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A. Purpose. Sign permits provide a mechanism for administrative review and determinations to ensure that new or replacement signs are consistent with the general plan and provisions of the Zoning Code, including a previously approved sign program.
B. Applicability. A sign permit shall be required for all permanent signs, as defined by this title, as follows. Where a sign is proposed, no building permit may be issued until a sign permit has first been approved and issued.
1. Prior to the establishment or erection of a new sign or the replacement, alteration, or relocation of an existing permanent sign, as specified in Section 17.52.030 (Permit Requirements and Review Procedures).
2. Signs where use permit or variance approval have already been given to a particular business use and a new or existing owner of that business use wants to change a sign face but still be in conformance with the location, size, shape, and height of the original permit.
3. Signs proposed for locations where a sign program has been previously approved by an approving authority.
C. Approving Authority. The designated approving authority for a sign permit is the Community Development Director. The Community Development Director approves, conditionally approves, or denies sign permits in accordance with the requirements of this title.
D. Application Contents. The application for a sign permit shall be on a form prepared as prescribed by the Community Development Director and shall be accompanied by the information required by such form. The information shall include, but is not limited to, the following:
1. The name, address, contact information, and signature of the applicant, as well as the name, address, and contact information for the contractor or installer and property owner. If the applicant is someone other than the sign owner, then the sign owner's signature is also required on the application form.
2. Proof of consent of the property owner or other person(s) having the immediate right to possession and control of the property.
3. All required materials for issuance of a building permit.
4. Location, size, colors, shape, type of illumination, copy design, and manner of installation of the proposed sign and affected building elevation or the frontage of the premises. Information shall also disclose all existing signs on the premises, including exempt signs, giving the size and location of each.
5. Such other information on site or environmental conditions as the Community Development Director may reasonably request to determine that the proposed sign is in full compliance with the provisions of this title, the Municipal Code, and other applicable law. The message proposed to be displayed on the sign is not required but may be shown at the option of the applicant.
E. Procedures. The procedures for sign permit shall be as provided in Chapter 17.10 (General Application Processing Procedures) except as provided below:
1. Multiple sign applications. When an application proposes two (2) or more signs on the same property and/or as part of the same tenant, the applications may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial.
2. Public Hearing. The city shall provide notice and a public hearing for continuation of the approval, modification, revocation or appeal for an application for a sign permit, or an equivalent development permit, in accordance with Section 17.10.050.
3. Revocation or cancellation. The Community Development Director shall revoke any approval or permit upon refusal by the permit holder to comply with the provisions of the permit after written notice of noncompliance and at least thirty (30) days opportunity to correct. The opportunity to correct does not apply in the event that the sign, by nature of its physical condition, poses an imminent or significant threat to public safety.
4. Timing. An application for a sign permit for a permanent sign shall be submitted to the Community Development Director at the time the building permit application is submitted.
5. Appeals. Appeal of the approving authority's action on the request for a sign permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
F. Approval Findings. The approving authority may approve a sign permit when the sign permit application and the sign itself complies with the standards and requirements of this title. A sign permit application may be approved subject to conditions, so long as those conditions are not in conflict with this title or some other applicable law, rule, or regulation. Permits which do not clearly meet such requirements shall be referred to the Planning Commission.
G. Appeals. Appeal of the approving authority's action on the request for a sign permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
H. Expiration. All approved sign permits are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of a creative sign program is to provide a process for property owners and businesses to propose special deviations from the regulations for on-site permanent signs provided in this title under certain limited circumstances. The creative sign program also provides a process for the city to review special signage types prior to issuance of a sign permit. The intent of the creative sign program is to:
1. Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
2. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
B. Applicability. An applicant may request approval of a creative sign program in order to allow a sign that may require standards that differ from the signage provisions of this title, but comply with the purpose and findings for a creative sign program. Establishments that are eligible for creative sign programs include any commercial, office, or industrial use in the city.
C. Approving Authority. The Community Development Director shall be the designated approving authority for creative sign programs.
