Division 2 — DEVELOPMENT DESIGN REVIEW PERMIT

(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)

(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)

(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)

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)

(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)

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 Section 16-525.6.

(Ord. No. 3039)

The conditions imposed on a development design review permit may involve any factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:

• (A) Special yards, open spaces and buffer areas;

• (B) Fences and walls;

• (C) Traffic circulation and parking facilities, including vehicular ingress and egress and the surfacing and lighting of parking areas to specified standards;

• (D) Street and alley dedications and improvements, including sidewalks curbs and gutters;

• (E) Water supply, fire protection, sewerage service and storm drainage facilities;

• (F) Landscaping and maintenance of grounds;

• (G) Regulation of nuisance factors such as noise vibrations smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation;

• (H) Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

• (I) Regulation of signs and outdoor advertising;

• (J) A specified period limiting the time in which development may begin;

• (K) Provision for a bond or other surety that the proposed special use will be removed on or before a special date;

• (L) Height limitations to protect the character and integrity of abutting parcels or the general welfare, provided the maximum density allowed for residential developments can still be achieved; and

• (M) Such other conditions as will make possible the development of the proposed development in an orderly and efficient manner and in general accordance with the intent of this chapter and in compliance with State law. (Ord. No. 3039)

(A) Not later than ten days following the day a resolution of decision is adopted or denied, the Director or designee shall send notification of the decision to the applicant at the address appearing on the application or such other address as is designated in writing by the applicant. Notification shall include a copy of the resolution of approval or denial, and any conditions imposed on the permit if granted;

(B) With such notification the Director shall provide a copy of Section 16-525.9, setting forth the procedure for an applicant to appeal the decision. (Ord. No. 3039)

A resolution granting or denying an application for a development design review permit or modifying or revoking a development design review permit or denying an application for modification or revocation of a development design review permit is effective after the appeal period identified in this division has passed. (Ord. No. 3039)

(A) A development design review permit shall expire 36 months from the date of issuance if the use, building, structure, or other improvements for which the permit has been issued has not been established or commenced in compliance with the issued permit or unless a time extension is approved. If the approved application is not used within the time limit, the approval becomes null and void.

(B) Notwithstanding subsection (A), above, where an application, including required fees, requesting an extension is timely filed prior to such expiration date the Director may approve a one-time extension of the time limit in subsection (A), above, for a period of not to exceed one year. In considering a time extension, the review authority must make the following findings:

• (1) The granting of the extension must be based upon a finding of good cause.

• (2) All original findings for approval can still be made.

(Ord. No. 3039)

A decision of the Director shall become final and conclusive at the time of expiration of the appeal period ten calendar days after the date of the decision unless prior to the expiration of such period a timely appeal or notice requesting review in proper form is filed with the Planning Commission. In the event an appeal period ends on a day when the city is closed for business, the appeal period shall be extended to the next business day. The filing of such an appeal or notice requesting review shall automatically stay the execution of the decision of the Director pending rendition of a decision by the Planning Commission.

(Ord. No. 3039)

(A) A person may file an appeal on a decision of the Director approving or denying an application for a development design review permit not later than ten days after the date of the decision.

(B) A review of a decision of the Director may be commenced by the City Manager or designee or a member of the City Council by filing with the City Clerk an original and two copies of a notice requesting review.

(C) An appeal may be commenced by any person or entity aggrieved or directly affected by a decision of the Director by filing with the Secretary of the Planning Commission an original and two copies of a notice of appeal that specifies the grounds for appeal and the relief requested. The Secretary of the Planning Commission shall set the date of hearing on the appeal within a reasonable period of time after receipt of the appeal, and shall give notice of a public hearing on the appeal pursuant to Cal. Gov't Code Section 65091.

(Ord. No. 3039)