A. 
The administrator may approve, approve with conditions, or deny the following without notice:
1. 
Boundary (lot) line adjustments.
2. 
Extension of time for approval.
3. 
Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not (a) affect overall project character, (b) increase the number of lots, dwelling units, or density, or (c) decrease the quality or amount of open space.
4. 
Home occupations and other accessory uses in single-family zones.
5. 
Minor adjustment to yard requirements in residential zones, C-1 general commercial, C-2 general commercial mobile home, WD waterfront, and I industrial zones where the administrator may allow development to encroach up to two feet into a required yard setback when it is determined that strict application of the setback requirement may cause an undue hardship and there are not impacts on adjacent properties.
6. 
Required findings for nonconforming use permits. The city shall grant a nonconforming use permit if documentary evidence is provided by the applicant to support the planning commission’s findings that:
a. 
Granting a nonconforming use permit is necessary to adapt the nonconforming use and associated structures to changes in technology, merchandising, or other generally recognized trends which affect the utility of structures or the applicant’s ability to compete;
b. 
Granting a nonconforming use permit will not introduce any (additional) hazards or interfere with the potential development of nearby properties in accordance with present zoning regulations;
c. 
The nonconforming use and associated structures will comply with the requirements of SGC § 22.25.050(B);
d. 
The applicant’s proposal will result in improvements in functionality or safety, or in exterior appearance, screening, access and other features which will make the use or structure more compatible with allowed uses; and
e. 
Granting a nonconforming use permit will not detract from the intent of the comprehensive plan and any implementing regulation.
B. 
Administrator’s decisions under this section shall be final on the date issued.
(S.G.C. 22.30.150; Ord. 02-1683 § 4, 2002; Ord. 03-1746 § 4, 2003; Ord. 04-60 § 4(J), 2004; Ord. 16-28 § 4, 2016)
Planning commission decision and action authority is defined in SGC § 22.10.050.
A. 
Staff report. The administrator shall prepare a staff report on the proposed development or action summarizing any comments, analysis, and recommendations of city departments, affected agencies and special districts, evaluating the development’s consistency with the comprehensive plan, code, and other adopted plans and regulations. The staff report may include findings, conclusions or proposed recommendations for disposition of the development application.
B. 
Hearing. The planning commission shall conduct a public hearing on development proposals for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the city’s comprehensive plan, code, and other adopted plans and regulations. Notice of the planning commission hearing shall be in accordance with Article IV of this chapter.
C. 
Required findings for conditional use permits.
1. 
The planning commission shall not approve a proposed development unless it first makes the following findings and conclusions:
a. 
The city may use design standards and other elements in this code to modify the proposal. A conditional use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record that the granting of the proposed conditional use permit will not:
i. 
Be detrimental to the public health, safety, and general welfare;
ii. 
Adversely affect the established character of the surrounding vicinity; nor
iii. 
Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.
b. 
The granting of the proposed conditional use permit is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan and any implementing regulation.
c. 
All conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.
d. 
The proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard.
e. 
The conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.
f. 
Burden of proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in subsection B of this section.
2. 
The city may approve, approve with conditions, modify, modify with conditions, or deny the conditional use permit. The city may reduce or modify bulk requirements, off-street parking requirements, and use design standards to lessen impacts, as a condition of the granting of the conditional use permit. In considering the granting of a conditional use, the assembly and planning commission shall satisfy themselves that the general criteria set forth for uses specified in this chapter will be met. The city may consider any or all criteria listed and may base conditions or safeguards upon them. The assembly and planning commission may require the applicant to submit whatever reasonable evidence may be needed to protect the public interest. The general approval criteria are as follows:
a. 
Site topography, slope and soil stability, geophysical hazards such as flooding, surface and subsurface drainage and water quality, and the possible or probable effects of the proposed conditional use upon these factors;
b. 
Utilities and service requirements of the proposed use, including sewers, storm drainage, water, fire protection, access and electrical power; the assembly and planning commission may enlist the aid of the relevant public utility officials with specialized knowledge in evaluating the probable effects of the proposed use and may consider the costs of enlarging, upgrading or extending public utilities in establishing conditions under which the conditional use may be permitted;
c. 
Lot or tract characteristics, including lot size, yard requirements, lot coverage and height of structures;
d. 
Use characteristics of the proposed conditional use that affect adjacent uses and districts, including hours of operation, number of persons, traffic volumes, off-street parking and loading characteristics, trash and litter removal, exterior lighting, noise, vibration, dust, smoke, heat and humidity, recreation and open space requirements;
e. 
Community appearance such as landscaping, fencing and screening, dependent upon the specific use and its visual impacts.
