Chapter 4.2
LAND USE REVIEW AND DESIGN REVIEW
Sections:
4.2.300 Land use review procedure and review criteria.
4.2.400 Design review – Application review procedure.
4.2.500 Design review – Application submission requirements.
4.2.510 Design review – Adjustments (performance option).
4.2.600 Review criteria – Design review.
4.2.700 Bonding and assurances.
4.2.800 Development in accordance with permit approval – Modifications – Permit expiration.
4.2.100 Purpose.
The purpose of this chapter is to:
A. Provide rules, regulations and standards for efficient and effective administration of land use and design review;
B. Carry out the development pattern and plan of the city and its comprehensive plan policies;
C. Promote the public health, safety and general welfare;
D. Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards;
E. Encourage the conservation of energy resources; and
F. Encourage efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed, human-scaled design. (Ord. 08-06 § 3, 2008)
4.2.200 Applicability.
Land use review or design review shall be required for all new developments and modifications of existing developments described below, except existing single-family dwellings undergoing a remodel or minor addition (i.e., lot coverage increase by less than 50 percent over existing lot coverage). Regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing and similar maintenance and repair shall be exempt from review.
A. Land Use Review. Land use review is a review conducted by the community development director or designee without a public hearing (Type I or II). See Chapter 4.1 SDC for review procedure. It is for changes in land use and developments that do not require a conditional use or design review approval. Land use review ensures compliance with the basic land use and development standards of the zone, such as lot area, building setbacks and orientation, lot coverage, maximum building height, and other provisions of Article 2. If the community development director decides to issue a formal written decision regarding the proposed activity, the decision will follow Type I or II procedures. Land use review is required for all of the types of land uses and development listed below. Land uses and developments exceeding the thresholds below require design review.
1. Change in occupancy from one type of land use to a different land use where any change in floor area or on-site parking is limited to 10 percent or less;
2. Single-family detached dwelling (including manufactured home on its own lot);
3. A single duplex, or up to two single-family attached (townhome) units not requiring a land division;
4. Minor modifications to development approvals as defined by Chapter 4.6;
5. Accessory dwelling, accessory structures (not exceeding 800 square feet of floor area) and parking facilities when accessory to a primary permitted use;
6. Public improvements required by a condition of approval (e.g., transportation facilities and improvements, parks, trails, and similar improvements, as determined by the community development director).
B. Design Review. Design review ensures compliance with the land use and development standards in Article 2 and the design standards and public improvement requirements in Article 3. All of the following actions are subject to design review:
1. Development for a new multifamily, attached single-family, commercial, industrial or institutional use, including land divisions, site preparation and construction of buildings, parking, landscaping, signage, and other site improvements for the same;
2. Change in occupancy from a less intensive land use to a more intensive land use resulting in development or exterior improvements, as evidenced by an increase in floor area, dwelling density, parking, trip generation, or similar factor(s), by more than 10 percent;
3. Building addition exceeding 1,000 square feet, or 10 percent of an existing structure, whichever is greater, where there is no change in occupancy or use;
4. Major modifications to development approvals as defined by Chapter 4.6 SDC;
5. Temporary uses, if required under Chapter 4.9 SDC;
6. Parking facilities when not accessory to a primary permitted use;
7. Public improvements, including but not limited to transportation facilities and improvements, buildings, modular buildings, parks, trails, and similar improvements, as determined by the community development director, if not subject to a prior land use approval. (Ord. 21-04 § 23, 2021; Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.2.300 Land use review procedure and review criteria.
When land use review is required, it shall be conducted prior to issuance of building permits, occupancy permits, business licenses, or public improvement permits, as determined by the community development director. The city shall conduct land use reviews using either a Type I or Type II procedure, as described in SDC 4.1.200 and 4.1.300. A Type I procedure shall be used when the community development director finds that the applicable standards are clear and objective and do not require the exercise of discretion. A Type II procedure shall be used when the decision is discretionary in nature, but it does not involve any requested adjustments under SDC 4.2.510. The community development director shall be responsible for determining the required review procedure. An application for land use review shall be approved only upon meeting all of the following criteria; the applicant shall bear the burden of proof.
