Chapter 21.15 — DEVELOPMENT REVIEW

A.

Purpose. Development review is established to ensure that new development supports the goals and policies of the general plan and other adopted plans and guidelines. The specific purposes of the development review process are to:

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

Supplement other city regulations and standards to ensure control of aspects of design that are not otherwise addressed.

B.

Applicability. Development review is required prior to construction and building permit issuance for any structure, or to relocate, rebuild, or significantly enlarge or modify any existing structure or site.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Types of Development Review and Review Authority. Three levels of development review are hereby established:

Development Plans. Review of major development projects shall be conducted by the planning commission as development plans.

Site Plan. Review of minor development projects shall be conducted by the development review committee as site plans.

Plot Plan. Review of minor details shall be conducted by the zoning administrator as plot plans.

B.

Thresholds. Unless otherwise specified in this section, thresholds identified in Table 21.15.030-1 (Review Authority for Development Review) shall be cumulative over a five-year period. The starting point for the five years shall be when the certificate of occupancy has been issued.

C.

CEQA Review. Notwithstanding Table 21.15.030-1 (Review Authority for Development Review), the zoning administrator may determine that certain site plans and plot plans are not exempt from CEQA; in any case where a site plan or plot plan requires preparation of an initial study or environmental impact report, the project and related CEQA action shall be reviewed by the planning commission.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Table 21.15.030-1 (Review Authority for Development Review) summarizes the review authority responsible for reviewing and making decisions on development plans, site plans, and plot Plans. See also Chapters 21.16 (Development Plans), Chapter 21.17 (Site Plans), and Chapter 21.18 (Plot Plans) for additional requirements and clarifications.

Table 21.15.030-1: Review Authority for Development Review

Development Type Application Type/Review Authority (1)(2)

Site Plan/ Development Plot Plan/ Zoning Development Plan/Planning Administrator Review Committee Commission

RESIDENTIAL CONSTRUCTION ACTIVITIES

Residential New Construction

Single-family dwelling unit (on lots with or without slope) Decision — Appeal

Single-family dwelling unit in PD zoning district or SPD overlay Review Recommend Decision zoning district

Two-family dwellings Decision — —

Ministerial plot plan review for accessory dwelling units (ADUs) Decision — —

Multi-family (2—10 dwelling units) Review Decision Appeal

Multi-family (11+ dwelling units) Review Recommend Decision

Residential Additions, Alterations, and/or Accessory Structures

Single-family additions, exterior alterations, and/or accessory Decision Appeal Appeal structures requiring a building permit

Multi-family additions, exterior alterations, and/or accessory structures that are not visible from public streets Decision Appeal Appeal and vantage points and do not increase number of units but requiring a building permit

Multi-family additions, exterior alterations, and/or accessory Review Decision Appeal structures that are visible from public streets and vantage points

Other Residential Construction or Improvements

Fences and walls (those requiring a building permit) Decision — Appeal

Pools and spas Decision — Appeal

NONRESIDENTIAL CONSTRUCTION ACTIVITIES

Nonresidential New Construction

Less than 10,000 sf Review Decision Appeal

Less than 10,000 sf if all necessary infrastructure has not been Review Recommend Decision installed

10,000 sf or greater Review Recommend Decision

Accessory structures and/or exterior alterations not visible from Decision — Appeal public streets and other public vantage points

Accessory structures and/or exterior alterations visible from public Review Decision Appeal streets and other public vantage points

Nonresidential Additions

Minor additions (less than 1,000 sf not visible from the public right- Decision — Appeal of-way)

Mid-size additions (less than 10% or 10,000 sf, whichever is greater) Review Decision Appeal

Major additions (10% or more or 10,000 sf, whichever is greater) Review Recommend Decision

Other Nonresidential Construction

Fences and walls (all) and screening for outside storage and display Decision — Appeal areas

