Division 2 — DEVELOPMENT DESIGN REVIEW PERMIT

SEC. 16-525. PURPOSE AND APPLICABILITY.

(A) This division establishes the procedures for conducting an administrative-level discretionary review of certain development applications, as identified in this chapter. This process requires the Director to verify that certain new or expanded uses, activities, structures, or development of land complies with all applicable policies, ordinances, and/or regulations of the city.

(B) Prior to the issuance of building permits for buildings or structures for uses for which this chapter does not require a special use permit or other zoning permit, an application for a development design review permit shall be filed with the Director, except for new single-family dwellings permitted in Section 16-22, which can be submitted directly for building permit review.

(Ord. No. 3039, 3073)

SEC. 16-525.1. REVIEW AUTHORITY.

(A) The Community Development Director ( Director ) is the review authority for an application that requires a development design review permit. The Director may approve, conditionally approve or deny the application. The Director may refer an application to another review authority for a decision on the development design review permit.

(B) Where a development design review permit is processed concurrently with a discretionary permit that requires approval by the Planning Commission or City Council, the review authority with jurisdiction over such discretionary permit shall also have review authority over the development design review permit.

(Ord. No. 3039)

SEC. 16-525.2. PROCEDURE FOR DEVELOPMENT DESIGN REVIEW.

(A) Whenever this chapter provides that a particular use or development may be permitted by development design review permit, an application for a development design review permit shall be determined as provided in this article.

(B) An application for a development design review permit may be filed by:

(1) The owner(s) of the subject property;

(2) An authorized agent representing the property owner(s); or

(3) The city.

(C) Each application for a development design review permit or modification to a development design review permit must be filed with the Director on a city application form, together with required fees and/or deposits, and all other information and materials as identified in the city's submittal checklist. The city may ask an applicant to clarify, or provide additional materials to address questions or concerns during the review process. The Director shall not accept an application unless it is accompanied by the application fee set by resolution of the City Council.

(D) The Director or designee shall review each application for completeness and accuracy before it is accepted as being complete for processing. In addition to the requirements of this chapter, each application is required to be in compliance with the requirement of the FAA Airport Hazard Overlay and the requirements of the Ventura County Cultural Heritage Board.

(E) The application shall be reviewed by the Development Advisory Committee (DAC) for consistency with applicable regulations and standards.

(F) The applicant shall be informed in writing within 30 calendar days of application submittal or as required by the Cal. Gov t Code, that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.

(G) If the applicant does not complete their application within 90 days after notification that the application is incomplete, the application shall be deemed withdrawn, unless a written request for extension is filed by the applicant and granted for good cause by the Director for a period not to exceed an additional 90 days. If an extension is not granted, or if the extension expires, the application shall be considered withdrawn. A courtesy letter from the city should be sent to the applicant documenting the withdrawal. A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any development project on the same property.

(Ord. No. 3039)

SEC. 16-525.3. PUBLIC WORKSHOP ON APPLICATION.

The application for a development design review permit on parcels located in or adjacent to established neighborhood planning areas shall be presented to the general public at a community workshop conducted by the Planning Division prior to a public hearing on the proposed project. The workshop is intended to provide the applicant with the opportunity to present the proposed development to nearby property owners and to allow residents the opportunity to ask questions and provide input directly to the applicant.

(Ord. No. 3039)

SEC. 16-525.4. HEARING ON APPLICATION.

(A) All applications for development design review permit shall be heard by the Director during a public hearing. Notice of the hearing shall be given by the Director or designee pursuant to Cal. Gov't Code, Section 65091. The date of the hearing on the application shall be set within the time provided by State law.

(B) If for any reason, any hearing cannot be completed on the day set thereof, the Director may continue the bearing by publicly announcing the time and place to which the hearing is continued. No other form of notice of such continuance shall be required.

(Ord. No. 3039)

SEC. 16-525.5. REQUIRED FINDINGS.

The review authority must make the following findings:

(A) The development is consistent with the applicable general plan policies and is in conformance with applicable zoning regulations contained in this chapter and other adopted standards.

(B) There are adequate infrastructure and public services available to serve the proposed development, including sewage, water, fire and police protection storm drainage facilities, roadway, sidewalks and legal access to the lot.

(C) The proposed development is on a legally created lot.

(D) The site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and items which may be required by