INTRODUCTION TO THE DISCRETIONARY APPROVAL PROCESS
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Discretionary Approval Packet


Introduction to the Discretionary Approval Process
    Discretionary Approval Process Flowchart
    Discretionary Approval/Permit Types
Filing Instructions
    Basic Requirements
    Special Requirements
    Exhibits
    Filing and Staff Review
Notification Map and Mailing List Instructions
Example of Notification List
Property Owners Certification and Agent Form
Property Owners List Form
Photograph Log of Existing Conditions
Land Use Application Fact Sheet
Discretionary Planning Permit Application Form
Environmental Impact Assessment Form


INTRODUCTION TO THE 
DISCRETIONARY APPROVAL
PROCESS

What is the Discretionary Approval Process?

Discretionary Approval refers to projects or uses which require discretionary approval by the City Council and/or Planning Commission, according to Federal, State, or local laws. The two (2) key purposes of Discretionary Approval are to allow for citizen-based public evaluation of project quality, and the ability of the City to approve, conditionally approve, or deny a project.

The first phase of the Discretionary Approval process is the definition of the proposed project, involving the preparation of a Staff report and exhibits that clearly explain a project to decision-makers and citizens. In the second phase, environmental determination, the potential environmental impacts of a project are evaluated in accordance with State law and presented in the Staff report to decision-makers. Public review and comment, the third phase of the process, provides the opportunity for the public to review and comment on a project. The last phase is discretionary decision-making by the City Council and/or Planning Commission, in which the project is approved, conditionally approved, or denied.

Due to the complexities and unique aspects of any given project, the City of Dana Point has established a project manager-type of approval process. Your planner will act as the project manager for your discretionary application, will be your direct contact during the process, and will help coordinate your application through the various review procedures and noticing requirements. The process requires significant time and coordination between you as an applicant, your planner, and all of the other various components of this process. Whenever you have questions as to where your application is in the process, what steps need to be taken, or how your project can be better coordinated, please contact your planner.

The goal of the City is to assist you as much as possible in creating a quality project consistent with community goals and policies. A flowchart outlining the discretionary approval process is on the back of this flyer, along with a list of the types of discretionary approvals or permits issued by the City. An application packet for Discretionary Approval is also attached. Please refer to the handouts for each of the approval or permit types for additional information, application requirements, and issues of concern.

 

Discretionary Approval Process Flowchart

***Need to insert flow chart ***

Discretionary Approval/Permit Types

Coastal Development Permit
Site Development Permit
Tentative Map
Zone Text Amendment
General Plan Amendment
Conditional Use Permit
Zone Change
Variance
Local Coastal Program Amendment

FILING INSTRUCTIONS SHEET

PLANNER__________________

TELEPHONE________________

DATE ______________________

ESTIMATED FILING FEE/DEPOSIT ______________________

ESTIMATED CEQA FEE                                     $1,288/$888/$43

 

CITY OF DANA POINT

FILING INSTRUCTIONS

FOR
_______________________

The following general instructions are intended to provide the necessary basic information for processing most land use applications in the most expeditious manner possible. If you have any questions, please consult with a Staff Planner at (949) 248-3560, or stop in during Planning's counter hours between 8:00 a.m. and 12:00 noon, or set up an appointment with a Planner for the afternoon.

 Basic Requirements:

1. Site plans which include: Building, Preliminary Landscape Plan, Elevations, and Floor Plans.

2. Letter of project Justification/Explanation.

3. Legal Description of the property.

4. Ownership List, Map, Labels, and Check for Public Notification.

5. Property Owners Certification and Agent Form. Click HERE for form.

6. Planning Application and Fees    Click HERE  for form.

7. CEQA - Environmental Assessment. Click HERE for form.

8. Photograph log of existing conditions  Click HERE for log.

9. Land Use Application Fact Sheet  Click HERE for form.

Special Requirements: (If Applicable to your Project)

      A. Projects within Flood Hazard Areas

á FP - 1,2, or 3 Analysis

      B. Projects on, above or below bluffs or steep slopes:

          á A detailed geotechnical study addressing bluff stability

      C. Multi-Tenant Commercial, Office, or Residential Buildings:

          á A comprehensive Sign Program

      D. Other: _____________________________

      Ask Staff Planner

Exhibits:

The applicant prepares the required exhibits as shown on the list below. All plans, legal descriptions, and other documents must be submitted on sheets not less than 81Ú2" x 11" in size, and not greater than 24" x 36" in size. All application material between 81Ú2" x 11" and 24" x 36" in size shall be folded to a maximum of 81Ú2" x 11" in size to be received. This allows for easy transmittal and filing of your exhibits.

Plans must be carefully drawn and easily legible. If the plan is not so drawn, it will not be accepted for filing.

The Community Development Department cannot consider an application that is incomplete or incorrectly prepared. Particular attention should be given to the preparation of the Site Plans. The Site Plans should be very thorough and show both existing and proposed site conditions. The applicant or his agent must hand deliver the required exhibits; PLEASE DO NOT MAIL EXHIBITS.

