Chapter 2

PERMITS AND APPROVALS

==> picture [432 x 161] intentionally omitted <==

----- Start of picture text -----

----- End of picture text -----

10/24/07

i

Permits and Approvals

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

3 |

:

These provisions are intended to prescribe the procedure for fiting applications for permits, appeals, amendments, and approvals when required or permitted by this Title. These provisions will provide the framework by which applications will be determined to be complete and permitted to be filed.

17.2.20 DEVELOPMENT REVIEW PROCESS

This section establishes and explains the processes and procedures that must be followed, and the application types required to be filed, before new land uses or modifications of existing land uses can be legally initiated.

1. The City shall maintain appropriate processes and procedures to ensure that proposed development projects are afforded an adequate and impartial review in accordance with City ordinances, resolutions, policies and standards.

2. Whenever an application that is inconsistent with the General Plan and/or this Title is filed, that inconsistency shall be noted as part of the application. In addition, filing of a zone change to make the original application consistent shall be fited concurrently. The approving authority for the original application may deny the application or approve it, conditioned upon obtaining the necessary change in zoning to eliminate the inconsistency prior to recordation of a final map in the instance of a division of land or prior to filing of any applications for construction permits if a division of land is not involved.

17.2.30 GENERAL PLAN AMENDMENTS

1. Purpose and Intent

As conditions within the City change it may, from time to time, become necessary to amend the General Plan to enhance its effectiveness. In addition, State law requires that the General Plan be periodically reviewed and updated. The purpose of this section is to provide a method for amending the General Plan to ensure its continued effectiveness.

2. Authority

The City Council may amend all or part of the General Plan, or any Element thereof. All zone districts, specific plans (for which a development agreement or vesting subdivision or parce! map has not been adopted), and any other plans of the City that are affected by a GeneralGeneral PlanPlan, amendment,shall be reviewedand whichand byamended law mustconcurrently, be consistenttowithensurethe consistency between the General Plan and implementing zoning, specific plans, and other plans.

10/2407

2-4

Permits and Approvals

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

Table 2.A Consistency of City Zone Districts with General Plan Land Use Designations (Cont'd)

General Plan Land Use Designations Residential Designations

• RD Rural Density Residential LD Low Density Residential MD Medium Density Residential

• . . .

• Commercial Designations

RC Retail Commercial HC Heavy Commercial . . . industrial Designations . I Industrial

Zone Districts

Special Districts

• PD Planned Development CF Community Facilities H Airport Approach Height Combining DI Drilling Island PE Petroleum Extraction Combining RM Resource Management

Residential Districts

• RA Residential Agricultural R-1 Single Family Residential R-2 Light Multiple Family Residential R-3 Multiple Family Residential

PF - Public Facilities P Parks Ss Schools OS Open Space _ PUB Public Utilities/Buildings

Open Space Designations

RR __ Residential Reserve A Agriculture

• GC General Commercial NC Neighborhood Commercial DC —— Downtown Commercial

Employment Districts

HC Highway Commercial Industrial Agricultural Districts

A Agricuitural

3. Restriction on Number of Amendments Elements of the General Plan shall be amended no more frequently than permitted by State law.

• 4, Initiation of amendments to the General Pian

  • An amendment to the General Plan or any Element thereof may be initiated by any of the following actions:

  • a. A request made and approved by the City Council;

10/24/07

2-3

Permits and Approvals

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

• a. A request made and approved by the City Council;

• b. A request made by the Planning Director to the City Council subject to approval by the City Council;

• c. An application from a property owner, or his/her authorized agent, provided that such application involves the development or modification of property located within the area affected by such amendment; or

• d. An application from any affected party, provided that such application involves only revisions to the text of this Title and does not require redistricting of properties for which the affected party is not the owner or the authorized representative of the owner.

3. Authority

Authority for approval of amendments fo this Title, including amendments to the Official Zoning Map, shall be vested in the City Council. The Planning Director shall forward recommendations to the City Council regarding such amendments.

City Council Review and Action

• a. A public hearing before the City Council shall be noticed and held within the time limits specified by State law, after an initiated application is deemed complete and after required environmenial documentation has been completed. A longer period of time may be prescribed by the City Council in the case of a City initiated amendment.

• b, The City Council shall approve, approve with modifications, or disapprove the proposed amendment.

