75B - PH CONDOS CH 34 & CH 41 - Laserfiche WebLink

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(b) A parking waiver may only be considered if a finding can be made that strict compliance with the parking requirement will not benefit the site and its surrounding area. The applicant must indicate how the project will operate adequately without complying with the parking requirement. This assessment must be based on a fully occupied project. (c) Parking waivers shall be granted by the planning commission and accompanied by written findings, subject to appeal by any interested person to the city council and subject to review and modification by the council on its own initiative. The procedural, public hearing and administrative fee requirements for a parking waiver shall be the same as those for a variance as set forth in this chapter. (d) Any application for a parking waiver shall be filed and decided prior to the filing of the tentative map. Sec. 41-1807. Processing special use permits. An application for a special use permit pursuant to this article shall be considered by the city's planning commission and city council in concurrence with the applicant's tentative map application. Sec. 41-1808. Findings. In addition to the findings required by Chapter 34 of this Code and other provisions of this article, no special use permit may issue for a commercial or industrial common interest development unless and until all of the following additional findings are first made: (a) The proposed common interest development will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole; (b) The proposed common interest development includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development; (c) The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein; and (d) The proposed common interest development complies with the goals, policies and objectives of the city's general plan. Ordinance No. NS-xxxx Page 8 of 11 75B-20