The purpose of this chapter is to protect the integrity and character of the residential, commercial, and industrial areas of the city, through the application of provisions of this chapter consistent with the general plan. The application will be reviewed for conformance to established standards.
(Ord. 777 § 1 (Exh. A), 2002)
Application for a development plan permit (preliminary and final) shall be filed in a manner consistent with the requirements contained in Chapter 17.36 (Applications, Filing, Processing, and Fees).
(Ord. 777 § 1 (Exh. A), 2002)
Each development plan permit application (preliminary and final) shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter.
(Ord. 777 § 1 (Exh. A), 2002)
Upon receipt in proper form of a preliminary development plan permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter 17.74 (Public Hearings).
(Ord. 777 § 1 (Exh. A), 2002)
A development plan permit application may modify applicable development standards in the following manner:
A. 
The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, height, and setbacks], fence and wall heights, landscaping, off street parking [design and ratios], open space, street layout, etc.) identified in this title, except for an increase in the applicable density/intensity provisions.
B. 
Residential development projects with increased density or intensity standards may only be approved in compliance with state law (Government Code Section 65915 [Incentives for lower income housing development]).
(Ord. 777 § 1 (Exh. A), 2002)
Following a hearing, the review authority, as identified in Table 4-1, Section 17.34.010, shall record the decision in writing and shall recite the findings upon which the decision is based. The review authority may approve a development plan permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to accommodate property development, mitigate project-related adverse effects, and to carry out the purpose and requirements of the respective zoning district. The review authority may approve a development plan permit, only if all of the following findings are made:
A. 
The proposed development is:
1. 
Allowed within the respective zoning district;
2. 
Generally in compliance with all of the applicable provisions of this title that are necessary to carry out the purpose and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines; and
3. 
Consistent with the general plan and specific plan, if applicable.
B. 
The proposed project would produce a comprehensive development incorporating a more enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under more standard district development requirements;
C. 
The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in the vicinity and the respective zoning district;
D. 
The design, location, and proposed uses would be compatible with the character of existing development in the surrounding neighborhood;
E. 
The subject site is physically suitable for the type and density/intensity of development being proposed; and
F. 
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.
(Ord. 777 § 1 (Exh. A), 2002)
Within twenty-four months of the preliminary development plan permit approval, a final development plan permit shall be obtained or the preliminary development plan permit shall become void. In no case shall the validity of a preliminary development plan permit exceed the expiration of any directly related tentative map.
(Ord. 777 § 1 (Exh. A), 2002; Ord. 962 § 1, 2007; Ord. 1031 § 2, 2011)
The director shall consider the final development plan permit application. The director may approve a final development plan permit if it substantially conforms to the preliminary development plan and associated conditions of approval, and provided any directly related tentative map or final map remains valid and in good standing.
(Ord. 777 § 1 (Exh. A), 2002; Ord. 962 § 1, 2007)
Within twelve months of final development plan permit approval, the permit shall be exercised in compliance with Section 17.68.060 (Expiration), and any directly related tentative map or final map shall remain valid and in good standing, or the permit shall become void.
(Ord. 777 § 1 (Exh. A), 2002; Ord. 962 § 1, 2007)
In approving a development plan permit, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.42.050 (Findings and decision).
(Ord. 777 § 1 (Exh. A), 2002)
An approved development plan (preliminary or final) may be modified by the commission, in compliance with Chapter 17.36 (Application Filing, Processing, and Fees). Minor modifications to an approved development plan may be approved by the director in compliance with Section 17.68.080 (Changes to an approved project).
(Ord. 777 § 1 (Exh. A), 2002)
The review authority may, upon an application being filed at least thirty days before the date of permit expiration and for good cause, grant a one-time extension not to exceed twelve months, in compliance with Section 17.68.070 (Time extensions). If a preliminary development plan (PDP) is processed concurrently and approved with a tentative map, the PDP's expiration shall be concurrent with the expiration of the related approved or conditionally approved tentative map. In addition, the expiration of a PDP approved subsequent to an approved or conditionally approved tentative map shall be concurrent with the expiration of the previously approved or conditionally approved tentative map upon a determination by the department that the tentative map remains consistent with the general plan, applicable specific plans and Title 17. If any duly adopted state legislation is adopted that extends mandates the automatic extension of the expiration date or "life" of any tentative map with an entitled PDP, the associated PDP shall be eligible for extensions in twelve month increments upon submittal of a time extension application. The expiration of a preliminary development plan shall not extend beyond the expiration date of the related tentative map.
(Ord. 777 § 1 (Exh. A), 2002; Ord. 962 § 1, 2007; Ord. 1031 § 2, 2011; Ord. 1159 § 2, 2019)
The director may revoke or modify a development plan permit in compliance with Chapter 17.78 (Revocations and Modifications).
(Ord. 777 § 1 (Exh. A), 2002)
All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following chapters and sections:
17.76 Appeals
17.36 Application Filing, Processing, and Fees
17.68.080 Changes to an Approved Project
17.74 Public Hearings
17.78 Revocations and Modifications
17.68.070 Time Extensions.
(Ord. 777 § 1 (Exh. A), 2002)