The intent and purpose of the Q qualified development overlay
zone is to supplement the underlying zoning by providing additional
regulations for development within designated areas to:
(1)
Require that property development criteria are used to insure compliance
with the general plan and any applicable master plan or specific plan;
(2)
Provide that development will be compatible with surrounding developments,
both existing and proposed;
(3)
Insure that development occurs with due regard to environmental factors;
(4)
Allow a property to be granted a particular zone where some or all
of the permitted uses would be appropriate to the area only in certain
cases with the addition of specific conditions;
(5)
Provide for public improvements necessitated by the development;
(6)
Promote orderly, attractive and harmonious development, and promote
the general welfare by preventing the establishment of uses or erection
of structures which are not properly related to or which would adversely
impact their sites, surroundings, traffic circulation or environmental
setting;
(7)
Provide a process for the review and approval of site development
plans as called for by this chapter or other provisions of this title.
(Ord. 9425 § 3, 1975; Ord. 9739 § 1, 1984; Ord. NS-765 § 1, 2005; Ord. CS-317 § 6, 2017)
(a)
It is intended that the Q zone be placed on properties with unique
circumstances. Examples of situations that are considered unique include
but are not limited to the following:
(1)
Special treatment areas as indicated in the general plan;
(2)
Commercial zones that are in close proximity and relationship with
residentially zoned properties;
(3)
Property proposed to be developed within a floodplain;
(4)
Property proposed to be developed as hillside development or other
physically sensitive areas;
(5)
Property where development could be detrimental to the environment,
or the health, safety and general welfare of the public.
(b)
The requirements of this chapter shall not apply to adult businesses
that are located on properties in the Q zone.
(Ord. 9425 § 3, 1975; Ord. CS-063 § II, 2009)
(a)
Subject to the provisions of subsection (b), in the Q qualified development overlay zone, any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted, subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter.
(b)
Notwithstanding subsection (a) of this section, no development or use shall be permitted unless the decision-making authority finds:
(1)
That the proposed development or use is consistent with the general
plan and any applicable master plan or specific plan, complies with
all applicable provisions of this chapter, and all other applicable
provisions of this code;
(2)
That the requested development or use is properly related to the
site, surroundings and environmental settings, will not be detrimental
to existing development or uses or to development or uses specifically
permitted in the area in which the proposed development or use is
to be located, and will not adversely impact the site, surroundings
or traffic circulation;
(3)
That the site for the intended development or use is adequate in
size and shape to accommodate the use;
(4)
That all of the yards, setbacks, walls, fences, landscaping, and
other features necessary to adjust the requested development or use
to existing or permitted future development or use in the neighborhood
will be provided and maintained;
(5)
That the street system serving the proposed development or use is
adequate to properly handle all traffic generated by the proposed
use; and
(6)
The proposed development or use meets all other specific additional
findings as required by this title.
(Ord. 9425 § 3, 1975; Ord. 9739 § 2, 1984; Ord. NS-765 § 1, 2005; Ord. CS-178 § III, 2012)
Unless specifically exempted from the requirements of this chapter,
no building permit or other entitlement shall be issued for any development
or use in the Q zone unless there is a valid minor site development
plan or site development plan approved for the property.
(Ord. 9425 § 3, 1975; Ord. CS-317 § 7, 2017)
The following developments or uses are exempted from the site
development plan requirements:
(1)
One single-family residential structure may be constructed or enlarged
on any residentially zoned lot;
(2)
One office building of less than one thousand square feet may be
constructed on any commercially or industrially zoned lot;
(3)
One enlargement of less than one thousand square feet of any existing
commercial or industrial building on any commercially or industrially
zoned lot.
(Ord. 9425 § 3, 1975; Ord. CS-317 § 7, 2017)
(a)
An application for a minor site development plan or site development
plan may be made by the owner of the property affected or the authorized
agent of the owner. The application shall:
(1)
Be made in writing on a form provided by the City Planner;
(2)
State fully the circumstances and conditions relied upon as grounds
for the application; and
(3)
Be accompanied by adequate plans, a legal description of the property
involved and all other materials as specified by the City Planner.
(b)
At the time of filing the application, the applicant shall pay the
application fee contained in the most recent fee schedule adopted
by the City Council.
