPORARY USE PERMITS (TUP):

(A) Purpose: The purpose of this Chapter is to establish a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

(B) Applicability: An application for a Temporary Use Permit shall be submitted at least forty five (45) days before the use is intended to begin. The application requires non-discretionary review and shall be on the required form and include an operational statement and the written consent of the owner of the property or the agent of the owner.

1. Stand-Alone Seasonal Sales: Seasonal sales of holiday related items such as Christmas trees, pumpkins, and similar items conducted for a period not to exceed forty five (45) consecutive calendar days or a total of sixty (60) days in a one-year period.

2. Temporary Outdoor Sales: Temporary outdoor sales conducted by an established retail commercial business holding a valid City business license, including, but not limited to, grand opening events, sidewalk sales, and other special sales events subject to the following standards:

(a) Temporary outdoor sales shall be conducted for the same site on which the permit is applied and authorized for.

(b) Outdoor display and sales areas must be located on a paved or concrete area on the same parcel as the structure(s) containing the business with which the temporary sale is associated.

(c) Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, and ADA path of travel compliance or required landscaped areas or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

(d) Number Of Events. No more than four (4) events shall be allowed, per applicant, on any one site within any twelve (12) month period, except sidewalk sales located on the public right-of-way shall be limited to two (2) events for periods not exceeding three (3) consecutive days each within any twelve (12) month period. Business Improvement Districts Areas shall be exempt from the limitations on number of events.

(D) Review Authority: The Director shall approve, conditionally approve, or deny applications for temporary use permits based on consideration of the requirements of this Zoning Ordinance. The Director may refer an application for a temporary use permit to the Planning Commission if the Director finds that the temporary use may have substantial and detrimental impacts to surrounding land that warrant Planning Commission review. If the Director determines that the application is subject to review under CEQA and the project does not qualify for an exemption pursuant to State law or CEQA Guidelines, the temporary use permit shall be processed as a conditional use permit application.

(E) Application Requirements: An application for a Temporary Use Permit shall be submitted in accordance with the provisions set forth in 11-6-2 . The Planning Director may request that the TUP application be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The application should include at a minimum the following information:

1. A statement of operations describing the hours of operation, days that the temporary use will be on site, the number of people staffing the use during operation, and other information relating to the operation of the use that pertains to the impact of the use on the community or on adjacent uses; and

2. Drawings, sketches or illustrations, dimensioned and drawn to scale, showing the size and location of the property, location of adjacent streets, location and size of all structures on the site, signs, location and number of off-street parking spaces and drive aisles, locations on entrances and exits and temporary structures to be erected or installed as a part of the temporary use.

(F) Required Findings: The Director may approve an application for a temporary use permit, without public notice, upon making the following findings:

1. The proposed use complies with the timeframes indicated for said use.

2. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City.

3. The proposed use will not unreasonably interfere with pedestrian and ADA path of travel compliance or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas or a parking management plan.

4. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.

5. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the Director. (Ord. 2024-6, 6-17-2024)

11-6-9: MINOR DEVIATIONS:

(A) Purpose: The purpose of this Chapter is to establish procedures to allow minor adjustments to the dimensional requirements, design standards, and other requirements of this title when so doing is consistent with the purposes of the General Plan and the District and would, because of practical difficulties, integrity of design, topography, and similar site conditions, result in better design, environmental protection, and land use planning.

(B) Applicability: The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the district. Minor deviations of up to but not exceeding ten percent (10%) of the development standards, such as, but not limited to, setbacks, height, buildable area, or parking, for the applicable district may be approved by the Community Development Director ("Director") upon application by the property owner, which application outlines and demonstrates the justifiable need and reason for the deviation. In no case shall a minor deviation be granted pursuant to this Chapter to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a minor modification be granted that alters the procedural or timing requirements of this Ordinance. No deviation which compromises public health and safety in any manner shall be approved.

(C) Review Authority: The Director shall approve, conditionally approve, or deny applications for a minor deviation based on consideration of the requirements of this chapter.

