(A) The development plan review process provides for the review of new construction and additions or other physical modifications to sites and buildings.
(1) Two types of development review are established:
(a) Minor development plan review, a staff-level review and approval of new, non-exempt development.
(b) Major development plan review, review of new, non-exempt development by the Planning Commission.
(2) A third type of project review to determine compliance with development standards, zoning clearance, is described in § 25.02.011.
(B) Approving authority.
(1) Zoning clearance does not involve approval of a project and is described elsewhere in this chapter (§ 25.02.011).
(2) Minor development plan reviews. The Planning Director shall act as the Review Authority for minor development plan reviews.
(a) The Planning Director may, at his or her discretion, forward any application for a minor development plan review to the Planning Commission.
(b) The Planning Director must refer an application for a minor development plan review to the Planning Commission if the applicant or applicant’s representative, or any member of the public, requests a public hearing in writing. Such forwarded applications shall be processed as a major development plan review.
(3) Major development plan reviews. The Planning Commission shall act as the Review Authority for major development plan reviews.
(C) Review of exempt projects.
(1) The Director may, at his or her discretion, require that a project which is defined as exempt from development plan review be processed as a minor or major development plan review, as deemed appropriate by the Director.
(2) The Director’s decision to process an otherwise exempt project may be appealed as provided in this title.
(D) Thresholds for types of development plan review. New construction and additions or physical modifications to buildings shall be categorized as exempt or subject to minor or major development plan review as shown below.
Development Plan Review Thresholds
Exempt (Requires Zoning Clearance) | Minor Development Plan Review | Major Development Plan Review | |
Single-family residential structures in all zoning districts1 | Additions or exterior modifications to existing single-family residences and accessory structures New construction of a custom single-family home and accessory structures | Master home plans for subdivisions of up to 10 dwelling units Master landscaping, lighting, and fencing plans for single-family residential subdivisions | Master home plans for residential subdivisions greater than 10 dwelling units |
Multi-family residential structures in all zoning districts1 | Additions or modifications to multi-family residential structures which do not result in an increase in the number of residential units | New multi-family development with 4 or less dwelling units | New multi-family development with 5 or more dwelling units |
Non-residential (commercial, office, institutional) structures1 | New buildings, additions or modifications to structures that add less than 2,500 square feet to an existing building | Additions or modifications to structures that add 2,501 to 5,000 square feet to an existing building New structures of 3,000 square feet or less | Additions or modifications to structures that add 5,001 square feet or more to an existing building New structures greater than 5,000 square feet |
Agricultural / industrial structures2 | Barns, garages, workshops, and other similar structures up to 25,000 square feet Additions to existing structures are exempt | Barns, garages, workshops, and other similar structures 25,001 square feet to 50,000 square feet Additions to existing structures are exempt | Barns, garages, workshops, and other similar structures greater than 50,000 square feet Additions to existing structures are exempt |
Other1 | Interior alterations that do not change the permitted use of the structure Signs, including freestanding signs and signs attached to a building Fences and walls: • Retaining walls less than 36 inches in height. • Fences located on residential or agricultural property constructed in compliance with the standards of this section • Fences and walls required by a state or federal agency, or by the County for public safety. Other development of similar scale or impact, as determined by the Director, that is not explicitly subject to minor or major development plan review per this section | Other development of similar scale and impact, as determined by the Director, that is not explicitly subject to major development plan review per this section | Hillside development, per Chapter 25.07 of this code Other development of similar scale and impact, as determined by the Director, that is not explicitly subject listed in this division |
2. Accessory structures in agricultural zones are regulated in § 25.07.008 | |||
(E) Application. Applications for development plan review shall be filed with the Planning Division on prescribed application forms and all application fees paid.
(F) Notice of application filing. Notices of the application filing shall be distributed as follows:
(1) Notices for major development plan reviews shall meet the criteria for public notice and hearing before the Planning Commission. Notices shall include the following:
(a) A statement that staff is considering the application (but not necessarily staff’s recommendation); and
(b) A statement that a public hearing will be held; and
(c) A specific deadline (of not less than seven calendar days from the date of the mailing) to respond in writing to provide comments.
