Chapter 17.22
SITE PLAN PERMITS
Sections:
17.22.030 Revised and changed plans.
17.22.035 Requirements for site plan permit.
17.22.050 Period of validity, establishment and expiration.
17.22.070 Subsequent site plan permit.
17.22.010 Site plan permits.
A. The purpose of a site plan permit is to provide for administrative review of detailed development plans for a proposed use. Uses which require a site plan permit are regarded as having a significant potential for adverse impacts on the subject site or surrounding community due to the nature or magnitude of the use vis-a-vis the sensitivity of the subject site or surrounding community.
The site plan review process shall apply only in the R-M and C zones when a new structure is added, when a second story is added, when one thousand square feet or more of floor area is added, or when a grading permit is required. The site plan review process shall ensure that the development standards and other city land use regulatory ordinances are applied in a coordinated fashion. The process shall incorporate architectural review conducted by the Palos Verdes Homes Association art jury and any other function of the Homes Association in order to assist in project coordination. This process is intended to promote coordination and consistency by providing all interested parties with sufficient facts to fully understand the implications and merits of a project and by facilitating well-informed decisions.
Establishment, maintenance and operation of the use or uses proposed by the application shall be in compliance with the information and specifications shown on the approved site plan permit.
A site plan permit is a precise plan of development and shall include the following:
1. A description of the use(s) and operating characteristics, including circulation and parking;
2. A plot plan showing the location of all uses;
3. Supplementary exhibits, as necessary, to show other information which may be required such as building elevations, landscaping, infrastructure, and grading;
4. Proposed conditions of approval.
B. A site plan permit may have more restrictive site development standards than required in the zone in order to make the required findings under PVEMC 17.22.035. Conversely, a site plan permit may have less restrictive site development standards if allowed by the specific plan for the zone and if the required findings under PVEMC 17.22.035 can be made.
C. A site plan permit application may be submitted only by a property owner of the subject property, by his authorized agent, or by a public agency.
D. Site plan permits are applicable to the subject property and all rights granted by the approval of a site plan permit remain with the property and all conditions and requirements of a site plan permit are passed on to the new property owner when there is a change of ownership. A site plan permit does not extend the expiration date of any other permit required by improvements to the site.
E. Conditions, requirements and standards, indicated graphically or in writing as part of any site plan permit granted by authority of this chapter, shall have the same force and effect as the zoning requirements of this title and PVEMC Title 18. Any use or development established as a result of an approved site plan permit but not in compliance with all such conditions, requirements or standards shall be in violation of this code; and Chapter 17.32 PVEMC, Enforcement, shall be applicable. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 598 § 5, 1996; Ord. 529 § 16, 1991; Ord. 496 § 3, 1989)
17.22.020 Applications.
A. Each application for a site plan permit shall be filed with the director on a form prescribed by, and with all documents and information required by, the director.
B. Any property owner, the authorized agent of the property owner, or a local agency may submit an application for a site plan permit in compliance with the filing instructions. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 17, 1991; Ord. 496 § 3, 1989)
17.22.030 Revised and changed plans.
A. When the planning commission or council approves an application for any site plan permit in a manner that is different from that which was presented, the planning commission or city council may require revised plans to be submitted as a condition of approval. No building or grading permits or certificates of use and occupancy authorized by site plan permit shall be issued until such revised plans are submitted to the director and found by the director to be consistent with the action of the approving authority. If such revision is not submitted within sixty days, or as otherwise specified by the approving authority, after the date of final determination, the permit shall thereafter be null and void. Nevertheless, prior to the expiration of this period, the director may grant one extension of time of an additional sixty days if it is requested and justified by the applicant.
