Chapter 16.238 — SITE DEVELOPMENT PERMIT

(A) The purpose of a SDP is to provide for the administrative review of detailed development plans for a proposed use. Uses that require a SDP are characterized by having a relatively low potential for adverse impacts on the subject site or surrounding community.

• (B) A SDP is a plan for development and must include the following:

• (1) A description of the use(s) and operating characteristics.

• (2) A plot plan showing the location of all uses.

• (3) Supplementary exhibits, as necessary, to show other information which may be required such as building elevations, landscaping, and grading.

• (4) Conditions of approval.

• (Ord. 1242, passed 5-7-12)

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:

DIRECTOR - Means the Planning Director, or designee.

SDP - Means a site development permit regulated by this chapter.

(Ord. 1242, passed 5-7-12)

Persons applying for a permit under this chapter must pay a permit fee established by City Council resolution. (Ord. 1242, passed 5-7-12)

The Director will administer this chapter, including, without limitation, acting on all applications for a permit required by this chapter.

• (Ord. 1242, passed 5-7-12)

An application for a SDP may be initiated by any person who is able to demonstrate a legally vested real property interest in the real property affected by a proposed application. The authorized agent of any such person may also initiate an application. The Director may request proof of ownership or authorization to apply before accepting any application.

(Ord. 1242, passed 5-7-12)

Applications for a permit required by this chapter must be filed with the Planning Department; be in a form and contain the information prescribed by the Director; and be accompanied by the permit fee required by this chapter. (Ord. 1242, passed 5-7-12)

(A) Unless the Director determinates otherwise, issuing a SDP is an administrative determination by the Director without the need for a public hearing.

(B) Upon acceptance of a SDP application as complete, the Director must review the application for conformance with the provisions of this Title 16. Based on this review, the Director must act to approve, conditionally approve, or deny the application.

(C) Within 30 days of receiving a completed application, the Director must issue a statement of decisions and findings. The statement must recite, among other things, the facts and reasons for granting or denying the application. (Ord. 1242, passed 5-7-12)

The Director or, if applicable, the Planning Commission, may take one of the following actions:

(A) Approval. There are no conditions or requirements other than those specified by the application. After the date of final determination, the proposed project may be developed in compliance with the SDP issued by the Director.

(B) Disapproval. When a SDP application is disapproved, an application for the same project on the same property cannot thereafter be accepted for a period of one year from the date of final determination, except that the Director may specify that, if the action is due to details or technical issues, this time limit does not apply. This limitation is not applicable to other discretionary permits.

(C) Conditional approval. Any application may be approved subject to conditions the Director deems necessary for compliance with city, state and federal regulations related to the protection of general health, welfare, and safety of the surrounding area. After the date of final determination, the proposed project may be developed in compliance with the SDP issued by the Director along with applicable conditions of approval.

(D) Withdrawal. With the concurrence of or at the request of the applicant, any a permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application is null and void and the property must have the same status as if no application had been filed.

(Ord. 1242, passed 5-7-12)

The Director must make all the following findings to issue a SDP:

• (A) CEQA. The SDP complies with the California Environmental Quality Act.

• (B) General Plan. The proposed use or project conforms with the General Plan.

• (C) Zoning. The proposed use or project conforms with the zoning regulations in this code.

• (D) Development standards. The SDP complies with Chapter 16.40 of this code.

• (Ord. 1242, passed 5-7-12)

A SDP may be appealed or revoked pursuant to Chapter 16.206 of this code.

(Ord. 1242, passed 5-7-12)

Establishment, maintenance and operation of the use or uses proposed by the application must comply with the information and specifications shown on the SDP.

(Ord. 1242, passed 5-7-12)

If the Director does not take action within one year from the date the application is deemed complete, such application is considered to be approved. However, the applicant may request an extension of time up to 120 days. This time limit period is not applicable with regard to the time in which the Planning Commission or, if applicable, the City Council may act on an appeal.

(Ord. 1242, passed 5-7-12)

The determination on each application, including any required findings and any other reasons that serve to explain the determination, and all conditions of approval, must be in writing. A copy of the written determination must forwarded to the applicant following the date of final determination and is made available, at cost, to any person desiring a copy of such determination.

(Ord. 1242, passed 5-7-12)

The determination of the Director is effective 15 days after the date the decision is made and after all appeals, if any, are resolved.

(Ord. 1242, passed 5-7-12)