§ 9172.23. Administrative/Quasi-Judicial - Site Plan and Design Review. — Carson Zoning Code

When Site Plan and Design Review is required pursuant to the provisions of this Chapter, a development plan shall be submitted and approved according to the following procedures before any grading permit, electrical permit, plumbing permit or building permit is issued, or sign installed, which involves significant exterior changes in the opinion of the Director:

A. Submittal. An application shall be filed in accordance with CMC § 9173.1 . Prior to accepting an application, the Director may require that a conference be held with the project designer.
B. Approval Authority.
1. An application for approval of a Development Plan shall be submitted to the Commission for determination in any case involving any of the following:
  - a. Any construction of a new building or structure having an estimated valuation of $50,000 or more.
  - b. Any expansion, addition, alteration or repair to an existing structure, or other construction if the estimated cost of the work is $50,000 or more and the work involves changes in exterior architectural design, landscaping design or parking facilities.
  - c. Any conversion of a residential structure to a commercial use if the estimated cost of the work is less than $50,000.
  - d. Any major wireless telecommunications facility and minor wireless telecommunications facility located within one hundred (100) feet of a residential zone.
2. The Director shall have the authority to approve a Development Plan for work involving any of the following:
  - a. Any construction of a new building or structure having an estimated valuation less than $50,000.
  - b. Any expansion, addition, alteration or repair to the exterior of an existing structure, or other construction, except for any conversion of a residential structure to a commercial use, if the estimated cost of the work is less than $50,000 and the work involves changes in exterior architectural design, landscaping design or parking facilities.
  - c. Any construction involving only interior modifications to an existing building, regardless of the estimated valuation of the work.
d. Signs.
e. Solar energy equipment installation.
f. Fences, walls and hedges.
g. Minor wireless telecommunications facilities not located within one hundred (100) feet of a residential zone regardless of estimated valuation.

The valuation of construction delineated by this subsection shall be established by the Building Official, using as a guide, the Marshall Valuation Service compiled by the Marshall and Swift Publication Company.

C. Commission Hearing and Notice. For applications required by subsection (B )(1) of this section and for appeals authorized by subsection (E )(2) of this section, the Commission shall hold a public hearing within six (6) months of the date of acceptance of the application or date of appeal, as applicable, except that, for applications required under subsection (B )(1)(c) of this section, the Planning Commission shall not be required to hold a public hearing.

(B** )(1) of this section and for appeals authorized by subsection (E )(2) of this section, the Commission shall hold a public hearing within six (6) months of the date of acceptance of the application or date of appeal, as applicable, except that, for applications required under subsection (B )(1)(c) of this section, the Planning Commission shall not be required to hold a public hearing.

Notice of a public hearing, if required, shall be given pursuant to CMC § 9173.22 (Notification of Hearing) by posting and through the United States mail to the applicant, to the owners of property within seven hundred fifty (750) feet of the subject property, and to any person who has filed a written request therefor. The City Clerk shall give such additional notices, and in such manner, as prescribed by the law of the State of California and as the Commission or City Council may deem necessary or desirable.

D. Approving Authority Findings and Decision.
1. After the public hearing, the Commission shall, by resolution, render its decision. The Commission shall approve a Development Plan if it is able to make affirmative findings based on the following criteria:
  - a. Compatibility with the General Plan, any specific plans for the area, and surrounding uses.
  - b. Compatibility of architecture and design with existing and anticipated development in the vicinity, including the aspects of site planning, land coverage, landscaping, appearance and scale of structures and open spaces, and other features relative to a harmonious and attractive development of the area.
  - c. Convenience and safety of circulation for pedestrians and vehicles.
  - d. Attractiveness, effectiveness and restraint in signing graphics and color.
  - e. Development scheduling (if phased development) which will satisfy the above criteria in each phase.
  - f. Conformance to any applicable design standards and guidelines which have been adopted pursuant to CMC § 9172.15 . Such design standards and guidelines may be generally applicable or may specify different requirements for different areas.
2. If the proposed development complies with all applicable requirements and standards of this Chapter and other laws and regulations, and the approving authority finds that the criteria of subsection (D)(1) of this subsection are adequately met, or can be met if specified conditions are observed, the Development Plan shall be approved, subject to such specified conditions. If the approving authority finds that the proposal cannot meet and cannot be modified to meet the requirements of this Chapter and the above criteria, the Development Plan shall be disapproved. In all cases, findings shall be made concerning the grounds for approval or disapproval.
3. Notice of the decision by the Commission or Director, as the case may be, shall be given as provided in CMC § 9173.32 .
E. Effective Date and Appeal.
1. The decision of the Director or Commission, as the case may be, shall become effective and final fifteen (15) days after the date of the decision unless an appeal is filed in accordance with CMC § 9173.4 .