B. Plans that are changed from those approved by the planning commission or city council may be submitted to the director. If the director determines that the proposed changed plan is a minor amendment of no significant effect, and complies with the spirit and intent of the original approving action, the director may approve the changed plan without further compliance with this chapter. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 18, 1991; Ord. 496 § 3, 1989)
17.22.035 Requirements for site plan permit.
A. The planning commission or city council, as provided in this chapter, in granting or approving a site plan permit application must find that:
1. The use or project proposed is consistent with the general plan;
2. The use or project is consistent with any specific plan;
3. The use, activity, or improvements proposed by the application are consistent with the provisions of this title and PVEMC Title 18;
4. The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act and Chapter 17.10 PVEMC;
5. The neighborhood compatibility requirements of Chapter 18.36 PVEMC have been satisfied;
6. The art jury of the Palos Verdes Home Association has completed its architectural review and has approved the project; and
7. The application will not result in conditions or circumstances contrary to the public health and safety and the general welfare.
B. In approving any application for a site plan permit, the planning commission or city council may impose such conditions as the planning commission or city council deems necessary or desirable to ensure that the proposed use, activity, or improvements will be established, operated, and maintained in accordance with the provisions of this chapter and any other conditions necessary to achieve the objectives of the general plan, any specific plan, and the zoning code.
C. After the date of final determination by the planning commission or the city council, and after compliance with the provisions of this section, the proposed project may be established in compliance with all applicable regulations with the provision of the application as approved, and with the provisions and requirements of the conditions of approval. Alternately, with the concurrence of or at the request of the applicant, any site plan permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 19, 1991)
17.22.040 Fees.
A. A filing fee to defray the cost of processing and notification for each site plan permit application shall be paid by the property owner or his authorized agent. Such fees shall be in accordance with the fee schedule currently in effect as adopted by resolution of the city council. When different types of permits are combined per PVEMC 17.22.010(A), the type of permit application requiring the highest fee shall be the applicable fee for the combined application, plus one hundred dollars for each additional permit included in the combined application.
B. The filing fee shall be waived for an application filed by any city, county, district, state or federal government, or agency thereof.
C. The planning director may refund a filing fee in whole upon a determination that the application was erroneously required or filed. The fee may be refunded pro rata, based on the cost of processing the application, if the application is withdrawn prior to a decision thereon. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 496 § 3, 1989)
17.22.050 Period of validity, establishment and expiration.
A. The period of validity of a site plan permit established pursuant to subsection B of this section shall be indefinite, or as stated in the permit, provided none of the grounds for revocation listed in PVEMC 17.22.060 are present.
B. A site plan permit shall be deemed established if, within ninety days of approval, all ministerial permits, including building permits, are obtained. In the case of a site plan permit where no ministerial permits are required, the permit is established when the use authorized by the permit is actually commenced within one year of the site plan permit approval. In circumstances where a certificate of use and occupancy is required, such certificate must be obtained for the permit to be established.
C. Site plan permits shall expire and be of no further force or effect if the permit is not established or, after establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 496 § 3, 1989)
17.22.060 Revocation.
A. Any site plan permit may be revoked by the approving authority pursuant to the provisions of this section on any of the following grounds:
1. Such approval was based on inaccurate or misleading information;
2. One or more of the conditions upon which such approval was granted or extended have been violated;
3. Due to a change in conditions occurring after the original grant, the approval, or the continuation of the use as approved, is contrary to the public health, safety or general welfare, or is detrimental to or incompatible with other permitted uses in the vicinity;
4. The findings which were the basis for the original permit approval can no longer be made;
5. Regulations applicable when the permit was approved have been amended.
B. Prior to any revocation, the approving authority shall hold a public hearing. The hearing shall be preceded by notice given in the same manner as was required to be given for consideration of issuance of the permit, except that the permittee shall be given not less than fifteen days’ notice. The notice shall state the causes for which revocation is considered.
C. Following the hearing, the approving authority may revoke the permit, impose additional conditions on the permit, or revoke the permit subject to reinstatement upon compliance with specified conditions.
D. If a revocation of any approval is ordered, the approving authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of the amortization period may be granted for good cause shown on application to the approving authority by any affected person. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 496 § 3, 1989)
17.22.070 Subsequent site plan permit.
Any application for a site plan permit for a site where a site plan permit has already been approved shall be deemed to be an application for a subsequent site plan permit. A subsequent site plan permit may be approved on the condition that it supersedes all prior site plan permits. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 496 § 3, 1989)