§ 23.02.034. Development Plan.

The purpose of a Development Plan is to: enable public review of significant land use proposals; and to insure the proper integration into the community of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner. The Development Plan process includes a public hearing before the Review Authority. Action on a Development Plan is discretionary and may include: approval based on the standards of this title; approval with conditions; or disapproval, based on conflict with the provisions of this code, or information in the staff report or public hearing testimony. When Development Plan approval is required by this title, preparation and processing of the application shall be as follows:

a.

Development Plan content. The content of a Development Plan application is to be the same as required for Minor Use Permits by Section 23.02.033.

b.

Development Plan processing. Development Plan applications are to be submitted to the Planning Department, and shall be processed as follows:

(1)

Environmental determination. When a Development Plan application has been accepted for processing as set forth in Section 23.02.022 (Determination of Completeness), it shall be subject to an environmental determination as required by the California Environmental Quality Act (CEQA). No action shall be taken to approve or conditionally approve the application until the environmental determination results in:

(i)

A statement by the Environmental Coordinator that the project is exempt from the provisions of CEQA; or

(ii)

Approval of a negative declaration by the decision-making body pursuant to CEQA; or

(iii)

Certification of a final environmental impact report (EIR) by the decision-making body pursuant to CEQA.

(2)

Staff report. Following completion of an Environmental Determination, the Planning Department shall prepare a staff report that:

(i)

Describes the characteristics of the proposed land use or development project, as well as the project site and its surroundings; and

(ii)

References applicable county land use policies; and

(iii)

Determines whether the proposed use or project satisfies at minimum the provisions of this title; and

(iv)

Recommends whether, and on what basis, the proposal should be approved, conditionally approved or disapproved.

(3)

Public hearing. The Planning Director shall schedule the Development Plan for public hearing before the Review Authority as set forth in Section 23.01.060.

c.

Development Plan approval or disapproval. The authority to take final action on a Development Plan as set forth in this subsection is assigned to the Subdivision Review Board or Planning Commission. Where a Development Plan application is required in conjunction with a land division application, the advisory agency designated to take action on the land division by Title 21 of this code shall consider both the Development Plan application and the land division application on the same agenda. Final action on the Development Plan shall occur prior to final action on the land division application. In all other cases requiring Development Plan approval only, the Planning Commission is assigned to take final action. Decisions of the Review Authority may be appealed to the Board of Supervisors (Section 23.01.042), and certain projects may also be appealed to the Coastal Commission pursuant to Section 23.01.043.

(1)

Conditions of approval. After the conclusion of a public hearing, the Review Authority may approve, conditionally approve, or disapprove the Development Plan. In conditionally approving a Development Plan, the Review Authority shall designate such conditions to satisfy any requirements of CEQA, and to:

(i)

Secure compliance with the objectives and requirements of this title, the Land Use Element and the Local Coastal Plan; and

(ii)

Designate time limits or phasing schedules other than those specified in Section 23.02.040 (Permit Time Limits) for the completion of projects, when deemed appropriate.

(iii)

Identify the specific land uses from Coastal Table O, Part I of the Land Use Element, which may be established on the site pursuant to the Development Plan approval.

(2)

Additional conditions. In addition to the conditions of subsection 23.02.034c(1), the Review Authority may adopt other conditions, including but not limited to:

(i)

Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 23.02.060 (Guarantees of Performance);

(ii)

Requiring installation of specific on-site or off-site improvements;

(iii)

Modifying, superseding or replacing conditions of approval imposed on the subject site or land use by a previous Development Plan, Minor Use Permit or any land use permit issued pursuant to the zoning ordinance (Ordinance No. 603).

(iv)

Authorizing land uses on the site in addition to those requested in the Development Plan application where such additional uses would normally be required by this title to have Plot Plan or Minor Use Permit approval.

(v)

Any other conditions judged by the Planning Commission to be necessary to achieve compatibility between the proposed use and its site, its immediate surroundings, and the community.

(3)

Effect of conditions. Whenever a Development Plan approval is granted or amended subject to conditions, use or enjoyment of the Development Plan approval in violation, or without observance of any such condition shall constitute a violation of the Coastal Zone Land Use Ordinance. In the event of such a violation, the approval may be revoked or modified as provided in Section 23.10.160 (Permit Revocation). The duration of conditions is established in Section 23.02.052 (Lapse of Land Use Permit).

(4)

Required findings. The Review Authority shall not approve or conditionally approve a Development Plan unless it first finds that:

(i)

The proposed project or use is consistent with the Local Coastal Program and the Land Use Element of the general plan; and

(ii)

The proposed project or use satisfies all applicable provisions of this title; and

(iii)

The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and

(iv)

The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and

(v)

The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved with the project.

(vi)

The proposed use or land division (if located between the first public road and the sea or the shoreline of any body of water), is in conformity with the public access and recreation policies of Chapter 3 of the California Coastal Act.

(vii)

Any additional findings required by planning area standards (Part II of the Land Use Element), combining designation (Chapter 23.07), or special use (Chapter 23.08).

d.

Effective date of land use permit: Except where otherwise provided by Section 23.01.043 for projects that may be appealed to the Coastal Commission, the approval of a Development Plan shall become final and effective for the purposes of construction permit issuance, business license clearance, or establishment of a non-structural use, on the 15th day following the act of Review Authority approval; unless an appeal is filed as set forth in Section 23.01.042 (Appeal). A land use permit for appealable development shall not become effective until the requirements of Section 23.02.039 are met.

[Amended 1992, Ord. 2584; 1995, Ord. 2715]