Dana Point City Zoning Code
CHAPTER 9
71 SITE DEVELOPMENT PERMITS
§ 9.71.010 Intent and Purpose.
This Chapter establishes a process to promote superior aesthetics, design compatibility and high quality site planning. The Site Development Permit process provides for the effective and efficient review of development proposals to ensure compatible and enhanced site and building design throughout the community. This process provides a means to implement the Urban Design Element of the General Plan and the City's Urban Design Guidelines. Through Site Development Permits the City can achieve excellence and innovation in the design of development projects.
(Added by Ord. 93-16, 11/23/93)
§ 9.71.020 Site Development Permit Required.
(a)
When no other discretionary permit is required, a Site Development Permit shall be required for all residential development except single-family homes on previously subdivided lots, and for all nonresidential developments exceeding 2,000 gross square feet.
(b)
Applications for Conditional Use Permits, Variances, Coastal Development Permits and other permits and entitlements of this Code will be reviewed with the same attention to design as Site Developments Permits. All such applications are subject to Site Development Permit requirements, except that all coastal development permit applications shall satisfy all requirements of Chapters 9.27 "Coastal Overlay District" and 9.69 "Coastal Development Permit".
(c)
A Temporary Site Development Permit shall be required for all uses so identified in Chapter 9.39 pursuant to the provisions of Section 9.71.040.
(d)
The Director of Community Development may require that a Site Development Permit be filed for any proposal determined by the Director not to be in clear compliance with General Plan policies.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)
§ 9.71.030 Procedural Requirements for Site Development Permits.
(a)
Application for Site Development Permits shall be processed in accordance with Section 9.61.040.
(b)
When a Site Development Permit application is performed in conjunction with another discretionary permit review, the Director of Community Development shall conduct the review and shall make a recommendation to the Planning Commission.
(c)
When an application for a Site Development Permit proposes more than 10,000 gross square feet of nonresidential building area or five or more residential dwelling units, the application must be reviewed by the Planning Commission at a public hearing. All other applications may be processed in accordance with the provisions of Section 9.71.034.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 99-04, 3/9/99)
§ 9.71.034 Minor Site Development Permits.
(a)
Application for Minor Site Development Permits are restricted to the following requests:
(1)
Development with less than 10,000 gross square feet of new residential building floor area.
(2)
Four or less residential dwelling units.
(3)
Temporary uses and structures as described in Chapter 9.39.
(4)
Any multifamily projects where a minimum 20% of total units are restricted to be affordable to lower income households or at least 40% of total units are restricted to be affordable to moderate income households (for a period of time equal to provisions under State Density Bonus Law (California Government Code Section 65915)).
(5)
Certain types of improvements as may be specified by this Code.
(b)
The submitted requirements for a Minor Site Development Permit application shall be the same as those required in Section 9.61.040(e).
(c)
Decisions on Minor Site Development Permit applications shall be made administratively by the Director of Community Development. The Director shall include a determination of findings and appropriate conditions in the decision. The basis for approval, conditional approval, or denial of a Minor Site Development Permit shall be as specified in Section 9.71.050.
(d)
Subject to a determination by the Director of Community Development, a Minor Site Development Permit application may be placed on the Planning Commission agenda for review.
(e)
Subject to a determination by the Director of Community Development, the noticing requirements for a Minor Site Development Permit may be reduced from the standard 500 foot radius requirement to a notification of adjacent property owners only. If the item is reviewed by the Planning Commission, then a 300 foot radius noticing shall be provided.
(Added by Ord. 99-04, 3/9/99; amended by Ord. 10-06, 5/24/10)
§ 9.71.040 Procedural Requirements for Temporary Site Development Permits.
(a)
Filing of Application. The items required for filing shall include:
(1)
A complete Application Form.
(2)
An application fee as specified in the current structure of service fees.
(3)
A Site Plan showing the layout of the proposed activity, use, or structure, preferably drawn to scale (five copies).
(4)
A letter of authorization from the property owner(s), if different than the applicant.
(5)
A letter of explanation signed and dated by the applicant demonstrating how the request meets the following criteria for granting a Temporary Site Development Permit.
(A)
That the temporary use applied for is a special event permitted under this Policy.
(B)
That the special event is consistent with the City Zoning Code and will not be incompatible with the City's future General Plan.
