Chapter 85.08 — SITE PLAN PERMITS

It is the purpose of this Chapter to provide an expedited process for the County review and authorization of allowed uses and structures that are in compliance with Division 2 (Land Use Zoning Districts and Allowable Land Uses) and the other applicable requirements of this Development Code.

(Ord. 4011, passed - -2007)

(a) When Required. A Site Plan Permit shall be required to authorize:

(1) Compliance with Division 2. The alteration, construction, or expansion of every legally established use that is allowed by a land use zoning district subject to a Site Plan Permit in compliance with Division 2 (Land Use Zoning Districts and Allowable Land Uses); provided, the use complies with all applicable development standards identified in this Development Code, an adopted specific plan or adopted by the Board;

(2) Provision of Additional Parking. A change or expansion of any use that would require the provision of additional parking in compliance with Chapter 83.11 (Parking and Loading Standards); and

(3) Publicly Owned Institutional Structures. The alteration, disturbance, or expansion of an existing publicly owned institutional structure that is less than 10,000 square feet in area and is proposed to be expanded by no more than 5,000 square feet.

(b) Exceptions. A Site Plan Permit will not be allowed for any project that is located within a City Sphere of Influence, a designated redevelopment area or along a designated State highway. In such cases, the review and approval of a Minor Use Permit, in compliance with Chapter 85.06 will be required.

(c) Exempt from CEQA. A Site Plan Permit application shall be determined exempt from the California

Environmental Quality Act (CEQA) in compliance with State law and the County’s Environmental Review Guidelines or it shall be processed as a Conditional Use Permit or Minor Use Permit.

(Ord. 4011, passed - -2007)

(a) Compliance with Division 5 (Permit Application and Review Procedures). The Site Plan Permit procedure is intended to provide a less complex and more streamlined review than that required for a Conditional Use Permit or Minor Use Permit. The project planner shall review the application in compliance with Division 5 (Permit Application and Review Procedures).

• (b) Procedure. Staff review with notice.

• (c) Review Authority. Director.

(d) New Construction. In issuing a Site Plan Permit for new construction the Director shall first confirm that the request satisfies all of the following criteria:

(1) The structure and use is in compliance with the applicable provisions of this Development Code; and

(2) The proposed site and any land use(s) or structure(s) existing on the site shall not be in violation of any applicable provision of this Development Code, except for nonconforming uses and structures in compliance with Chapter 84.17 (Nonconforming Uses and Structures).

(e) Reuse of Existing Structure(s). In issuing a Site Plan Permit that proposes to establish a different use in an existing structure, the Director shall first confirm that the request satisfies all of the following criteria in addition to those identified in Subdivision (d), above:

(1) The required number of parking spaces and driveway and parking lot improvements shall be provided and maintained in compliance with Chapter 83.11 (Parking and Loading Standards);

(2) All on-site signs shall be in compliance with Chapter 83.13 (Sign Regulations); and

(3) The proposed use and all existing structures are in compliance with all requirements of previously approved entitlements (e.g., Minor Use Permits, Conditional Use Permits, or Variances, etc.) including conditions of approvals.

(f) On-Site Inspection. An application for a Site Plan Permit may require that the Director perform an on-site

inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Section.

(g) Findings. Before granting an application for a Site Plan Permit, the review authority shall make the following findings:

(1) The project complies with all applicable development standards identified in this Development Code or adopted by the Board.

(2) There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development without significantly lowering service levels.

(3) The proposed use and manner of development are in compliance with the goals, maps, policies, and standards of the General Plan, any applicable community plan or specific plan.

(4) The proposed use and manner of development are exempt from the California Environmental Quality Act (CEQA).

(h) Rejection or Alternative Processing Required. If the review authority cannot make the required findings listed in Subdivision (g), above, the project will be either rejected or elevated to a Minor Use Permit, as determined appropriate by the Director.

(i) Appeal. Appeal of a Site Plan Permit shall be limited to the determination that the land use being requested qualifies for the Site Plan Permit application.

(Ord. 4011, passed - -2007)