§ 22.48

(a)

The purpose of this chapter is to establish the consistency of new development with the general plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the city. General plan objective 3.2 states, "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design."

This chapter establishes procedures for reviewing residential, commercial, industrial, and institutional development to facilitate review in a timely and efficient manner, and to ensure that development projects comply with all applicable design guidelines, standards, and minimize adverse effects on surrounding properties and the environment.

(b)

This chapter is not intended to restrict imagination, innovation or variety, but rather to focus on design principles which can result in creative, imaginative solutions and a quality design for the city. It is, therefore, the purpose of this chapter 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 (e.g., landscaping, parking areas, and signs). Also encourage the orderly development of residences within areas more readily served by public services;

(3)

Assist developers to understand the public's concerns for the aesthetics of development;

(4)

Ensure that new developments, including residential, commercial, industrial and institutional, do not have an adverse aesthetic, health, safety or architecturally related impact on the community;

(5)

Limit the impact of slopes on adjacent developed properties and limit construction in identified seismic or geologic hazard areas. Also, minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of the terrain is retained;

(6)

Preserve significant topographic features, including rock outcroppings, native plant materials and natural hydrology while also encouraging improved drainage from parcels directly to a street, storm drain or through public or private easements;

(7)

Encourage the use of a variety of housing designs, split-level grading techniques, varied parcel sizes and densities, maintenance of views, and arrangement and spacing of units to accomplish adopted grading policies;

(8)

Encourage the development of master planned projects which provide for the service needs of the residents of those projects; and

(9)

Encourage use of energy conservation techniques in new developments.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.48.020. - Applicability.

(a)

Development review. An application for development review is required for commercial, industrial, and institutional development, and residential projects that propose one or more single-family dwelling units

(detached or attached) or multiple-family dwelling units and that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following criteria:

(1)

New construction on a vacant lot and new structures, additions to structures and reconstruction projects which are equal to 50 percent of the existing habitable floor area of all existing structures on site or greater, or have 5,001 square feet or more of combined gross floor area in any commercial, industrial and institutional development; or

(2)

Projects involving a substantial change or intensification of land use (e.g., the conversion of existing structure to a restaurant, or the conversion a residential structure to an office or commercial use);

(3)

Residential, commercial, industrial or institutional projects proposed upon a descending slope abutting a public street.

(b)

Administrative development review. An application for administrative development review, in compliance with section 22.48.030, below, is required for residential, commercial, industrial, and institutional development that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following thresholds of review:

(1)

Commercial, industrial, and institutional developments that propose up to 5,000 square feet of combined floor area; or

(2)

Projects that do not meet the specific criteria identified in section 22.48.020(a), above.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 07(2003), 12-2-03; Ord. No. 06(2013), § 3(Exh. A), 9-3-13; Ord. No. 07(2013), § 3(Exh. A), 9-17-13)

Sec. 22.48.030. - Application, processing, and review.

(a)

Review with other permits. Development review and administrative development review applications for projects that also require the approval of another discretionary permit (e.g., conditional use permit, variance, etc.) shall be acted upon concurrently with the discretionary permit and the final determination shall be made by the highest level of review authority in compliance with Table 4-1, Review Authority. The review authority may approve, or approve with conditions, the permit based upon the findings outlined in section 22.48.040 (Findings and decision).

(b)

Factors to be considered. In conducting the review for a particular project, the director or commission shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties and the city in general. Review shall be conducted by comparing the proposed project to applicable general plan policies, any applicable specific plan, development standards, design guidelines, and other applicable ordinances for the city.

(c)

Notice and hearings. An application for a development review or administrative development review will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings).

(d)

Record of decision. Upon completion of the public hearing, the review authority shall announce and record the decision within 21 days following the conclusion of the public hearing. The decision shall contain the findings required in section 22.48.040, below. A copy of the resolution shall be mailed to the applicant.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 17, 7-16-24)

Sec. 22.48.040. - Findings and decision.

A development review application shall be reviewed by the applicable review authority identified in section 22.48.050 (Responsibility for development review), below and shall not be approved, with or without conditions, unless all of the following findings are made:

(1)

The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments);

(2)

The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards;

(3)

The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan;

(4)

The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing;

(5)

The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and

(6)

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(7)

For projects utilizing the affordable housing density bonus provisions in section 22.18.010, the proposed project meets the requirements of section 22.18.010.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05; Ord. No. 04(2013), § 6, 6-18-13)

Sec. 22.48.050. - Responsibility for development review.

(a)

Planning commission. The commission is authorized to impose conditions which may include the following:

(1)

Requirements for open spaces, screening and buffering of adjacent properties, fences, and walls;

(2)

Requirements for installation and maintenance of landscaping and erosion control measures;

(3)

Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation;

(4)

Regulation of hours or other characteristics of operation;

(5)

Requirements for maintenance of on-site improvements;

(6)

Establishment of development schedules or time limits for performance or completion; and

(7)

Other conditions necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare and necessary to make the findings required by section 22.48.040 (Findings and decision) above.

(b)

Administrative development review—Director. The director is authorized to impose conditions which may include those areas listed in section 22.48.050(a), above. If, in the opinion of the director, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy pertaining to applications for administrative development review and that require commission consideration, the director shall defer and refer the application to the commission for review and decision.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 18, 7-16-24)

Sec. 22.48.060. - Post approval procedures.

Procedures relating to appeals, issuance of a building permit, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a development review or administrative development review application.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.50. - TEMPORARY USE PERMITS

Sec. 22.50.010. - Purpose, applicability.

The purpose of this chapter is to provide a process for reviewing proposed temporary uses to ensure basic health, safety, and community welfare standards are met, and approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use. A temporary use permit allows short-term activities that might not meet the standards ordinarily applicable to the zoning district, but may otherwise be acceptable because of their temporary nature.

(Ord. No. 02(1998), § 2, 11-3-98)