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:
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.
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
F. The project provides community benefits consistent with Chapter
9.23.
(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)