DRAFT AMENDMENTS — 7 - 6 -22
City of Merced Zoning Ordinance Page 239
Chapter 20.68 – PERMIT REQUIREMENTS
Sections:
20.68.010 Purpose
20.68.020 Conditional Use and Minor Use Permits
20.68.030 Design Review Permit
20.68.040 Minor Modification
20.68.050 Site Plan Review Permit
20.68.060 Special Project Permit
20.68.070 Variance
20.68.010 Purpose
This chapter identifies the purpose, thresholds for review, and findings for approval for each planning permit required by the Zoning Ordinance.
20.68.020 Conditional Use and Minor Use Permits
P urpose. A Conditional Use or Minor Use Permit is required for uses that are generally appropriate within a zoning district but potentially unsuitable in a particular location or in large numbers. A Conditional Use or Minor Use Permit is a discretionary action that enables the City to ensure that a proposed use is consistent with all General Plan goals and policies and will not create negative impacts to adjacent properties or the general public.
A pplication Submittal and Review . Application fo r a Conditional Use or Minor Use Permit shall be filed and reviewed in compliance with Chapter 20.66 (Permit Application and Review).
Revi ew Authority.
1. Conditional Use Permits. The Planning Commission shall take action on all Conditional Use Permit applications. At least four (4) members of the Planning Commission shall be required to vote to approve a Conditional Use Permit; otherwise, the Permit is deemed denied.
2. Minor Use Permits.
a. The Director of Development Services shall take action on all Minor Use Permit applications.
b. T
he Director of Development Services may refer any Minor Use P ermit application to the Planning Commission for review and final decision.
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CHAPTER 20.68 PERMIT REQUIREMENTS
Public Notice and Hearing.
1. Public notice and hearing for a Conditional Use Permit shall be provided in compliance with Chapter 20.70 (Public Notice and Hearing).
2. No public notice or hearing is required for a Minor Use Permit although all records relating to the permit shall be public records and shall be available for review upon request.
Findings for Approval. The review authority may approve an application for a Conditional Use or Minor U se Permit application only if all of the following findings can be made:
1. The proposed use is consistent with the
purpose and standards of the zoning district, the
General Plan, and any adopted area or neighborhood
plan, specific plan, or community plan.
2. The location, size, design, and operating
characteristics of the proposed use will be
compatible with the existing and future land uses in
the vicinity of the subject property.
3. The proposed use will not be detrimental to
the public health, safety, and welfare of the City.
4. The proposed use is properly located within the City and adequately served by existing or planned services and infrastructure.
Conditions of Approval . The review authority may attach conditions to the approval of a Conditional Use or Minor Use Permit as needed to ensure compliance with the General Plan, Zoning Ordinance, Merced Municipal Code, City Design Standards, or any applicable specific plan , community plan, or area plan, policy, or ordinance adopted by the City.
Appeals. Decisions on Conditional Use and Minor
Use Permits may be appealed as provided for in
Chapter 20.74 (Appeals).
Post-Decision Procedures . Procedures and
requirements relating to effective dates, time limits,
changes to approved projects, resubmittals, and
permit revocation shall apply to Cond itional and
Minor Use Permit s as provided in Chapter 20.72
(Post-Decision Procedures).
Time Limits. If not exercised within 5 years of approval, the Conditional Use Permit shall expire. Time exten sions of up to 2 years may be approved by the Director of Development Services. (Refer to Section 20.72.060(B) and (C) for definition of “exercised” and time extension procedures.)
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20.68.030 Design Review Permit
Purpose. A Design Review Permit is required for most types of development in portions of Downtown Merced and areas directly west of the Downtown area, see Figure 20.68 -1 (Design Review Boundaries) . A Design Review Permit is a discretionary action that enables t he Planning Commission and staff to ensure high quality development that enhances the visual qualities of Merced and creates and supports the City’s economic development objectives.
Applicability.
1. A Design Review Permit shall be required for the establishment of all new structures and modifications to existing structures within area identified in Figure 20.68-1, except for:
a. Single-family detached dwellings;
b. Structures accessory to single-family detached dwellings; and, c. Structures located in the I -L and I -H zoning districts, which are subject to Site Plan Review Permits (Section 20.68.050) instead.
2. A legal description of the area subject to Design Review Permit approval can be found in City Council Ordinance No. 2409 approving Zonin g Ordinance Amendment No. 13-01 on June 17, 2013.
FIGURE 20.68-1 DESIGN REVIEW BOUNDARIES
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Review Authority.
1. Planning Commission. The Planning Commission shall take action on all Design Review Permit applications except as specified in Sections 2 and 3 below. At least four (4) members of the Planning Commission shall be required to vote to approve a Design Review Permit; otherwise, the Permit is deemed denied.