An appeal from a decision of the Director shall be considered by the Commission, and an appeal from a decision of the Commission shall be considered by the Council as provided in CMC § 9173.4 .

F. Compliance. After approval of a Development Plan and before City authorization to connect utilities, or before final inspection approval by the Building Official pertaining to any facilities constructed under the Development Plan, the Planning Division shall inspect the site for compliance with the approved Development Plan and conditions. Any deficiencies which are not corrected to the satisfaction of the Director shall be submitted to the Commission for determination as to compliance upon written request to the Director by the property owner or his authorized representative.
G. Exemption of Existing Improvements. Approval under this procedure shall not result in requirements to alter or improve any existing improvements, unless:
1. Such existing improvements are to be altered in connection with the proposed construction, grading or remodeling; or
2. Such existing improvements are directly affected by such proposed construction, grading or remodeling; or
3. The value of the proposed new or replacement construction, alterations, remodeling or other improvements being made exceeds fifty (50) percent of the value of existing improvements.
H. Subsequent Modification of Conditions.
1. After a Site Plan and Design Review Permit has been granted modification of the Development Plan and/or any conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative in accordance with CMC § 9173.1 .
2. A public hearing on a proposed modification of the Development Plan and/or conditions need not be held unless required by subsection (B)(1) of this Section or unless the Director, Commission or Council concludes that the proposed modification extends beyond the intent of the original approval of the Site Plan and Design Review Permit.
3. The decision and any appeal in connection with modification of a Development Plan and/or conditions of the permit shall be the same manner as set forth in CMC § 9173.4 .
I. Expiration of Permit.
1. Expiration. A Site Plan and Design Review Permit shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (I) (2) of this Section, if any of the following occurs:
  - a. Unused Permit. Within two (2) years from the Approving Authority's action, a construction permit, if necessary, shall be issued by the Building Official for the Development Plan. Work authorized by the permit shall commence within one hundred eighty (180) days from the date of issuance of said permit and such work shall not be

suspended or abandoned at any time after commencement for a period of one hundred eighty (180) days or more.

b. Time Limit as a Condition of Permit. Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.
c. Automatically Permitted Development. Upon a change of zoning classification or of ordinance provisions so as to automatically permit the development. Each nonconformity, if any, existing at the time of expiration of a Site Plan and Design Review Permit pursuant to this Subparagraph shall be brought into conformance pursuant to Division 2 of Part 8 of this Chapter.
d. Ineligible Use. Upon a change of zone or of ordinance provisions so as to no longer provide that the use is eligible for a Site Plan and Design Review Permit. Termination of this use and each nonconformity thereof shall be in accordance with Division 2 of Part 8 of this Chapter.

If none of the above circumstances transpires, the Site Plan and Design Review Permit shall remain in effect indefinitely.

Extension. Upon application by the permit holder filed with the Director on or before the date of expiration of the permit, a permit which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds that the termination of the permit would constitute an undue hardship upon the permit holder and that the continuation of the permit would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as for the issuance of a new permit.

(Ord. 78-433; Added by Ord. 84-699; Ord. 19-1904 §§ 6, 7; Ord. 03-1284 § 6; 93-1021 § 2; Ord. 90905 § 4)