D. Application Contents. The application for creative sign program shall be made on a form as prescribed by the Community Development Director and shall be accompanied by the information identified on the form. The information shall include the following:
1. The name, address, contact information, and signature of the applicant, as well as the name, address, and contact information for the contractor or installer and property owner. If the applicant is someone other than the sign owner, then the sign owner's signature is also required on the application form.
2. Proof of consent of the property owner or other person(s) having the immediate right to possession and control of the property.
3. Preliminary information indicating how the sign will be constructed and/or mounted to a building or structure.
4. Location, size, structure, and other descriptive information required by the Community Development Director.
5. Such other on site or environmental conditions as the Community Development Director may reasonably request to determine that the proposed application is in full compliance with the provisions of this title, the city municipal code, and other applicable law. The message proposed to be displayed on the sign is not required but may be shown at the option of the applicant.
E. Procedures. The procedures for creative sign program shall be as provided in Chapter 17.10 (General Application Processing Procedures) except as provided below:
1. Multiple signs. One (1) creative sign program may be submitted for multiple signs, provided all signs are on the same property or contiguous parcels within the same zoning district and/or as part of the same tenant. In such instances, the application may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice or the action shall be provided to the applicant and shall specify the ground(s) for such denial.
2. Public hearing. No public hearing shall be required for a creative sign program, except as set forth below:
a. Notice of the filing of an application for a creative sign program shall be mailed to persons owning property within three hundred (300) feet of the project site and posted on the property where the sign or signs are proposed to be located. The mailed notice of application shall advise persons that plans for the project are available for public review at City Hall. The notice shall also indicate that the approving authority will take final action on the application unless a written request for hearing is received by the Community Development Director on or before the date specified in the notice, which shall be at least ten (10) working days from the date of mailing.
b. If no timely written request for hearing is filed, the application shall be decided by the designated approving authority.
c. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be decided at a public hearing of the Planning Commission.
d. Notwithstanding the foregoing, the approving authority may elevate any project to a Planning Commission decision if, in the opinion of the approving authority, such project is not in substantial conformance with the intent of the creative sign permit or if the approving authority determines that the location, size, or design of the project warrants a hearing before the Planning Commission.
3. Revocation or cancellation. The Community Development Director shall revoke any creative sign program upon refusal by the permit holder to comply with the provisions of the creative sign program after written notice of noncompliance and at least thirty (30) days opportunity to correct. In the event that the sign, by nature of its physical condition, poses an imminent or significant threat to public safety, the Community Development Director shall revoke the creative sign program and order immediate correction of the safety hazard.
4. Timing. An application for a creative sign program shall be submitted to the Community Development Director prior to submittal of an application for a sign permit.
F. Deviations. The following types of deviations from the signage standards of this title may be requested by the applicant for a creative sign program and may, upon written findings, be approved by the approving authority:
1. Increases in maximum allowed area for permanent signs on the subject site;
2. Allowances for types of lighting not otherwise permitted by this title;
3. Allowances for types of signs not specifically permitted by this title; and
4. Allowances for signs to exceed the maximum height requirement(s).
G. Criteria for Deviations. In approving an application for a creative sign permit and any deviations from the signage standards of this title, the designated approving authority shall ensure that the proposed sign meets the following criteria:
1. Design quality. The sign shall:
a. Have a positive visual impact on the surrounding area;
b. Be of unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
c. Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.
d. Complement and enhance architectural elements.
2. Contextual criteria. The sign shall contain at least one (1) of the following elements:
a. Creative image reflecting current or historic character of the city; or
b. Inventive representation of the logo, name, or use of the structure or business.
3. Architectural criteria. The sign shall:
a. Utilize or enhance the architectural elements of the building; and
b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.
4. Impacts on surrounding uses. The sign shall be located and designed so as not to cause light and glare impacts on surrounding uses, especially residential uses.
H. Approval Findings. A creative sign program shall be granted only when the designated approving authority makes all of the following findings:
1. The proposed creative sign permit is consistent with the objectives of the general plan;
2. The proposed signage is consistent with the purposes of the creative sign program; and
3. The proposed deviations from the signage standards of this section are consistent with the deviations allowed and the considerations and basis for deviations listed in this section.
