§ 18.08.802 — Major Deviation

18.08.802 - Major Deviation

(a) Purpose Major deviations provide an opportunity for adjustments to quantifiable development standards when modifications enabled by the approval are not impactful to nearby properties or the general public. This is not a general waiver of regulations. Rather, this authorizes targeted deviations from standards when the changes benefit the overall project design. (b) Applicability (1) The Planning Commission may approve or deny major deviations of no more than 50 percent from quantifiable development standards in this Title. (2) The Planning Commission shall not allow major deviations from density standards, lot size standards, building height limitations, sign regulations, or the minimum number of required trees. (c) Application Submittal and Review Procedures Figure 8-22, below, identifies the applicable steps from Article 3, Common Review Procedures, that apply to the review of major deviation applications. Additions or modifications to the common review procedures are noted below. Figure 8-22: Summary of Major Deviation Procedures [image omitted; see the official code] (1) Application Submittal and Handling Major deviation applications shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 18.08.303, Application Submittal and Handling. (2) Staff Review and Action The Administrator shall review the application and prepare a staff report and recommendation in accordance with Section 18.08.304, Review and Action. (3) Scheduling and Notice of Public Hearing The major deviation application shall be scheduled for a public hearing before the Planning Commission and noticed in accordance with Section 18.08.305, Scheduling and Notice of Public Hearings. (4) Review and Decision a. The Planning Commission shall hold a public hearing within 65 days of application. b. The Planning Commission shall approve, approve with conditions, or deny the application within 30 days from the date of the hearing in accordance with Section 18.08.306, Review and Decision, based on the general approval criteria in subsection 18.08.304(e), Approval Criteria Applicable to all Applications and the specific findings for major deviation in subsection 18.08.605(e), Findings, below. (5) Appeal The decision of the Planning Commission may be appealed to the City Council in accordance with Subsection 18.08.307(j), Appeal. (6) Post-Decision Actions and Limitations All common procedures in Section 18.08.307, Post-Decision Actions and Limitations, shall apply, with the following modifications: a. Time Limitations and Extensions 1. Time Limitations [a] Major deviation applications that accompany tentative maps shall be valid as long as the tentative map is valid. [b] The owner or developer shall apply for a building permit for the entire project within 18 months of the date of approval of the major deviation review application and maintain the validity of that permit, or the major deviation approval shall be null and void unless a different time limitation was established at the time of final approval based on the characteristics and complexity of the project. 2. Extension by the Administrator [a] The Administrator may extend the time limit by up to 12 months if a request is received prior to the expiration of the time limit to apply for a building permit under a major deviation, provided that: i. The applicant agrees to comply with all requirements of this Title and all conditions of approval; and ii. The applicant agrees to pay all applicable fees. [b] No more than one administrative time extension shall be approved for any project or project phase. 3. Extension by the Planning Commission [a] The Planning Commission may extend the time limit by six additional months if an application is received by the Administrator 45 days prior to the expiration of the extension granted by the Administrator, and the Planning Commission approves a schedule indicating that the applicant will apply for a building permit for the entire project or the relevant phase within the six-month extension. [b] In reviewing any such extension request, the Planning Commission shall consider the continued appropriateness of the project in the approved location and may add conditions to ensure that the project does not adversely impact other properties and to protect the public interest. [c] No more than one six-month time extension shall be approved for any project or project phase. (d) Findings In addition to meeting the approval criteria in Section 18.08.304(e), Approval Criteria Applicable to all Applications, the following findings shall be made prior to approving a major deviation: (1) Granting the major deviation will not significantly impact nearby property; (2) Project changes enabled by the major deviation enhance the overall design of the project, operations of the project or the public benefits resulting from the project; (3) Granting of the major deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the property is located; and (4) Granting the major deviation will not be materially detrimental to the public health, safety, or welfare.

(Ord. No. 6692, § 1(Exh. A), 1-8-25)