Chapter 24.525

PLANNED DEVELOPMENT PERMIT PROCEDURE

Sections:

• 24.525.010 Chapter Description.

• 24.525.020 Types of Planned Development Permits.

• 24.525.030 Coastal Permits Also Required.

• 24.525.040 Applicability of Planned Development Permits.

• 24.525.050 Initiation.

• 24.525.060 Notice and Hearing.

• 24.525.070 Required Findings.

• 24.525.080 Conditions of Approval.

• 24.525.090 Action by Decision-Making Authority.

• 24.525.100 Appeals.

• 24.525.110 Written Acknowledgement Required.

• 24.525.120 Expiration.

• 24.525.130 Failure to Comply With Conditions.

• 24.525.140 Permit Amendment.

Chapter 24.525 establishes the planned development permit procedure. This chapter provides a procedure for review and decisions regarding proposed projects that require planned development permits because the nature, location or other characteristics of a proposed development or proposed new use, including, without limitation, characteristics relating to design, construction, or operation, require greater scrutiny. (Code 1971, § 15.825.010)

An application for a planned development permit must be reviewed and acted upon by the planning commission in accordance with the provisions of this chapter, provided that, the city council may set forth procedures by resolution for review and action by the director on administrative planned development permits. (Code 1971, § 15.825.020)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Applications for all planned development permits within the coastal zone shall be subject to the provisions of chapter 24.515 in addition to the provisions of this chapter. (Code 1971, § 15.825.030)

A. When Required. A planned development permit or an Amendment to a previously approved planned development permit, must be approved in accordance with the provisions of this chapter, in any instance where the applicable zoning district regulations or overlay zone regulations so require.

B. Concurrent Minor Variances. A minor variance may be processed, reviewed and considered as a component of a planned development permit, provided that the decision-making authority makes the findings required by section 24.535.130 in addition to the findings required by-this chapter for the approval of planned development permits before approving any such minor variance as a component of the planned development permit. (Code 1971, § 15.825.040)

A request for a planned development permit may be initiated by the planning commission or the city council, or by application pursuant to section 24.500.030. (Code 1971, § 15.825.050)

All applications for granting or amending a planned development permit and all proposals to revoke or reevaluate a planned development permit shall be acted upon following a public hearing scheduled and noticed as required by chapter 24.560.

Before the decision-making authority may grant a planned development permit, it must make all of the following findings with respect to location, size, design, operation and other characteristics of the proposed project:

1. The proposed project conforms to the comprehensive plan and is consistent with the purposes and requirements of this zoning ordinance;

2. The proposed project will be served by adequate water, sewer, public utilities and services, and by adequate vehicular and pedestrian access to insure that the proposed project will not be detrimental to the public health, safety, or welfare;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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3. New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of buildings and structures in the surrounding vicinity; and

4. The overall project reflects a high level of development and design quality that will enhance and benefit the city as a whole. (Code 1971, § 15.825.070)

The decision-making authority, in approving an application for a planned development permit, may impose such conditions that it deems necessary or desirable to insure that the project authorized by such planned development permit will be established, operated, and maintained in accordance with the findings required by section 24.525.070 and all other requirements of this zoning ordinance, this Code, and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions imposed by the decision-making authority may involve any factors affecting the establishment, operation, or maintenance of the proposed project, including but not limited to:

1. Special yards, open spaces, and buffer areas;

2. Fences and walls;

3. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;

4. Street and highway or other right-of-way dedications, or construction of related improvements, including, without limitation, sidewalks, walkways, curbs and gutters, or payment of fees in lieu thereof;

5. Water supply and fire protection;

6. Landscaping and maintenance of grounds;

7. Regulation of nuisance factors such as lighting, noise, vibrations, smoke, dust, dirt, odors, gases, heat, glare, electromagnetic disturbances, radiation, or other physical impacts;

8. Regulation of operating hours for activities which may adversely affect the public welfare;

9. Location of new buildings or other structures on the site;

10. Establishing the period of time in which the use authorized by the planned development permit or construction necessary and incident to the project must commence;

11. Pedestrian amenities such as adequate walkways, seating areas, bike racks, and other similar features; or

12. Such other conditions as may be required to assure that the proposed project will be established, operated, and maintained in an orderly and efficient manner and in accordance with all elements of the comprehensive

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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plan, the purposes and requirements of this zoning ordinance, and other applicable laws and regulations. (Code 1971, § 15.825.080)

A. Granting a Planned Development Permit. The decision-making authority may grant the planned development permit and impose such conditions pursuant to section 24.525.080 in connection with the approval of the planned development permit as it deems necessary or desirable.

B. Continuances. The decision-making authority may continue consideration of an application for a planned development permit for a period specified by the decision-making authority.

C. Denial of a Planned Development Permit. The decision-making authority may deny an application for a planned development permit upon finding that the proposed planned development permit, or any component thereof, does not, or may not, comply with the requirements of this chapter, or that one or more of the findings required by section 24.525.070 cannot be made, or that the proposed planned development permit, or any component thereof, is otherwise inconsistent with the purposes of this zoning ordinance as set forth in section 24.105.030.

D. Referral for Changes. If the planning commission, or the city council, determines that it would approve an application for a planned development permit but for slight changes in the proposed project, it may refer the application back to the director for resolving such changes with the applicant before it again reviews and considers the planned development permit application.

E. Effect of Denial. A planned development permit application that is denied may not be refiled within one year after the date of denial if the refiled application indicates the proposed project is the same or substantially the same unless there has been an intervening change in the circumstances surrounding the proposed project. All planned development permit applications that are refiled after being denied shall be accompanied by the prescribed filing fee. (Code 1971, § 15.825.090)

A decision by the planning commission regarding a planned development permit may be appealed to the city council as provided by chapter 24.565. (Code 1971, § 15.825.100)

Within the time period specified in the conditions of approval of the planned development permit, the applicant shall file with the director a written acknowledgment of the terms and conditions of the planned development permit. (Code 1971, § 15.825.110)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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A planned development permit shall expire by operation of law without any further action by the decision-making authority if the project authorized by such planned development permit is not commenced or construction necessary and incident thereto is not begun, or diligently pursued, on or before the time limit specified in the conditions of approval of such planned development permit and thereafter diligently advanced, or if no time is specified, on or before one year after the date such planned development permit was approved. The director may, pursuant to chapter 24.505, grant no more than one administrative extension of such time limit if the approved plans have not changed and if there has been no substantial change in the circumstances of the surrounding vicinity. Additionally, the planning commission may extend such time limit, for a good cause, before its expiration, pursuant to section 24.525.140. (Code 1971, § 15.825.120)

Failure to comply with any terms or conditions of an approved planned development permit is a violation of the zoning ordinance subject to the enforcement provisions prescribed by chapter 24.580 and any and all other penalties and remedies that may be provided by law. A planned development permit may be revoked, or the conditions of its approval may be reevaluated, as provided by chapter 24.570. (Code 1971, § 15.825.130)

An amendment to a planned development permit shall be required as provided by chapter 24.570 to:

1. Expand or reduce the area of the property covered by the planned development permit;

2. Expand the use(s) authorized by the planned development permit;

3. Add to or alter any structure(s) authorized by the planned development permit; or

4. Change the terms or conditions of the planned development permit. (Code 1971, § 15.825.140)