A Development Review Permit is intended to allow the construction
of certain projects for which the design and siting could result in
an adverse impact on the surrounding area. The permit allows for:
A.
Review
of the location, size, massing, and placement of the proposed structure
on the site;
B.
The
location of proposed uses within the project;
C.
An evaluation
of the project with regard to fixed and established standards; and
D.
A determination
of whether the proposed siting and design should be permitted by weighing
the public need for the benefit to be derived from the proposed site
plan use against the impact which it may cause.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A Development Review Permit approved by the Planning Commission
shall be required prior to issuance of any building permit for the
development of any of the following:
A.
Housing Projects. For housing projects, all new construction
and new additions to existing buildings as follows:
1.
Any
housing project that does not meet the applicability of an Administrative
Approval as set forth in Section 9.39.020(A)(1).
B.
Nonhousing Projects. For nonhousing projects, all new construction
and new additions to existing buildings that exceed the following
thresholds:
1.
Tier
1 maximum limits;
2.
In
Multi-Unit Residential Districts or Ocean Park Neighborhood Districts,
10,000 square feet;
3.
In
Neighborhood Commercial and Oceanfront Districts, 7,500 square feet;
4.
In
Nonresidential Districts not specified in subsection (B)(3) above,
15,000 square feet; or
5.
In
the Pico Neighborhood Area as outlined in Figure 9.40.020.A, notwithstanding
subsections (B)(2) through (4) above, and until the adoption of a
Pico Neighborhood Plan, 7,500 square feet.
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FIGURE 9.40.020.A: PICO NEIGHBORHOOD AREA (AS OUTLINED)
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(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2742CCS § 2, adopted April 11, 2023)
Application for a Development Review Permit shall be filed in a manner consistent with the requirements contained in Section 9.37.020, Application Forms and Fees.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Following receipt of a decision of the Architectural Review Board in accordance with Chapter 9.55, a public hearing before the Planning Commission shall be set and notice of such hearing given in a manner consistent with Section 9.37.050, Public Notice.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2742CCS § 2, adopted April 11, 2023)
Following a public hearing, the Director shall prepare a written
decision which shall contain the Planning Commission's findings of
fact upon which such decision is based. The Planning Commission, or
City Council on appeal, shall approve or conditionally approve a Development
Review Permit application in whole or in part if all of the following
findings of fact can be made in an affirmative manner:
A.
The
physical location, size, massing, setbacks, pedestrian orientation,
and placement of proposed structures on the site and the location
of proposed uses within the project are consistent with applicable
standards;
B.
The
rights-of-way can accommodate autos, bicycles, pedestrians, and multi-modal
transportation methods, including parking and access standards;
C.
The
health and safety services (police, fire etc.) and public infrastructure
(e.g., utilities) are sufficient to accommodate the new development;
D.
The
project is generally consistent with the Municipal Code, General Plan,
and any applicable Specific Plan;
E.
The
project has no specific adverse impact on public health or safety;
and
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; amended
by Ord. No. 2520CCS § 31, adopted June 14, 2016; Ord. No. 2742CCS § 2, adopted April 11, 2023)
In granting a Development Review Permit, the Review Authority
or the Review Authority on appeal shall require that the use and development
of the property conform with a site plan, architectural drawings,
or statements submitted in support of the application, or in such
modifications thereof, as may be deemed necessary to protect the public
health, safety, and general welfare and secure the objectives of the
General Plan and this Ordinance, and may also impose such other conditions
as may be deemed necessary to achieve these purposes and to support
the findings of approval.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The term of permit, exercise of rights, extension, revocation, and appeal for Development Review Permits shall be in accordance with the applicable provisions of Chapter 9.37, Common Procedures.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
