Article 32 — Site Development Permits

(a)

No building permit shall be issued by the Building Official for any new construction or any addition which increases an existing structure's gross square footage by fifty (50%) percent or more in any R-1-H, R-3, R- 3.1, R-3-G, R-3/L.D., R-5, or Commercial District, except upon an application and the issuance of a site development permit to the property owner in accordance with the provisions of this article. Except, however, that construction of an accessory dwelling unit or junior accessory dwelling unit shall not require issuance of a site development permit if undertaken in accordance with all standards of Article 4.5 of this chapter.

(b)

The securing of a permit in accordance with the provisions of this article may be required as a condition of the granting of a use permit or variance in any district.

(c)

A site development permit shall be required for any new construction upon substandard lots in the R-1 (Single-Family Residential) or R-2 (Two-Family Residential) zoning districts Except, however, that a site development permit shall not be required for construction of an accessory dwelling unit or a junior accessory dwelling unit which is undertaken in accordance with all standards of Article 4.5 of this chapter. Consideration of a site development permit for a single-family dwelling with a proposed accessory dwelling unit and/or junior accessory dwelling unit shall not include consideration of the accessory dwelling unit or junior accessory dwelling unit use, but may consider the physical characteristics of the development, other than parking, including without limitation lot coverage, floor area ratio, landscaping, distance between structures, and Design Guidelines consistency.

(d)

(1)

A site development permit shall be required prior to issuance of a building permit for any construction of a new single-family dwelling that results in floor area that exceeds the maximum under the formula specified below. A site development permit shall also be required prior to issuance of a building permit for any structural alteration to an existing single-family dwelling that expands the existing floor area where such expansion results in the aggregate floor area of the dwelling exceeding the maximum under the formula specified below. In either of the above cases, the amount of garage area exceeding six hundred fifty (650') square feet shall be counted as floor area.

(2)

For purposes of this subsection, the following formula shall apply:

T + F (√ (L - S)) = M

(3)

For purposes of this subsection, the following definitions shall apply:

"M" shall mean the maximum floor area that is permitted under this subsection without triggering Planning Commission approval of a site development permit;

"T" shall mean the floor area threshold for a standard lot, and shall always be two thousand eight hundred (2,800') square feet;

"S" shall mean a standard lot size, and shall always be five thousand (5,000') square feet;

"F" shall mean the factor representing the multiplier, and shall always be twelve (12);

"L" shall mean the actual lot size in square feet.

(4)

For projects that trigger Planning Commission approval of a site development permit under this subsection, the mailing of notification of the public hearing, as required by Section 9-4.3203 of Article 33 of this chapter, shall include a rendering of an elevation of the project in relationship to the surrounding neighborhood, including any adjacent buildings.

(§ 13.01, Ord. 363, as amended by § II (A), Ord. 489-C.S., eff. October 14, 1987, § 3, Ord. 541-C.S., eff. January 10, 1990, § 3, Ord. 582-C.S., eff. January 8, 1992, and § II (A), Ord. 613-C.S., eff. April 13, 1994, § 1, Ord. No. 771-C.S., eff. June 24, 2010; § 16, Ord. 825-C.S., eff. November 8, 2017; § 11, Ord. 854-C.S., eff. February 26, 2020)

Applications for site development permits shall be filed with the Commission on the prescribed forms, together with the materials required therein and as indicated by the Planning Administrator. Such applications shall be accompanied by a fee as set forth in Article 37 of this chapter.

(§ 13.02, Ord. 363, as amended by § II (B), Ord. 489-C.S., eff. October 14, 1987)

The Commission shall hold a public hearing on each application for a site development permit and shall give notice of such hearing by publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing and by mailing notice not less than ten (10) days prior to the date of the hearing to the owners of the property within a radius of three hundred (300') feet of the exterior boundaries of the property which is the subject of the application, using for such purpose the last known name and

address of such owners as shown upon the assessment roll of the County. The failure of any person to receive such notice shall not invalidate the site development permit proceedings.