A. The proposed land use and development are permitted by the underlying zone (Article 2);
B. The applicable development and design standards of the underlying zone and any applicable overlay district(s) are met (Article 2); and
C. The applicable access, parking, landscaping, signage and other requirements of Article 3 are met.
Building permits must be obtained subsequent to land use review. Land use reviews do not address a project’s compliance with applicable building, fire and life safety regulations. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.2.400 Design review – Application review procedure.
Design reviews are classified as limited land use decisions (Type II), except as provided by subsections (A) and (B) of this section:
A. Applications involving one or more adjustments, as provided in SDC 4.2.510, are reviewed through a quasi-judicial (Type III) process and require a public hearing.
B. If the property is subject to an overlay zone, a quasi-judicial (Type III) public hearing may be required for design review approval. See the applicable overlay zone provisions under Chapters 2.5 through 2.8 SDC.
C. If the subject design review application is part of a larger request involving a conditional use or other quasi-judicial (Type III) action, the applications shall be combined and reviewed concurrently using the Type III procedure.
D. Land use decisions meeting the criteria under SDC 4.2.300 are subject to land use review and do not require design review, except as may be required by subsections (A) through (C) of this section. (Ord. 08-06 § 3, 2008)
4.2.500 Design review – Application submission requirements.
All of the following information is required for design review application submittal:
A. General Submission Requirements. An application for design review shall contain all of the information required for a Type III review under SDC 4.1.400, and provide:
1. Traffic Estimate. The application shall describe the proposed access to and from the site and estimate potential vehicle traffic increases resulting from the project. The community development director may require a traffic impact study, in accordance with SDC 4.1.900; and
2. In situations where this code requires the dedication of property to the city, the city shall either, (1) include in the written decision evidence that shows that the required property dedication is directly related to and roughly proportional to the projected impacts of the development on public facilities and services, or (2) not require the dedication as a condition of approval; this does not preclude the city from accepting voluntary dedications.
B. Design Review Information. In addition to the general submission requirements and number of required copies for a Type III review (SDC 4.1.400), an applicant for design review shall provide the following information, as deemed applicable by the community development director. The community development director may deem applicable any information that he or she needs to review the request and prepare a complete staff report and recommendation to the review body.
1. Site Analysis Map. At a minimum the site analysis map shall contain the following:
a. The applicant’s entire property and the surrounding property to a distance sufficient to determine the location of the development in the city, and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions and gross area shall be identified;
b. Topographic contour lines at two-foot intervals or less for slopes of less than 10 percent, and five-foot intervals for steeper slopes;
c. Identification of slopes greater than 12 percent, consistent with the method of measurement and contour intervals required by the city engineer;
d. The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site;
e. Potential natural hazard areas, including any flood areas subject to Chapter 2.5 SDC, areas subject to high water table, and areas mapped by the city, county, or state as having a potential for geologic hazards.
f. Resource areas, including marsh and wetland areas, streams, and wildlife habitat identified by the city or any natural resource regulatory agencies as requiring protection.
g. Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches.
h. Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots;
i. The location, size and species of trees and other vegetation having a caliper (diameter) of six inches or greater at four feet above grade;
j. North arrow, scale, names and addresses of all persons listed as owners of the subject property on the most recently recorded deed;
k. Name and address of project designer, engineer, surveyor, and/or planner, if applicable.
2. Proposed Site Plan. The site plan shall contain the following information:
a. The proposed development site, including boundaries, dimensions, and gross area;
b. Features identified on the existing site analysis maps that are proposed to remain on the site;
c. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;
d. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements;
e. The location and dimensions of all existing and proposed structures, utilities, pavement and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan;
f. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access;
g. The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops);
h. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails;
i. Loading and service areas for waste disposal, loading and delivery;
j. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements;
k. Location, type, and height of outdoor lighting;
l. Location of existing and proposed mailboxes;
m. Name and address of project designer, if applicable;
n. Locations of bus stops and other public or private transportation facilities;
o. Sign concept plan (e.g., locations, general size, style and materials of signs). (Signs are subject to review and approval under Chapter 15.16 SMC.)
3. Architectural Drawings. Architectural drawings showing one or all of the following shall be required for new buildings and major remodels:
a. Building elevations with building height and widths dimensioned, and materials labeled;
b. Building Materials, Colors and Type. A materials sample board may be required;
c. The name of the architect or designer.
4. Preliminary Grading Plan. A preliminary grading plan prepared by a registered engineer shall be required for development sites one-half acre or larger. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with SDC 3.4.400.
