The Board shall hear and decide applications for model homes.
(A) The following conditions shall be imposed upon the construction of model homes:
(1) Prior to the issuance of building permits for any model home, the subdivider shall obtain City Council approval of a final map for all lots to be improved with model homes. The subdivider shall include improvement, grading, drainage and traffic control plans with final map submittal. All necessary subdivision agreements, securities and fees shall be posted prior to City Council approval;
(2) Prior to issuance of a building permit for model home use, the subdivider shall submit a proposed nonresidential agreement as specified in § 16.30.040 to the City Council for approval;
(3) Prior to certificate of occupancy for model home use, the developer shall submit to the City Engineer as-built grading plans and a letter of monumentation, both prepared by a registered civil engineer;
(4) Temporary improvements for model homes must be replaced with permanent improvements if determined by the Public Works Director to be needed to serve other phases in the subdivision, when all lots in the subdivision are recorded or when the tentative subdivision map expires, whichever occurs first;
(5) The developer shall post a cash deposit or other form of security approved by the Public Works Director in an amount determined by the Public Works Director to guarantee conversion of temporary improvements;
(6) Model home flags shall be governed by § 17.74.110 with the exception that time limits shall be for the same term as the model home permit;
(7) Such other conditions deemed necessary by the Board of Zoning Adjustment;
(a) All other provisions of this section are met, including but not limited to the submission to plan check of improvement grading, drainage and traffic control plans and required fees;
(b) Additional security is also submitted in an amount necessary to assure the removal of any model home and concomitant temporary improvement, if a final map legally dividing the parcel on which the model home is located is not approved within one year of permit issuance. This section is permitted by the Subdivision Map Act because no land is being divided for the purpose of sale, lease or financing in connection with the temporary permitting of model homes hereunder;
(9) Model home permits shall be approved for an initial time period of three years from issuance of certificate of occupancy for the models. At the conclusion of this time period, the developer may apply for an extension of time under the amendment provisions of this chapter. Extensions of time may be granted for a reasonable period of time to allow completion of sales, up to a maximum of three years.
(B) The following findings shall be made by the Board before a model home permit can be granted:
(1) That the use applied for at the location set forth in the application is properly one for which a model home permit is authorized by this title;
(2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;
(3) That the site for the intended use is adequate in size and shape to accommodate said use and all of the yards, setbacks and walls or fences, landscaping and other features are consistent with the zoning regulations for that site;
(4) That the site for the proposed use relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use;
(5) That the site access has been designed to minimize conflicts between the model homes and construction traffic.
(`78 Code, § 17.98.040.) (Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)