I. Appeal. Appeal of the approving authority's action on the request for a creative sign program shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
J. Expiration. All approved creative sign programs are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The sign program provides a process for the city's review of and decisions related to requests for signs for multi-tenant projects. The intent of the sign program is to allow the integration of a project's signs with the design of the structures involved to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects, as well as to encourage design flexibility while meeting the intent of this title.
B. Applicability. A sign program shall be required whenever the site meets any of the following conditions:
1. For all sites that will have permanent signing requirements which exceed either five (5) signs or two hundred (200) square feet total aggregate sign area; or
2. The site to be considered is a multi-tenant shopping center, office park, or other multi-tenant or mixed-use development of three (3) or more separate tenants/uses that share either the same parcel or structure and use common access and parking facilities as specified in Section 17.52.040 (Permit Requirements and Review Procedures).
3. Optional. Application for a sign program shall be at the option of the applicant whenever such application is not mandatory and the site meets any of the following conditions:
a. The site to be considered shall consist of a lot or parcel, or a series of lots or parcels combined, which front on two (2) or more public streets.
b. The site to be considered shall consist of five (5) or more separate business activities.
c. The area to be included for consideration shall consist of a lot or parcel, or a series of lots or parcels combined, to total a minimum of two (2) acres.
C. Approving Authority. Review and approval of a sign program is the responsibility of the Planning Commission. The Community Development Director may make a recommendation on the program to the Commission, and the Commission may approve, approve with conditions, or deny the sign program. Additionally, the Planning Commission shall be the approving authority for modifications and amendments to a sign program, except as provided in this title.
D. Application Contents. The sign program shall include criteria for building-attached and freestanding signs for business activities within the site, and the integrated development itself to establish complementary signage, consistency of sign type, location, logo and/or letter height, lines of copy, illumination, and construction details of signs for the project. All signs within the development shall be consistent with the sign program adopted for the development. The message substitution policy of Chapter 17.54 (Signs on city property) shall be deemed incorporated in every sign program, even if the sign program documents do not explicitly so state. Maximum size, location, height, setback, and other development standards for signs in the sign program shall be consistent with the standards of this title.
E. Deviations Allowed. The following types of deviations from the signage standards of this title may be requested by the applicant in conjunction with a sign program and may, upon written findings, be approved by the approving authority:
1. Increases in maximum allowed area for permanent signs on the subject site;
2. Increases in maximum allowed number of signs on the subject site;
3. Allowances for signs to deviate from allowed locations as established by this title; and
4. Allowances for signs to exceed the maximum height requirement(s).
F. Considerations. In approving an application for a sign program, the designated Approving authority shall ensure that the proposed signs meet the following criteria:
1. All proposed signs are in harmony and visually related to other signs included in the sign program, by incorporating several common design elements such as materials, letter style, colors, illumination method, sign type, or sign shape and placement.
2. The proposed signs are in harmony and visually related to the buildings they identify by utilizing materials, colors, or design motifs included in the building being identified.
3. The proposed signs are in harmony and visually related to the surrounding development and would not adversely affect surrounding land uses or obscure adjacent conforming signs.
G. Addition, Replacement, or Modification of Signs within a Previously Approved Sign Program. Application for the addition, modification, or replacement of signs requiring permits within the boundaries of an area having a previously approved sign program shall be made in the following manner:
1. Whenever the number of signs to be added, modified, or replaced totals less than twenty-five percent (25%) of the number of permitted signs presently on the site, application shall be made under the provisions of a standard sign permit application.
2. When the number of signs to be added, modified, or replaced totals twenty- five percent (25%) or more of the number of permitted signs presently on the site, application shall be made under the provisions of a sign program.
H. Approval Findings. A sign program, or revisions thereto, shall be granted only when the designated approving authority makes all of the following findings:
1. The proposed sign program is consistent with the objectives of the general plan;
2. The proposed additions, replacements, or modifications to the sign program are consistent with the purposes of the previously approved sign program; and
3. The proposed deviations from the signage requirements of this title are consistent with the considerations and other provisions listed in this section.