2. Development Services Department . Development Services Department staff shall take action on Design Review Permit applications for the following projects:
a. Change in exterior wall paint color.
b. Installation of new signage and maintenance
of existing signage, including new copy,
painting, repair, and replacement of defective
sign parts that does not alter the basic copy,
design, or structure of the sign.
c. Any items referred to staff following Planning
Commission review.
d. Minor modifications to Design Review Permits
approved by the Planning Commission or Site Plan Review Committee which do not alter the basic design or structure of the project. e. Façade improvements to existing structures which do not increase the floor area of the structure by more than 5 percent.
f. New structures less than 10,000 square feet that are deemed by the Director of Development Services to be minor in nature.
3. Staff Referral. The Director of Development Services may choose to refer any Design Review Permit application for review and final action by the Planning Commission.
Application Submittal and Review. Application for a Design Review Permit shall be filed and reviewed in compliance with Chapter 20.66 (Permit Application and Review).
Public Notice and Hearing . Public Notice and hearing for a Design Review Permit shall be provided in compliance with Chapter 20.70 (Public Notice and Hearing).
Public hearings are only required for those Design Review Permits which go to the Planning Commission for approval, not staff-level reviews.
Features to Consider. When reviewing a Design Review Permit application, the City may consider, but is not limited to, the following features of the project design:
1. The location of all structures on the property and compatibility with surrounding uses.
2. Proposed and existing landscaping, fencing, and other screening materials.
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3. Design of all circulation, parking and loading facilities for vehicles, bicycles, pedestrians, and transit.
4. Screening of refuse facilities, utility meters, and mechanical equipment.
5. Building and site design, including exterior colors and architecture style.
6. Design and location of public
infrastructure including curb cuts, curbs,
gutters, sidewalks, sidewalk design,
drainage, and fire hydrants.
7. Location, design , and intensity of
all onsite exterior lighting.
8. Location and de sign of address
system and graphics for mail delivery
system.
9. Design of all open space areas.
10. Design, placement, dimension, and color of all signs and exterior graphics, including sign materials, lighting, sign intensity, and temporary signs.
11. Review of design and placement of facilities for physically handicapped or persons with disabilities.
Design Review Principles. When reviewing Design Review Permit applications, the Planning Commission or City staff may consider the following Design Review principles:
1. Review of architectural character shall not be so
restrictive that individual initiative is stifled in the design of any particular building or site. Rather,
review exercised shall be the amount necessary
to achiev e the overall purpose and objective of
the Design Review process.
2. Good architectural character is based upon the
suitability of a building and site for its purposes;
upon the appropriate use of sound materials,
good relationship with other structures, and the
character of the C ity; and upon the principles of harmony, preparation and design in the elements of the building and site.
3. Review of sign graphics shall be based upon suitability of the sign colors, placement, design to overall building design, and adjacent sign themes. The Planning Commission or City staff shall consider the extent, design and location of all temporary signs as well as permanent signs in the review of sign graphics.
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CHAPTER 20.68 PERMIT REQUIREMENTS
Findings. The review authority may approve an application for a Design Review Permit application only if all of the following findings can be made:
1. The proposed project is consistent with the
General Plan, and any adopted area, community,
specific, or neighborhood plan.
2. The proposed project complies with all
applicable provisions of the Zoning Code and
Municipal Code.
3. The design and layout of the proposed
project will not interfere with the use and enjoyment
of existing and future neighboring properties and
structures.
4. The proposed building design makes use of
appropriate materials, texture and color, and will remain aesthetically appealing and appropriately maintained.
5. The proposed design will not be
materially detrimental to the public
health, safety, or welfare, or be
injurious to the pr operty or
improvements in the vicinity of the
proposed project.
Conditions of Approval . The review
authority may attach conditions to the
approval of a Design Review Permit as
needed to ensure compliance with the
General Plan, Zoning Ordinance, Merced
Municipal Code, City Design Standards, or
any applicable specific plan , community plan,
or area plan, policy, or ordinance, adopted by
the City.
Appeals. Decisions on Design Review
Permits may be appealed as provided for in
Chapter 20.74 (Appeals).
Post-Decision Procedures . Procedures and
requirements relating to effective dates, time limits, changes to approved projects, resubmittals, and permit revocation shall apply to Design Review Permits as provided in Chapter 20.72 (Post-Decision Procedures). .
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City of Merced Zoning Ordinance Page 245
20.68.040 Minor Modification
Purpose. A Minor Modification allows for small deviations from development standards to accommodate projects which meet the needs of property owners, are consistent with the purpose of the Zoning Ordinance and General Plan, and do not negatively impact neighboring properties or the community at large.
Applicability.