(Ord. 9425 § 3, 1975; Ord. 1256 § 7, 1982; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-317 § 7, 2017)
A.
Notice
of an application for a minor site development plan shall be given
pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of
this title.
B.
Notice
of an application for a site development plan shall be given pursuant
to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. 9425 § 3, 1975; Ord. 9568 § 2, 1980; Ord. 1261 § 36, 1983; Ord. NS-675 § 81, 2003; Ord. CS-164 § 11, 2011; Ord. CS-178 § IV, 2012)
A.
Applications
for minor site development plans or site development plans shall be
acted upon in accordance with the following:
1.
Minor
Site Development Plan.
a.
An application for a minor site development plan may be approved,
conditionally approved or denied by the City Planner based upon his/her
review of the facts as set forth in the application, the circumstances
of the particular case, and evidence presented at the administrative
hearing, if one is conducted pursuant to the provisions of Section
21.54.060.B.2 of this title.
2.
Site
Development Plan.
a.
An application for a site development plan may be approved, conditionally
approved or denied by the Planning Commission based upon its review
of the facts as set forth in the application, the circumstances of
the particular case, and evidence presented at the public hearing.
(Ord. 9425 § 3, 1975; Ord. 1256 § 7, 1982; Ord. 9739 § 3, 1984; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § IV, 2012)
When a decision on a minor site development plan or site development plan is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.
(Ord. 9425 § 3, 1975; Ord. CS-178 § IV, 2012)
(Ord. 9425 § 3, 1975; Ord. 207 § 8, 1992; Ord. NS-402 § 6, 1997; Ord. NS-765 § 1, 2005; Ord. CS-178 § IV, 2012)
A.
The expiration period for an approved minor site development plan or site development plan shall be as specified in Section 21.58.030 of this title.
(Ord. 9425 § 3, 1975; Ord. CS-178 § IV, 2012)
Property in the Q zone shall be subject to the development standards
required in the underlying zone and any applicable master plan or
specific plan, except for affordable housing projects as expressly
modified by the site development plan. The site development plan for
affordable housing projects may allow less restrictive development
standards than specified in the underlying zone or elsewhere, provided
that the project is in conformity with the general plan and adopted
policies and goals of the city, it would have no detrimental effect
on public health, safety and welfare, and, in the coastal zone, any
project processed pursuant to this chapter shall be consistent with
all certified local coastal program provisions, with the exception
of density. In addition, the City Planner in approving a minor site
development plan, or the Planning Commission or the City Council in
approving a site development plan may impose special conditions or
requirements which are more restrictive than the development standards
in the underlying zone or elsewhere that include provisions for, but
are not limited to, the following:
1.
Special
setbacks, yards, active or passive open space, required as part of
the entitlement process;
2.
Special
height and bulk of building regulations;
3.
Fences
and walls;
4.
Regulation
of signs;
5.
Additional
landscaping;
6.
Special
grading restrictions;
7.
Requiring
street dedication and improvements (or posting of bonds);
8.
Requiring
public improvements either on or off the subject site that are needed
to service the proposed development;
9.
Time
period within which the project or any phases of the project shall
be completed;
10.
Regulation of point of ingress and egress;
11.
Architecture, color, texture, materials and adornments;
12.
Such other conditions as deemed necessary to insure conformity with
the general plan and other adopted policies, goals or objectives of
the city.
(Ord. 9425 § 3, 1975; Ord. CS-178 § IV, 2012)
The Q zone may be placed on any size or dimensioned, legally
created lot.
(Ord. 9425 § 3, 1975; Ord. CS-178 § IV, 2012)
A.
After
approval the applicant shall submit a reproducible copy of the minor
site development plan or site development plan which incorporates
all requirements of the approval to the City Planner. Prior to signing
the final minor site development plan or site development plan, the
City Planner shall determine that all applicable requirements have
been incorporated into the plan.
B.
The
final signed minor site development plan or site development plan
shall be the official site layout plan for the property and shall
be attached to any application for a grading and/or a building permit
on the subject property.
(Ord. 9425 § 3, 1975; Ord. NS-352 § 1, 1996; Ord. NS-506 § 1, 1999; Ord. NS-675 § 11, 2003; Ord. CS-178 § IV, 2012)