I. Appeal. Appeal of the approving authority's action on the request for a sign program shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
J. Expiration. All approved sign programs are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of the minor deviation is to provide a mechanism for administrative review to allow some limited flexibility with regards to specific development standards through design solutions where specific findings can be made. Minor deviations do not apply to the use of property.
B. Applicability. Minor deviations may be granted by the approving authority for new construction and modifications to existing single-family residential structures as follows:
1. Maximum five percent (5%) of required building setback.
2. Maximum ten percent (10%) of required building height.
C. Approving Authority. The Community Development Director is the designated approving authority for minor deviations. The Community Development Director approves, conditionally approves, or denies the minor deviation in accordance with the requirements of this title.
D. Application Contents. The application for a minor deviation shall be on a form prepared as prescribed by the Community Development Director.
E. Approval Findings. The approving authority may approve an minor deviations when he or she finds as follows:
1. The deviation(s) improve the site, architectural, and/or overall project design;
2. The deviation(s) are materially consistent with the project and are compatible with surrounding uses and structures; and
3. The proposed structure complies with all applicable building and fire codes.
F. Public Hearing/Notice. The city shall provide notice and a public hearing for consideration of the approval or modification of an application for a minor deviation in accordance with Section 17.10.050 (Public Hearing and Public Notice).
G. Procedures.
1. Notice of the decision. The decision of the approving authority shall be provided to the applicant within ten (10) working days of the decision.
2. Notification to Planning Commission. After approving an application for a minor deviation, the approving authority shall advise the Planning Commission of his or her decision at their next regular meeting.
H. Appeals. Appeal of the Community Development Director action on the request for a minor deviation shall be made to the Planning Commission in accordance with the procedures specified in Section 17.10.070 (Appeals).
I. Expiration. All approved minor deviation are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose and Applicability. In accordance with California Government Code Section 65906, variances provide relief from the strict application of development standards and provisions of this title if specified findings can be made. A variance from the Zoning Code may not be granted to:
1. Allow a land use not otherwise permitted in the zoning district;
2. Increase the maximum allowed residential density except as allowed by state law;
3. Waive or reduce parking requirements by more than thirty percent (30%); or
4. Waive or modify a procedural requirement.
B. Approving Authority. The designated approving authority for a variance shall be the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title.
C. Application Contents. The application for a variance shall be on a form prepared as prescribed by the Community Development Director.
D. Public Hearing/Notice. Public hearing and notice are required for a variance pursuant to Section 17.10.050 (Public Hearing and Notice).
E. Approval Findings. The approving authority may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate that the circumstances of their particular case can justify making all of the following findings:
1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district.
2. Granting the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought.
3. Granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
4. The variance is consistent with the general plan, any applicable specific plan or development agreement, and the intent of this title.
F. Conditions of Approval. In approving a variance, the approving authority:
1. Shall impose conditions to ensure that the variance does not grant special privileges inconsistent with the limitation on other properties in the vicinity and the zoning district in which the property is located;
2. May impose any reasonable conditions (e.g., the placement, height of structures, buffers, landscaping and maintenance, off-site improvements, performance
guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this section.
G. Permit Issuance. The final action on the variance by the approving authority shall constitute approval of the variance. The variance shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).
H. Appeals. Appeal of the approving authority's action on the request for variance shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
I. Expiration. All approved variance are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of the conditional use permit is for the individual review of uses, typically having unique or unusual site development features or operating characteristics. Conditional use permits are intended to ensure compatibility with surrounding areas and uses where such uses are deemed essential or desirable to the various elements or objectives of the general plan.
B. Applicability. A conditional use permit is required for all uses specifically identified as requiring a conditional use permit in Article II. Zoning districts, allowable land uses, and development standards, and Article IV. Standards for Specific Land Uses, of this title. A conditional use permit is also required for the expansion or modification of existing nonconforming structures of uses. Applicable provisions for nonconforming uses and structures are in Chapter 17.14 (Nonconforming Uses and Structures) of this title.
C. Approving Authority. The designated approving authority for a conditional use permit is the Planning Commission. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, or denies the conditional use permit in accordance with the requirements of this title.
