§ 22.52

The Development Program Zone, Zone ( )-DP, is established to provide a zone in which development occurring after a property has been rezoned, will conform to plans and exhibits submitted by the applicant in instances where such plans and exhibits constitute a critical factor in the decision to rezone. Adherence to such developmental plans is assured by the requirement of submission and approval of a Conditional Use Permit (Chapter 22.158) incorporating a development program by the applicant providing necessary safeguards to insure completion as specified.

(Ord. 2019-0004 § 1, 2019.)

Zone ( )-DP may be combined with any zone. When Zone ( )-DP is combined with a basic zone, the letters "DP" shall be added to the basic zone; for example, Zone C-1-DP. Zone ( )-DP may be combined with another zone only when used in combination with a Zone Change (Chapter 22.198) application.

(Ord. 2019-0004 § 1, 2019.)

Property in Zone ( )-DP may be used for any use permitted in the basic zone, subject to the following:

A.

Non-Residential Uses.

1.

Non-residential uses permitted in the basic zone are permitted in Zone ( )-DP, subject to limitations and conditions of the approved Conditional Use Permit (Chapter 22.158) that incorporates an approved development program.

2.

Any future non-residential development in an established Zone ( )-DP shall require a Conditional Use Permit application with a proposed development program in conformance with this Chapter.

B.

Residential Uses.

Residential uses permitted in the basic zone are permitted in Zone ( )-DP, subject to limitations and conditions of the approved Conditional Use Permit (Chapter 22.158) that incorporates an approved development program.

2.

Notwithstanding Subsection B.1. above, the same permit or review application and standards of the basic zone shall apply if the subject lot is:

a.

Outside of a Very High Fire Hazard Severity Zone, as depicted in the General Plan, in its entirety;

b.

Outside of the Coastal Zone, as defined in Division 2 (Definitions) of Title 22, in its entirety;

c.

Outside of a Significant Ecological Area, as depicted in the General Plan, in its entirety;

d.

Outside of a Hillside Management Area, as depicted in the General Plan, in its entirety; and

e.

Outside of the 70 or above decibel Community Noise Equivalent Level (dB CNEL) noise contour of an Airport Influence Area, as depicted in the General Plan, in its entirety;

f.

Served by a public water system;

g.

Served by a public sewer system; and

h.

Fronting a highway or a public street.

(Ord. 2021-0010 § 16, 2021; Ord. 2019-0004 § 1, 2019.)

A Conditional Use Permit (Chapter 22.158) application in Zone ( )-DP shall include a proposed development program submittal in compliance with Subsection A, below, and shall be subject to additional findings in accordance with Subsection B, below.

A.

Development Program Submittal Requirements:

1.

A site plan showing the location of all proposed structures, the alteration or demolition of any existing structures, and the height, bulk, arrangement, color, and appearance of buildings and structures. The site plan shall show development features, including grading, yards, walls, walks, landscaping, and signs. In addition, the site plan shall show any other features necessary to make the development attractive, adequately buffered from adjacent uses, and in keeping with the character of the surrounding area; and

2.

A progress schedule, which includes all phases of development shown on a site plan in compliance with Subsection A.1, above. Each phase of development shall include the sequence and time period for the demolition, grading, and construction of the described improvements.

B.

Additional Findings. Approval of any development program must include a finding that the development program provides necessary safeguards to ensure completion of the proposed development by the applicant, and it does not allow for substitution of a lesser type of development that is contrary to the public convenience, welfare, or development needs of the area.

(Ord. 2019-0004 § 1, 2019.)

A.

Conditions of Approval. The following shall be required conditions of every development program approved with the application, whether such conditions are set forth in the approved Conditional Use Permit (Chapter 22.158) or not, unless otherwise specified as part of such development program:

1.

No building or structure of any kind, except a temporary structure used only in the developing of the lot according to the development program, shall be built, erected, or moved onto any part of the lot;

2.

No existing building or structure which under the program is to be demolished shall be used;

3.

No existing building or structure which, under the program, is to be altered shall be used until such building or structure has been so altered;

All improvements shall be completed prior to the occupancy of any structures; and

5.

Where one or more buildings in the projected development are designated as primary buildings, building permits for structures other than those so designated shall not be issued until the foundations have been constructed for such primary building or buildings.

B.

Where specifically indicated in approval of the development program, the schedule may permit development to be completed in phases. In interpreting Subsections A.4 and A.5, above, each separately designated phase shall be considered a separate development program.

(Ord. 2019-0004 § 1, 2019.)

A.

Upon expiration of an unused Conditional Use Permit in Zone ( )-DP, or if no Conditional Use Permit (Chapter 22.158) application has been filed within two years following the effective date of an ordinance placing lots in Zone ( )-DP, the Commission or Hearing Officer may investigate the circumstances resulting in failure to apply for or use such Conditional Use Permit.

B.

In all cases, the Commission or Hearing Officer may extend such time for a period not to exceed one year, in compliance with Section 22.222.270.B.

C.

If neither the applicant nor the owner can substantiate to the satisfaction of the Commission or Hearing Officer that additional time should be granted for the filing or resubmittal of a Conditional Use Permit (Chapter 22.158) application, the Commission or Hearing Officer may institute proceedings to rezone such lots back to the previous zone prior to the adoption of a Zone ( )-DP designation or rezone to such other zone as deemed appropriate.

D.

If the additional time granted by the Commission or Hearing Officer expires before a Conditional Use Permit (Chapter 22.158) application has been filed or if a second Conditional Use Permit has expired unused, the Commission or Hearing Officer may initiate proceedings to rezone such lots as provided in Subsection C, above.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.54 - PARKING ZONE

22.54.010 - Purpose.

The Parking Zone, Zone ( )-P, is established to create supplemental off-street parking facilities in areas where additional parking is needed. Development standards are imposed to provide for vehicle parking areas with a functional design that will be harmoniously integrated with adjacent land uses.

(Ord. 2019-0004 § 1, 2019.)