D. 
Required findings for variances.
1. 
Required findings for variances involving major structures or expansions. Before any variance is granted, it shall be shown:
a. 
That there are special circumstances to the intended use that do not apply generally to the other properties. Special circumstances may include the shape of the parcel, the topography of the lot, the size or dimensions of the parcels, the orientation or placement of existing structures, or other circumstances that are outside the control of the property owner;
b. 
The variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties but are denied to this parcel; such uses may include the placement of garages or the expansion of structures that are commonly constructed on other parcels in the vicinity;
c. 
That the granting of such a variance will not be materially detrimental to the public welfare or injurious to the property, nearby parcels or public infrastructure;
d. 
That the granting of such a variance will not adversely affect the comprehensive plan.
2. 
Required findings for minor expansions, small structures, fences, and signs.
a. 
The municipality finds that the necessary threshold for granting this variance should be lower than thresholds for variances involving major structures or major expansions;
b. 
The granting of the variance is not injurious to nearby properties or improvements;
c. 
The granting of the variance furthers an appropriate use of the property.
E. 
Required findings for appeals. Appeals of any decisions regulated by this title shall only be granted when the designated appeal body determines that the subject permit approval or denial was in error. The appeal body shall base its decision on new evidence or proof of procedural error in the prior action. The appellant shall bear the burden of proving that the decision was in error.
F. 
Required findings for code amendments. Article VIII of this chapter contains standards for amendments to administrative permits, special use permits, the development standards, and the official map.
(S.G.C. 22.30.160; Ord. 02-1683 § 4, 2002; Ord. 04-60 §§ 4(J), (K), (L), 2004; Ord. 15-51 § 4, 2015)
A. 
Actions. Upon receiving a recommendation from the planning commission or notice of any other matter requiring the assembly’s attention, the assembly shall perform the following actions as appropriate:
1. 
Hold a public hearing and make a decision on the following matters:
a. 
Appeal of administrative interpretations.
b. 
Appeal of administrative approvals.
c. 
Appeal of enforcement actions by the administrator.
d. 
Other matters not prohibited by law.
e. 
Amendments to the comprehensive plan, zoning code, official map, or subdivision code.
B. 
Decisions. The assembly shall make its decision by motion or ordinance as appropriate.
1. 
An assembly decision on a planning commission recommendation or following a public hearing shall include one of the following actions:
a. 
Approve as recommended.
b. 
Approve with additional conditions.
c. 
Modify, with or without the applicant’s concurrence; provided, that the modifications do not:
i. 
Enlarge the area or scope of the project.
ii. 
Increase the density or proposed building size.
iii. 
Significantly increase adverse environmental impacts as determined by the responsible official.
d. 
Deny (reapplication or resubmittal is permitted).
e. 
Deny with prejudice (reapplication or resubmittal is not allowed for one year).
f. 
Remand for further proceedings.
2. 
An assembly decision following a closed record appeal hearing shall include one of the following actions:
a. 
Grant the permit or appeal in whole or in part.
b. 
Deny the permit or appeal in whole or in part.
c. 
Remand for further proceedings.
(S.G.C. 22.30.170; Ord. 02-1683 § 4, 2002)
Public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The chair shall open the public hearing and, in general, observe the following sequence of events:
A. 
Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
B. 
Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.
C. 
Testimony or comments by the public germane to the matter. Questions directed to the staff or the applicant shall be posed by the chair at its discretion.
D. 
Rebuttal, response or clarifying statements by the staff and the applicant.
E. 
The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it.
(S.G.C. 22.30.180; Ord. 02-1683 § 4, 2002)
A party to a public hearing or closed record appeal may seek reconsideration only of a final decision by filing a written request for reconsideration with the administrator within 14 calendar days of the oral announcement of the final decision. The assembly shall consider the request at its next regularly scheduled meeting. If the request is denied, the previous action shall become final. If the request is granted, the assembly body may immediately revise and reissue its decision or may call for argument in accordance with the procedures for closed record appeals.
(S.G.C. 22.30.190; Ord. 04-60 § 4(M), 2004)
In the event the assembly determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the assembly may remand the matter back to the hearing body. The assembly shall specify the items or issues to be considered and the time frame for completing the additional work. The assembly may hold a public hearing on a closed record appeal only for the limited purposes identified in the remand.
(S.G.C. 22.30.200; Ord. 02-1683 § 4, 2002)
The final decision of the assembly or hearing body shall be effective on the date stated in the decision, motion, or ordinance.
(S.G.C. 22.30.210; Ord. 02-1683 § 4, 2002)