This chapter is intended to provide a procedure by which the
Director or Commission may consider the appropriateness of a request
to waive certain requirements of a project as provided in this Development
Code.
(Prior code § 16-590.010; Ord. 023-07 C.S. § 120)
A.
Director. The Director is the Review Authority for those waivers identified in this Development Code as requiring the approval of the Director. The decision of the Director is subject to appeal in compliance with Chapter 16.100 (Appeals). The Director may approve the request or may defer action and refer the request to the Commission.
(Prior code § 16-590.020; Ord. 023-07 C.S. § 120)
A.
Filing. An application for a waiver shall be completed, filed with the Department, and processed in compliance with Chapter 16.96 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment) and the intent of provisions for the waiver. Review of the application may include referral to City staff and specialists and on-site inspection of the subject parcel, if necessary.
C.
Director's Action. For projects in which the Director is the
final Review Authority, the Director shall:
1.
Environmental Determination. Make an environmental determination in compliance with Section 16.88.040 (Environmental determination); and
2.
Application. Take one of the following actions on the
application:
a.
Decision. Approve, approve with conditions, or deny the waiver in compliance with Section 16.88.050(A) (Review without notice procedure).
b.
Defer. Defer action and refer the application to the
Commission for final decision.
D.
Commission Decision. For projects in which the Commission
is the final Review Authority or the application has been referred
by the Director, the Commission shall:
1.
Environmental Determination. Make an environmental determination in compliance with Section 16.88.040 (Environmental determination); and
2.
Application. Approve, approve with conditions, or deny the waiver in compliance with Section 16.88.050(A) (Review without notice procedure).
E.
Noticing Not Required. A public notice shall not be required
for a waiver.
(Prior code § 16-590.030; Ord. 023-07 C.S. § 120)
The Review Authority shall base its determination on the written
findings of fact, as listed below. It is the responsibility of the
applicant to establish evidence in support of the required findings.
The Review Authority may approve the waiver, with or without conditions,
only if all of the following findings of fact can be made:
A.
The
granting of the waiver shall enable the site to be utilized so that
specific standards can be addressed without creating undue hardship;
B.
The
granting of the waiver shall allow for the economic viability and
use of the site;
C.
The
granting of the waiver, with conditions that are imposed, will not
be detrimental to the public convenience, health, interest, safety,
or general welfare of the City or injurious to the property or improvements
in the zone or neighborhood in which the property is located;
D.
The
granting of the waiver will be consistent with the general land uses,
objectives, policies, and programs of the General Plan, any applicable
specific plan, precise road plan, or master development plan, and
the intent of this Development Code;
E.
The
granting of the waiver will not conflict with applicable provisions
of the latest edition of the California Building Code and Fire Code
and other applicable Federal, State, and local laws and regulations;
and
F.
The
granting of the waiver will be in compliance with the provisions of
the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines.
(Prior code § 16-590.040; Ord. 023-07 C.S. § 120)
The Director shall provide written notice of the decision of
the waiver application to the applicant and interested parties within
10 days following the final date of the decision.
(Prior code § 16-590.050; Ord. 023-07 C.S. § 120)
In approving a waiver, the requirements of this Development Code are considered a minimum and the applicable Review Authority may impose specific development conditions relating to both on- and off-site improvements, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.176.040 (Findings and decision), and to carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-590.060; Ord. 023-07 C.S. § 120)
Unless otherwise stated below, the requirements for the use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; maintenance; effective date and review of the project following approval of a waiver shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply:
B.
Changes to a Waiver. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project).
(Prior code § 16-590.070; Ord. 023-07 C.S. § 120)