1. Site Plans: Building Plan, Preliminary Landscape Plan, Elevations, and Floor Plans -Fifteen (15) copies containing the following information:

          a. Adequate identification of all lines shown on site plan.

          b. Title Block (name and address or property owner of record).

          c. Scale, north arrow, and date prepared.

          d. Property lines of building site and their dimensions.

          e. Ultimate street right-of-way lines designated.

          f. Streets: location, name and width, and existing improvements including sidewalks and bike facilities.

          g. Easements: locations, purpose, and width.

          h. Buildings: existing and proposed, location and size, showing distances from property lines, existing and proposed rooflines.

          i. Access (driveways, etc.): existing and proposed location, add dimensions and materials.

          j. Fencing, non-retaining walls: existing and proposed, type, location, height, and materials.

          k. Retaining walls existing or proposed: type, location, height, and materials.

          l. Topography, showing existing and proposed grades.

          m. Site and building elevations; indicating materials and colors, and internal cross-sections showing all dimensions if applicable, indicating height limits and height proposed.

          n. Parking areas designed to City Standards. Show typical space(s), and give a tabulation of required and proposed parking stall numbers based on gross square footage of building floor area and outside activity areas.

          o. Signs: type, location, height, dimensions, and sign copy. Also, state if lighted and type of lighting.

          p. Preliminary landscape plan (detailed landscape plans may be required after a project is approved). Indicate percentage of lot that is landscaped and size, type and location of landscaping. Provide on the landscape plan a water use analysis.

          q. Vicinity map which clearly shows the location of the site. Please try to use a scale of approximately 1" = 1,000'.

      r. Building Floor Plan (if a building is proposed).

          s. Building Elevations: Views of the North, Southeast and West sides of all proposed building or building modifications.

          t. Trash facilities: Show location and method of screening for trash containers.

          u. Please note that all plans and exhibits must be folded to a maximum size of 81Ú2" x 11".

          v. Other ___________________

2. Letter of Justification/Explanation - one copy written by the applicant which clearly describes and explains the following in detail:

          a. The proposed use and existing site conditions.

          b. How the proposed use is justified in reference to:

1) Compatibility. The location, size design, and operating characteristics of the proposed use will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity.

2) General welfare. The application will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

c. If a variance is requested, the following justification is required:

      1) Special-circumstances. There are special circumstances applicable to the subject building site which, when applicable zoning regulations are strictly applied, deprive the subject building site of privileges enjoyed by other property in the vicinity and subject to the same zoning regulations.

      2) Not a special privilege. Approval of the application will not constitute a grant of special privileges, which are inconsistent with the limitations placed upon other properties in the vicinity and subject to the same zoning regulations, when the specified conditions are complied with.

3. Legal Description of Site

      a. Provide one copy of recorded grant deed if property is not located in a recorded tract. Where parcels are lot(s) in a recorded tract, the information may be noted on the plot plan by Tract and Lot number.

      b. Provide two copies of a recent (within six [6] months) preliminary title report for all property in which development is proposed.

4. Ownership List and Map - one copy of a certified list of the names and addresses of all property owners (including all condominium unit owners) within a 500-foot radius of the exterior boundary of the subject property. For Coastal Development Permit applications, an additional 100-foot occupant map will be required. Click HERE for notification map and mailing list instructions.

5. Property Owners Certification and Agent Form. If the landowner does not sign the Planning Application, both the owner and agent must complete the form. Click HERE for the form.

6. Planning Application - Please completely fill out the Planning Application form. Fees are based on the time and materials necessary to analyze and process your application. Your Staff Planner will itemize the costs incurred in analyzing your application and refund any surplus deposit, or bill for any additional fee. Fee deposits range from $190.00 to $5,000.00. Ask a Planner for exact amount and fee deposit needed. Click HERE for this form

7. California Environmental Quality Act [CEQA] - Environmental Analysis - All projects must be reviewed for conformance with CEQA. An environmental determination with respect to CEQA must be made prior to setting a public hearing date. For assistance, please see Dana Point City Planner for any additional information and/or exhibits that may be required for environmental review. Click HERE for this form.

8. Photo Log of Existing Conditions - Please complete the Photo Log as shown HERE. This will allow the Planning Commission and/or the City Council to assess the Land Use compatibility and enhancement of your project to surrounding areas.

9. Land Use Application Fact Sheet - Please complete this Fact Sheet as shown HERE. This Fact Sheet allows the Planning Commission and/or the City Council to compare your project with City standards and to monitor development approvals.


Filing and Staff Review

To file an application, the applicant or his agent needs to bring all the exhibits described above to the City of Dana Point Community Development Department located at 33282 Golden Lantern, Suite 212, Dana Point, California 92629. You will want to meet with a Staff Planner. After they have briefly reviewed the plans and application to assure all the basic items are included and in the proper format, and the fees have been paid, the project will be deemed filed. Filing hours are 8:00 a.m. to 12:00 noon, Monday through Friday.

Your project will be assigned to one of the City of Dana Point's Planners. Your Planner will be responsible for managing the City's analysis of your proposed project. You will receive a detailed, written response to your proposal outlining any additional information needs or issues of concern within 30 days of the date of your project's filing.