5. Landscape Plan. A landscape plan may be required and at the direction of the community development director shall show the following:
a. The location and height of existing and proposed fences, buffering or screening materials;
b. The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;
c. The location, size, and species of the existing and proposed plant materials (at time of planting);
d. Existing and proposed building and pavement outlines;
e. Specifications for soil at time of planting, irrigation if plantings are not drought-tolerant (may be automatic-underground or other approved method of irrigation) and anticipated planting schedule;
f. Other information as deemed appropriate by the community development director. An arborist’s report may be required for sites with mature trees that are protected under Chapter 3.2 SDC, Landscaping, Street Trees, Fences and Walls;
6. Deed Restrictions. Copies of all existing and proposed restrictions or covenants, including those for access control;
7. Narrative. Letter or narrative report documenting compliance with the applicable review criteria contained in SDC 4.2.600, Review criteria – Design review;
8. Traffic impact study, when required, shall be prepared in accordance with the road authority’s requirements. See SDC 4.1.900 for relevant standards.
9. Other information determined by the community development director. The city may require studies or exhibits prepared by qualified professionals to address specific site features or project impacts (e.g., traffic, noise, environmental features, natural hazards, etc.), in conformance with this code. (Ord. 08-06 § 3, 2008)
4.2.510 Design review – Adjustments (performance option).
A. Adjustments. The intent of this section is to allow reasonable flexibility and to promote creativity in project designs. An “adjustment” is a modification to a code standard (decrease, increase, waiver, or material substitution) resulting in a design that is as good or better than what would likely result under the standard with respect to the code’s intent; the adjustments may be approved only when the proposal is consistent with the stated purpose of the code. An application for design review may include, and the decision body may approve, a request for adjustment(s) to one or more of the site/building design standards in the following code sections:
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SDC 2.2.180: |
Residential districts – Building orientation; |
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SDC 2.2.190: |
Residential districts – Architectural design standards; |
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SDC 2.3.150: |
Commercial districts – Building orientation and commercial block layout; |
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SDC 2.3.170: |
Commercial districts – Pedestrian amenities; |
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SDC 2.3.180: |
General commercial district design standards; |
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SDC 2.3.200: |
Downtown commercial district design standards; |
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SDC 2.3.210: |
Downtown commercial fringe district design standards; |
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Chapter 3.2 SDC: |
Landscaping, Street Trees, Fences and Walls; |
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Chapter 3.3 SDC: |
Parking and Loading. |
B. Limitation. Allowable adjustments under this section are limited to the code provisions listed in subsection (A) of this section. Land use, density, structure height, lot coverage, setbacks, and other provisions not listed above are not to be adjusted or modified under this section.
C. Procedure. An adjustment request made under this section must be made in writing and submitted with a design review application. Design review applications involving adjustment(s) are reviewed by the planning commission through a Type III (quasi-judicial) public hearing procedure, which is outlined in SDC 4.1.400. In acting on an adjustment request, the commission shall approve, deny, or approve with conditions the request concurrently with the subject design review application. The decision body shall approve an adjustment only upon finding that it conforms to the criteria in subsection (D) of this section.
D. Review Criteria. The city shall consider the following review criteria and may approve, approve with conditions, or deny a design review adjustment based on the following; the applicant shall bear the burden of proof.
1. Adjusting the subject code standard(s), i.e., decreasing, increasing, waiving, or making a material substitution, will result in a design that is as good or better than what would likely result under the base standard;
2. The adjustment is consistent with the code’s stated intent and is in the public interest; and
3. In interpreting the public interest, consideration shall be given to intended public benefits or protections such as compatibility with surrounding uses; pedestrian safety and comfort; complementary development scale, materials, and detailing; street visibility; and/or aesthetic concerns. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.2.600 Review criteria – Design review.
The city shall consider the following review criteria and may approve, approve with conditions, or deny a design review based on the following; the applicant shall bear the burden of proof.