(§ 13.02, Ord. 363, as amended by § II (C), Ord. 489-C.S., eff. October 14, 1987)

(a)

A site development permit shall not be issued if the Commission makes any of the following findings:

(1)

That the location, size, and intensity of the proposed operation will create a hazardous or inconvenient vehicular or pedestrian traffic pattern, taking into account the proposed use as compared with the general character and intensity of the neighborhood;

(2)

That the accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets will create a hazardous or inconvenient condition to adjacent or surrounding uses;

(3)

That insufficient landscaped areas have been reserved for the purposes of separating or screening service and storage areas from the street and adjoining building sites, breaking up large expanses of paved areas, and separating or screening parking lots from the street and adjoining building areas from paved areas to provide access from buildings to open areas;

(4)

That the proposed development, as set forth on the plans, will unreasonably restrict or cut out light and air on the property and on other property in the neighborhood, or will hinder or discourage the appropriate development and use of land and buildings in the neighborhood, or impair the value thereof;

(5)

That the improvement of any commercial or industrial structure, as shown on the elevations as submitted, is substantially detrimental to the character or value of an adjacent R District area;

(6)

That the proposed development will excessively damage or destroy natural features, including trees, shrubs, creeks, and rocks, and the natural grade of the site, except as provided in the subdivision regulations as set forth in Chapter 1 of Title 10 of this Code;

(7)

That there is insufficient variety in the design of the structure and grounds to avoid monotony in the external appearance;

(8)

That the proposed development is inconsistent with the City's adopted Design Guidelines; or

(9)

That the proposed development is inconsistent with the General Plan, Local Coastal Plan, or other applicable laws of the City.

(b)

The Commission may impose such conditions in connection with the site development permit as it deems necessary to secure the purposes of this chapter and may require guarantees and evidence that such conditions are being or will be complied with.

(c)

No building permit shall be issued in any case where a site development permit is required by this chapter until ten (10) days after the granting of such site development permit by the Commission, or after the granting of such site development permit by the Council in the event of an appeal, and then only in accordance with the terms and conditions of the site development permit granted.

(§ 13.02, Ord. 363, as amended by § II (D), (E), and (F), Ord. 489-C.S., eff. October 14, 1987)

Site development permits granted in accordance with the provisions of this article shall become null and void if not exercised within one year after the effective date of such permit, unless the terms of the permit allow a greater period of time. The permit shall not become null and void if:

(a)

A building permit has been issued by the Building Official and construction started on the site and diligently pursued toward completion; or

(b)

A certificate of occupancy has been issued by the Building Official for the site or structure for which the permit was issued.

(§ 13.06, Ord. 363, as renumbered by § II (H), Ord. 489-C.S., eff. October 14, 1987)

Site development permits may be renewed for an additional period not to exceed one year provided, prior to the expiration of the permit, an application for renewal is filed with the Commission. The Commission may grant or deny an application for renewal.

(§ 13.07, Ord. 363, as renumbered by § II (H), Ord. 489-C.S., eff. October 14, 1987)

(a)

Violations. Any site development permit granted pursuant to the provisions of this article may be revoked if any of the conditions or terms of such permit were violated or if any law is violated in connection therewith.

(b)

Hearings: Notices. The Commission shall hold a public hearing on the proposed revocation of such permit after giving written notices to the permittee and to the owners of adjacent property, as set forth in Section 9-4.3302 of Article 33 of this chapter, at least ten (10) days prior to the hearing and shall submit its recommendations to the Council. The Council shall act thereon within thirty (30) days after the receipt of the recommendations of the Commission.

(§§ 16.01, 16.02, and 16.03, Ord. 363, as amended by § II (G), Ord. 489-C.S., eff. October 14, 1987, as renumbered by § II (H), said Ord. 489-C.S.)

(a)

In the event the applicant or any aggrieved person is not satisfied with the action of the Commission on the application for a site development permit, within ten (10) days he may appeal, in writing, to the Council. Such appeal shall be filed with the City Clerk and accompanied by a fee as set forth in Section 9-4.3602 of Article 36 of this chapter.

(b)

Upon the receipt of the appeal, the Council may consider the appeal in one of the following ways:

(1)

By holding a public hearing, using the same procedures as set forth in Section 9-4.3302 of Article 33 of this chapter; or

(2)

By referral back to the Commission for reconsideration.

(c)

Upon considering the appeal, the Council may approve, deny, or modify the site development permit.

(§ 13.05, Ord. 363, as amended by § 10, Ord. 444-85, eff. June 12, 1985, as renumbered by § II (H), Ord. 489-C.S., eff. October 14, 1987, as amended by § 7, Ord. 630-C.S., eff. August 24, 1995)

It shall be unlawful and a violation of the provisions of this chapter for any person to construct, erect, alter, or modify any structure except in strict conformity with any site development permit issued.

(§ 13.04, Ord. 363, as renumbered by § II (H), Ord. 489-C.S., eff. October 14, 1987)