The purpose of this chapter is to establish the application, review, and decision procedures for an administrative DP. The DP enables the Director to administratively review the location, site development, and/or conduct of certain land uses. DPs are not the automatic right of any applicant. A DP goes with the land and is nontransferrable to another location.

DPs are required for some land uses, subject to the permit requirements of the applicable Zone. A DP may only be issued in accordance with Zone requirements and with this Zoning Ordinance.

A.

Responsibility. The Director shall have the responsibility to approve, conditionally approve, or disapprove an administrative DP. The Director may also decline to take action and forward the application for action to the Planning Commission public hearing.

B.

Initiation of Application. DP applications may be initiated by the owner, owners, or their authorized agents of property in the City, but only where the use is authorized as a DP in the Zone in which the property lies. The applicant shall submit an application in accordance with the format specified by the Director. Fees shall be paid at the time of application in accordance with the fee schedule. An application for a DP shall be accompanied by the following:

1.

Submittal of all information and materials deemed necessary to render the requested land use decision before the application is deemed complete.

2.

Complete plans and description of the property involved and the proposed use.

3.

Evidence, satisfactory to the Director, of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six (6) months after issuance of the DP.

C.

Project Review and Noticing. Applications for a DP shall be processed if the Director finds the application to be complete at time of filing. The applicant shall be notified in writing within thirty (30) days if the application is complete.

1.

If the application is found to be incomplete, the Director shall notify the applicant in writing within thirty (30) days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the Director.

2.

The review process for DPs is generally illustrated in Figure 20.510-1. Each application shall be analyzed by the Director to ensure the application is consistent with the purpose and intent of this Section.

3.

The Director shall issue a Date of Intended Decision. The Notice of Intended Decision, including the scheduled decision date, shall be publically noticed, consistent with Section 20.505.030 (Noticing and Public Hearings) and state law.

4.

Public notice shall be given in compliance with Chapter 20.505 (Noticing and Public Hearings).

A.

Administrative Decision Requires No Hearing. DPs are reviewed and approved administratively by the Director and require no public hearing unless an appeal is filed. The Director may approve, conditionally approve, or deny a DP application after making the following findings.

B.

Required Finding. The approval of a DP shall be accompanied by all the following findings:

1.

Approval of the DP would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood.

2.

The design, development, and conditions associated with the DP are consistent with the goals, policies, and intent of the General Plan, the purpose and intent of the applicable Zone, and the character of any applicable Specific Plan.

3.

The land use allowed in conjunction with the DP is compatible with the existing and future land uses of the applicable Zone, and the general area in which the proposed use is to be located.

C.

Conditions and Limitations. DPs may be granted upon such conditions and limitations and for such periods of time as the Director shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of this Zoning Ordinance are achieved.

All appeals or use revocations related to a DP application or granted DP shall be consistent with the standards and process of Chapter 20.545 (Appeals and Revocations).