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A. Purpose. The purpose of the minor deviation is to provide a mechanism for administrative review to allow some limited flexibility with regards to specific development standards through design solutions where specific findings can be made. Minor deviations do not apply to the use of property.
B. Applicability. Minor deviations may be granted by the approving authority for new construction and modifications to existing single-family residential structures as follows:
1. Maximum five percent (5%) of required building setback.
2. Maximum ten percent (10%) of required building height.
C. Approving Authority. The Community Development Director is the designated approving authority for minor deviations. The Community Development Director approves, conditionally approves, or denies the minor deviation in accordance with the requirements of this title.
D. Application Contents. The application for a minor deviation shall be on a form prepared as prescribed by the Community Development Director.
E. Approval Findings. The approving authority may approve an minor deviations when he or she finds as follows:
1. The deviation(s) improve the site, architectural, and/or overall project design;
2. The deviation(s) are materially consistent with the project and are compatible with surrounding uses and structures; and
3. The proposed structure complies with all applicable building and fire codes.
F. Public Hearing/Notice. The city shall provide notice and a public hearing for consideration of the approval or modification of an application for a minor deviation in accordance with Section 17.10.050 (Public Hearing and Public Notice).
G. Procedures.
1. Notice of the decision. The decision of the approving authority shall be provided to the applicant within ten (10) working days of the decision.
2. Notification to Planning Commission. After approving an application for a minor deviation, the approving authority shall advise the Planning Commission of his or her decision at their next regular meeting.
H. Appeals. Appeal of the Community Development Director action on the request for a minor deviation shall be made to the Planning Commission in accordance with the procedures specified in Section 17.10.070 (Appeals).
I. Expiration. All approved minor deviation are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose and Applicability. In accordance with California Government Code Section 65906, variances provide relief from the strict application of development standards and provisions of this title if specified findings can be made. A variance from the Zoning Code may not be granted to:
1. Allow a land use not otherwise permitted in the zoning district;
2. Increase the maximum allowed residential density except as allowed by state law;
3. Waive or reduce parking requirements by more than thirty percent (30%); or
4. Waive or modify a procedural requirement.
B. Approving Authority. The designated approving authority for a variance shall be the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title.
C. Application Contents. The application for a variance shall be on a form prepared as prescribed by the Community Development Director.
D. Public Hearing/Notice. Public hearing and notice are required for a variance pursuant to Section 17.10.050 (Public Hearing and Notice).
E. Approval Findings. The approving authority may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate that the circumstances of their particular case can justify making all of the following findings:
1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district.
2. Granting the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought.
3. Granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
4. The variance is consistent with the general plan, any applicable specific plan or development agreement, and the intent of this title.
F. Conditions of Approval. In approving a variance, the approving authority:
1. Shall impose conditions to ensure that the variance does not grant special privileges inconsistent with the limitation on other properties in the vicinity and the zoning district in which the property is located;
2. May impose any reasonable conditions (e.g., the placement, height of structures, buffers, landscaping and maintenance, off-site improvements, performance
guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this section.
G. Permit Issuance. The final action on the variance by the approving authority shall constitute approval of the variance. The variance shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).
H. Appeals. Appeal of the approving authority's action on the request for variance shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
I. Expiration. All approved variance are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of the conditional use permit is for the individual review of uses, typically having unique or unusual site development features or operating characteristics. Conditional use permits are intended to ensure compatibility with surrounding areas and uses where such uses are deemed essential or desirable to the various elements or objectives of the general plan.
B. Applicability. A conditional use permit is required for all uses specifically identified as requiring a conditional use permit in Article II. Zoning districts, allowable land uses, and development standards, and Article IV. Standards for Specific Land Uses, of this title. A conditional use permit is also required for the expansion or modification of existing nonconforming structures of uses. Applicable provisions for nonconforming uses and structures are in Chapter 17.14 (Nonconforming Uses and Structures) of this title.
C. Approving Authority. The designated approving authority for a conditional use permit is the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the conditional use permit in accordance with the requirements of this title.
D. Application Contents. The application for a conditional use permit shall be on a form prepared as prescribed by the Community Development Director.
E. Public Hearing. The city shall provide notice and a public hearing for consideration of the approval, modification, revocation or appeal of an application for a conditional use permit in accordance with Section 17.10.050 (Public Hearing and Public Notice).
F. Approval Findings.
1. General. Conditional use permits shall be granted only when the Planning Commission determines that the proposed use or activity complies with all of the following findings:
a. The proposed use is consistent with the general plan, any applicable specific plans, and all applicable provisions of this title.
b. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
c. The site of the proposed use is physically suitable for the type, density and intensity of the use and related structures being proposed.
d. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity.
2. Non-Conforming Uses. A conditional use permit shall be granted only when the designated approving authority determines that the proposed use or activity complies with all of the following findings:
a. The proposed use is consistent with the general plan, any applicable specific plans, and all applicable provisions of this title.
b. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
c. The site of the proposed use is physically suitable for the type, density and intensity of the use and related structures being proposed.
d. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity.
