Chapter 17.72 — STANDARDS OF REVIEW

The purpose of this chapter is to establish uniform minimum standards in order to improve the compatibility of land uses and development with adjacent land uses and development. (Ord. 2011-02 §1)

Each project application submitted to the Waterford city planning department for review and action by the planning director or planning commission shall be subject to the following standards of review. (Ord. 2011-02 §1)

Unless otherwise addressed by other approval processes (i.e. major subdivisions, conditional use permits), all development shall comply with the following sections.

(Ord. 2011-02 §1)

• A. Any permit approved by the city of Waterford shall conform to the Waterford general plan and any applicable specific plan, area plan or similar planning program as adopted by the Waterford city council.

• B. Any permit approved by the city of Waterford shall conform to Waterford development standards, policies and applicable guidelines, including but not limited to:

  1. Standards and provisions of this title;

  2. City of Waterford improvement standards;

  3. City of Waterford architectural design guidelines.

• (Ord. 2011-02 §1)

• A. All projects that require the additional use of or new facilities for essential services (including, but not limited to, sanitary sewers, water lines, storm drains, fire hydrants, public streets, street lighting and similar services such as police and fire facilities, schools and/or other capital facilities), shall obtain preliminary approval as required by the agency providing such service prior to issuance of a building permit, or final land use permit if no building permit is required.

• B. The non-availability of essential services may be grounds for denying permits for additional development until such services are available.

• C. The city is not obligated to extend or supply essential services if capacity is not available obligated or reserved. If capacity is available, the extension of services shall be made by, and at the cost of, the developer.

• D. All service extensions shall be designed and installed in full conformance with city standards or the standards of the providing agency, as appropriate.

• E. All service extensions shall be subject to review, permit and inspection as required by other policies or ordinances of the city or the service provider.

• F. All development proposals shall be reviewed to assure consistency with the circulation policies and standards contained in the general plan.

• (Ord. 2011-02 §1)

• A. Whenever a "project" is proposed in the city of Waterford, as defined by the California Environmental Quality Act (CEQA) a review of potential environmental impacts shall be evaluated. All environmental impacts identified as potentially significant shall be mitigated to the maximum extent feasible.

• B. All development shall be designed to achieve the environmental goals and objectives of the city of Waterford as set forth in the Waterford general plan and the Waterford general plan EIR to the maximum extent feasible.

• C. Where a proposal does not comply with the standards of subsections A and B of this section, the applicant shall have the responsibility to provide documentation as to why such compliance with the city's general plan and general plan EIR goals and standards is not feasible and a "waiver" to such compliance may be granted by the planning commission when the commission determines that the project benefits exceed the adverse impacts on the city's environment resulting from the project.

• D. Such finding may be required for a project to be part of a statement of overriding considerations adopted as part of the certification process of a project environmental impact report (EIR).

• (Ord. 2011-02 §1)

Whenever an official plan line or right-of-way has been established for any street, the required yards shall be measured from the official plan line or right-of-way line. (Ord. 2011-02 §1)

All newly constructed public utilities which are used to service a commercial, industrial, residential and/or multiple-family lot shall be placed underground in accordance with existing city standards. (Ord. 2011-02 §1)

Under certain specific circumstances, exceptions to the requirements of this chapter may be approved by the planning director.

• A. Height Limits. In general, the height limitations established by this title shall not apply to church spires, belfries, cupolas and domes, monuments, water towers, silos, observation towers, distribution and transmission towers, lines and poles, chimneys, smokestacks, and flag poles.

• B. Design. The planning commission may require appropriate design changes or that an architectural review application be submitted and approved for any of the height exceptions listed above. Approval of any type of transmitting radio, TV, or other antenna, except satellite dish antenna, shall require approval of the Federal Communications Commission (FCC) prior to installation.

• C. Projections into Required Setback Areas. The following shall be permitted to project into a required setback area:

  1. Bay windows, cornices, canopies, eaves, greenhouse windows, chimneys, gutters, and other architectural features may project into required yards a maximum of three feet. However, no such feature shall project closer than three feet from a property line.

  2. A fire escape, or an unenclosed stairway, porch, patio, deck or balcony which is fully open to the sky, may extend or project into the required setback areas as follows:

     • a. Not closer than three feet from a side yard property line;

     • b. Six feet into any required front yard;

     • c. Ten feet into the required rear yard.

• D. Ground-Level Decks. An unenclosed ground-level deck may extend or project not closer than three feet from a side yard or rear yard property line, and not more than six feet into the required front yard setback area.

  1. When located five feet or more from any residence at its closest point, a ground-level deck shall be no higher than thirty inches above the ground at its highest point.

  2. When located less than five feet from any residence at its closest point, or if attached to a residence, a ground-level deck shall be no higher than eighteen inches above the ground at its highest point.

• E. Gazebos and similar structures (such as solid patio shades) shall be considered accessory buildings and subject to the specific requirements contained elsewhere in this title.

• (Ord. 2011-02 §1)

The exception provisions of this section shall not be interpreted so as to alter any minimum front, rear or side yard setbacks as otherwise required by this title. (Ord. 2011-02 §1)