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Applications for legal as-built development without an effectuated site plan review permit that is considered nonconforming only due to the absence of a site plan review permit, shall be processed in the same manner as a minor modification under Section 16-523.10. The site plan review permit for the as-built development may allow for minor modification to the existing development pursuant to Section 16-523.10. as allowed under the minor modification process.
(Ord. No. 3003)
The site plan review permit is defined as ministerial within the meaning of CEQA and Cal. Public Resources Code 21080(b)(1). The site plan review permit review process applies a series of fixed standards and objective measurements and does not intend to involve the use of personal or subjective judgments in deciding whether or how the project should be carried out.
(Ord. No. 3003)
DIVISION 2. DEVELOPMENT DESIGN REVIEW PERMIT
(A) This division establishes the procedures for conducting an administrative-level discretionary review of certain development applications, as identified in this chapter. This process requires the Director to verify that certain new or expanded uses, activities, structures, or development of land complies with all applicable policies, ordinances, and/or regulations of the city.
(B) Prior to the issuance of building permits for buildings or structures for uses for which this chapter does not require a special use permit or other zoning permit, an application for an administrative development design review permit shall be filed with the Director.
(Ord. No. 3039)
(A) The Community Development Director ( Director ) is the review authority for an application that requires a development design review permit. The Director may approve, conditionally approve or deny the application. The Director may refer an application to another review authority for a decision on the development design review permit.
(B) Where a development design review permit is processed concurrently with a discretionary permit that requires approval by the Planning Commission or City Council, the review authority with jurisdiction over such discretionary permit shall also have review authority over the development design review permit.
(Ord. No. 3039)
(A) Whenever this chapter provides that a particular use or development may be permitted by development design review permit, an application for a development design review permit shall be determined as provided in this article.
(B) An application for a development design review permit may be filed by:
(1) The owner(s) of the subject property;
(2) An authorized agent representing the property owner(s); or
(3) The city.
(C) Each application for a development design review permit or modification to a development design review permit must be filed with the Director on a city application form, together with required fees and/or deposits, and all other information and materials as identified in the city's submittal checklist. The city may ask an applicant to clarify, or provide additional materials to address questions or concerns during the review process. The Director shall not accept an application unless it is accompanied by the application fee set by resolution of the City Council.
(D) The Director or designee shall review each application for completeness and accuracy before it is accepted as being complete for processing. In addition to the requirements of this chapter, each application is required to be in compliance with the requirement of the FAA Airport Hazard Overlay and the requirements of the Ventura County Cultural Heritage Board.
(E) The application shall be reviewed by the Development Advisory Committee (DAC) for consistency with applicable regulations and standards.
(F) The applicant shall be informed in writing within 30 calendar days of application submittal or as required by the Cal. Gov t Code, that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.
(G) If the applicant does not complete their application within 90 days after notification that the application is incomplete, the application shall be deemed withdrawn, unless a written request for extension is filed by the applicant and granted for good cause by the Director for a period not to exceed an additional 90 days. If an extension is not granted, or if the extension expires, the application shall be considered withdrawn. A courtesy letter from the city should be sent to the applicant documenting the withdrawal. A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any development project on the same property.
(Ord. No. 3039)
The application for a development design review permit on parcels located in or adjacent to established neighborhood planning areas shall be presented to the general public at a community workshop conducted by the Planning Division prior to a public hearing on the proposed project. The workshop is intended to provide the applicant with the opportunity to present the proposed development to nearby property owners and to allow residents the opportunity to ask questions and provide input directly to the applicant.
(Ord. No. 3039)
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