3. The modified or expanded nonconforming structure or uses is not incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
G. Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
H. Permit Issuance. The final action on the conditional use permit by the approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).
I. Appeals. Appeal of the approving authority's action on the request for conditional use permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
J. Expiration. All approved conditional use permits are subject to the provisions set forth in Section 17.10.100 (Permit Time Limits, Extensions, and Expiration). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of comprehensive design review is to provide a process for promoting the orderly and harmonious growth of the city, to encourage development in keeping with the desired character of the city, and to ensure physical and functional compatibility between uses. This comprehensive design review is intended to provide a process for consideration of development proposals to ensure that the design and layout of commercial, retail, industrial or institutional uses, or multi-family residential development will constitute suitable development and will not result in a detriment to the City of Pinole or to the environment.
B. Applicability. A comprehensive design review permit is required for the following items:
1. New single-family and multi-family residential development;
2. New non-residential development (e.g., commercial, office, industrial, public/quasi-public);
3. Additions to existing multi-family and non-residential structures equal to or greater than 500 square feet; and
4. Any item not listed in Section 17.12.150.C, for which the Community Development Director determines that a comprehensive design review permit is required.
C. Exemptions. The following structures and activities are exempt from comprehensive design review. However, such structures may require additional permits, such as a building permit, and plan check to ensure compliance with adopted Building Code and related construction code standards and applicable Zoning Code provisions and public works encroachment permits.
1. Accessory dwelling units, regardless of size.
2. Additions to a single-family home of less than 500 square feet when consistent with the City of Pinole Residential Design Criteria and Guidelines.
3. Additions to multi-family and non-residential structures less than five hundred (500) square feet in size.
4. Accessory structures consistent with the provisions of this title.
5. Installation of signs.
6. Repairs and maintenance to the site or existing structures that do not add to, enlarge, or expand the area occupied by the structure or the gross floor area of the structure.
7. Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure (e.g., tenant improvements).
8. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).
9. Alteration or maintenance of public park and recreation facilities.
D. Approving Authority. The designated approving authority for comprehensive design review is the Planning Commission. Comprehensive design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance). Comprehensive actions include, but are not limited to, new construction and wholesale redevelopment of existing sites.
E. Application Content. The application for a comprehensive design review shall be on a form prepared as prescribed by the Community Development Director.
F. Public Hearing/Notice. The city shall provide notice and a public hearing for continuation of the approval, modification, revocation or appeal of an application for a comprehensive design review in accordance with Section 17.10.050 (Public Hearing and Public Notice).
G. Approval Findings. A comprehensive design review permit or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:
1. The proposed project is consistent with the objectives of the general plan and complies with applicable zoning regulations, planned development, master plan or specific plan provisions, improvement standards, and other applicable standards and regulations adopted by the city;
2. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;
3. The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, are compatible with and complement the existing surrounding environment and ultimate character of the area under the general plan and applicable specific plans; and
4. Qualifying single-family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines for residential development.
H. Considerations. In conducting comprehensive design review, the designated approving authority shall consider the following:
1. Considerations relating to site layout, the orientation and location of building, signs, other structures, open spaces, landscaping, and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties.
2. Considerations relating to traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development.
3. Considerations necessary to ensure that the proposed development is consistent with the general plan and all applicable specific plans or other city plans, including, but not limited to, the density of residential units.
4. Considerations relating to the availability of city services, including, but not limited to, water, sewer, drainage, police and fire, and whether such services are adequate based upon city standards.
I. Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for comprehensive design review to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
J. Permit Issuance. The final action on comprehensive design review by the approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).
K. Appeals. Appeal of the approving authority's action on the request for a comprehensive design review permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
L. Expiration. All approved comprehensive design review permits are subject to the provisions set forth in Section 17.10.100 (Permit Time Limits, Extensions and Expiration).
(Ord. 2020-01, § 3, 2020: Ord. 2012-07, § 3, 2012: Ord. 2010-02 § 1 (part), 2010)
A. Purpose. This section establishes procedures and requirements for the review and approval of development agreements when applied for as part of a land use entitlement in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The City Council finds and declares the use of development agreements is beneficial to the public, in that:
1. Development agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
3. Development agreements enable the city to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
B. Qualified Applicant. Only a qualified applicant, a person who has legal or equitable interest in the real property which is the subject of the development agreement (or his or her authorized agent), may submit an application for a development agreement.
C. Approving Authority. The designated approving authority for development agreements is the City Council which shall hold a public hearing prior to taking action. The Planning Commission shall hold a public hearing on the proposed development agreement and make a recommendation to the City Council.
D. Flexibility of Development Regulations.
1. To the extent permitted by law, any development agreement if adopted by the city may modify development rules, regulations, and policies governing permitted uses of land and density, and governing design, improvements, construction standards and specifications, and phasing applicable to development of the property involved in the agreement.
2. Nothing contained in these regulations shall prevent the developer or the city from proceeding with normal tentative map or final map processes on any phase of a development which is the subject of a development agreement at any time during its term.
