Chapter 17.96
DEVELOPMENT PLAN REVIEW PERMIT
Sections:
17.96.030 Building permit required.
17.96.040 Application filing and contents.
17.96.060 Resolution for decision.
17.96.080 Conditions of approval.
17.96.090 Development standards.
17.96.100 Lapse of development plan review permit.
17.96.110 Revocation or modification.
17.96.010 Purpose.
The purpose of the development plan review permit is to provide the city with a planning and design "tool" that can be used in assisting developments in planned development and smart development combining districts achieve comprehensive development that is superior to traditional development of the recent past by increasing walkability and connectivity while achieving the higher net density and preservation of open space goals set forth by the general plan. (Ord. 24-01 §2(Exh. A-1)).
17.96.020 Applicability.
A. An application for a development plan review permit shall be required for all proposed developments in a combining zone district.
B. The provisions of this chapter shall apply to the following activities within the jurisdiction of the city:
1. Applicable Development Projects. A development plan permit shall be required for all residential and nonresidential development projects within a combining zone district.
2. Development Plan Review Permit Precedes Building or Grading Permits. For projects proposed within a combining zone district, a building or grading permit shall not be issued until the development plan review permit has been approved in compliance with this chapter.
3. Activities Only Allowed in Base Zoning District. A development plan review permit shall not authorize a land use activity that is not allowed in the base zoning district.
C. Modify Standards. The development plan review permit may adjust or modify, where necessary and justifiable, all applicable development standards (i.e., parcel coverage, structure height, setbacks, fence and wall heights, landscaping, open space) identified in this zoning code, with the exception of an increase in the applicable general plan density.
1. If public dedicated streets are used, then the total area of all streets within the property shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed.
2. If all the streets and roadways are private, then the gross area of the property shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed.
3. If a combination of public and private streets is used, then only that total area of all public streets shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed.
D. Development plan review shall comply with Chapter 17.46 (Multi-Unit Dwelling Objective Design Standards), Chapter 17.48 (Single-Unit Dwelling Design Standards), and any other development guidelines adopted by resolution of the city council.
E. Residential development projects with increased density or intensity standards may only be approved in compliance with state law (Government Code Section 65915 and Chapter 17.42 (Density Bonuses)). (Ord. 24-01 §2(Exh. A-1)).
17.96.030 Building permit required.
A. Before a building permit is issued for any building or structure that is subject to a development plan review, the director shall determine that the proposed structure conforms with the approved development plan.
B. The city engineer shall determine that all required dedications have been recorded; a letter has been furnished by the applicant from all appropriate utilities that all necessary utilities will be installed in compliance with the city standards; and all off-site improvements (within the city right-of-way) have provided appropriate improvement security, such as a bond, cash deposit or instrument of credit.
C. Before a certificate of occupancy is issued, the building official shall determine if all the applicable conditions of the development plan have been complied with. (Ord. 24-01 §2(Exh. A-1)).
17.96.040 Application filing and contents.
A. The applicant shall submit sets of prints of the development plan to the division, as deemed necessary by the director. The development plan review application materials shall include the following:
1. Site plan drawn to scale with the following information:
a. Legal description and boundary survey map of the exterior boundaries of the parcel to be developed;
b. Plot plan of land to be developed, showing residential uses by type, number, and size; residential parcels by type, number and size; open space uses; streets, rights-of-way and easements; and proposed on-site and off-site improvements, including landscaping, walls and fences, street and sidewalk improvements, lighting and infrastructure;
2. A grading and drainage plan, showing elevations, directions of water flow and storm drainage improvements;
3. Concept plans that demonstrate the overall scope of the development including general arrangement of all open space and landscaping;
4. A preliminary utility plan;
5. Preliminary title report;
6. The anticipated timing of each development phase;
7. Elevation drawings and floor plan drawings of proposed structures in the development; and
8. Document requesting specific modifications to development standards and justification or information demonstrating how the proposed development is superior to traditional development of the recent past by increasing walkability and connectivity. (Ord. 24-01 §2(Exh. A-1)).
