This chapter is intended to provide a review procedure for development projects identified in Table 2-2 as requiring a land development permit "L" in order to:
A. 
Protection. Protect the integrity and character of the residential, commercial, and industrial areas of the City, consistent with the general land uses, goals, objectives, implementation programs, and policies of the General Plan;
B. 
Adequate Review. Ensure adequate review and input for all development projects which potentially impact the community in order to protect the integrity of each land use and zoning district;
C. 
Placement. Encourage the orderly placement of structures within the City along with associated facilities, landscaping, parking areas, signs, and streets;
D. 
Interdependency. Recognize the interdependence of land values and the appropriate development and layout of a site, and provide a method by which the City may strengthen this interdependence; and
E. 
Discourage Adverse Impacts. Ensure that new development, including residential, commercial, and industrial, builds on the City's traditional character and does not result in an adverse aesthetic, health, or safety impact upon existing adjoining properties, or the City in general.
(Prior code § 16-535.010)
The Director is the Review Authority for Land Development Permits. The Director may defer action and refer the application directly to the Commission.
A. 
Decision. Review the land development permit application; or
B. 
Referral. Elect to defer action and refer the application directly to the Commission in compliance with Section 16.88.050(C) (Public hearing review procedure) for actions in which the Commission is the Review Authority.
(Prior code § 16-535.020)
The review of projects for appropriate and efficient development and layout of a site is an integral part of the development approval process. Therefore, the following, unless exempt under Section 16.136.040 (Exemptions), shall require review and approval of a land development permit by the Director:
A. 
Land Development Permit Required by Applicable Zoning. Each use identified as requiring a land development permit "L" in Table 2-2, if:
1. 
Construction. The applicant proposes to construct or erect:
a. 
A new structure or improvement, or
b. 
An enlargement of an existing structure or improvement;
2. 
Expansion. The existing use would be expanded within the existing structure or into an additional structure; or
3. 
Change of Use. The land use would be a change to a more intensive land use, as determined by the Director.
B. 
Other Land Use Activities. The following land use activities shall be allowed with a land development permit:
1. 
Model Homes and Temporary Tract Sales Offices. Temporary model homes and tract sales office for a specific development project may be established within the area of an approved development project, solely for the sale of homes in that project; and
2. 
Community Gardens. Community Gardens as identified in Table 2-2.
3. 
Market Gardens/Urban Farms. Market gardens/urban farms as identified in Table 2-2.
(Prior code § 16-535.030; Ord. 2020-06-09-1501 C.S. § 30; Ord. 2020-09-15-1501 C.S. § 16)
Uses identified as requiring a land development permit in Table 2-2 shall not require a land development permit and shall be allowed, if the use would:
A. 
Existing Structure. Be located in an existing structure and the structure would not be expanded;
B. 
Same Structure or Site. Occupy the same, or smaller portion of, the structure or site than the existing or prior land use; and
C. 
Less Intensive. Be the same as, or less intensive than, the existing or prior land use, as determined by the Director.
(Prior code § 16-535.040)
A. 
Preliminary Review.
1. 
The applicant may desire, or the Director may require, that a project be subject to a preliminary review before the formal submittal of an application for a project.
2. 
The purpose of the preliminary consultation is to review the proposal and to advise the project applicant of the location and development requirements applicable to the proposed project.
B. 
Filing. The application shall be completed, filed, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees).
C. 
Project Review Procedures. Each application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this chapter.
1. 
Commencement of Review. Project review is initiated when the Department receives a complete application package (e.g., all required attachments, elevations, plans, sample materials, specifications, etc.) as identified in the Department handout for Land Development Permits and any additional information required by the Director in order to conduct a thorough review of the proposed project.
2. 
Application Review. Upon receipt of a complete application, the Director:
a. 
Factors to be Considered. Shall conduct a review of the design, location, site plan configuration, and effect of the proposed development by comparing the project's plans to required location and development requirements identified in this Development Code; and
b. 
Action. May:
i. 
Review the application, including referral to City staff and specialists and on-site inspection of the subject parcel, if necessary; or
ii. 
Defer action and refer the application to the Commission for final decision on the land development permit application. All applications that require the preparation of an environmental impact report shall be acted on by the Commission.
