Chapter 17.52
DEVELOPMENT REVIEW PROCEDURE Amended Ord. 869

Sections:

17.52.010    Purpose.

17.52.020    Applicability.

17.52.030    Plans and drawings submission.

17.52.040    Review and evaluation.

17.52.050    Action by Director. Amended Ord. 869

17.52.060    Action by City Council.

17.52.090    Conditions.

17.52.100    Revocation or modification of development review approval for cause.

17.52.110    Automatic revocation of development review approval.

17.52.120    Expiration and extension.

17.52.010 Purpose.

A. The provisions of this chapter shall be known as the development review procedure.

B. The City finds that a development review process supports the implementation of the City general plan. The City further finds that the quality of residential, commercial, industrial and public/quasipublic uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This chapter is not intended to restrict imagination, innovation or variety, but rather to focus on design principles which can result in creative imaginative solutions for the project and quality design for the City. It is, therefore, the purpose of this chapter to:

1. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit;

2. Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as but not limited to signs, landscaping, parking areas and streets;

3. Maintain the public health, safety and general welfare, and property throughout the City;

4. Assist private and public developments to be more cognizant of public concerns for the aesthetics of developments;

5. Reasonably ensure that new developments, including residential, commercial, industrial, and public/quasipublic developments, do not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general;

6. Ensure that the proposed development complies with all of the provisions of the zoning ordinance and the general plan. (Ord. 113 §§ 1 (Exh. A 10.3.1), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)

17.52.020 Applicability.

In order to safeguard and enhance the appearance and quality of development of the City, development review approval shall be required prior to the issuance of any building permit for single-family subdivision developments; single-family homes (custom); multiple-family developments; mobile home parks; commercial or industrial establishments, and public/quasipublic uses, including additions, alterations and redevelopment thereof. (Ord. 113 §§ 1 (Exh. A 10.3.2), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)

17.52.030 Plans and drawings submission.

In addition to meeting all of the other requirements of the zoning ordinance, any applicant for a building permit for the establishment of single-family subdivision developments; single-family homes (custom); multiple-family developments; the establishment of commercial; industrial, public/quasipublic uses; including additions, alterations and redevelopment thereof shall submit the following plans and drawings to the Director of Development Services for review:

A. A site plan, drawn to scale, showing the proposed location of structures and other improvements including, where appropriate, driveways, pedestrian walks, off-street parking areas, landscaped areas, fences, and walls; the site plan shall indicate the locations of off-street parking areas including entrances and exits and the direction of traffic flow into and out of off-street parking areas;

B. A conceptual landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed or retained on the site, the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein, and other landscape features as may be necessary to illustrate the landscape concept;

C. Architectural drawings drawn to scale, including floor plans in sufficient detail to permit computation of yard requirements and all elevations of the proposed structures as they will appear upon completion; all exterior surfacing materials and colors shall be specified;

D. Accurate scale drawings of all signs indicating their size, material, color, and illumination, if any;

E. Conceptual grading and drainage plans;

F. Such other data as may be required by the Director of Development Services to ensure that the purposes of this section are satisfied. (Ord. 518, 1999; Ord. 113 §§ 1 (Exh. A 10.3.3), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)

17.52.040 Review and evaluation.

The Director shall review and evaluate the development plans that are submitted in accordance with the following guidelines:

A. Scope. The Director shall review and evaluate development plans for conformance with the development review standards and criteria set forth in the pertinent sections of the zoning ordinance.

B. Modifications Required for Approval of the Development Plan. The Director may specify modifications, changes, and additions to the development plan in his recommendation or requirements for its approval. Such recommendations may be suggested by the Director to eliminate or mitigate significant adverse environmental effects disclosed by any environmental impact report or modifications, changes and additions that are necessary to meet the purpose of this chapter.

C. Improvements Required for Approval of the Development Plan. The Director shall ensure that all development plans provide for on-site and off-site improvements which may be required to implement the purposes of this chapter, the zoning ordinance, the general plan and all policies of the City Council.

D. Affordable Housing Set-Aside. Residential apartment development review, the application for which was not complete until after the effective date hereof, shall provide that 15 percent of the units created shall be set aside for low-income housing by recorded deed restriction providing such set-aside. Such a development review project which does not so provide shall be denied as inconsistent with the housing element of the general plan. (Ord. 674 § 54, 2008; Ord. 370 § 2, 1992; Ord. 350 § 2, 1992; Ord. 349 § 2, 1991; Ord. 113 §§ 1 (Exh. A 10.3.4), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)

17.52.050 Action by Director. Amended Ord. 869

A. The Director shall have the authority to approve, deny or modify applications for minor development review projects as designated below:

1. Single-family homes not within a tract subdivision, i.e., custom homes.

2. Construction of an addition to a single-family home, a detached accessory building and/or reconstruction of a single-family home which results in more than an additional 750 square feet of habitable space. This section shall also apply to multiple additions if, in any 12-month period, a building permit is issued for more than one addition to a single-family home or detached accessory building and the total square footage of the approved additions results in more than an additional 750 square feet of habitable space. If the construction of an addition that is less than 750 square feet of habitable space has received final approval from the City at least one year prior to the submittal of a request for a new addition of habitable space, the square footage of the prior addition shall not count toward the 750-square-foot threshold.

