The purpose of a development review is to permit the city's
development review committee (DRC) to meet and discuss, evaluate,
and review all discretionary development applications (i.e., general
plan amendment/rezoning, tentative subdivision maps, tentative parcel
maps, conditional use permits, variances, etc.).
In addition, the DRC will review the designs of structures and
other site improvement projects for multi-family dwelling units, commercial
or industrial uses, and any new construction, or a remodel project
of 25% or greater, of a single-family dwelling unit within the historic
area or downtown historical (DH-O) overlay district, in order to ensure
compliance with the Oroville Municipal Code and compatibility and
harmony of appearance in the city's neighborhoods and zoning districts.
(Ord. 1749 § 4; Ord. 1787 § 1)
A.
Development Subject to Review.
1.
Development
review shall be required for all new construction that requires a
building permit, except:
a.
A project that includes a single-family dwelling unit including private
garages and other normally incidental accessory buildings and improvements.
b.
Alteration, remodeling, reconstruction, modification or repair of
any building that does not increase its gross floor area by more than
25% within any 2-year period.
c.
The demolition of a building that the building official or fire marshal
determines is dangerous to the health and safety of the building occupants,
neighbors or general public, and consequently should be demolished
immediately. The building official or fire marshal shall set forth
in writing the reasons for his or her determination.
d.
General maintenance and the removal and replacement of over-the-counter
appliances (i.e., water heaters, HVAC units, swamp coolers, solar
panels, etc.). This does not relieve the applicant from any requirement
to obtain any required building permit.
e.
Simple building permits (i.e., electrical, mechanical, plumbing,
and re-roof) where no new construction (or remodel expansion of 25%
or greater) is part of the project.
2.
Notwithstanding
any other provision of this section, development review shall be required
for any new construction in a downtown historic overlay (DH-O) district
that requires a building permit to alter a structure's exterior appearance.
3.
An
exemption is provided for in-kind replacement of a dangerous building
provided the project meets any of the following requirements:
a.
Upon request from the applicant, the requirements of this section
shall apply to any building that the building official or fire marshal
determines is dangerous to the health and safety of the building occupants.
The applicant must provide an application and evidence that a structure
on their property be demolished and replaced with an in-kind structure.
The building official or fire marshal shall inspect the structure
and set forth in writing the reasons for his or her determination
that immediate demolition is warranted;
b.
The applicant replaces the structure on the same footprint with materials
and features that preserve the integrity of the historical characteristic
of the existing structure on the property; and
c.
The proposed structure does not exceed 1,000 square feet.
4.
Development
review shall be required for certain site improvements, including
but not limited to parking and landscaping improvements, as specified
in this chapter.
5.
Development review shall be required for certain types of accessory buildings as specified in Section 17.12.090.
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For any project that requires development review, building permits
shall not be issued until the project's development review application
has been approved. Building plans submitted to the building division
for review while simultaneously undergoing the development review
process with the planning division are subject to change. The applicant
acknowledges that the plans submitted to the building division are
subject to changes recommended by the development review committee,
planning commission and the zoning administrator.
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B.
Planned Development Design. A pre-application meeting shall
be required for all planned development applications. For any residential
planned development project, the design of attached or detached single-family
dwelling units or other accessory structures may be evaluated on the
basis of representative examples, provided that the design of all
such structures conform substantially to the examples. All attached
or detached single-family dwellings, or other accessory buildings
reviewed by the development review committee shall be compatible with
the proposed planned development standards approved for the project.
The proposed planned development shall be compatible with the character
of the surrounding neighborhood or any applicable overlay district
and shall not unnecessarily impact the privacy, views or desirability
of adjoining properties.
C.
Individual Development Project Design. The DRC shall review
any development project application for multifamily dwelling units,
commercial or industrial uses, any new construction, or a remodel
project of 25% or greater, of a single-family dwelling unit within
the HPA or DH-O, and any associated accessory structure(s). For remodeling
projects and/or accessory structure(s), the applicant shall meet the
materials and architecture style of the existing dwellings on the
property. The proposed structure(s) shall be compatible with the character
of the surrounding neighborhood or any applicable overlay district
and shall not unnecessarily impact the privacy, views or desirability
of adjoining properties.
D.
Notice Requirements. The development review of all discretionary
development applications shall hold a minimum of one public hearing
on an application, notice of which shall be mailed or delivered to
the owners of all property within 300 feet of the exterior boundary
of the property that is subject to the hearing.
(Ord. 1749 § 4; Ord. 1770 §§ 3, 4; Ord. 1774 §§ 1, 2; Ord. 1787 § 1)
A.
Materials Required. Application for development review shall
be made in a form prescribed by the zoning administrator and shall
be accompanied by a fee established by resolution of the city council.