D. Application Contents. The application for a conditional use permit shall be on a form prepared as prescribed by the Community Development Director.
E. Public Hearing. The city shall provide notice and a public hearing for consideration of the approval, modification, revocation or appeal of an application for a conditional use permit in accordance with Section 17.10.050 (Public Hearing and Public Notice).
F. Approval Findings.
1. General. Conditional use permits shall be granted only when the Planning Commission determines that the proposed use or activity complies with all of the following findings:
a. The proposed use is consistent with the general plan, any applicable specific plans, and all applicable provisions of this title.
b. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
c. The site of the proposed use is physically suitable for the type, density and intensity of the use and related structures being proposed.
d. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity.
2. Non-Conforming Uses. A conditional use permit shall be granted only when the designated approving authority determines that the proposed use or activity complies with all of the following findings:
a. The proposed use is consistent with the general plan, any applicable specific plans, and all applicable provisions of this title.
b. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
c. The site of the proposed use is physically suitable for the type, density and intensity of the use and related structures being proposed.
d. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity.
3. The modified or expanded nonconforming structure or uses is not incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
G. Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
H. Permit Issuance. The final action on the conditional use permit by the approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).
I. Appeals. Appeal of the approving authority's action on the request for conditional use permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
J. Expiration. All approved conditional use permits are subject to the provisions set forth in Section 17.10.100 (Permit Time Limits, Extensions, and Expiration). (Ord. 2010-02 § 1 (part), 2010)
A. Purpose. The purpose of comprehensive design review is to provide a process for promoting the orderly and harmonious growth of the city, to encourage development in keeping with the desired character of the city, and to ensure physical and functional compatibility between uses. This comprehensive design review is intended to provide a process for consideration of development proposals to ensure that the design and layout of commercial, retail, industrial or institutional uses, or multi-family residential development will constitute suitable development and will not result in a detriment to the City of Pinole or to the environment.
B. Applicability. A comprehensive design review permit is required for the following items:
1. New single-family and multi-family residential development;
2. New non-residential development (e.g., commercial, office, industrial, public/quasi-public);
3. Additions to existing multi-family and non-residential structures equal to or greater than 500 square feet; and
4. Any item not listed in Section 17.12.150.C, for which the Community Development Director determines that a comprehensive design review permit is required.
C. Exemptions. The following structures and activities are exempt from comprehensive design review. However, such structures may require additional permits, such as a building permit, and plan check to ensure compliance with adopted Building Code and related construction code standards and applicable Zoning Code provisions and public works encroachment permits.
1. Accessory dwelling units, regardless of size.
2. Additions to a single-family home of less than 500 square feet when consistent with the City of Pinole Residential Design Criteria and Guidelines.
3. Additions to multi-family and non-residential structures less than five hundred (500) square feet in size.
4. Accessory structures consistent with the provisions of this title.
5. Installation of signs.
6. Repairs and maintenance to the site or existing structures that do not add to, enlarge, or expand the area occupied by the structure or the gross floor area of the structure.
7. Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure (e.g., tenant improvements).
8. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).
9. Alteration or maintenance of public park and recreation facilities.
D. Approving Authority. The designated approving authority for comprehensive design review is the Planning Commission. Comprehensive design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance). Comprehensive actions include, but are not limited to, new construction and wholesale redevelopment of existing sites.
E. Application Content. The application for a comprehensive design review shall be on a form prepared as prescribed by the Community Development Director.
F. Public Hearing/Notice. The city shall provide notice and a public hearing for continuation of the approval, modification, revocation or appeal of an application for a comprehensive design review in accordance with Section 17.10.050 (Public Hearing and Public Notice).
G. Approval Findings. A comprehensive design review permit or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:
1. The proposed project is consistent with the objectives of the general plan and complies with applicable zoning regulations, planned development, master plan or specific plan provisions, improvement standards, and other applicable standards and regulations adopted by the city;
2. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;
3. The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, are compatible with and complement the existing surrounding environment and ultimate character of the area under the general plan and applicable specific plans; and
4. Qualifying single-family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines for residential development.
H. Considerations. In conducting comprehensive design review, the designated approving authority shall consider the following:
1. Considerations relating to site layout, the orientation and location of building, signs, other structures, open spaces, landscaping, and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties.
