.010 Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the Specific Plan Area, all building plans shall be subject to review and approval of the City in compliance with all provisions of Chapter 18.60 (Procedures).
.020 Specific Plan Amendments. Specific Plan Amendments, including modification of development area boundaries or creation of new development areas, shall be processed in accordance with the provisions of Chapters 18.76 (Zoning Amendments) and 18.72 (Specific Plans).
.030 Specific Plan Adjustments. Modification to zoning and development standards in one or more development areas (including provisions pertaining to land uses) shall be processed in accordance with Chapter 18.72 (Specific Plans).
.040 Area Boundaries. The Specific Plan is divided into nine (9) development areas: Residential Low-Medium, Residential Medium, Mixed-Use Medium, Mixed-Use High, Neighborhood Commercial, Regional Commercial, Office, Public-Recreational and Semi-Public. The Specific Plan Area is identified on Figure 1-2, Beach Boulevard Planning Area, and the development areas are shown on Figure 4-1, Developmental Areas in the Specific Plan document. A legal description of the Specific Plan Area is provided in Ordinance No. 6454, approved by City Council on December 18, 2018.
.050 Interpretation. If ambiguity arises concerning the meaning or appropriate application of the provisions of the Specific Plan, the Planning and Building Director has the authority to make an interpretation. In so doing, the Director shall consider the following factors and document applicable findings accordingly:
.0501 The case is similar to previous interpretations of similar provisions;
.0502 The interpretation responds satisfactorily to the vision, intent and purpose of the Specific Plan;
.0503 The resulting project is consistent with the General Plan; and
.0504 The decision constitutes sound precedent for other similar situations.
.060 Nonconformities. Chapter 18.56 (Nonconformities) shall apply to any nonconforming lots, buildings and uses within the Beach Boulevard Specific Plan, with the following exception:
.0601 Nonconforming signs shall not be allowed to continue when there is a change in use of the property.
.0602 The adaptive reuse of motels, including nonconforming motels, is prohibited and their use shall not be allowed to continue when there is a change in use of the property.
.070 Administrative Review. Development applications for projects that comply with the vision of the Beach Boulevard Specific Plan and the Zoning and Development Standards of this chapter are eligible for administrative review. Such projects shall be required to process a Final Plan application, pursuant to Chapter 18.70 (Final Plan Reviews).
.0701 The Planning and Building Director shall have approval authority over the Final Plan, and the decision may be appealed to the Planning Commission. The Director shall also have the discretion to refer the application to Planning Commission.
.0702 For uses requiring discretionary review, such as an administrative adjustment, conditional use permit or variance, the Final Site Plan shall be submitted and reviewed for consistency with the Specific Plan in conjunction with the processing of the administrative adjustment, conditional use permit or variance.
.080 Administrative Adjustments. The Planning and Building Director, or his/her designee, may grant an administrative adjustment, according to the procedures contained in Section 18.62.040 (Administrative Adjustments) of Chapter 18.62 (Administrative Review). In addition to the required findings of Section 18.62.040, Administrative Adjustments shall be subject to the finding that the Administrative Adjustment does not change the vision or policy intent of the Specific Plan.
.090 Discretionary Review. Requests for discretionary review include applications for administrative adjustments as well as other applications subject to Planning Commission and/or City Council authority. Requests for a conditional use permit shall be processed in accordance with Chapter 18.66 (Conditional Use Permits). Requests for a variance shall be processed in accordance with Chapter 18.74 (Variances). Requests for a density bonus shall be processed in accordance with Chapter 18.52 (Density Bonuses).
.100 Severability. If a court determines that a provision of this chapter is unconstitutional or invalid, that determination shall not affect the validity of other parts of this chapter. (Ord. 6453 § 1 (part); December 18, 2018.)
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