Ord 44ORDINANCE NO. 44
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AMENDING SECTIONS 7150 - 7174 INCLUSIVE AND
ESTABLISHING A DEVELOPMENT REVIEW PROCEDURE FOR ALL
PROJECTS PROPOSED WITHIN THE CITY OF POWAY
WHEREAS, it is the desire of the City Council to implement the Poway
General Plan and its goals and policies; and
WHEREAS, the City Council has held a duly advertised public hearing on
August 25, 1981 to solicit and consider public comments both pro and con
relative to this Ordinance;
NOW~ THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DOES ORDAIN
AS FOLLOWS:
Section 1: Sections 7150 through and including Section 7174 of the San
Diego County Zoning Ordinance, adopted by reference in the City of Poway as
Ordinance 29, is hereby removed in its entirety and replaced by the language
contained in Section 3 of this Ordinance.
Section 2: Section 2(c) of Ordinance 24 as adopted by the Poway City
Council is hereby removed and supplanted by Section 3 of this Ordinance.
Section 3: Sections 7150 through and including Section 7174 shall be
entitled "DEVELOPMENT REVIEW PROCEDURES" and are amended in their entirety to
read as shown in the attached Exhibit "A".
Section 4: The City Council of the City of Poway California hereby finds
tha~ this 8mendment will not cause significant adverse impacts on the
environment and issues a Negative Declaration for this Amendment.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 25th day of August, 1981 and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 1st day of September,
1981 by the following roll call vote:
AYES: COUNCILMEMBERS: ORAVEC, REXRODE, SHEPARDSON, TARZY, EMERY
NOES: COUNCII~EMBERS: NONE
ABSENT:
COUNCI I~4EMBERS: NONE
Robert C. Emery,
ATTEST:
MarjorietK~ Wahlsten, City Clerk
7150
DEVELOPMENT REVIEW PROCEDURE
7150 TITLE AND PURPOSE.
The provisions of Section 7150 through Section 7199 shall be known as the
Development Review Procedure.
The City of Poway finds that a development review process supports the
implementation of the Poway General Plan. The City further finds that the
quality of residential, commercial, industrial and public/quasi public 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:
ae
Recognize the interdependence of land values and aesthetics and provide
a method by which the City may implement this interdependence to its
benefit.
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.
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Maintain the public health, safety and general welfare, and property
throughout the City.
d. Assist private and public developments to be more cognizant of public
concerns for the aesthetics of developments.
Reasonably ensure that new developments, including residential,
commercial, industrial, and public/quasi public developments, do not
have an adverse aesthetic, health, safety or architecturally related
impact upon existing adjoining properties, or the City in general.
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Ensure that the proposed development complies with all of the
provisions of the Zoning Ordinance and the General Plan.
7152
7152 APPLICABILITY.
In order to safeguard and enhance the appearance and quality of development of
the City of Poway, 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; mobilehome parks;
commercial or industrial establishments, and public/quasi-public uses, including
additions, alterations and redevelopment thereof.
7154 PLANS AND DRAWINGS TO BE SUBMITTED.
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 home (custom); multiple-family
developments; the establishment of commercial; industrial, public/quasi-public
uses; including additions, alterations and redevelopment thereof shall submit
the following plans and drawings to the Director of Planning Services for
review:
ae
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.
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.
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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.
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Such other data as may be required by the Director of Planning Services
to ensure that the purposes of this Section are satisfied.
7158
7158 REVIEW AND EVALUATION.
The Director shall review and evaluate development plans submitted to him in
accordance with the following guidelines:
Scgpe,. 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.
Modifications Required.for A~p~oyal of ~he 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 an environmental impact report or modifications, changes
and additions that are necessary to meet the purpose of this Chapter.
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Improvements .R~qui~d..~gr' App~gval of the Develo.~ent Plan. The
Director shall insure that all development plans provide for on- 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.
7160 ACTION BY DIRECTOR.
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.
Room additions for residential developments that are equal to less
than 50% of the existing square footage.
3e
Remodeling, alterations or additions of commercial and industrial
buildings at less than 10,000 sq. ft. or 25% of the existing
square footage whichever is more restrictive.
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.
7162
7162 ACTION BY THE 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.
7164 APPEAL TO CITY COUNCIL ON MINOR DEVELOPMENT REVIEW.
A decision of the Director on a Minor Development Review may be appealed within
10 days to the City Council by the applicant or any other interested person,
upon paying the established fee, or the Directors decision, may be appealed by a
member of the City Council without fee.
7168 ACTION BY CITY COUNCIL ON APPEAL.
At its next regular meeting following the filing of an appeal of the Director's
decision on a Minor Development Review, the City Council shall approve,
conditionally approve, or disapprove the plans and drawings or shall request the
applicant to revise the plans and drawings. Failure of the City Council to act
within 30 days from the appeal shall be deemed approval of the plans and
drawings unless the applicant shall consent to an extension of time.
7170 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:
Security May be Required to Ensure Performance. In order to ensure the
performance of C~nditio'ns' ~m~d ~oncurren~ ~ith 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 Section 7612.
Provision q~..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 Section 7613 to make such
improvements prior to the time or events specified in the Development
Review approval.
7172
ConditionDeclared 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 Section 7174.
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 condition shall
constitute a violation of the Zoning Ordinance and said Development
Review approval may be revoked or modified as provided in Section
7172.
7172 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 section. For purposes
of this section, 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 Section 7170.
ao
Grounds for Revocation or Modification. A Development Review approval
may'Be r'e~o~'~d or modified by the approving authority pursuant to the
provisions of this section upon a finding of any one or more of the
following grounds:
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.
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.
That construction on the subject property is not in conformance
with the Development Review approval or other applicable
requirements.
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.
7174
c. Appeal. Revocation or modification of a Development Review approval
may be appealed pursuant to Section 7164.
7174 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.
7175 EXPIRATION AND EXTENSION.
Any approval of a Development Review shall expire within one year of such
approval except where construction or use of the property in reliance on such
Development Review approval has commenced prior to its expiration. If
construction and use of the property in reliance on a Development Review
approval has not commenced within the one year period, said period may be
extended by the City Council for a period not exceeding 6 months for each
application up to a maximum of two years from the date of original approval.