2. Considerations relating to traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development.
3. Considerations necessary to ensure that the proposed development is consistent with the general plan and all applicable specific plans or other city plans, including, but not limited to, the density of residential units.
4. Considerations relating to the availability of city services, including, but not limited to, water, sewer, drainage, police and fire, and whether such services are adequate based upon city standards.
I. Conditions/Guarantees. The approving authority may impose conditions and/or require guarantees for comprehensive design review to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
J. Permit Issuance. The final action on comprehensive design review by the approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated appeal period has been completed, per the provisions as set forth in Section 17.10.080 (Effective Date).
K. Appeals. Appeal of the approving authority's action on the request for a comprehensive design review permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
L. Expiration. All approved comprehensive design review permits are subject to the provisions set forth in Section 17.10.100 (Permit Time Limits, Extensions and Expiration).
(Ord. 2020-01, § 3, 2020: Ord. 2012-07, § 3, 2012: Ord. 2010-02 § 1 (part), 2010)
A. Purpose. This section establishes procedures and requirements for the review and approval of development agreements when applied for as part of a land use entitlement in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The City Council finds and declares the use of development agreements is beneficial to the public, in that:
1. Development agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
3. Development agreements enable the city to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
B. Qualified Applicant. Only a qualified applicant, a person who has legal or equitable interest in the real property which is the subject of the development agreement (or his or her authorized agent), may submit an application for a development agreement.
C. Approving Authority. The designated approving authority for development agreements is the City Council which shall hold a public hearing prior to taking action. The Planning Commission shall hold a public hearing on the proposed development agreement and make a recommendation to the City Council.
D. Flexibility of Development Regulations.
1. To the extent permitted by law, any development agreement if adopted by the city may modify development rules, regulations, and policies governing permitted uses of land and density, and governing design, improvements, construction standards and specifications, and phasing applicable to development of the property involved in the agreement.
2. Nothing contained in these regulations shall prevent the developer or the city from proceeding with normal tentative map or final map processes on any phase of a development which is the subject of a development agreement at any time during its term.
E. Application Contents. The contents of a development agreement shall be as set forth in Government Code Sections 65865.2, 65867.5(c) if applicable, and 65868.5.
F. Public Hearing/Notice. The city shall provide notice and a public hearing for consideration of the approval or modification of an application for a development agreement in accordance with Section 17.10.050 (Public Hearing and Public Notice).
G. Approval Findings. A development agreement may only be granted when the City Council makes all of the following findings specifying that the development agreement:
1. Is consistent with the objectives, policies, and general land uses specified in the general plan and any applicable specific plans;
2. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice;
3. Will not be detrimental to health, safety, and general welfare of the city;
4. Will not adversely affect the orderly development of property or the preservation of property values.
H. Amendment and Cancellation of Agreement. Any party to the agreement may propose an amendment to or cancellation in whole or part of the development agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Notice of intention to amend or cancel any portion of the development agreement shall be given as provided in Section 17.10.050 (Public Hearing and Public Notice).
I. Recordation. Within ten (10) days after the city enters into the development agreement or any amendment thereof, the City Clerk shall cause the agreement or amendment to be recorded with the County Recorder. Additionally, the City Clerk shall be the official custodian of the development agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the development agreement.
J. Periodic Review. The Community Development Director shall review the development agreement every twelve (12) months from the date the development agreement is entered into and provide a written report to the City Council. The burden of proof is on the applicant to provide necessary information verifying good faith compliance with the terms of the development agreement. The applicant shall also bear the cost of such review in accordance with the fee established by City Council resolution. If the Community Development Director finds that any aspect of the development project is not in good faith compliance with the terms of the development agreement, the Community Development Director may schedule the matter before the appropriate approving authority(ies) for review for possible amendment or revocation. (Ord. 2010-02 § 1 (part), 2010)
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