Sec. 30-222. - Time limitation.

Each variance, major granted under the provisions of this article shall become null and void two years after the date of the action approving the variance, major unless:

(1)

The construction authorized by the variance, major or permit has been commenced within two years after the granting of the variance, major and diligently advanced to completion; or

(2)

The occupancy of land or buildings authorized by the variance, major has taken place within two years after the granting of the variance, major; or

(3)

The decision approving a variance, major contains in its findings and conditions specific authority for extending the time limit defined; or

(4)

The Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

DIVISION 15. - DIRECTOR'S DETERMINATION

Sec. 30-223. - Purpose.

A Director's determination is intended to specify that a use that is not listed within an established list of uses, may be allowed to operate within a particular zoning district. The Director of Planning shall have the authority to determine other uses, in addition to those specifically listed in this article, which may be permitted or conditionally permitted in each of the various zones when, in his or her judgment supported by specific findings, such other uses are similar to and no more objectionable to the public welfare than those listed.

(Ord. No. 1899, § 4, 7-26-22)

Sec. 30-224. - Authority.

The Director of Community Development or designee is authorized to approve or deny Director's determination for project applications.

Sec. 30-225. - Application.

Applications for Director's determination shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to insure a full presentation of the facts. No application shall be considered by the Director of Planning until the application is determined to be complete and all required fees have been paid to the City.

In reaching a determination that a use not specifically listed in this chapter may be permitted or conditionally permitted in each of the various zones, the Director shall make the following specific findings in writing:

(1)

That the proposed use is consistent with the applicable general plan map and text, the zoning district, and all other provisions of the Zoning and Development Code.

(2)

That the proposed use will be compatible with other permitted and conditionally permitted uses in the zoning district and that there will be no reasonably foreseeable adverse effect to other surrounding properties or their permitted uses.

(3)

That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the zoning district and surrounding zoning districts as intended by the General Plan and Zoning and Development Code.

(4)

The proposed use is of a type, character, size, scale and nature which is compatible, conforming and otherwise harmonious with other like and similar uses, especially as related to operational characteristics such as services offered, goods, products, hours of operation, traffic and noise generation, and any other characteristic which by its existence provides factual information pertinent to the Director's Determination.

(Ord. No. 1898, § 11, 7-26-22)

Sec. 30-226. - Reserved. Sec. 30-227. - Approval.

Upon receipt of a complete application for a Director's determination, the project will be reviewed by Planning staff for the Director's approval.

Sec. 30-228. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

DIVISION 16. - PARK REVIEW

Sec. 30-229. - Purpose.

A park review is intended to examine development to ensure high quality for the entire site design including structures, equipment, fields, landscaping, and parking. Such review enables the City to, encourage the most appropriate development, and prevent deterioration of property aesthetics throughout the community.

Sec. 30-230. - Projects subject to review.

An application for park review is required for any public park or a developer-built park that will be dedicated to the City.

Sec. 30-231. - Authority.

The Parks, Community, and Human Services Commission (PCHSC) is authorized to review and provide comments for parks. The park review shall be presented to the PCHSC at a regular meeting.

The Planning Commission is authorized to approve or deny applications for park review upon review of the PCHSC, and to impose conditions upon such approval.

(Ord. No. 1906, § 54, 10-25-22)

Sec. 30-232. - Pre-application meeting.

Prior to the filing of an application for a park review, the applicant or the applicant's representative shall apply for a pre-application review in order to meet with the Director of Planning prior to submitted the formal application.

(Ord. No. 1906, § 55, 10-25-22)

Sec. 30-233. - Application.

Applications for park review shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

Sec. 30-234. - Reserved.

Editor's note— Ord. No. 1906, § 56, adopted Oct. 25, 2022, repealed § 30-234, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-235. - Review—Parks, Community, and Human Services Commission.

To recommend that a development project be forwarded to the Planning Commission, from the facts presented that the following conditions exist:

(1)

The design and layout of the proposed park is consistent with the applicable elements of the general plan; the design guidelines and development standards/policies of the proposal shall be consistent with the general plan, zoning, and applicable specific plans.

(2)

The design and layout of the proposed park will not interfere with the use and enjoyment of neighboring developments, or pedestrian and vehicular circulation.

(3)

The architectural design of the proposed park is aesthetically pleasing while enhancing the character of the surrounding neighborhood and will promote quality development envisioned by the general plan.

(4)

The design of the proposed park would provide a desirable environment for its users using structures, equipment, fields, landscaping, and parking in an aesthetically pleasing manner.

(5)

The proposed project is in compliance with all applicable federal, state, county, and City laws and regulations.