(C)
That the site for the special event is adequate in size, shape, and access to accommodate additional demands generated by the proposed use.
(D)
That the special event as proposed will protect the safety and general welfare of the community and will not create significant noise, traffic, or other conditions or situations that may be detrimental or incompatible with other permitted uses in the vicinity.
(6)
Submittal requirements for special events shall be as specified in Section 9.39.070(d).
(b)
Noticing. No notice shall be required for Temporary Site Development Permits unless the Director of Community Development determines that such notice is necessary. In making a determination to require noticing, the Director shall specify the form and scope of the required notice. Noticing for special events shall be provided in accordance with the provisions of Section 9.39.070(e).
(c)
Consideration of Application.
(1)
An application shall be submitted to the Director of Community Development no later than 30 days prior to the date of the proposed event.
(2)
The application shall be acted on by the Director of Community Development no later than 30 days from the date the application is accepted for filing.
(3)
The Director of Community Development in consideration shall approve, conditionally approve, or deny any application and shall state findings and reasons for such decision. The Director of Community Development, as appropriate, shall have the authority to attach conditions which directly relate or further the public health, safety, and general welfare and ensure the fulfillment and intent of the City's Municipal Code.
(4)
If an application is granted subject to conditions, the permit shall become effective only after the conditions have been fulfilled or after the applicant has provided reasonable and sufficient guarantees that the conditions will be fulfilled.
(d)
Appeals.
(1)
Any applicant or affected party may appeal any determination of conditions established by the Director of Community Development.
(2)
Any appeal of the Director's decision shall be governed by Section 9.61.110.
(e)
Revocation. A Temporary Site Development Permit may be revoked in accordance with Section 9.61.120 or if the permitted use is conducted in a manner which is detrimental to the public peace, health, safety, and welfare of the City, or constitutes a public nuisance.
When a Temporary Site Development Permit has been revoked, no other Temporary Site Development Permit shall be issued under this policy to the same permittee within one calendar year of the date of revocation.
(f)
Exemptions. The following are specifically exempt from the provisions of this Section:
(1)
Any use which is subject to any other discretionary approval shall not be considered under the provisions of this Section.
(2)
Private events conducted on private residential property which are typical activities ancillary to residential uses shall not be subject to the provisions of this Section but shall be governed by any and all other applicable provisions of the Dana Point Municipal Code and all other applicable laws.
(3)
Non-profit organizations and associations which endorse activities, community events, or fund raisers for non-commercial profit may be exempt from the fees established in this Section, but shall submit the remaining application filing requirements for review and approval by the Director of Community Development. Applicants claiming non-profit status shall include a notice of participation and expected return from all participating non-profit organizations or agencies.
(4)
Any temporary use, structure, or activity which clearly does not intensify the existing permitted use and is ancillary or incidental to the approved use, structure, or activity, shall be exempt from both the filing fee and application requirements. If it is unclear if such an event should be subject to the requirements of this Section, the Director of Community Development shall determine if a proposed use necessitates a Temporary Site Development Permit.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)
§ 9.71.050 Basis for Approval, Conditional Approval, or Denial of a Site Development Permit.
Approval, conditional approval, or denial of any Site Development Permit application shall be based upon the following factors and principles:
(a)
Compliance of the site design with development standards of this Code.
(b)
Suitability of the site for the proposed use and development.
(c)
Compliance with all elements of the General Plan and all applicable provisions of the Urban Design Guidelines.
(d)
Site and structural design which is appropriate for the site and function of the proposed use(s), without requiring a particular style or type of architecture.
(Added by Ord. 93-16, 11/23/93)
§ 9.71.060 Expiration and Extension of a Site Development Permit.
The expiration and extension of any site development permit shall be in accordance with the limitations and procedures specified in Section 9.61.130.
(Added by Ord. 94-09, 5/24/94)
§ 9.71.070 Notice of Hearing.
Notice of a public hearing to consider a Site Development Permit shall be provided pursuant to Section 9.61.050.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)
§ 9.71.080 Notice of Action.
(a)
For those applications decided by the Director of Community Development, the Director shall notify the applicant, in writing, of the action taken within 15 days of the decision.
(b)
For those applications decided by the Planning Commission, the Director of Community Development shall notify the applicant, in writing, of the action taken within 15 days of the Planning Commission decision.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)