E. Application Contents. The contents of a development agreement shall be as set forth in Government Code Sections 65865.2, 65867.5(c) if applicable, and 65868.5.
F. Public Hearing/Notice. The city shall provide notice and a public hearing for consideration of the approval or modification of an application for a development agreement in accordance with Section 17.10.050 (Public Hearing and Public Notice).
G. Approval Findings. A development agreement may only be granted when the City Council makes all of the following findings specifying that the development agreement:
1. Is consistent with the objectives, policies, and general land uses specified in the general plan and any applicable specific plans;
2. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice;
3. Will not be detrimental to health, safety, and general welfare of the city;
4. Will not adversely affect the orderly development of property or the preservation of property values.
H. Amendment and Cancellation of Agreement. Any party to the agreement may propose an amendment to or cancellation in whole or part of the development agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Notice of intention to amend or cancel any portion of the development agreement shall be given as provided in Section 17.10.050 (Public Hearing and Public Notice).
I. Recordation. Within ten (10) days after the city enters into the development agreement or any amendment thereof, the City Clerk shall cause the agreement or amendment to be recorded with the County Recorder. Additionally, the City Clerk shall be the official custodian of the development agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the development agreement.
J. Periodic Review. The Community Development Director shall review the development agreement every twelve (12) months from the date the development agreement is entered into and provide a written report to the City Council. The burden of proof is on the applicant to provide necessary information verifying good faith compliance with the terms of the development agreement. The applicant shall also bear the cost of such review in accordance with the fee established by City Council resolution. If the Community Development Director finds that any aspect of the development project is not in good faith compliance with the terms of the development agreement, the Community Development Director may schedule the matter before the appropriate approving authority(ies) for review for possible amendment or revocation. (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of a specific plan is to provide a vehicle for implementing the city's general plan on an area-specific basis. The specific plan is intended to serve as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section is consistent with California Government Code Section 65450 et seq. This section describes the process for adopting and amending specific plans, and approving subsequent development under a specific plan. Chapter 17.26 (Special Purpose Zoning Districts) describes the individual specific plan districts and adopts them by reference.
B. Applicability. The city's general plan encourages preparation of specific plans and identifies certain areas of the city which require specific plans for development. Specific plan zoning may be considered for other areas of the city.
C. Approving Authority. The designated approving authority for specific plans is the City Council which shall hold a public hearing prior to taking action. The Planning Commission shall review specific plans, hold a public hearing, and make recommendations regarding the content of the plan, or any amendments. The City Council shall approve, conditionally approve or deny any specific plan or amendment thereto.
D. Application Contents. In addition to the minimum content requirements of California Government Code Section 65451, the specific plan application shall include following items:
1. Statement of the relationship of the specific plan to the general plan;
2. Policies for development and standards for regulating development within the plan area;
3. The proposed land uses for all areas covered by the plan;
4. The types and configurations of buildings to be included in all developments within the plan area;
5. The location of and types of streets;
6. Public facilities and infrastructure required to serve developments within the specific plan area;
7. A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits;
8. Proposed conservation, open space, and/or recreation areas, if any; and
9. Any other programs, guidelines, or standards appropriate for the area covered by the plan.
E. Environmental Review. It is anticipated, under the California Environmental Quality Act (CEQA) and guidelines, that most specific plans will require preparation of an environmental impact report (EIR). Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan to the extent allowed by CEQA. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether additional CEQA review is required.
F. Public Hearing/Notice. The city shall provide notice and a public hearing for consideration of the approval or modification of an application for a specific plan in accordance with Section 17.10.050 (Public Hearing and Public Notice).
G. Approval Findings. Specific plans and any amendment thereto shall be approved only when the City Council makes the following findings:
1. The proposed specific plan is consistent with the general plan goals, policies, and implementation programs.
2. The land use and development regulations within the specific plan are comparable in breadth and depth to similar zoning regulations contained in this title.
3. The administration and permit processes within the specific plan are consistent with the administration and permit processes of the Zoning Code.
H. Adoption. Adoption of the specific plan shall be by ordinance of the City Council shall constitute final action and approval of the specific plan. Authorization for construction in accordance with the specific plan may only be granted after the effective date of the adoption.
I. Delineation of Specific Plan Areas. On the zoning map, a specific plan zoning district shall be delineated in a manner similar to that of any other zoning district except that each specific plan-zoned area shall also bear a number, text, or other symbol which distinguishes it from other specific plan areas. See Chapter 17.26 (Special Purpose Districts/Specific Plan Districts).
J. Application of Specific Plan Development Requirements. Where conditions of the specific plan are more restrictive than the Zoning Code development standards, the conditions of the specific plan shall apply. Where a standard is not addressed in the specific plan, the Zoning Code shall apply. (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of prezoning is to establish the zoning district for unincorporated property as part of an annexation proposal. This section is consistent with California Government Code Section 65859.
B. Procedure. The procedure, review, and action for prezoning are the same as that established for a Zoning Code Amendment pursuant to Section 17.12.190 (Zoning Code (Text and Map) Amendment). (Ord. 2010-02 § 1 (part), 2010)
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