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
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[Explanatory Notes Follow at the End of the Table]
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Type of Use or Project
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Review Authority
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Director
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Commission
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Residential Zoning Districts
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Residential project:
Any project in R1 and R2 zones
6 or fewer units in R3 zones
10 or fewer units in R4 zones
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▪
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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)
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▪
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Subdivision maps
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▪
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Residential remodeling, with no additional units
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▪
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Non-residential use that does not require a Conditional Use
Permit
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▪
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Parking lot or structure – Application to alter its structure
or operation in a PK overlay zoning district
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▪
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Major changes (as determined by the Director) to any of the
above permits approved by the Commission
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▪
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Minor changes (as determined by the Director) to any of the
above permits approved by the Commission
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▪
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Commercial Zoning Districts, except SSP
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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
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▪
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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
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▪(1), (2)
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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
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▪(2)
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Major changes (as determined by the Director) to any of the
above permits approved by the Commission
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▪
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Minor changes (as determined by the Director) to any of the
above permits approved by the Commission
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▪
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Public Facilities (PF) Zoning District
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All projects
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▪
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Major changes (as determined by the Director) to any of the
above permits approved by the Commission
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▪
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Minor changes (as determined by the Director) to any of the
above permits approved by the Commission
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▪
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Sunset Specific Plan (SSP) Zoning District
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Project of 30,000 sq. ft. or more, or requires a Conditional
Use Permit or Variance
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▪
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Project of less than 30,000 sq. ft., and does not require a
Conditional Use Permit or Variance
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▪ (3)
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Major changes (as determined by the Director) to the above approved
by the Commission
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▪
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Minor changes (as determined by the Director) to the above approved
by the Commission
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▪
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Notes:
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(1)
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The following is required for commercial projects between 10,000
square feet and 30,000 square feet:
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a.
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A Neighborhood Meeting must be conducted within 60 days of submission
of a complete application.
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(2)
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The Community Development Director may defer action and refer the application to the Planning Commission for review under Section 19.40.020.
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(3)
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The Community Development Director may defer action and refer
the application to the Planning Commission for review if the Community
Development Director determines that the project meets the goals but
not the requirements of the Sunset Specific Plan or if the project:
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a.
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Requires significant additional environmental study;
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b.
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Has unexpected traffic or parking projections;
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c.
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Has unique uses, or uses with unusually high occupancy expectations;
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d.
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Would have potential significant impacts which were unanticipated
at the time the Sunset Specific Plan was written;
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e.
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Is of a unique design or contains an unusual new billboard structure;
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f.
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Is a new ground-floor bank or financial services use in the
Sunset Specific Plan area.
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All referrals to the Planning Commission shall be accompanied
by a written explanation of the reason for the referral.
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(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; Ord. 24-16, 6/24/2024)
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 Community Development 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. Community
Development Department Review. A property that is the subject of a
development permit requiring Community Development Department 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 Community Development Department. 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; Ord. 24-16, 6/24/2024)
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.
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(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)