• C. A Gity Council action disapproving a proposed amendment, regardless of how such amendment was initiated shall be final.

• 4, Required Findings

All of the following findings shall be made prior to adoption any amendment to this Title, including amendments to the official zoning map.

• _

• a. The proposed change of zone or text revision is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan; and

• b. The proposed change of zone or text revision will not adversely affect the public health, safety, and welfare or resuit in an illogical land use pattern; and

• Cc. The proposed change of zone or text revision is consistent with the purpose and intent of the remainder of this Title not under consideration; and

• d. The potential environmental impacts of the proposed change of zone or text revision are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts.

10/24/07

2-5

Permits and Approvais

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

a. The proposed use is permitted within the subject zone district pursuant to the provisions of this section, complies with all applicable provisions of this Title, is consistent with the goals, policies, and objectives of the General Plan, and is consistent with the applicable development policies and standards of the City; and

b. The proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and

Cc. The site is suitable for the type and intensity of use or development proposed; and

• d. There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and

• e. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and

• f. The proposed use would not result in a significant effect on the environment; unless overriding considerations outweigh the potential impacts.

6. Conditions of Approval

In granting a conditional use permit, the City Council shail require that the use and development of the property conform with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications thereof as may be deemed necessary to protect the public health, safety, and general welfare and to secure the objectives of the General Plan. The City Council may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:

• a. Requirements for setbacks, yard areas, and open spaces.

• b, Fences, walls, buffers, and screening.

• C. Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 17.13 of this Title. .

• d. Landscaping and maintenance of landscaping and grounds.

• e. Regulation of signs.

• f. Control of noise, vibration, odors, and other potentially dangerous or objectionable elements.

• g. Limits on hours of operation or duration of approval.

• h. Time period within which the proposed use shall be developed. i. Requirements for street improvements and dedications.

• j. Building design and elevations.

• k. Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this Title,

10/24/07

2-7

Permits and Approvals

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

é

Title shall be granted only when it is demonstrated that the strict application of the zoning regulations deprives such property of privileges enjoyed by other properties in the genera! vicinity and in the same zone district due to special circumstances applicable to the property in question, including size, shape, topography, location or surroundings. Consequently, a variance to a zoning regulation prescribed by this Title may be granted with respect to development standards including, but not limifed to, walls, fences, screening and landscaping, site area, width and depth, coverage, front, side, and rear yards, height of structures, usable open space, and on-street and off-street parking and loading facilities. In approving a variance, the Planning Director and City Council may impose reasonable conditions of approval.

• Minor Variances

• a. The Planning Director may approve requests for minor variances to modify the following requirements of this Title.

  • (1) Minor parking lot improvements.

  • (2) Up to thirty percent (30%) of parking and loading space requirements, not to exceed two (2) spaces.

  • (3) Up to twenty percent (20%) of front yard setback requirements.

  • (4) Up to forty percent (40%) of side yard setback requirements, but no closer than three (3) feet from the property line.

  • (5) Up to twenty-five (25%) of rear yard setback requirements, but no closer than five (5) feet from the property line.

  • (6) Up to ten percent (10%) of area requirements, excluding lot area and dimension requirements.

  • {7) Up to ten percent (10%) of the maximum building coverage requirements.

  • (8) Up to ten percent (10%) of maximum gross floor area requirements.

4. Major Variances Any request for a variance other than a minor variance shall be termed a major variance, and shall be reviewed and acted upon by the City Council.

5. Required Findings The City Council, and/or the Planning Director, shall make all the following findings in a decision to grant a variance request:

• a. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area or vicinity; and

• b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the vicinity and under the same zoning classification; and .

A 10/24/07 2-9 Permits and Approvals

10/24/07

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

Chapter is to establish procedures and requirements for consideration of development agreements by the City consistent with State law.

2. Application Requirements and Forms

• a. An applicant may propose that the City consider entering into a ' development agreement pursuant to Article 2.5, Title 7 of the California Government Code commencing with Section 65864, by filing an application with the Planning Department and demonstrate that the project satisfies the eligibility requirements of this Section. The form of said application shall be provided by the Planning Director.

  • b. Applicant

An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is the subject of the development agreement or by that person's authorized agent. The term "applicant" shall also include any successor in interest to the property owner, or successor in interest to any other person having a legal or equitable interest in the property.