Landscaping Decision — Appeal

Parking lots Decision — Appeal

Installation of such items as automatic teller machines, replacement gasoline pumps, trash bin enclosures, electrical transformer boxes, — and freestanding carport solar collectors (PV systems) within existing Decision Appeal improved parking lots

Ground-mount solar arrays under 10,000 sf in area (not subject to Review Decision Appeal CEQA)

SIGNS AND SIGN PROGRAMS

Comprehensive sign programs Review Recommend Decision

Sign permit Review Decision Appeal

Change of copy within existing sign structures, directional signs, and signs implemented as part of an approved sign program that are not Decision — Appeal visible from a public right-of-way and/or other public vantage points

OTHER REVIEW

Outdoor seating areas for restaurants Decision — Appeal

Pregrading (20,000 square feet or less) Review Decision Appeal

Pregrading (more than 20,000 square feet) Review Recommend Decision

Special planned developments Review Recommend Recommend

Master development plan Review Recommend Decision

Subdivisions/Condominiums Review Recommend Decision

Notes:

"Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in compliance with Chapter 21.25 (Appeals and Calls for Review); "Recommend" means that the review authority should provide preliminary review and forward input to the next higher review authority for consideration.

A review authority may defer action and refer the request to the next higher review authority for the final decision in compliance with Subsection 21.08.010(B) (Elevate Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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A.

Application. An application for a development review permit shall be filed with the zoning administrator in compliance with Chapter 21.09 (Application Processing and Common Procedures).

B.

Dedications and Public Improvements. In order for applications to be found to be complete, any applicable dedications and public improvements listed below must be either completed or an agreement to complete them, in a form to be approved by the city, shall be submitted with the application:

All dedications for adjacent streets necessary to provide the minimum right-of-way width to meet city standards for the applicable classification of the subject streets;

All street improvements necessary to provide the minimum standards established by city standards for the applicable classification of the subject streets, including, but not limited to, curbs, gutters, sidewalks, paving, street lights, and pedestrian and bicycle paths;

All sewer, water, and storm drain system improvements necessary for compliance with the city's adopted master plans for these systems and any applicable specific plans;

All fire prevention measures, including, but not limited to, on- and off-site fire hydrants and emergency vehicle access indicated by city-adopted codes, policies, and standards;

All open space and recreation dedications and improvements necessary for compliance with general plan policies, any applicable specific plans, and other city-adopted plans.

C.

Time Limit On Approval.

Approval of development plans, site plans, and plot plans shall be valid for a period of not more than two years following the date of approval. Development plans approved concurrently with a tentative tract or parcel map shall have the same expiration time period as the subdivision approval. If, at the end of a two-year period, one of the situations listed below has occurred, said approval shall become invalid.

a.

A building or grading permit has not been issued; or

b.

A building or grading permit has been issued but construction or grading has not commenced within one hundred eighty days of the issuance; or

c.

A building or grading permit has been issued and construction or grading has commenced but has subsequently lapsed for a period of one hundred eighty days; or

d.

A written request for a time extension request and the applicable fee have not been received; or

e.

A tentative tract or parcel map associated with the development plan, site plan, or plot plan has expired.

Approval of master development plans shall be valid for a period of time of not more than five years following the date of approval. Subsequent development plans that become vested shall vest the master development plan. Subdivision maps approved concurrently with a master development plan shall be subject to the expiration timeline per the Subdivision Map Act.

Time extensions, not exceeding two years per extension, may be granted by the review authority as follows:

a.

Process. A written request and applicable fee shall be submitted to the department no later than the date of expiration of approval.

b.

Planning Commission. For projects originally approved by the planning commission or city council, a time extension shall be considered by the planning commission.

c.

Development Review Committee. For projects originally approved by the development review committee, a time extension shall be considered by the development review committee.

d.

Zoning Administrator. For projects originally approved by the zoning administrator, a time extension shall be considered by the zoning administrator.

D.

