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(a) Compliance with Division 5 (Permit Application and Review Procedures). The Site Plan Permit procedure is intended to provide a less complex and more streamlined review than that required for a Conditional Use Permit or Minor Use Permit. The project planner shall review the application in compliance with Division 5 (Permit Application and Review Procedures).
(b) Procedure. Staff review with notice.
(c) Review Authority. Director.
(d) New Construction. In issuing a Site Plan Permit for new construction the Director shall first confirm that the request satisfies all of the following criteria:
(1) The structure and use is in compliance with the applicable provisions of this Development Code; and
(2) The proposed site and any land use(s) or structure(s) existing on the site shall not be in violation of any applicable provision of this Development Code, except for nonconforming uses and structures in compliance with Chapter 84.17 (Nonconforming Uses and Structures).
(e) Reuse of Existing Structure(s). In issuing a Site Plan Permit that proposes to establish a different use in an existing structure, the Director shall first confirm that the request satisfies all of the following criteria in addition to those identified in Subdivision (d), above:
(1) The required number of parking spaces and driveway and parking lot improvements shall be provided and maintained in compliance with Chapter 83.11 (Parking and Loading Standards);
(2) All on-site signs shall be in compliance with Chapter 83.13 (Sign Regulations); and
(3) The proposed use and all existing structures are in compliance with all requirements of previously approved entitlements (e.g., Minor Use Permits, Conditional Use Permits, or Variances, etc.) including conditions of approvals.
(f) On-Site Inspection. An application for a Site Plan Permit may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Section.
(g) Findings. Before granting an application for a Site Plan Permit, the review authority shall make the following findings:
(1) The project complies with all applicable development standards identified in this Development Code or adopted by the Board.
(2) There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development without significantly lowering service levels.
(3) The proposed use and manner of development are in compliance with the goals, maps, policies, and standards of the General Plan, any applicable community plan or specific plan.
(4) The proposed use and manner of development are exempt from the California Environmental Quality Act (CEQA).
(h) Rejection or Alternative Processing Required. If the review authority cannot make the required findings listed in Subdivision (g), above, the project will be either rejected or elevated to a Minor Use Permit, as determined appropriate by the Director.
(i) Appeal. Appeal of a Site Plan Permit shall be limited to the determination that the land use being requested qualifies for the Site Plan Permit application.
(Ord. 4011, passed - -2007)