The purpose of this chapter is to establish a procedure which will enable the planning commission and/or community development department to review certain property development proposals within the city in order to ensure the best and most appropriate site development of property in certain zoning districts. It is intended that such uses and site design shall not be detrimental to the neighborhood or city in general, and shall not be detrimental or injurious to the value of property or improvements of the neighborhood or city in general.

The community development department shall prescribe the form and scope of applications and necessary accompanying data.

Applications for site plan review shall be filed in the community development department. Such application shall be made by the owner of the property or the property owner's authorized agent. If the applicant is not the property owner, a letter from the property owner authorizing the agent to act on his behalf shall accompany the application.

The following public notice and hearing shall be provided:

In acting upon any site plan application, the planning commission and/or Community development department shall consider factors including, but not limited to, the following:

The Community Development Department or Planning Commission as the case may be may approve a Site Plan if it finds that all conditions for Site Plan Review, the General Plan, the Local Coastal Program and the development standards for such use will be complied with.

The Community Development Department or Planning Commission as the case may be may deny a Site Plan if it finds that any of the conditions for Site Plan Review, the General Plan, the Local Coastal Program or the development standards for use will not be complied with.

The Community Development Department or Planning Commission as the case may be, may conditionally approve a Site Plan when it finds that the conditions will bring the Site Plan into conformance with the General Plan, the Local Coastal Program and the development standards for such use.

The Community Development Department may refer, at the director's discretion, the Site Plan Review application to the Planning Commission for review and action.

In approving, conditionally approving or denying a Site Plan, the Planning Commission shall specify the facts relied upon in rendering a decision.

Site plans shall not become effective for ten days after being granted, and in the event an appeal is filed or a challenge is issued by the City Council, such Site Plan shall not become effective until a decision is made by the City Council on such appeal.

Any person may appeal a decision or requirement of the Planning Commission or the Community Development Department to the City Council, and the City Council or any member thereof may request in writing a hearing before the City Council to consider any decision, determination or requirement of the Planning Commission or Community Development Department.

All appeals or challenges shall be filed with the City Clerk within ten days after the decision of the Community Development Department or Planning Commission, as the case may be.

Any appeal or challenge shall be in writing and shall specify, in detail, any grievance, error of decision, or requirement of the Planning Commission or Community Development Department.

All appeals to the City Council shall be filed with the City Clerk.

Any decision or requirement of the Planning Commission or Community Development Department that is appealed to or challenged by the City Council or any member thereof, shall be set for public hearing before the City Council. Such hearing shall be held at the earliest possible regular City Council meeting, with public notification as required.

The City Council may continue the public hearing to another date without giving further notice thereof, if such date is announced at the public hearing.

The City Council may, after public hearing, affirm, reverse or modify the Planning Commission's or the Community Development Department's decision. Furthermore, the City Council may make any additional determination or requirement it considers appropriate.

Any approval of a Site Plan review shall expire within one year of such approval except where substantial construction or use of the property in reliance on such Site Plan review approval has commenced prior to its expiration. If substantial construction and use of the property in reliance on a Site Plan Review approval has not commenced within the one-year period, such period may be extended by the Community Development Department, Planning Commission or City Council as appropriate, for a period not exceeding six months for each application, up to a maximum of two years from the date of original approval.

An application for an extension shall be made no sooner than sixty days and no later than thirty days prior to the expiration date of the original approval. If the Community Development Department, Planning Commission or City Council as appropriate has not acted on an extension application prior to the project expiration date, the applicant shall not be deemed to have an approved extension application, but the original project approval shall be deemed not to have expired until the time when the extension application has been acted upon. Application for an extension of a Site Plan review shall be in accordance with the requirements established by the Community Development Department.

The Community Development Department shall review and evaluate the requested extension of Site Plan Review. Within thirty days of receipt of the application, the application shall be scheduled for action by the Community Development Department, Planning Commission or City Council, depending on which body most recently acted upon the project being considered for extension.