Referrals Up to Next Level of Review.

In their respective reviews of site plans and plot plans, the development review committee and zoning administrator may refer project applications up to the next (higher) level of review (for example, development plan and site plan, respectively) if it appears that such referral is necessary to accomplish the purposes of this title. Examples where such a referral may be indicated include, but are not limited to, the following:

a.

The project is located on a scenic corridor or gateway to the city as designated by the general plan or other visually- prominent location;

b.

There are unique circumstances about the design of a particular development project or about the quality of design in its neighborhood.

If a project application is referred by the zoning administrator to the development review committee for site plan review, no additional fee shall be required. However, if a development project is referred by the development review committee to the planning commission for development plan review, the applicable fee for development plan review may be required as condition of approval.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Development Plan.

Hearing. The planning commission shall conduct a public hearing on an application for a development plan before making a decision on the application to approve, approve subject to conditions, or deny the application.

Notice. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.26 (Public Hearings and Notice).

B.

Site Plan.

Public Meeting. The development review committee shall conduct a meeting that is open to the public on an application for a site plan before making a decision on the application to approve, approve subject to conditions, or deny the application.

On-Site Posted Notice.

a.

Projects That Require Notice. Notice of the project application shall be required for:

i.

Projects consisting of two—ten residential units; and

ii.

Projects requesting site plan modifications pursuant to Section 21.17.020 (Site Plan Modifications).

b.

Format. The on-site notice shall be posted on the subject site at least forty-eight hours prior to the meeting. A minimum of one notice, at least eleven inches by seventeen inches in size, shall be posted along each street frontage. The posting shall be placed in the ground or on a fence, wall, or building façade that is set back no more than ten feet from the street property line.

C.

Plot Plan. Public hearings and notice shall not be required. The zoning administrator shall issue a decision letter within thirty days of deeming the application complete.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The criteria for evaluation under the development review processes shall be in compliance with the adopted development standards and applicable design guidelines of the area in which the proposed project is located. All projects shall be consistent with applicable design guidelines. An application may be denied if the information provided by the applicant is insufficient to determine compliance with the guidelines.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. In approving a development review permit, the review authority may impose reasonable conditions deemed necessary to ensure compliance with adopted standards or applicable required findings and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

B.

Timing. Unless otherwise indicated in a condition of approval, all conditions and requirements imposed through development review shall be completed prior to occupancy of new buildings or additions, installation of signs, or operation of a new land use.

Exceptions. With the posting of security such as a performance bond or other method acceptable to the city, the following improvements may be completed after the above-mentioned events:

a.

Unless otherwise indicated in a condition of approval, the installation of required landscaping may be postponed for a period no longer than twelve months;

b.

If specifically provided for in a condition of approval of a development plan, required improvements, other than landscaping, may be postponed for periods to be determined by the planning commission.

Failure to Comply. Failure to comply with the requirements of development review constitutes a violation of this zoning code, which may be punishable as prescribed in Section 21.01.090 (Enforcement).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Delegation of Development Plan Details to the Development Review Committee. Following approval of a master development plan (Section 21.16.030) or development plan (Section 21.16.010) at a public hearing, the review authority may refer certain details of master development plan or development plan applications to the development review committee or zoning administrator for final approval. Examples of the appropriate level of details to be referred would include but would not be limited to single-family dwellings within planned development overlay zoning districts, landscaping materials, signage, building elevation details including colors, and masonry walls and fences. See Section 21.24.040 (Permit Amendments).

B.

Delegation of Site Plan Details to the Zoning Administrator. Following approval of a site plan (Chapter 21.17), the development review committee may refer certain details to the zoning administrator for final approval. Examples of the appropriate level of details to be referred would include, but would not be limited to, landscaping materials, signage, building elevation details including colors, and masonry walls and fences. See Section 21.24.040 (Permit Amendments).

C.

Extensions, Amendments, and Appeals. The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a development review application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)