Calexico Municipal Code Art. VII Development Review Procedure

A. The provisions of this article shall be known as the development review procedure.

B. The city finds that a development review process supports the implementation of the Calexico general plan. The city further finds that the quality of residential, commercial, industrial, and public/quasi-public uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the city. This section is not intended to restrict imagination, innovation or variety, but rather to focus on design principles which can result in creative imaginative solutions for the project and quality design for the city. It is, therefore, the purpose of this section to:

1. Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit.

2. Encourage the orderly and harmonious appearance of structures and property within the city, along with associated facilities, such as but not limited to signs, landscaping, parking areas, and streets.

3. Maintain the public health, safety, and general welfare, and property throughout the city.

4. Assist private and public developments to be more cognizant of public concerns for the aesthetics of development.

5. Reasonably ensure that new developments, including residential, commercial, industrial and public/quasi-public development, do not have an adverse impact on aesthetics, health, adjoining properties, or the city in general.

6. Ensure that the proposed development complies with all of the provisions of the zoning ordinance and the general plan. (1992 zoning ord. (part))

In order to safeguard and enhance the appearance and quality of development of the city, development review approval shall be required prior to the issuance of any building permit for single-family subdivision developments; mobilehomes on permanent foundations; single-family homes (custom); multiple-family developments; mobilehome parks; commercial or industrial establishments, including additions, alterations and redevelopment thereof. (1992 zoning ord. (part))

In addition to meeting all of the other requirements of the zoning ordinance, any applicant for a building permit for the establishment of single-family subdivision development; mobilehomes on permanent foundations; single-family home (custom); multiple-family developments; the establishment of commercial or industrial uses; including additions, alterations and redevelopment thereof shall submit the following plans and drawings to the director of planning for review:

A. A site plan, drawn to scale, showing the proposed location of structures and other improvements including, where appropriate, driveways, pedestrian walks, off-street parking areas, landscaped areas, fences, and walls. The site plan shall indicate the locations of off-street parking areas including entrances and exits and the direction of traffic flow into and out of off-street parking areas.

B. A conceptual landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed or retained on the site, the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein, and other landscape features as may be necessary to illustrate the landscape concept.

C. Architectural drawings drawn to scale, including floor plans in sufficient detail to permit computation of yard requirement and all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and colors shall be specified.

D. Accurate scale drawings of all signs indicating their size, material, color, and illumination, if any.

E. Conceptual grading and drainage plans.

F. Such other data as may be required by the director of planning to ensure that the purposes of this section are satisfied. (1992 zoning ord. (part))

The director shall review and evaluate development plans submitted in accordance with the following guidelines:

A. Scope. The director shall review and evaluate development plans for conformance with the site plan review standards and criteria set forth in the pertinent sections of the zoning ordinance.

B. Modifications Required for Approval of the Development Plan. The director may specify modifications, changes, and additions to the development plan in his recommendation or requirements for its approval. Such recommendations may be suggested by the director to eliminate or mitigate significant adverse environmental effects disclosed by any environmental impact report or modifications, changes and additions that are necessary to meet the purposes of this article.

C. Improvements Required for Approval of the Development Plan. The director shall insure that all development plans provide for on and off-site improvements which may be required to implement the purposes of this article of the zoning ordinance, the general plan and all policies of the city council. (1992 zoning ord. (part))

The director shall have the authority to approve, deny or modify applications for development review. Within fifteen calendar days of the date that application is deemed complete by the director, the director shall approve, conditionally approve, or disapprove the application, or shall request the applicant to revise said application. Failure of the director to act within fifteen calendar days shall be deemed approval of the application unless the applicant shall consent to an extension of time. (1992 zoning ord. (part))

A decision of the director may be appealed in writing, within ten calendar days to the planning commission by the applicant or any other interested person, upon paying the established deposit, or the director's decision may be appealed by a member of the planning commission and/or city council without deposit. (1992 zoning ord. (part))

Action by the planning commission shall follow the procedures established by Section 17.01.240. Failure of the planning commission to act within thirty calendar days from the appeal shall be deemed approval of the plan and drawings unless the applicant shall consent to an extension of time. (1992 zoning ord. (part))

Development reviews may be approved or modified subject to the performance of such conditions, including the provision of required improvements as the director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the zoning ordinance, general plan, planning commission and city council policies shall be achieved. Such conditions shall be imposed and enforced as follows:

A. Security May be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development plan, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development plan. Such security shall be furnished as required by local ordinance.

B. Provision of Required Improvements. Whenever a development review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the cognizant city authority pursuant to local ordinance to make such improvements prior to the time or events specified in the development review approval. Improvements shall include but not be limited to curbs, gutters, sidewalks, street pavement and off-site improvements.

C. Condition Declared Void. Whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of the conditions of a development review approval to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions, said development review approval shall cease to be valid and all rights or privileges granted thereby shall lapse, as provided by Section 17.01.785.

D. Violation of Condition. Whenever a development review is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the development review approval in violation of or without observance of any such condition shall constitute a violation of the zoning ordinance and said development review approval may be revoked or modified as provided in Section 17.01.785. (1992 zoning ord. (part))

A development review approval may be revoked or modified by the approving authority for cause as provided by the provisions of this section. For purposes of this section, the modification of a development review approval may include the modification of the terms of the development review approval itself or the waiver, alteration, or imposition of new conditions pursuant to Section 17.01.780.

A. Grounds for Revocation or Modification. A development review approval may be revoked or modified by the approving authority pursuant to the provisions of this section upon a finding of any one or more of the following grounds:

1. That such development review approval was obtained or extended by fraud.

2. That one or more of the conditions upon which such development review approval was granted have been violated.

3. That the use for which the development review approval was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance.

4. That construction on the subject property is not in conformance with the development review approval or other applicable requirements.

B. Notification. The director shall notify the owner of the property of his action in the same manner as specified in the building code for revocation of a building permit, or by written notice to the owner of the subject property as shown on the latest assessment roll or as indicated by later information available to the director.

C. Appeal. Revocation or modification of a development review approval may be appealed pursuant to Section 17.01.760. (1992 zoning ord. (part))

Whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions said development review approval shall also cease to be valid. (1992 zoning ord. (part))

Any approval of a development review shall expire within one year of such approval except where construction or use of the property in reliance on such development review approval has commenced prior to its expiration. If construction and use of the property in reliance on a development review approval has not commenced within the three years period, said period may be extended by the director for a period not exceeding six years from the date of original approval.

(1992 zoning ord. (part))

(Ord. No. 1173, §5, 10-12-16)