(2) Notices for minor development plan reviews shall be provided as follows:
(a) A notice describing the proposed project shall be mailed to property owners and occupants on properties adjacent to the subject site; and
(b) The notice shall indicate that staff is considering the application (but not necessarily staff’s recommendation); and
(c) The notice shall indicate that, unless requested, a public hearing will not be held; and
(d) The notice shall include a deadline of not less than seven calendar days from the date of the mailing to respond in writing to provide comments or request a public hearing.
(G) Public hearings.
(1) Minor development plan review. Applications for minor development plan review shall be reviewed by staff and do not require a public hearing unless a hearing is requested.
(2) Minor development plan review with hearing requested. All applications for minor development review for which a public hearing is requested require a public hearing at the Planning Commission, which shall be advertised and conducted as provided in this title.
(3) Major development plan review. Applications for major development plan review require a public hearing at the Planning Commission, which shall be advertised and conducted as provided in this title.
(H) Required findings. All of the following findings must be made in order to approve a minor or major development plan review. Evidence in support of these findings shall be documented for all minor and major development plan review approvals. Other chapters may contain additional specific findings or criteria that apply to the approval of development plan reviews in specific circumstances.
(1) The proposed development is compliant with applicable general plan policies, zoning regulations, specific plan provisions, and any other applicable regulations.
(2) The proposed development respects terrain, drainage, onsite and offsite infrastructure, etc.; is compatible with adjacent development and uses; and will not create conflict with vehicular, bicycle, or pedestrian circulation.
(3) That the site has adequate sewer disposal (e.g., sewer or septic), water, power, and other required utilities, or will provide these as part of the development of the site.
(4) The proposed project will not be detrimental to the public health, safety and general welfare, nor result in adverse effects on neighboring residents, businesses, or property.
(I) Conditions of approval. In approving a development plan review, the Reviewing Authority may impose reasonable conditions to ensure that the development will allow all of the findings for approval to be made. Conditions of approval shall not affect the operation of any use in the structure.
(J) Modifications.
(1) Minor changes to approved major or minor development plan reviews which result in minor design revisions or minor modifications or substitutions to conditions of approval which are substantially the same as the approved conditions may be made by the Director through the zoning clearance process.
(2) Changes to an approved major or minor development plan review which are in the Director’s opinion not minor may be approved by the Director (for any development plan review originally approved by the Director) or following a public hearing at the Planning Commission (for major development plan reviews originally approved by the Planning Commission).
(K) Notice of decision. An official notice of approval or denial of a development plan review shall be provided to the applicant. The notice shall include:
(1) The Reviewing Authority’s decision and the date of the decision;
(2) Any conditions of approval; and
(3) A deadline to file an appeal of the decision, which shall be per the appeals procedures in Chapter 25.01 of this code.
(L) Appeals. Any person can appeal the Director’s or Planning Commission’s decision per the procedures established in Chapter 25.01 of this code.
(M) Effective date.
(1) The Director’s and Planning Commission’s approval shall be final when the deadline for an appeal by the public or applicant has expired without the filing of an appeal.
(2) Applications which have been appealed shall be deemed not approved until the subsequent Review Authority takes action to approve or deny, and that appeal period, if applicable, has expired without the filing of an appeal.
(N) Expiration. Approvals for minor or major development plan reviews shall not automatically expire and shall remain in effect until revoked or replaced by a subsequent approval, unless a condition of approval which must be completed by a specific date is not complied with, in which case the approval may be returned to the approving authority for revocation.
(O) Overlapping or multiple approvals not permitted. Only one minor or major development plan review approval may be approved for a parcel or development site. Approval of a new development plan review shall be considered to revoke any previously approved approval.
(Ord. 1043 § 3 (part), 2022)