3. 
Director's Action. If the Director elects to review the Land Development Permit application following the conclusion of the review of the application and related environmental documentation, the Director shall:
a. 
Environmental Determination. Make an environmental determination in compliance with Section 16.88.040 (Environmental determination); and
b. 
Application. Take one of the following actions on the application:
i. 
Approve. If the application is approved, the approval shall be subject to the findings required by Section 16.136.060 (Findings and decision);
ii. 
Approve With Conditions. Approve with conditions in compliance with Section 16.136.080 (Conditions of approval), and subject to the findings required by Section 16.136.060 (Findings and Decision); or
iii. 
Require Revision of the Project. If it is determined that the project needs to be revised to meet the requirements of this Development Code, the Municipal Code, or the requirements of CEQA or the City's CEQA Guidelines, the applicant shall be provided a written statement of the revisions that would be required.
4. 
Revised Plans. If the project needs to be revised or the required findings/recommendations may alter a proposed development:
a. 
The applicant shall submit revised plans for a final review; or
b. 
If the revised application does not comply with the conditions, recommendations, or required modifications for the project, the applicant shall submit a new application and pay any applicable fees in compliance with the Council's fee resolution.
D. 
Noticing for Land Development Permit—Not Required. A public notice or hearing shall not be required for the Director's action on a land development permit. If the Director refers the application to the Commission or the decision of the Director is appealed, notice of the Commission's hearing shall be given in compliance with Section 16.88.030 (Public hearing notices).
E. 
Site Plan Review—Not Required. If a land development permit is approved, no site plan review shall be required in compliance with Section 16.152.040 (Site plan review—Exemptions). The site plan for the land development permit shall be stamped and signed-off and submitted with any application for a building permit.
(Prior code § 16-535.050)
The Review Authority shall provide the decision with the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. The Review Authority may approve the land development permit, with or without conditions, only if all of the following findings of fact can be made:
A. 
The proposed land use activity is allowed within the subject zoning district with the approval of a land development permit and complies with all other applicable provisions of this Development Code and the Municipal Code;
B. 
The proposed land use activity would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan;
C. 
The subject site would be:
1. 
Physically suitable for the type and density/intensity of use and structure(s) being proposed including the provision of services (e.g., sanitation, utilities, and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.);
2. 
Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Development Code; and
3. 
Served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development.
D. 
The establishment, maintenance, or operation of the proposed land use activity at the location proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; and
E. 
The proposed permit would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-535.060)
The Review Authority shall provide written notice of the decision on the land development permit application to the applicant and interested parties within 10 days following the date of the decision.
(Prior code § 16-535.070)
In approving a land development permit, the Review Authority may impose specific development conditions relating to both on- and off-site improvements, as are reasonable and necessary to:
A. 
Compliance With Findings. Ensure the approval would be in compliance with the findings required by Section 16.136.060 (Findings and decision);
B. 
Compliance With Development Code. Ensure compliance with the standards and provisions of this Development Code; and
C. 
Compliance With Zoning District. Carry out the purpose and requirements of the respective zoning district and any applicable overlay zone.
(Prior code § 16-535.080)
A. 
Conformance. All work performed under a building permit for which drawings and plans have been approved under the procedures and requirements of this chapter shall conform to the approved drawings and plans.
B. 
Modification(s).
1. 
Any modifications to the drawings and plans approved under this chapter shall be approved by the Director, in advance of construction.
2. 
Major changes to the approved drawings and plans, as determined by the Director, shall require a new land development permit.
(Prior code § 16-535.090)
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; review of the project; and effective date of the project following approval of a land development permit shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures shall apply, as appropriate, after approval of a land development permit:
A. 
Appeals. Appeals in compliance with Chapter 16.100 (Appeals);
B. 
Changes to a Land Development Permit. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
C. 
Expiration/Extension. A land development permit shall expire, or a time extension may be granted, in compliance with Chapter 16.96 (Expirations and Extensions); and
D. 
Revocation/Modification. Revocation or modification in compliance with Chapter 16.108 (Revocation and Modification).
(Prior code § 16-535.100)