17.96.050 Action.
A. Before setting a public hearing for the commission on an application for a development plan review permit, the director shall first review the application to determine if it is complete. A complete development plan review permit shall be noticed in compliance with Section 17.116.030 (Noticing requirements for permits) of the date, time, place, and project description. Before the public hearing, a staff report, environmental determination, and general plan finding for the development plan review permit shall be made available to the commission, interested agencies, and the public.
B. The commission shall hold a public hearing on the proposed development plan review permit. At the public hearing, the commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed development plan review permit.
C. The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.96 (Public Notices and Hearings).
D. The commission may approve a development plan review permit as requested, or in a modified form, if, based on the application and the testimony submitted, the proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation, and other substantial public benefit. In making this determination, the following factors should be considered:
1. Appropriateness of the use(s) at the proposed location;
2. The mix of uses, housing types, and housing price levels;
3. Provision of infrastructure improvements are adequate to meet the needs of the development;
4. Provision of open space. For example, a greater amount of open space or unique community amenities than would otherwise be provided under the strict application of this code;
5. Connectivity to public trails, schools;
6. Compatibility of uses within the development area;
7. Creativity in design and use of land;
8. Quality of design, and adequacy of light and air to the interior spaces of the buildings; and
9. Overall contribution to the enhancement of neighborhood character and to the built and natural environment of the city in the long term. (Ord. 24-01 §2(Exh. A-1)).
17.96.060 Resolution for decision.
The commission, by resolution, may approve, approve with conditions, or deny without prejudice a development plan review permit application based on compliance with the provisions of this chapter. The resolution shall describe the basis for the decision, including the findings contained in Section 17.96.060 (Action). The decision of the commission shall be final unless appealed to the council. The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption. (Ord. 24-01 §2(Exh. A-1)).
17.96.070 Appeals.
A. Appeals to the commission’s decision shall be made to the council in compliance with Chapter 17.114 (Appeals).
B. Upon an appeal of the commission’s action, the council shall hold a new public hearing and notice such public hearing in compliance with Chapter 17.116 (Public Notices and Hearings). It shall review the proceedings held by the commission, and either affirm, deny, or modify the commission’s decision. The decision of the council shall be final. (Ord. 24-01 §2(Exh. A-1)).
17.96.080 Conditions of approval.
A. The commission can approve a development plan review permit subject to conditions to protect the public’s health, safety, and welfare. Conditions may include, but are not limited to, requirements involving the following development features:
1. Architectural appearance, design, and materials;
2. Building setbacks, heights, and coverage;
3. Fences, walls, and hedges;
4. Parking requirements;
5. Location of service/common use areas;
6. Open space, landscaping, and irrigation;
7. Facilities, improvements, and utilities;
8. Vehicular ingress, egress, and internal circulation;
9. Grading, surfacing, and drainage improvements;
10. Regulation of signs;
11. Fire prevention equipment and measures;
12. Regulation of noise, vibration, odors, electrical discharge, or interference;
13. Regulation of lighting;
14. Easements, street dedication and improvements; and
15. Any other conditions deemed necessary to make development of the site conforming with the intent and purposes contained in this title.
B. Conditions contained in a development plan review permit can only be required to achieve the objectives of this title. (Ord. 24-01 §2(Exh. A-1)).
17.96.090 Development standards.
The commission shall designate the development standards for which a project is being considered under the development plan review permit. Whenever development standards are not designated by the commission, such standards specified within Chapter 17.18 (Combining Zones) shall apply to all land and structures. (Ord. 24-01 §2(Exh. A-1)).
17.96.100 Lapse of development plan review permit.
A. The development plan review permit shall lapse and become void twenty-four months from the date it became effective if the use is not utilized within that time unless a lesser or greater time was prescribed by the resolution granting the permit or unless, before the expiration, a building permit was issued by the building division and construction has commenced.
B. A development plan review permit may become null and void if both the property owner and the benefactor submit in writing to the director their intent to extinguish allowed development under the development plan review permit. The development plan review permit shall become null and void immediately without further notice. (Ord. 24-01 §2(Exh. A-1)).
17.96.110 Revocation or modification.
A development plan review permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation). (Ord. 24-01 §2(Exh. A-1)).