A. Development Plan Permit Decision - Administrative. A development plan permit for the following may be administratively approved by the Director without public notice or public hearing.
1. CEQA Exemptions. Development plan permits that are required pursuant to Section 16.56.020.A.l.b, c or d that are statutorily or categorically exempt from the California Environmental Quality Act (CEQA);
2. Comprehensive Signs Programs. New or revised comprehensive sign programs pursuant to the standards in Chapter 16.38 (Sign Standards);
3. Dwelling Units. Residential construction projects of two (2) to four (4) dwelling units on one (1) parcel, unless otherwise specified in this development code, and in accordance with Chapter 16.08 (Residential Districts):
4. Model Home Complex. Temporary model homes and real estate sales offices, to be used solely for the first sales of homes;
5. Parking Lots. New construction or expansion of parking lots pursuant to the standards in Chapter 16.34 (Off-Street Parking and Loading Standards);
6. Residential Development Site Plan. Site and design plans for development of greater than or equal to five single-family homes in the same single- family residential subdivision;
7. Tree Removal. Removal of existing protected trees pursuant to the standards in Chapter 16.42 (Tree Preservation).
8. Ministerial Multi-Family Residential. The ministerial review process of certain qualifying Multi-Family Residential projects, consistent with this Development Code and the applicable Objective Design Standards, under this sub-section shall not be subject to CEQA review for a Development Plan. The following projects are subject to a ministerial administrative Development Plan review:
a. A Multi-Family Residential project proposing 20 percent or more affordable units to low income households located in the Transit Oriented Development Overlay within an area that allows for residential development.
b. A Multi-Family Residential project proposing 20 percent or more affordable units to low income households located in the Downtown Murrieta Specific Plan within an area that allows for residential development.
c. A Multi-Family Residential project proposed within an area pursuant to State law that allows for residential development under a ministerial objective review process, and that is able to qualify under the applicable State law such as, but not limited to Senate Bill 6, Senate Bill 35 or Assembly Bill 2011.
d. Or any combination of the above.
All decisions of the director are subject to appeal to the commission in compliance with Chapter 16.78, except for projects that are Ministerial Multi-Family Residential, in which case a ministerial Development Plan decision of the Director is not discretionary and shall be final. For projects that may have special community impacts or other unique circumstances, the director may refer the application to the commission for consideration.
B. Development Plan Permit Decision - Director's Review and Processing. For projects subject to a development plan permit and not listed in section 16.56.025(A) (Development Plan Permit Decision - Administrative) the following process shall be implemented:
1. Authority to Approve Development Plan Permits.
a. The Planning Commission shall retain the authority to approve, conditionally approve, or disapprove a Development Plan Permit application if an application is referred for their review or if a public hearing is requested.
b. The director shall have the authority to approve, conditionally approve, or disapprove applications for a Development Plan Permit unless otherwise stated.
c. The director shall serve as the environmental review officer and shall make decisions for implementing Development Plan Permits in compliance with the California Environmental Quality Act (CEQA) pursuant to Section 16.01.040 (Relationship to California Environmental Quality Act). Noticing shall be provided pursuant to CEQA requirements. If the Development Plan Permit application is referred to the Planning Commission for further consideration, the commission would be designated as the environmental review decision body for CEQA.
d. For Development Plan Permits that may have special community impacts or other unique circumstances, the director may refer the application on to the commission for a decision. Noticing for would be provided pursuant to Chapter 16.76 "Public Hearings".
2. Review. The director shall review each development permit application filed pursuant to this chapter. If required, the director shall prepare a written report for the commission describing the proposed project for which the commission makes the decision.
3. Director's Decision on Development Plan Permits.
a. Notice of Intent to Approve or Deny. For a Development Plan Permit application within the director's approval authority, the director shall make a decision to approve, conditionally approve or disapprove the Development Plan Permit and the corresponding CEQA determination pursuant to the following requirements:
i. The notice shall provide that any person notified may submit written comments on the application no later than 10 days after the date of the notice.
ii. The notice shall specify that an individual can request a public hearing at the Planning Commission no later than 10 days after the date of the notice.
iii. The applicant can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial, no later than 10 days after the date of the notice.
v. This notice shall also be provided to appropriate City Departments. vi. If the last day to file a request for a public hearing falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the request.
b. Notice of Public Hearing. If the director receives a timely filed written request for a public hearing or review of the director's decision, the director shall schedule a public hearing with the Planning Commission and shall provide public notice pursuant to Chapter 16.76 (Public Hearings), notify the applicant and/or subdivider, any interested parties, and appropriate City departments and agencies of the date, time and location of the hearing.
c. Approval. If the action is to approve the permit, the director shall identify all the applicable findings and appropriate Conditions of Approval. This documentation shall be transmitted to the applicant.
d. Denial. If the director's decision is to disapprove the Development Plan permit application, the decision shall include the reasons for the disapproval and corresponding findings. Furthermore, the applicant can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial.
e. Notice of Decision. In the event no person makes a written request for review within the time prescribed in subsection (a), or files an appeal as prescribed under subsection (f) after the decision date, the decision shall become final. The director shall provide a final notice of approval or disapproval with the corresponding CEQA determination to the applicant, any interested parties, and appropriate City departments.
f. Project and CEQA Appeal. Development Plan Permits as reviewed by the director or by the Planning Commission shall be subject to appeal provisions as described within Section 16.78 (Appeals).
(Ord. 595-23 § 4, 2023; Ord. 556 § 21, 2020; Ord. 544 § 21, 2019)