This chapter establishes procedures for the review of development permit applications. These provisions are intended to protect the integrity and character of the residential, commercial, and public areas of the city, consistent with the General Plan. This chapter also ensures adequate review and input for projects that may potentially impact the community, and adequate review to ensure that development in each zoning district protects the integrity of that district.
(Ord. 01-594 § 2, 2001)
A development permit shall be required for:
A. 
An addition of more than 1,000 square feet to any structure other than a single-family home or duplex;
B. 
An addition of more than 500 square feet to a single-family dwelling or duplex (see Section 19.36.320(D), Residential Uses – Single-Family Dwellings and Duplexes);
C. 
Any new non-residential parking facility in a -PK (Parking) Overlay Zone or any alterations to an existing non-residential parking lot including intensification of hours of operation;
D. 
Any substantial remodel to any structure other than a single-family home or duplex, which shall be defined as the removal of 50 percent or more of the exterior wall area (which includes walls, doors, and windows), or the removal of 50 percent or more of the supporting members of a structure (e.g., beams, bearing walls, columns, or girders), whichever is more restrictive. A demolition permit shall also be required for this work; and
E. 
A common interest development created through the conversion of existing residential units that does not comply with Section 19.36.100(C);
F. 
An intensification of use;
G. 
A new structure except as follows:
1. 
A new garage or carport or other residential accessory structure of 500 square feet or less. See Chapter 19.42 (Zone Clearances).
2. 
Fences and other yard improvements or equipment in compliance with Article 19-3 (Site Planning and General Development Standards).
3. 
Other structures specified by Table 2-2 (Allowed Residential Uses) and Table 2-5 (Allowed Commercial and Public Uses);
H. 
Automated parking structures.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 42, 2003; Ord. 14-930 § 3, 2014; Ord. 14-940 § 30, 2014; Ord. 15-965 § 13, 2015)
Development permit applications shall be reviewed, approved, modified, or denied by the review authority identified in the following table. For review of amendments to already approved projects, see also Section 19.62.070, Amendments to Approved Projects.
TABLE 4-2
DEVELOPMENT PERMIT REVIEW AUTHORITY
[Explanatory Notes Follow at the End of the Table]
Type of Use or Project
Review Authority
Director
Commission
Residential Zoning Districts
Residential project:
Any project in R1 and R2 zones
6 or fewer units in R3 zones
10 or fewer units in R4 zones
▪
 
Residential project:
7 or more units in R3 zones
11 or more units in R4 zones
Any project that utilizes affordable housing concession in Section 19.22.050(E)(2)(f)
 
▪
Subdivision maps
 
▪
Residential remodeling, with no additional units
▪
 
Non-residential use that does not require a Conditional Use Permit
▪
 
Parking lot or structure – Application to alter its structure or operation in a PK overlay zoning district
 
▪
Major changes (as determined by the Director) to any of the above permits approved by the Commission
 
▪
Minor changes (as determined by the Director) to any of the above permits approved by the Commission
▪
 
Commercial Zoning Districts, except SSP
Project of 30,000 gross sq. ft. or more of new or additional gross floor area, or requires a Conditional Use Permit or Variance, or requests bonuses or incentives beyond the baseline zoning requirements
 
▪
Projects between 10,000 to 30,000 gross sq. ft. of new or additional gross floor area that does not require a Conditional Use Permit or Variance, or does not request any bonuses or incentives beyond the baseline zoning requirements
▪(1), (2)
 
Project of less than 10,000 gross sq. ft. of new or additional gross floor area, that does not require a Conditional Use Permit or Variance
▪(2)
 
Major changes (as determined by the Director) to any of the above permits approved by the Commission
 
▪
Minor changes (as determined by the Director) to any of the above permits approved by the Commission
▪
 
Public Facilities (PF) Zoning District
All projects
 
▪
Major changes (as determined by the Director) to any of the above permits approved by the Commission
 
▪
Minor changes (as determined by the Director) to any of the above permits approved by the Commission
▪
 
Sunset Specific Plan (SSP) Zoning District
Project of 30,000 sq. ft. or more, or requires a Conditional Use Permit or Variance
 
▪
Project of less than 30,000 sq. ft., and does not require a Conditional Use Permit or Variance
▪ (3)
 
Major changes (as determined by the Director) to the above approved by the Commission
 
▪
Minor changes (as determined by the Director) to the above approved by the Commission
▪
 
Notes:
(1)
The following is required for commercial projects between 10,000 square feet and 30,000 square feet:
 
a.
A Neighborhood Meeting must be conducted within 60 days of submission of a complete application.
(2)
The Planning and Development Services Director may defer action and refer the application to the Planning Commission for review under Section 19.40.020.
(3)
The Planning and Development Services Director may defer action and refer the application to the Planning Commission for review if the Director determines that the project meets the goals but not the requirements of the Sunset Specific Plan or if the project:
 
a.
Requires significant additional environmental study;
 
b.
Has unexpected traffic or parking projections;
 
c.
Has unique uses, or uses with unusually high occupancy expectations;
 
d.
Would have potential significant impacts which were unanticipated at the time the Sunset Specific Plan was written;
 
e.
Is of a unique design or contains an unusual new billboard structure;
 
f.
Is a new ground-floor bank or financial services use in the Sunset Specific Plan area.
 