3. On lots less than two net acres in size, the construction of a detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet gross floor area, as allowed pursuant to PMC 17.08.180(C)(1).

4. Remodeling, alterations or additions of commercial and industrial buildings that total less than 10,000 square feet of gross floor area or 25 percent of the gross floor area of an existing building on the site, whichever is more restrictive.

5. Construction or alteration of utility facilities in, on, over, upon, across, and along the public streets and public rights-of-way within the City of Poway shall require approval of a minor development review permit from the Director of Development Services if the facilities include a surface-mounted cabinet with a dimension (width, height, or length) greater than 36 inches, or where more than one cabinet of any size is located closer than 100 feet to another cabinet of any size. Exempt from this requirement are facilities placed underground. The applicant shall comply with the “Guidelines for the Placement of Utility Facilities in the Public Rights-of-Way.”

B. For all other development review approvals, the Director shall recommend approval, approval with conditions or disapproval of said application in a report to the City Council. (Ord. 773 § 18, 2015; Ord. 679 § 6, 2008; Ord. 660 § 3, 2007; Ord. 307 § 2, 1989; Ord. 113 §§ 1 (Exh. A 10.3.5), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)

17.52.060 Action by City Council.

Within 60 days of the date that application is deemed complete by the Director, the City Council shall approve, conditionally approve, or disapprove the application, or shall request the applicant to revise said applications. Failure of the Council to act within 60 days shall be deemed approval of the application unless the applicant shall consent to an extension of time. (Ord. 113 §§ 1 (Exh. A 10.3.6), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)

17.52.090 Conditions.

Development reviews may be approved or modified subject to the performance of such conditions, including the provision of required improvements as the Council, or the Director in the case of a minor development review, shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the zoning ordinance, general plan and City Council policies shall be achieved. Such conditions shall be imposed and enforced as follows:

A. Security May be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development plan, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development plan. Such security shall be furnished as required by local ordinance.

B. Provision of Required Improvements. Whenever a development review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the cognizant City authority, the applicant shall execute an agreement with the cognizant City authority pursuant to local ordinance to make such improvements prior to the time or events specified in the development review approval.

C. Condition Declared Void. Whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of the conditions of a development review approval to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions, said development review approval shall cease to be valid and all rights or privileges granted thereby shall lapse, as provided by PMC 17.52.110.

D. Violation of Condition. Whenever a development review is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the development review approval in violation of or without observance of any such conditions shall constitute a violation of the zoning ordinance and said development review approval may be revoked or modified as provided in PMC 17.52.100. (Ord. 113 §§ 1 (Exh. A 10.3.9), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)

17.52.100 Revocation or modification of development review approval for cause.

A development review approval may be revoked or modified by the approving authority for cause as provided by the provisions of this chapter. For purposes of this chapter, the modification of a development review approval may include the modification of the terms of the development review approval itself or the waiver, alteration, or imposition of new conditions pursuant to PMC 17.52.090.

A. Grounds for Revocation or Modification. A development review approval may be revoked or modified by the approving authority pursuant to the provisions of this chapter upon a finding of any one or more of the following grounds:

1. That such development review approval was obtained or extended by fraud;

2. That one or more of the conditions upon which such development review approval was granted have been violated;

3. That the use for which the development review approval was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance;

4. That construction on the subject property is not in conformance with the development review approval or other applicable requirements.

B. Notification. The Director shall notify the owner of the property of his action in the same manner as specified in the building code for revocation of a building permit, or by written notice to the owner of the subject property as shown on the latest assessment roll or as indicated by later information available to the Director.

C. Appeal. Revocation or modification of a development review approval may be appealed pursuant to this chapter. (Ord. 674 § 55, 2008; Ord. 113 §§ 1 (Exh. A 10.3.10), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)

17.52.110 Automatic revocation of development review approval.

If a development review is approved or modified subject to one or more conditions, such development review approval shall cease to be valid, and all rights or privileges granted thereby shall lapse, notwithstanding any other provisions of the zoning ordinance to the contrary. Whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions said development review approval shall also cease to be valid. (Ord. 113 §§ 1 (Exh. A 10.3.11), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)

17.52.120 Expiration and extension.

Any approval of a development review or minor development review shall expire within two years of such approval except where building permit has been issued and construction or use of the property in reliance on such development review approval has commenced prior to its expiration. (Ord. 311 § 2, 1990; Ord. 113 §§ 1 (Exh. A 10.3.12), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)