Permitted Modifications. A Minor Modification may be granted to allow for a maximum 10 percent deviation from a physical development standard that applies to the subject property. Types of physical development standards eligible for a Minor Modification include:
a. Maximum height of buildings, fences,
walls, and other structures;
b. Minimum and maximum setbacks from
property lines;
c. Maximum lot coverage;
d. Dimensional standards for parking spaces,
driveways, parking lots, and loading areas;
and,
e. Other similar dimensional standards as determined by the Director of Development Services.
Excluded Modifications. Minor Modifications shall not be granted for:
a. Lot area, width, or depth; or,
b. Minimum number of off-street parking spaces; or,
c. Maximum residential density.
Review Authority.
1. The Director of Development Services shall take action on requested Minor Modifications.
2. The Director of Development Services may choose to refer any Minor Modification application to the Planning Commission for review and final decision.
Application Submittal and Review. An application for a Minor Modification shall be filed and revi ewed in compliance with Chapter 20.66 (Permit Application and Review). The application shall include the information and materials specified by the Development Services Department, together with all required application fees.
No Public Notice and Hearing. No p ublic notice and hearing shall be required for a Minor Modification application although all records relating to the modification shall be public records and shall be available for review upon request.
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CHAPTER 20.68 PERMIT REQUIREMENTS
Findings for Approval. To approve a Minor Modification application, the Director of Development Services shall make all of the following findings:
The modification will be compatible with adjacent
structures and uses and is consistent with the character of the neighborhood or district where it is located.
The modification will not adversely impact neighboring
properties or the community at large.
The modification is necessary due to unique characteristics of the subject property, structure, or use.
Unique characteristics necessitating the modification generally do not apply to other properties in the vicinity or in the same zoning district as the subject property.
There are no feasible design alternatives that meet the project objectives while eliminating the need for the requested modification.
The modification will be consistent with the purpose of the zoning district, the General Plan, and any adopted area, community, or neighborhood plan.
The modification will not establish an undesirable precedent.
Conditions of Approval. The granting of a Min or Modification for approval by the Director of Development Services may include such conditions as deemed reasonable and necessary to carry out the intent of this chapter, the Zoning Code, Merced Municipal Code, and the General Plan.
20.68.050 Site Plan Review Permit
Purpose. A Site Plan Review Permit is a discretionary
action that enables the City to determine a project’s
compliance with the Zoning Ordinance and ensure that it will not create negative impacts to adjacent properties or the general public.
Applicability. The following uses and structures require a Site Plan Review Permit:
1. All uses as shown in Part 2 (Zoning District Standards), and,
2. All proposed uses and structures within the Light Industrial (I -L) and Heavy Industrial (I-H) zoning districts.
Review Authority.
1. The Site Plan Review Committee shall take action on all Site Plan Review Permits.
2. The Site Plan Review Committee may refer any Site Plan Review Permit application to the Planning Commission for review and final decision.
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City of Merced Zoning Ordinance Page 247
Application Submittal and Review. Application for a Site Plan Review Permit shall be filed and reviewed in compliance with Chapter 20.66 (Permit Application and Review).
Public Notice and Hearing. No p ublic notice and hearing for a Site Plan Review Permit shall be provided in compliance with Chapter 20.70 (Public Notice and Hearing), except for:
1. T hose properties that are directly adjacent to
any residentially zoned property in the City; or,
2. Site Plan Review Permits required for Interface
(Chapter 20.32).
In th ose cases, public notice shall be given to those
directly adjacent properties at least 10 days prior to the Site Plan Review Meeting.
Findings for Approval. The Site Plan Review Committee may approve an application for a Site Plan Review Permit only if all of the following findings can be made:
1. The proposed project is consistent with the General Plan, and any adopted area, specific, community, or neighborhood plan.
2. The proposed project complies with all applicable provisions of the Zoning Ordinance and Municipal Code.
3. The design and layout of the proposed project will not interfere with the use and enjoyment of existing and future neighboring properties and structures.
4. The proposed architectural design makes use of appropriate materials, te xture and color, and will remain aesthetically appealing and appropriately maintained.
5. Any proposed landscaping design, including color, location, size, texture, type, and coverage of plant materials, as well as provisions for irrigation, maintenance, and protection landscaping elements, will complement structures and provide an attractive environment.
6. The proposed design will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity of the proposed project.
Appeals. Decisions on Site Plan Review Permits may be appealed as provided for in Chapter 20.74 (Appeals).
Post-Decisions Procedures. Procedures and requirements relating to effective dates, time limits, changes to approved projects, resubmittals, and permit revocation shall apply to Site Plan Review Permits as provided in Chapter 20.72 (Post-Decision Procedures).