A. Complete. The application is complete, as determined in accordance with Chapter 4.1 SDC, Types of Review Procedures, and SDC 4.2.500;
B. Zoning District. The application complies with all of the applicable provisions of the underlying zoning district (Article 2), including: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other special standards as may be required for certain land uses;
C. Conformance. The applicant shall be required to upgrade any existing development that does not comply with the applicable zoning district standards, in conformance with Chapter 5.2 SDC, Nonconforming Uses and Development;
D. Design Standards. The application complies with all of the design standards in Article 3:
1. Article 2, design standards and special use standards of the applicable district;
2. Chapter 3.1 SDC, Access and Circulation;
3. Chapter 3.2 SDC, Landscaping, Street Trees, Fences and Walls;
4. Chapter 3.3 SDC, Parking and Loading;
5. Chapter 3.4 SDC, Public Facilities;
E. Conditions of Approval. Existing conditions of approval required as part of a prior land division (Chapter 4.3 SDC), conditional use (Chapter 4.4 SDC), planned development (Chapter 4.5 SDC) or other approval shall be met. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.2.700 Bonding and assurances.
A. Performance Bonds for Public Improvements. On all projects where public improvements are required, the city shall require the developer to provide bonding or other performance guarantees acceptable to the public works director to ensure completion of required public improvements. The bond or other assurance (e.g., letter of irrevocable credit) shall be equal to 110 percent of the total construction cost estimate for all public infrastructure to be provided, as approved by the public works director, or designee. In addition, the construction cost estimate must either be an engineer’s estimate, in writing, or a copy of the contractor’s price agreement having sufficient detail for the public works director, or designee, to verify reasonable unit pricing.
B. Release of Performance Bonds. The bond or other assurance shall be released when the public works director, or designee, finds the public improvements are complete and conform to the site development approval, including all conditions of approval. Upon acceptance of the completed public improvements, a one-year warranty bond, deposit or other assurances approved by the public works director, or designee, shall be required and shall cover a minimum of 20 percent of the public improvements construction cost for the project.
C. Completion of Landscape Installation. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the community development director or a qualified landscape architect is filed with the community development director assuring such installation within six months after occupancy. If the installation of the landscaping is not completed within the six-month period, the security may be used by the city to complete the installation.
D. Termination of Performance Guarantee. The developer shall not cause termination of nor allow expiration of the guarantee without having first secured written authorization from the city. (Ord. 08-06 § 3, 2008)
4.2.800 Development in accordance with permit approval – Modifications – Permit expiration.
Development shall not commence until the applicant has received all of the appropriate land use and development approvals (i.e., design review approval) and building permits. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The city may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with SDC 4.2.700. Annexation agreements, where applicable, must also be met. Development review and design review approvals shall be subject to all of the following standards and limitations:
A. Modifications to Approved Plans and Developments. Minor modifications of an approved plan or existing development, as defined in Chapter 4.6 SDC, shall be processed as a Type I procedure and require only land use review. Major modifications, as defined in Chapter 4.6 SDC, shall be processed as a Type II or Type III procedure and shall require design review. For information on Type I, Type II and Type III procedures, please refer to Chapter 4.1 SDC. For modifications review criteria, please refer to Chapter 4.6 SDC.
B. Approval Period. Development review and design review approvals shall be effective for a period of one year from the date of approval. The approval shall lapse if:
1. A public improvement plan or building permit application for the project has not been submitted within one year of land use approval;
2. For projects requiring a land division, a public improvement plan or building permit application for the project has not been submitted within one year of final plat approval;
3. Construction on the site is in violation of the approved plan.
C. Extension. The planning commission may, upon written request by the applicant, grant a written extension of the approval period not to exceed one year; provided, that:
1. No changes are made on the original approved design review plan;
2. The applicant can show intent of initiating construction on the site within the one-year extension period;
3. There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new design review shall be required; and
4. The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site design approval was beyond the applicant’s control.
D. Phased Development. Phasing of development may be approved with the design review application, subject to the following standards and procedures:
1. A phasing plan shall be submitted with the design review application.
2. The planning commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than two years without reapplying for design review.
3. Approval of a phased design review proposal requires satisfaction of all of the following criteria:
a. The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;
b. The development and occupancy of any phase dependent on the use of temporary public facilities shall require city council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required public improvements, in accordance with SDC 4.2.700. A “temporary public facility” is any facility not constructed to the applicable city or district standard, subject to review by the city engineer;
c. The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as part of the approved development proposal; and
d. An application for phasing may be approved after design review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Chapter 4.6 SDC).
4. All public improvements serving a particular phase must be complete and approved by the city engineer prior to on-site building permits being issued. Temporary facilities will not be allowed. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)