The written notification will indicate whether your project has been determined "complete" or "incomplete".

If a project is determined "complete", Staff will conduct Environmental Analysis and may begin scheduling your project for the next available Planning Commission Agenda (pending the submittal of any minor additional information requested by Staff). Staff may also indicate "Issues of Concern" with regard to your proposal that should be resolved prior to scheduling your project.

If your project is determined "incomplete", Staff will respond in two areas. First, Staff will indicate those "Items Needed to Complete the Application". Second, Staff may also indicate any "Issues of Concern" that Staff has with regard to your proposal. When resubmitting a project (after it has been determined "incomplete"), please submit all items "needed to complete the application" and respond to all "Issues of Concern" at one time, and in a neat order. Fifteen (15) sets of revised exhibits are required for all re-submittals. Once your resubmittal is received, Staff will review and respond in writing in 30 days and determine if the application is "complete" or "incomplete".

If you have any questions, please see your project Planner.


NOTIFICATION MAP AND MAILING LIST INSTRUCTIONS

Written Notification of nearby Property Owners and Occupants in Connection with Applications to be heard by the Planning Commission is required by State and City of Dana Point Laws.

I. The applicant or agent is responsible for the following steps in the notification process.

          A. Preparation of a "Notification Map" (one copy).

          B. Compilation of the "Mailing List" (one copy).

          C. Preparation of the "Label List" (1" X 2-5/8" labels) (Two sets).

          D. A check to the City for the amount of postage for one set of labels ($.33 X the number of address labels). If a project is appealed, the applicant will be required to submit a second check for additional postage.

          E. Submittal to the Community Development Department.

Many Title Companies or other firms will prepare the mailing list for a charge. You as the applicant, however, are responsible for the accuracy of their information.

II. PROCEDURE

          A. Preparation of the "Notification Map".

              1. Obtain the Assessor's Parcel (AP) number(s) from the most recent Assessor or tax bill for the property concerned.

              2. Locate the subject parcel on the proper page of the Assessor's map books in Room 147, Building 12, 400 Civic Center Drive West, Santa Ana, California 92705.

              3. With the scale shown on the AP map, measure 500' from all of the exterior boundaries of the subject parcel to determine the A.P. book pages required to prepare a "notification map". Draw the 500' line on all A.P. pages.

              4. If the maps are the same scale, the most convenient method of determining the notification area is to "cut and paste" the maps together in such a manner that the subject parcel is in the center and all parcels and their numbers within 500' are clearly shown. Some adjustments or sketching may be required when maps are of different scales.

              5. If the project is for a Coastal Development Permit, an additional list of all occupants (or addresses) within 100 feet radius must be prepared. Label this list as the 100-foot radius occupants list.

          B. Compilation of the "Mailing List."

              1. A "Parcel List" is then prepared by noting the AP numbers of parcels, all or parts of which are within the 500 and 100 foot radius notification areas. The numbers are to be listed in ascending numerical order, with the subject parcel number(s) at the beginning of the list.

              2. The "Mailing List" may be properly prepared in two ways:

                  a. Add name and address of the project property owners agent (if any) at the top of the list (see Page 13). Type the owner name and address (including zip code) and Assessors Parcel Number for each parcel as obtained from the Assessor's numerical parcel list.

                  Copy of the list will be required for the agency file. (See C1 below).

or

                  b. Purchase the list of owner names by pages from the Assessor with necessary assistance from the Assessor's Public Service counter personnel. Make a check mark beside each name to be notified.

              3. You must certify to the accuracy and completeness of the list by owner or agent signature in the appropriate box. An incomplete list, discovered after a project is approved, may negate such approval.

          C. Preparation of the Labels.

              1. The owner name and address, including zip code, shall be typed (or printed) on a business (1" x 2-5/8") size label. Labels to occupants should be addressed to "Occupants" followed by the site address. The parcel number may be included on the label for convenience.

              2. Only one label need be prepared for property owners of more than one parcel, which is to be mailed to the identical address.

              3. PLEASE DO NOT use labels that have a printed return address. The Community Development Department will stamp the return address of the City on the notice.

              4. Submit two (2) complete sets of labels.

          D. Payment for postage.

              1. A check must be delivered with the mailing list and labels to cover the cost of postage for the notices. To calculate the amount of postage, multiply the current cost of a first class postage stamp by the number of labels prepared. You as the applicant are responsible for the accuracy of the funds to cover the cost of postage. In the event that your project is appealed to the City Council, you will be requested to submit a second check for the same amount to cover the cost of a second public hearing notice mailing.

          E. Submittal to Community Development Department.

              1. The notification map, mailing list, labels, and check shall be submitted to the Community Development Department at the time of filing and application and payment of the required fee.


EXAMPLE OF NOTIFICATION LIST

FF #:_____________________

Project #:__________________

500' radius of : PO/OCU

Sheet # _______of __________

Date of Assessor's Info

Date of Submittal to
City of Dana Point

 

 

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