Division 5

DEVELOPMENT PLAN REVIEW PROCEDURES

All land within the Downtown Business District is designated a P-l Planned Unit District and may be used as allowed and regulated in this chapter. No development is permitted in the Downtown Business District unless a Development Plan has been approved by the Chief of Planning or the Planning Commission.

When a development plan application involves a single property owner with parcels located in more than one (1) land use area and/ or parking district, the Planning Commission, at its discretion, may combine the requirements of the land use areas and/ or parking districts in the interest of creating a cohesive, integrated project.

(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)

A request for development plan approval shall be signed by the property owner and by the owner of any option to purchase the property or portion thereof. Except as waived in writing by the Chief of Planning, the application shall consist of ten (10) copies of each of the following:

• a. A site plan, drawn to scale, indicating:

1. Proposed use(s) of all land;

2. Existing natural land features, trees and topography;

3. Circulation plan for all vehicular and pedestrian ways including parking areas;

4. Location and dimensions of the property and all existing structures;

5. Preliminary grading for the development; and

6. Project phasing plan if more than one (1) phase is proposed.

• b. A recent preliminary title report.

• c. A preliminary utility plan including provisions for storm drainage, sewage disposal and public utilities.

• d. Preliminary architectural plans including floor plans and all elevations.

• e. Preliminary landscape plan.

• f. Additional drawings or information as may be required by the Chief of Planning.

• (Ord. 2005-07, §2; Ord. 2013-05; Ord. No. 2017-07, § 2)

A development plan application shall be submitted to the Planning Commission and/ or the Chief of Planning, as the case may be, for approval. The Chief of Planning or Planning Commission's decision may be appealed within ten (10) calendar days or it becomes final.

• (Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)

When approving and adopting the development plan application, the Chief of Planning and/ or Planning Commission, as the case may be, shall be satisfied regarding all of the following:

a. The applicant intends to obtain permits for construction within eighteen (18) months from the effective date of plan approval;

• b. The proposed development plan is consistent with the General Plan;

c. In the case of residential development, the proposed development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community;

d. In the case of commercial and office development, the proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center or will be obviated by:

1. Presently projected improvements;

2. Proper entrances and exits;

3. Internal provisions for traffic and parking; and

4. That the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development.

(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)

a. Procedure. Development Plan or Land Use Permit approval expires thirty-six (36) months after the Chief of Planning or the Planning Commission's approval for new development or an addition to an existing structure, as the case may be, if a building permit has not been issued and construction commenced. Development Plan or Land Use Permit approval expires thirty (30) months after the Chief of Planning or the Planning Commission's approval, as the case may be, for new businesses, established in existing structures if a building permit has not been issued, construction commenced and/ or the business established.

(Ord. 2009-02, § 2; Ord. 2013-05)

b. Time Limit Exception. The time limitation in this chapter applies only to the first phase of a phased development plan; it does not apply after approval and implementation of the first phase.

c. Extensions. Upon a showing of good cause, the Chief of Planning or the Planning Commission, as the case may be, may grant not more than two (2) extensions of the time limitations in subsection a. above, each for no more than one (1) year.

(Ord. 2005-07, §2; Ord. 2017-07, § 2)

32-45.45 Plan Changes or Amendments.

A change in the approved Development Plan and its conditions of approval may be approved by the Planning Commission. Minor changes may be approved by the Chief of Planning.

(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)

Application. Any application for Development Plan approval may be accompanied by an application for a Land Use Permit as required by Divisions 2, 3 and 4 of this chapter. A separate application for a Land Use Permit may be submitted for review and approval by the Chief of Planning consistent with the intent of this chapter, and may, at the discretion of the Chief of Planning, be referred to the Planning Commission for disposition.

(Ord. 2005-07, §2; Ord. 2013-05; Ord. No. 2017-07, § 2)

a. Granting Procedure. A variance to modify a requirement of this chapter may be granted in accordance with the procedures and standards of the Danville Ordinance Code, subsection 32-4 and Government Code Section 65906.

b. Special Uses. Land Use Permits for special uses as deemed appropriate by the Chief of Planning and/or Planning Commission and Variance Permits to modify the provisions contained in Divisions 2, 3, 4, and 5 of this chapter may be granted after application in accordance with Section 32-4 of the Town of Danville Municipal Code.

(Ord. 2005-07, §2; Ord. 2013-05; Ord. 2017-07, § 2)

32-48— 32-50 RESERVED.