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312-17 Required Findings for All Permits and Variances
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17.1 REQUIRED FINDINGS FOR ALL PERMITS

Unless waived by State law, the Hearing Officer may approve or conditionally approve an application for a Special Permit, Use Permit, Coastal Development Permit, or Planned Unit Development Permit only if all of the following findings, in addition to any applicable findings in Sections 312-18 through 312-49, Supplemental Findings, are made: (Former Section INL#317- 36, 317-40.7; CZ#A315-14; Ord. 946, Sec. 4, 10/2/73; Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

17.1.1The proposed development is in conformance with the County General Plan, Open Space Plan, and the Open Space Action Program (CO-IM5); (Former Section INL#317-36(c), 317-40.7(3); CZ#A315-14(A); Ord. 946, Sec. 4, 10/2/73; Ord. 1726, Sec. 4, 3/4/86)

17.1.2The proposed development is consistent with the purposes of the existing zone in which the site is located, or when processed in conjunction with a zone reclassification, is consistent with the purposes of the proposed zone; (Former Section INL#317-36(a), 317- 40.7(1); CZ#A315-14(B))

17.1.3The proposed development conforms with all applicable standards and requirements of these regulations; and (Former Section CZ#A315-14(C))

17.1.4The proposed development and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (Former Section INL#317-36(b), 317- 40.7(2); CZ#A315-14(D))

17.1.5The proposed development does not reduce the residential density for any parcel below that utilized by the Department of Housing and Community Development in determining compliance with housing element law (the mid point of the density range specified in the plan designation) unless the following written findings are made supported by substantial evidence:

17.1.5.1The reduction is consistent with the adopted general plan, including the housing element, and

17.1.5.2The remaining sites identified in the housing element are adequate to accommodate the County’s share of the regional housing need pursuant to Section 65584 of the Government Code, and

17.1.5.3The property contains insurmountable physical or environmental limitations and clustering of residential units on the developable portions has been maximized.

17.2 REQUIRED FINDINGS FOR VARIANCES

The Hearing Officer may approve or conditionally approve an application for a variance only if all of the following findings are made: (See, Sections 65906 and 65906.5 of the Government Code.) (Former Section INL#317-26; CZ#A315-15)

17.2.1That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same zone in the vicinity; (Former Section INL#317- 26(b); CZ#A315-15(A))

17.2.2The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship and would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district; (Former Section INL#317-26(a); INL#317-26(c); CZ#A315-15(B))

17.2.3That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and (Former Section INL#317-26(d); CZ#A315-15(C))

17.2.4That granting the variance or its modification will not be materially detrimental to the public health, safety or welfare. (Former Section INL#317-26(e); CZ#A315-15(D); Ord. 946, Sec. 4, 10/2/73)

17.2.5In addition to the findings of this section, requests for variances in the Coastal Zone shall be approved only if the following additional finding is made:

The development for which the variance is proposed will be in conformity with the Coastal Land Use Plan. (Former Section CZ#A315-15(E))

17.2.6 Parking Variances. Notwithstanding subsection 65906 (Variances) of the Government Code, a variance may be granted from the parking requirements of a zoning ordinance in order that some or all of the required parking spaces be located offsite, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both the following conditions are met: (From Government Code Sec. 65906.5; Added by Ord. 2214, 6/6/00)

17.2.6.1The variance will be an incentive to, and a benefit for, the nonresidential development. (From Government Code Sec. 65906.5; Added by Ord. 2214, 6/6/00)

17.2.6.2The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities. (From Government Code Sec. 65906.5; Added by Ord. 2214, 6/6/00)

17.3 SUPPLEMENTAL FINDINGS

In addition to the required findings for all permits and variances, the Hearing Officer may approve or conditionally approve an application for a Special Permit, Use Permit, Coastal Development Permit, or Planned Unit Development Permit only if the supplemental findings, as applicable, are made. (See Sections 312-18 through 312-49)

Those findings that apply throughout the County, within and outside of the coastal zone, are listed in Sections 312-18 through 312-29 (County-Wide). Those findings that are only applicable within the County’s coastal zone are listed in Sections 312-30 through 312-49 (Coastal Zone). (Former Section CZ#A315-16; Amended by Ord. 2214, 6/6/00) (Ord. 2629, § 3, 6/11/2019)

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