• c. Eligibility Requirements

The City Council finds that it may be in the City's best interest to enter into a development agreement when construction of the project will be phased over a several year period, is a large-scale development, shall occupy substantial acreage, or in some other way requires long-term certainty on the part of the developer and the City. The City Council reserves the sole right to determine whether a development agreement is appropriate and in the best interest of the City for a specific development project.

Proposed Development Agreement

• a. Each application shall be accompanied by a proposed development agreement, which shall specify the duration of the agreement, the permitted uses of the property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.

• b. A proposed development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not unreasonably prevent development of the land for the uses and fo the density or intensity of the development set forth in the agreement. A proposed development agreement may also provide that construction shall be commenced within a specified time, and that the project or any phases thereof be compieted within a specified time.

• C. A program and standards for periodic review of the development agreement shail be included.

• d. Appropriate provisions, acceptable to the City Attorney, providing security for the performance of the developer under the development agreement shail be included.

• e. A development agreement shall include all conditions imposed by the City with respect to the development project, including those conditions required as a result of any environmental review prepared under the

10/24/07

2-11

Permits and Approvals

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

,

' agreement, for review and comment by such City agencies. The proposed development agreement shall be reviewed for legal sufficiency and a proposed ordinance authorizing the City to enter into the development agreement, for action by the City Council upon hearing thereof as specified herein shall be prepared. The staff report and recommendation of the Planning Director shall include any appropriate recommendations received by other agencies.

Cc. The Planning Director shall, at the applicant's expense and in accord with City procedures for implementation of the California Environmental Quality Act, undertake environmental review and, upon completion of such review, transmit the application, together with a recommendation thereon, to the City Council.

d. Upon receipt of the application, the results of the environmental review, and the recommendations of the Planning Director, the City Council shall schedule a public hearing. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the California Government Code and as provided for in section 2.150 of this Chapter. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

• e. Review Standard

The City Council may recommend use of a development agreement as a method of implementing or providing standards and criteria for any development approval including but not limited to;

• (1) A development approval pursuant to this Title;

• (2) An amendment to the General Plan;

• (3) The formation of an assessment district, benefit district, maintenance district, special benefit district, or any other mechanism for the installation of required on-site and/or off-site improvements; and/or

• (4) Mitigation measures imposed upon a development project after approval of an environmental impact report or mitigated negative declaration in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts. ; ,

• f. Recommendation of the Planning Director

Following the public hearing, the Planning Director shall make his/her recommendation in writing to the City Council. The recommendation shall include the Planning Director's determination as to whether or not the proposed development agreement meets the following criteria:

• (1) It is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan;

• (2) It is compatible with the uses authorized in, and the regulations prescribed for the zone district in which the real property is or will be located;

10/24/07

2-13

Permits and Approvals

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

7. Periodic Review

• a. The City shall periodically review a development agreement at least once every 12 months after the City enters into a development agreement.

• b. Not less than forty-five (45) nor more than sixty (60) calendar days prior to the yearly anniversary of the date a development agreement was entered into, the applicant shall submit evidence to the Planning Director of the applicant's good faith compliance with the development agreement. Said notification shall be accompanied by a processing fee in such amount as may hereinafter be established by resolution of the City Council.

Cc. Finding of Compliance

If the Planning Director finds good faith compliance by the developer with the terms of a development agreement, a certificate of compliance shall be issued, which shail be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the Planning Director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the City Council of the issuance of the certificate on such appeal shall conclude the review for the applicable period and such determination shall be final.

d. Finding of Noncompliance

lf, based on substantial evidence, the Planning Director finds the developer has not complied in good faith with the terms of a development agreement, the respects in which the developer has failed to comply shall be specified in writing. The Planning Director shall also specify a reasonable time for the developer to meet the terms of compliance. If such areas of noncompliance are not corrected within the reasonable time limits as prescribed by the Planning Director, the development agreement shail be subject to cancellation pursuant to provisions herein.

e, Appeal of Determination

Any interested person may file an appeal of the issuance of a certificate of compliance to the City Council within ten days after the certificate's issuance. The developer may also file an appeal to the City Council of a finding of noncompliance by the Planning Director within ten days after giving notice of such determination. All appeals before the City Council shall be conducted pursuant to the provisions of Section 17.2.180 of this chapter at which time evidence shall be taken and findings thereon made.

f.

