Chapter 17.74 — DEVELOPMENT PERMITS

• A. This Chapter establishes procedures for the review, and approval or denial of Development Permits, which are required by Article II (Zoning Districts and Allowable Land Uses) for land use activities with total project floor area of 7,500 square feet or more or total disturbance area of 26,000 square feet or more, or eleven or more residential units.

• B. The review process begins with the recognition that the proposed use/construction is allowed in the zoning district, and focuses on issues related to site layout and design in order to arrive at the best utilization of the subject site and compatibility of design with surrounding properties.

• C. The process includes the filing of a site plan with the City Planner to verify compliance with all applicable land use development standards, any applicable design guidelines, and the requirements of other City departments.

• A. When required. Development Permit approval may be granted by the Planning Commission for land use activities or structure(s) identified in Article II (Zoning Districts and Allowable Land

Uses) as an allowed use as follows:

1. An existing, new, or modified nonresidential structure(s) that contains or would contain 7,500 square feet or more of total gross floor area is proposed to be used or constructed;

2. Disturbance of 26,000 square feet or more of the subject site. Disturbance includes graded areas, landscaped areas, parking and access areas, structures, and other portions of the site to be improved; and/or

3. An existing, new, or modified residential structure(s) that contains or would contain eleven or more residential units is proposed to be used or constructed.

• B. Incremental or phased development projects. Incremental or phased developments shall be treated on a cumulative basis. Additions to projects that would bring the total project square footage to 7,500 square feet or the total disturbance area to 26,000 square feet or more, or the total number of multi-family residential units to eleven or more requires the approval of a Development Permit. Modifications or additions to nonresidential structure(s) that contain 7,500 square feet or more of total gross floor area or residential structure(s) that contain eleven or more residential units shall require the approval of a new Development Permit or modifications of a Development Permit unless the modifications or additions may be authorized by the City Planner as a minor change to an approved project in compliance with Section 17.84.070(B)(1) (Changes to an Approved Project - Extent of changes allowed-Minor changes).

• C. Other permits. A Development Permit shall be required before the approval of any Building, Grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.

Following a public hearing, the Planning Commission shall record the decision in writing with the findings upon which the decision is based. The Planning Commission may approve a Development Permit application, with or without conditions, only if all of the following findings can be made:

• A. The proposed development is:

  1. Allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning district with the approval of a Development Permit, and complies with all applicable provisions of this Development Code, the Municipal Code, and the Public Improvement and Engineering Standards; and

  2. Consistent with the General Plan, and any applicable Specific Plan.

• B. The proposed development is consistent with the design guidelines, achieves the overall design objectives of the design guidelines, and would not impair the design and architectural integrity and character of the surrounding neighborhood;

• C. The Development Permit approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted; and

• D. There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land, and all development fees have been paid prior to occupancy of buildings and the land;

• E. The subject site is:

  1. Physically suitable for the type and density/intensity of development being proposed;

  2. Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Development Code; and

  3. Served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development.

• F. The proposed development is consistent with all applicable regulations of the Amador County Department of Environmental Health and the City of Jackson Fire Department for the transport, use, and disposal of hazardous materials.

In approving a Development Permit, the Planning Commission may impose specific development conditions relating to the construction (both on-and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.74.030 (Findings and Decision).