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CHAPTER 20.68 PERMIT REQUIREMENTS
20.68.060 Special Project Permit
Purpose. The Special Project Permit allows for high quality development that deviates from development standards required by the applicable zoning district.
The Special Project Permit is intended to promote creativity in building design and innovation in development concepts in a manner consistent with the General Plan.
The Special P roject Permit provides applicants with enhanced flexibility to take advantage of unique site characteristics to develop projects that will provide public benefits and enhance the quality of life in Merced.
Applicability. A Special Project Permit may be g ranted in any zoning district provided that:
1. The proposed project is located on a minimum 3-acre parcel; and,
2. The proposed land uses are consistent with the applicable General Plan land use designation.
Review Authority. The City Council shall take
action on all Special Project Permits with a
recommendation from the Planning
Commission.
Adjustment of Standards. With approval of a
Special Project Permit, the City may allow for
adjustment, up to 50 percent unless otherwise
provided for in the Code , to all physical development standards that apply to the subject property, with the exception of an increase to the allowable residential density or intensity. Examples of physical development standards include height, setbacks, open space, lot coverage, and off-street parking requirements.
Application Submittal and Review. Application for a Special Project Permit shall be filed and reviewed in compliance with Chapter 20.66 (Permit Application and Review).
Public Notice and Hearing. Public Notice and hearing for a Special Project Permit shall be provided in compliance with Chapter 20.70 (Public Notice and Hearing).
Findings for Approval. The City may approve an application for a Special Project Permit only if all of the following findings can be made:
1. The proposed project is consistent with the purpose of the zoning district, the General Plan, Zoning Ordinance, Merced Municipal Code, and any adopted area, specific, community, or neighborhood plan.
2. The proposed project will produce a development with gre ater public benefits than what might otherwise result from using the standard development regulations.
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3. Public benefits provided by the proposed project are commensurate with the requested deviation from the standard development regulations.
4. The subject p roperty is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development.
5. The proposed project will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity of the subject property.
Post-Decision Procedures. Procedures and requirements relating to effective dates, time limits, changes to approved projects, resubmittals, and permit revocation shall apply to Special Project Permits as provided in Chapter 20.72 (Post - Decision Procedures).
20.68.070 Variance
Purpose. A Variance is a discretionary permit that allows for deviation from physical development standards contained in the Zoning Ordinance. A Variance may be granted only when the strict application of development standards creates a unique hardship due to an extraordinary situation or circumstance associated with the property.
Applicability.
1. Allowable Variances. A Variance may be granted to
allow for deviation from any physical development standard that applies to the subject property. Examples of physical development standards include height, setbacks, open space, lot coverage, and off-street parking requirements.
2. Variances Not Allowed. A Variance shall not be granted to allow:
a. A land use that is prohibited in the applicable zoning district; b. Deviation in excess of 50 percent of a measureable requirement of the Zoning Ordinance;
c. Deviation from General Plan policies; or,
d. Deviation from Sign requirements in Chapter 17.36 (Signs) or Section 20.62 (Signs).
Review Authority. The Planning Commission, acting as the Board of Zoning Adjustment, shall take action on all Variance applications. At least four (4) members of the Planning Commission shall be required to vote to approve a Variance; otherwise, the Variance is deemed denied.
Application Submittal and Review. Application for a Variance shall be filed and reviewed in compliance with Chapter 20.66 (Permit Application and Review).
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Public Notice and Hearing . Public Notice and hearing for a Variance shall be provided in compliance with Chapter 20.70 (Public Notice and Hearing).
Findings for Approval. The Planning Commission may approve an application for a Variance only if all of the following findings can be made:
1. There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same
zoning district as the subject property. Unique
circumstances required for approval of a Variance
shall not include c onditions created by any act of
the property owner or occupant; personal, family,
or financial conditions; loss of prospective profits;
or neighboring violations.
2. The strict application of the Zoning Ordinance
requirements would deprive the subject property
of privileges enjoyed by other property in the
vicinity or in the same zoning district as the subject property.
3. The Variance is necessary to preserve a substantial property right posse ssed by other property in the vicinity or in the same zoning district as the subject property.
4. The Variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zoning district as the subject property.
5. The Variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zoning district as the subject property.
6. The Variance complies with applicable standards in the Zoning Ordinance, other City ordinances, the General Plan and any other applicable community , neighborhood, specific, or area plan adopted by the City.
Precedent. The approval of a Variance shall not set the precedent for the granting of any future Variance s. Each application shall be considered only on its individual merits.
Appeals. Decisions on Variances, as quasi-judicial permits, may only be appealed to a Court of Law.
Post-Decision Procedures. Procedures and requirements relating to effective dates, time limits, changes, resubmittals, and permit revocation shall apply to Variances as provided in Chapter 20.72 (Post-Decision Procedures).
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