The purpose of this chapter is to:
A. Provide
rules, regulations and standards for efficient and effective administration
of site development review;
B. Carry
out the development pattern and plan of the City and its Comprehensive
Plan policies;
C. Promote
the public health, safety and general welfare;
D. Lessen
or avoid congestion in the streets, and secure safety from fire, flood,
pollution and other dangers;
E. Provide
adequate light and air, prevent overcrowding of land, and facilitate
adequate provision for transportation, water supply, sewage and drainage;
F. Encourage
the conservation of energy resources; and
G. Encourage
efficient use of land resources, full utilization of urban services,
mixed uses, transportation options, and detailed, human-scaled design.
Development shall not commence until the applicant has received all of the appropriate land use and development approvals (i.e., site design review approval) and building permits. Construction of public improvements shall not commence until the City has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The City may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with Section
16.212.050. Site design review approvals shall be subject to all of the following standards and limitations:
A. Modifications to Approved Plans and Developments. Minor modifications of an approved plan or existing development, as defined in Chapter
16.228, shall be processed as a Type I procedure. Major modifications, as defined in Chapter
16.228, shall be processed as a Type II or Type III procedure and shall require site design review. For information on Type I, Type II and Type III procedures, please refer to Chapter
16.208. For modifications approval criteria, please refer to Chapter
16.228.
B. Approval
Period. Site design review approvals shall be effective for a period
of one year from the date of approval, unless otherwise specified
in the City's site plan approval decision. The approval shall lapse
if:
1. A grading permit or building permit has not been issued within the
applicable approval period, as defined above; or
2. Construction on the site is in violation of the approved plan.
C. Extension.
The Community Development Director shall, upon written request by
the applicant, grant an extension of the approval period, provided
that:
1. No changes are made on the original approved site design review plan;
2. The applicant can show intent of initiating construction on the site
within the extension period;
3. There have been no material changes to the applicable Code provisions
on which the approval was based. If there have been material changes
to the applicable Code provisions and the expired plan does not comply
with those changes, then the extension shall not be granted; in this
case, a new site design review shall be required; and
4. The applicant demonstrates that failure to obtain grading permits
and/or building permits and substantially begin construction within
the applicable approval period was beyond the applicant's control.
The Community Development Director may grant subsequent extensions
after the initial extension upon written request of the applicant
provided that the application continues to meet the criteria in paragraphs
(C)(1) through (4) of this section.
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D. Phased
Development. Phasing of development may be approved with the site
design review application, subject to the following standards and
procedures:
1. A phasing plan shall be submitted with the site design review application.
2. The Planning Commission shall approve a time schedule for developing
a site in phases, but in no case shall the total time period for all
phases be greater than two years without reapplying for site design
review.
3. Approval of a phased site design review proposal requires satisfaction
of all of the following criteria:
a. The public facilities required to serve each phase are constructed
in conjunction with or prior to each phase;
b. The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Commission approval. Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required public improvements, in accordance with Chapter
16.212. A temporary public facility is any facility not constructed to the applicable City or district standard, subject to review by the City Engineer;
c. The phased development shall not result in requiring the City or
other property owners to construct public facilities that were required
as part of the approved development proposal; and
d. An application for phasing may be approved after site design review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Chapter
16.228).