All referrals to the Planning Commission shall be accompanied by a written explanation of the reason for the referral.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 43, 2003; Ord. 12-903 § 10, 2012; Ord. 14-940 § 31, 2014; Ord. 18-1020 § 10, 2018; Ord. 18-1051 § 5, 2018; Ord. 19-1058 § 179, 2019; Ord. 19-1083 § 6, 2019)
A. 
Application Preparation and Filing. An application for a development permit shall be prepared, filed, and processed in compliance with Chapter 19.40 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 19.48.050 (Findings and Decision).
B. 
Neighborhood Meeting Required.
1. 
For all projects required by this section to have development permit approval by the Planning Commission, and for all proposals in the SSP (Sunset Specific Plan) zoning district with 10,000 square feet or more of total gross floor area, and for all residentially zoned projects of five or more units, the applicant shall conduct a meeting with property owners and tenants located within a 500-foot radius of the subject site to present the project and discuss identified concerns prior to action by the review authority.
2. 
The neighborhood meeting shall be held not more than 60 days after the application date. If a public hearing is required by Section 19.48.030, the neighborhood meeting shall also be held not less than 28 days before the public hearing.
C. 
Notice and Hearing.
1. 
Planning Commission Review. An application for a development permit requiring Planning Commission review shall be scheduled for a public hearing once the Planning and Development Services Department has determined the application complete. (See Chapter 19.40 – Application Filing and Processing). Notice of the public hearing shall comply with Chapter 19.74 (Public Hearings and Notice).
2. 
Planning and Development Services Director Review. A property that is the subject of a development permit requiring Director review shall be posted with a sign giving notice of the application for at least 28 days before the date on which the public comment period will end. The sign shall include the development permit number, the address and a description of the project and the date on which the public comment period will end, and shall be of a format and size prescribed by the Planning and Development Services Director. If the project includes new residential dwelling units the sign dimensions shall be in compliance with Section 19.74.020(B)(3) (Posting of Site).
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 46, 2003; Ord. 05-705, 2005; Ord. 19-1056 § 6, 2019; Ord. 19-1058 §§ 180, 181, 2019)
The development permit shall be approved, with or without conditions, only if the review authority first finds all of the following:
A. 
The proposed use or construction is allowed by Article 19-2 within the applicable zoning district, and complies with all other applicable provisions of this Zoning Ordinance and the municipal code;
B. 
The proposed project can be adequately conditioned so as not to endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; and
C. 
The proposed use or construction is consistent with the objectives, policies, general land uses, and programs of the General Plan and any applicable specific plan.
D. 
The new structure is compatible with the scale, bulk and mass of existing structures in the vicinity of the subject property, and does not impair the integrity and character of the zoning district in which it is to be located.
For these purposes, compatibility is not interpreted to mean simple repetition of existing form, mass, scale and bulk. Nor is compatibility interpreted to mean a repetition of building style, or detailing. Compatibility is based on consideration of a constellation of associated characteristics including building type, the property site plan, building mass and scale, and architectural material and expression. Compatibility comes from an identification of character-defining features of an area, and a designer's thoughtful response to them within the design.
(Ord. 01-594 § 2, 2001; Ord. 07-776 § 6, 2007)
A. 
In approving a development permit for a project containing new dwelling units, the review authority shall ensure that the permit contains the following condition:
1. 
When leased, dwelling units and accessory dwelling units in multi-family dwelling unit buildings shall be rented for a lease term of at least one year, as evidenced by a written rental or lease agreement, and as reflected by the definition of dwelling unit in Section 19.90.020. A dwelling unit shall not be used as corporate housing or vacation rental.
B. 
In approving a development permit, the review authority may require alterations to proposed plans, and may impose reasonable and necessary specific design, locational, and operational conditions relating to both on- and off-site improvements, which are intended to ensure that:
1. 
The site is physically adequate for the type, density, and intensity of development being proposed (e.g., number of employees) including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints;
2. 
The design, location, size, and operating characteristics of the proposed development are compatible with the existing and future land uses on-site and in the vicinity of the subject property;
3. 
On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic-control devices, etc.) are provided as reasonable and necessary to carry out the purpose and requirements of the applicable zoning district;
4. 
The design of the proposed development maintains the scale, bulk and mass of adjacent properties within the existing neighborhood, and does not impair the integrity and character of the zoning district in which it is to be located;
5. 
The proposed development incorporates new landscaping that complements the existing landscape and together provides opportunities for landscaped open space which contribute to a high quality visual image; and
6. 
The establishment, maintenance, or operation of the proposed development at the location proposed does not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
C. 
Transportation Demand Management. Development permits subject to compliance with the Transportation Demand Management Ordinance, as outlined in Section 10.16.040, shall include a condition of approval requiring compliance with the Transportation Demand Management Ordinance prior to issuance of certificate of occupancy, with Transportation Demand Management plan updates required to be submitted on an annual basis.
(Ord. 01-594 § 2, 2001; Ord. 17-999 § 10, 2017; Ord. 18-1034 § 14, 2018; Ord. 20-1112 § 15, 2020)
The approval or denial of a development permit may be appealed in compliance with Chapter 19.76 (Appeals). The procedures of Chapter 19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after the approval of a development permit.
(Ord. 01-594 § 2, 2001)