Referral to the City Council

The Planning Director may refer any review to be conducted hereunder to the City Council. Such referral shall be made together with a staff report of the Planning Director's preliminary findings. Upon such referral, the City Council shall conduct a noticed public hearing to determine the good faith compliance by the developer with the terms of the development agreement in accordance with the provisions contained herein, and shall direct the issuance of a certificate of compliance upon a finding of good faith compliance, or make the determination of noncompliance on the basis of substantial evidence.

10/24/07

2-15

Permits and Approvals

{

CHAPTERITV 2 OF MARICOPA ZONING ORDINANCE

possible, be deemed non-conforming uses, and shall be subject to the nonconforming use provisions of this Title.

9, Miscellaneous Provisions

• a. All development agreements shall be subject to the regulation and requirements of the laws of the State of California; the Constitution of the United States; any codes, statutes, or executive mandates; and any court decision, State or Federal, thereunder. In the event that any such law, code, statue, mandate or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate, or decision.

• b. A development agreement entails and consists of a separate procedure from other land use planning procedures and shall not take the place of this Title, the General Plan, a conditional use permit, subdivision approval, building permit, or any other City development procedures. If so specified in a development agreement, it shall constitute an approval pursuant fo such planning procedures as if separately enacted under other provisions of this Title or other City ordinances; to the extent practicable, public hearings ona proposed development agreement shall be held concurrent with the public hearings on all related land use approvals, and all such approvals shall be made concurrent with the approval of the development agreement.

Cc. When approved, a development agreement and any development control maps and all notations, references and regulations that are a part of the development agreement shall be part of the Development Agreement Ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding or design of structures; location or design of open areas; and landscaping and other comparable regulations.

d. This Section and any subsequent development agreement with respect to any development agreement enacted under this chapter, any provision of such a development agreement that is in conflict with this Title shall be void. Unless otherwise provided by the development agreement, the City's rules, regulations and official policies governing permitted uses of land, governing density, and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shail be those City rules, regulations and official policies in force at the time of the approval of the development agreement by the City Council provided, however, that the developer is subject to all increases in City imposed fees, dedication requirements, and charges with respect to subsequent applications for development and construction within the property subject to a development agreement.

10/24/07

2-17

Permits and Approvals

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

• b. The Planning Director is authorized to approve or deny applications for design review and to impose reasonable conditions upon such approval, subject to the right of appeal as provided in Section 17.2.180 of this chapter. Conditions may include, but not be limited to, requirements for open space;

• screening and buffering of adjacent properties; fences and walls; landscaping; installation and maintenance of landscaping and erosion contro! measures; vehicular ingress and egress; traffic circulation; signs; grading requirements; establishment of development schedules or time limits for performance or completion of improvements; and such other conditions as the Planning Director may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to enable the Planning Director to make the findings necessary for approval. The Planning Director may, at its discretion, refer any design review decision to the City Council.

5, Design Criteria (Non-Residential)

• a. The design and layout of a proposed development shall be consistent with the General Plan, the provisions of this Title and any adopted architectural criteria for specialized areas such as designated historic districts, theme areas, specific plans, or planned developments.

• b. New, renovated, or remodeled development shall demonstrate that the following general design criteria have been integrated into the design and layout of the proposed development.

  • (1) Establish an architectural and siting design theme that is compatible with surrounding existing and planned development that includes the following elements.

    • (a) A rrelationship to prominent design features existing in the immediate area (i.e., trees, land form, key elements of adjacent development, etc.}:

    • {b) A relationship to existing structures and neighborhood character. This includes prohibiting any device being or resembling security bars, gates, or other similar security devices from being placed over or on windows or doors on the exterior of any building, or the interior of any building if visible from a public street or public right-of-way; excepting doors and windows on the ground level portion of the rear of a building facing an alley;

    • {c) Arelationship to the natural environment (i.e., washes, native vegetation, and community landscaping).

  • (2) Design the development to create pleasing transitions to surrounding development by incorporating the following elements.

    • (a) The bulk of new structure(s) relates to the prevailing or planned scale of adjacent development;

    • (b} Setbacks from streets and adjacent properties relate to the scale of the structure and the function of the street and encourage pedestrian scale and uses; and

    • (c) Tallstructures are made less imposing by physically stepping them back from the street.

10/24/07

2-19

Permits and Approvals

CITY OF MARICOPA ZONING ORDINANCE

(

(