At a minimum, the application shall include the following as applicable:
1.
Site
plans;
2.
Architectural
drawings showing proposed building elevations;
3.
Landscape
plans showing the types, sizes and location of vegetation to be planted
and the irrigation system to be installed;
4.
Plans
for the configuration and layout of all off-street parking spaces;
5.
Plans
for all lighting to be installed on the site, including the location,
type, height and brightness of each lighting fixture;
6.
Drawings
of all signs that are proposed in association with the project;
7.
Any
appropriate studies required for the project (i.e., traffic, noise,
sewer capacity, historical review, etc.); and
8.
Project
description, an explanation of what is being proposed, including a
description of the intended use for commercial and industrial projects,
hours of operations, number of employees, and a description of daily
operations, services offered, products manufactured and sold.
B.
Plans and Drawings. All plans and drawings shall be drawn
to scale to the extent feasible and shall indicate the full dimensions,
contours and other topographic features and information necessary
to make a full evaluation of the project.
(Ord. 1749 § 4; Ord. 1787 § 1)
A.
Review Authority. The DRC shall review all discretionary development
applications and the designs of structures and other site improvement
projects for multi-family dwelling units, commercial or industrial
uses, and any new construction, or a remodel project of 25% or greater,
of a single-family dwelling unit within the HPA or DH-O shall be determined
as follows:
1.
If
the proposed project requires discretionary approval or permit that
is subject to review by the planning commission, the planning commission
shall hold a minimum of at least one public hearing on the development
application.
2.
If
the proposed project includes improvements that cover less than 1,000
square feet of a site, and does not involve the construction, remodeling
or other alteration of a building, the zoning administrator shall
hold a zoning administrator hearing on the development application.
B.
Guidance from Third Parties. The review authority may obtain
guidance from third parties, including architects, urban planners
and city commissions or staff, as to whether the application conforms
to the requirements of this title. These third parties shall be qualified
by reason of their relevant training or experience. Any guidance they
provide shall be submitted in writing and included in the report on
the application.
C.
Standards for Review. All applications shall be reviewed in
light of the requirements of the general plan and any applicable specific
plan, as well as the requirements of this Code and any design guidelines
adopted by the city council.
The DRC will meet at least once per month at a set time, or
as necessary. Generally, the DRC will meet on the fourth Wednesday
of each month starting at 9:00 a.m. and conclude once all the items
on the agenda have been addressed.
D.
Review Process. Development project applicant may participate
in up to at least 3 DRC meetings. The number of DRC meeting will depend
upon the size and scope of the project. The DRC review process:
1.
The
initial meeting is to review development project or site improvement
application for completeness and for any additional DRC meetings;
2.
The
second meeting would be to review the draft conditions of approval
for the project prior to a public hearing before the planning commission;
3.
For
large complicated projects, a "pre-construction" meeting with the
applicant and/or contractor after project approval;
4.
An
additional meeting may be required to discuss any serious issues and
to request additional information between the initial meeting and
second meetings, only if necessary; and
5.
All
pre-application meetings will be conducted by the DRC.
(Ord. 1749 § 4; Ord. 1787 § 1)
A.
Notice of Decision. Upon submission of an application for
development review, the DRC shall review the application and render
a written report recommending approval, approval with conditions,
or denial. A copy of the report shall be sent to the applicant.
B.
Appeals. The recommendation of the review authority shall be final, unless that action is appealed as provided in Section 17.56.100.
C.
Expiration. The approval of the application shall expire 2
years after the written report is rendered, unless within that time
the applicant obtains all necessary building permits and pays all
required fees associated with the permits. The review authority may
extend the initial approval for an additional one-year period upon
receipt, prior to expiration of approval, of a written application
for extension, signed by the applicant and accompanied by a fee established
by resolution of the city council.
(Ord. 1749 § 4; Ord. 1762 § 14; Ord. 1787 § 1)
A.
Applicability. The following streamlined review process shall
apply to development review of any industrial use project within the
state-approved Oroville Enterprise Zone.
B.
Review Process. The zoning administrator shall review the
plans for the proposed industrial use project with the appropriate
city departments, affected outside agencies and the project applicant
to discuss any changes or conditions deemed necessary for approval.
Following this review process, the zoning administrator shall hold
a zoning administrator hearing on the development application.
C.
Approval of Application. If the project applicant agrees to
the proposed changes or conditions, the project shall be deemed approved
subject to the incorporation of the proposed changes or conditions.
For projects where certification of an environmental review document
is required, this approval shall not be final until the certification
has occurred.
(Ord. 1749 § 4; Ord. 1762 § 15; Ord. 1787 § 1)