(D) Application Requirements: An application for a minor deviation shall be submitted to the Director in accordance with Section 11-6-2 . The application shall state in writing the nature of the deviation requested and explain why the findings necessary to grant the deviation are satisfied. The applicant shall also submit plans delineating the requested deviation.

(E) Required Findings: A decision to grant a deviation shall be based on making all of the following findings:

1. The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, location of existing improvements, topography, noise exposure, irregular property boundaries, or other unusual circumstance;

2. The requested modification is consistent with the General Plan and any applicable area or specific plan;

3. The project as modified meets the intent and purpose of the applicable zone district and is in substantial compliance with the district regulations;

4. The granting of the requested deviation will not be detrimental to the health or safety of the public, the occupants of the property, parcels sharing common parcel lines, or result in a change in land use or density that would be inconsistent with the requirements of this Code. (Ord. 2024-6, 6-17-2024)

11-6-10: VARIANCES:

(A) Purpose: The purpose of this chapter is intended to provide a mechanism for relief from the strict application of this Code where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(B) Applicability: Variances may be granted with respect to development standards, but variances from the use regulations of this Code are not allowed. The Planning Commission shall have power to grant such variances only to the extent necessary to overcome such practical difficulty or unnecessary hardship as may be established in accordance with the provisions of this Chapter. No Variance shall be granted, in whole or in part, that would have an effect substantially equivalent to a reclassification of property, alter any use, density limit, maximum floor area ratio, or bulk of a building or structure not expressly permitted by the provisions of this title for the District or Districts in which the property in question is located, grant a privilege for which a conditional use procedure is provided by this title, or would change a definition in this title. A Variance is not a vested right and is granted upon the discretion of the Planning Commission. The burden of proof for satisfying the requirements for granting of a Variance, as stated in this title, rests with the applicant.

(C) Review Authority: The Planning Commission shall have authority to grant variances, pursuant to the provisions of this Chapter, and to specify terms and conditions thereof. 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 zone in which subject property is situated, and such other conditions as the Planning Commission deems necessary to carry out the purposes of this Ordinance.

(D) Application Requirements:

1. Procedure; Revocation; Modification:

(a) The procedure for application for variances and the review and issuance thereof, shall be as provided in Section 11-6-2 .

(b) Variances may be revoked or modified in the manner and under the conditions set forth in Section 11-6-11

(E) Public Notice: All applications for Variances shall require a public notice pursuant to the noticing procedures in Section 11-7-9

(F) Required Findings: The applicant for a variance shall show, and before a variance may be granted the Planning Commission shall find, as follows:

1. That because of special circumstances applicable to subject property, including size, shape, topography, location or surrounding, the strict application of this title deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

2. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located.

3. The strict application of the provisions of this title would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships.

4. That the granting of such variance will not adversely affect the general plan or the purposes of this title. The variance would not impair the integrity and character of the District in which it is to be located.

(G) Conditions Of Approval: In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required. (Ord. 2024-6, 6-17-2024)

11-6-11: PRE-ZONING:

An unincorporated property within the City's sphere of influence shall be pre-zoned to the zoning district that would apply upon annexation to the City per LAFCo requirements for annexation in the City.

(A) Initiation And Processing: A prezoning shall be initiated, processed and approved or disapproved in the same manner as provided for other amendments by this Chapter and in coordination with LAFCo.

(B) Application Of Official Zoning Designation: Upon the effective date of annexation, the zoning designation established by prezoning shall become the official zoning for the property and shall be so designated on the Zoning Map. (Ord. 2024-6, 6-17-2024)

11-6-12: PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS:

Any discretionary, ministerial, or administrative land use permit pursuant to this chapter shall become void twelve (12) months following the date on which the land use permit became effective unless, by conditions of the land use permit, a lesser or greater time is prescribed, or unless, prior to the expiration, a development-related permit is issued by the City, and construction has commenced and is being diligently pursued in accordance with the land use permit. Failure to utilize any use permit granted by the City within twelve (12) months after the effective date of issuance unless a written request for extension is submitted to the Planning Commission thirty (30) days prior to the expiration of the permit. The Planning Commission shall review the request at its next regular meeting and may grant or conditionally grant an extension as it deems appropriate. (Ord. 2024-6, 6-17-2024)