(A) Purpose and Intent: The purpose of this section is to establish the application, review, and decision procedures for a Director’s Permit (DP). The DP enables the Planning Director to administratively review the location, site development, and/or conduct of certain land uses. DPs are not the automatic right of any applicant. An approved DP goes with the land and is non-transferrable to another location.
(B) Applicability: DPs are required for some land uses, subject to the permit requirements of the applicable zone district. A DP may only be issued in accordance with zone district requirements and with this section. Projects that seek ministerial approval shall comply with applicable Objective Design Standards contained in Chapter 4 (Residential) or Chapter 5 (Commercial).
(C) Applications:
1. Responsibility: The Director shall have the responsibility to approve, conditionally approve, or disapprove an DP. The Director may also decline to take action and forward the application for action to the Planning Commission at a public hearing.
2. Initiation of Application: DP applications may be initiated by the owner, owners, or their authorized agents of property in the City. The applicant shall submit an application in accordance with section 6-2-15, or 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:
(a) Submittal of all information and materials deemed necessary to render the requested land use decision before the application is deemed complete.
(b) Complete plans, scope of work, and description of the property involved and the proposed use.
(c) 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.
3. Project Review and Noticing: Applications for a DP shall be processed if the Director finds the application to be complete at the time of filing. The applicant shall be notified in writing within thirty (30) days if the application is complete.
(a) If the application is found to be incomplete, the Director shall notify the applicant in writing within thirty (30) days, indicating the additional information required to complete the application. The application will not be processed until the information is received by the Director.
(b) Each application shall be analyzed by the Director to ensure the application is consistent with the purpose and intent of this Section.
(c) The Director shall issue a Notice of Intended Decision, including the scheduled decision date, and shall be publicly noticed, consistent with Section 6-2-16 (Public Hearing and Notification Procedures) and state law.
(d) Public noticing shall be conducted in compliance with Section 6-2-16 (Public Hearing and Notification Procedures).
(D) Hearing and Decision:
1. Director’s Permit Decision/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.
2. Required Findings: The approval of a DP shall be accompanied by all the following findings:
(a) Approval of the DP would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood.
(b) 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, the Objective Design Standards contained in Chapter 4 or 5, and the character of any applicable Specific Plan.
(c) 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.
3. Conditions and Limitations: DPs may be granted upon such conditions and limitations as the Director shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of this Zoning Ordinance in entirety are achieved.
(E) Appeals and Revocations:
1. If the planning director determines that any conditions of approval of a director’s permit, have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation.