Division 9 — SPECIAL DESIGN PERMIT

SEC. 36.50. - Special design permit. SEC. 36.50.05. - Purpose.

A special design permit provides development review for properties within the special design (SD) combining district. It allows flexibility in development and design standards to address the unique environmental or property factors affecting sites located near major transportation routes, or other environmental hazards. The special design permit process mandates that environmental factors or property configuration or location constraints specifically identified at the time of SD zoning be addressed in any project design.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.50.10. - Applicability.

A special design permit shall be required for new land uses, new structures, and modifications within a special design combining district. A special design permit may also be required for renovations and other improvements that may otherwise be exempt by this chapter, subject to the standards adopted by the special design combining district.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.50.15. - Special application requirements.

In addition to the application requirements of this article, additional information on specific site and building design features, including identification of any variation from the development standards of the underlying base zone district and how those variations respond to the environmental or site constraints identified as part of the rezoning to the special design district shall be included by the applicant.

An application for a special design permit may be considered concurrently with, or subsequent to, consideration of rezoning to the special design combining district.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.50.20. - Hearings and action.

A special design permit shall be reviewed and approved in accordance with the development review process (see Section 36.44.45). For applications for a special design permit submitted in combination with other development permits, which require higher levels of review such as variances, conditional use permits and subdivisions, the special design permit shall involve concurrent review of the application with other permits and disapproval or continuation of one shall constitute disapproval or continuation of the other.

(Ord. No. 18.13, § 1, 12/10/13.)

Each special design permit shall be reviewed by the zoning administrator to ensure the project design is consistent with the purposes of the special design district, with this section and with the objective of responding to the specified environmental or other design constraints through creative and flexible project design. Following the hearing, the zoning administrator shall issue written findings upon which the decision is based. These findings shall be mailed to the applicant and property owner. The zoning administrator may impose specific development conditions relating to both on- and off-site improvements that are necessary to mitigate site- and project-related adverse impacts, and to carry out the purpose and requirements of the underlying zoning district and the special design combining district. The zoning administrator may approve a special design permit, if all of the following findings are made:

a.

The proposed land use(s) are allowed within the subject zoning district.

b.

The proposed project is in substantial compliance with the requirements of the applicable zone district and would be harmonious and compatible with existing and future developments within the zoning district and surrounding area;

c.

The proposed project, including any special design features to respond to the site constraints listed in Section 36.26.85 (SD district) which were identified at the time of zoning to the SD district, and implementation of a harmonious and integrated plan, justifies any necessary exceptions to the requirements of this chapter;

d.

The approval of the special design permit complies with the California Environmental Quality Act (CEQA);

e.

The proposed project is consistent with the general plan; and

f.

The location, size, design and operating characteristics of the proposed project are not detrimental to the public interest, health, safety, convenience or welfare of the community.

(Ord. No. 18.13, § 1, 12/10/13.)