Chapter 17.74
SITE DEVELOPMENT PERMITS
Sections:
17.74.080 Denial, appeal, resubmittal.
17.74.090 Effective date, activation, expiration and extensions, revocation.
17.74.010 Purpose and intent.
The site development permit process is intended to ensure that development is consistent with the city’s adopted design standards, short- and long-range plans, and accepted planning and engineering practices. It is further intended to promote, preserve, and enhance the city’s appearance while protecting the public health, safety, and general welfare. Site development permits may be subject to review pursuant to the California Environmental Quality Act. (Ord. 510 §5, 2021)
17.74.020 Applicability.
A site development permit shall be secured prior to construction or expansion of the following unless excepted as provided in Section 17.74.030:
A. Building Projects. Building projects valued at five hundred thousand dollars or more as determined by the current building standards valuation tables in any historical commercial (HC), community commercial (CC), shopping center commercial (SC), visitor-serving commercial (VC), business attraction and expansion (BAE), industrial (IND), R-2 (medium density residential), R-3 (high density residential), or recreational (REC) district. This section applies also to any combination of these zoning districts with other zoning districts or with a combining district(s);
B. Mobilehome parks, recreational vehicle parks, campgrounds, and airports. (Ord. 510 §5, 2021)
17.74.030 Exceptions.
The following exceptions apply to site development permits only. Other entitlements or review procedures may be required (e.g., conditional use permit, site plan review permit, variance, finding of architectural conformity for projects in the historical commercial district per Section 17.26.080).
No site development permit is required:
A. For construction consisting of exterior repairs. If a previously issued land use entitlement governs the structure’s exterior design, exterior repairs shall conform with applicable conditions;
B. Where construction adds a total of two thousand five hundred square feet or less, or fifty percent of the floor area of the structure(s) before the addition, whichever is less;
C. Construction projects adding appurtenances, such as fences or overhangs, to exterior areas used for the operation of a permitted use on the site prior to the addition;
D. When a site plan review permit has been approved in accordance with Chapter 17.73;
E. For construction of the first single-family residence, duplex, or triplex on a single parcel of land zoned for such use. The value of the first residence, duplex, triplex or unit shall be included in subsequent valuations used to determine permit requirements;
F. If a conditional use permit or development agreement has been issued, provided the development under consideration is similar to that required for the site development permit, a site development permit will not additionally be required; however, those standards included in the site development permit process as set forth in Section 17.74.050(B) shall be included in the review associated with the conditional use permit or development agreement;
G. For emergency shelters and homeless shelters in the CC and SC zoning districts constructed subject to the standards established in Section 17.52.030;
H. Special needs housing for six or fewer persons in R-2 or R-3 zones. These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone excepting for state licensing requirements as prescribed by law;
I. Small and large family day care homes within a permitted family dwelling in the R-2 and R-3 zones. These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone;
J. Transitional and supportive housing within a permitted family dwelling in the R-2 and R-3 zones. These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone;
K. Employee or farmworker housing for six or fewer employees in the R-2 and R-3 zones;
L. Construction projects involving only interior alterations not exceeding ten percent of the facility or more than five hundred square feet, whichever is less, in the historical commercial district;
M. Construction projects involving only interior alterations not exceeding fifteen percent of the facility or more than one thousand square feet, whichever is less, and where no change in landscaping area or parking by more than fifteen percent occurs in the CC, SC, VC, BAE, IND, R-2, R-3 or REC districts. (Ord. 510 §5, 2021)
17.74.040 Application.
The owner, or agent authorized by the owner, shall apply for a site development permit on a form prescribed by the city planner. The application shall be submitted to the community development department accompanied by a fee established by the city council. Accompanying submittals shall include such plans, elevations, studies, and other information as determined necessary by the city planner to evaluate the potential environmental impacts of the proposed use based on the nature and location of the proposed project. (Ord. 510 §5, 2021)
17.74.050 Processing.
A. Notification. At least ten days prior to issuance of a site development permit, the city planner shall notify adjacent landowners describing the nature and location of the proposal and soliciting input. Notification will be via mail or email to landowners within a minimum of three hundred feet from the proposed project.
B. Review. The city planner shall review the application for conformance with adopted codes, standards, plans, and the accepted planning and engineering practices including, but not limited to, site layout, structure design, landscaping, water and sewer service, other utilities, drainage, erosion control, police protection, fire protection, access, traffic circulation, parking, street improvements, and potential environmental impacts. The city planner shall report his or her findings to the planning commission for consideration.
C. Public Hearing. Site development permit applications shall be subject to a duly noticed public hearing before the planning commission prior to consideration of approval, conditional approval or denial by the commission.
D. Planning Commission. The planning commission is charged with determining whether the design, layout, and other features of the proposed development are in keeping with the intent and purposes set forth in Section 17.74.010 and the findings in Section 17.74.060. In making the required findings, the planning commission may impose conditions as provided in Section 17.74.070. The planning commission will act on the site development permit in accordance with the planning commission procedures set forth in Chapter 17.85 at the commission’s next regularly scheduled public meeting following receipt of the city planner’s report, unless a special meeting is called. (Ord. 510 §5, 2021)
17.74.060 Required findings.
Prior to approving a site development permit, the planning commission shall make the following findings:
A. The proposed use and design are consistent with the city of Angels Municipal Code; and
B. The proposed use and design are consistent with the city of Angels general plan; and
C. The proposed use and design are consistent with adopted city design standards, adopted city short- and long-range plans, and accepted planning and engineering practices; and
D. Under the circumstances of the particular case, the proposed use and design will not be substantially detrimental to the health, safety, or general welfare of the city. (Ord. 510 §5, 2021)
17.74.070 Conditions.
In approving a site development permit, the planning commission has authority to impose such conditions as it deems necessary to protect the public health, safety, and general welfare in line with the standards set forth in this title, the general plan, adopted city design standards, adopted city short- and long-range plans, and accepted planning and engineering practices. (Ord. 510 §5, 2021)
17.74.080 Denial, appeal, resubmittal.
A. Denial. The planning commission shall deny a site development permit if it cannot make all the findings in Section 17.74.060.
B. Appeal. Appeals of planning commission decisions may be made to the city council in accordance with Section 17.81.010.
C. Resubmittal. If an application is denied by the planning commission and no appeal is made or an appeal is denied by the city council, an application for substantially the same project cannot be submitted for one year from the date of denial. (Ord. 510 §5, 2021)
17.74.090 Effective date, activation, expiration and extensions, revocation.
A. Effective Date. A site development permit issued pursuant to this chapter shall not be effective until any appeal filed pursuant to Section 17.81.010 has concluded, or the time for filing an appeal has expired.
B. Activation. A site development permit shall be deemed activated by the commencement of the use for which the entitlement was issued or issuance of a permit required to commence construction (e.g., building permit, grading permit, encroachment permit). Once activated, the entitlement shall not expire except as otherwise provided.
C. Expiration and Extensions. Expirations and extensions of site development permits shall be in accordance with Chapter 17.87.
D. Revocation. The project conditions of approval are part of the site development permit. If the conditions of approval are not carried out in accordance with the approved site development permit and the grantee is given notice by the community development department to bring such use into compliance within thirty days and fails to do so, the city planner may revoke the permit. The city planner may immediately revoke the permit if he/she determines such action is necessary to prevent irreparable harm from failure to comply with the terms of the permit. The city planner may alternatively, or additionally, undertake code enforcement actions pursuant to Chapter 1.16, 1.17, 1.18 or 1.19. (Ord. 510 §5, 2021)