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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. Ce 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. fe 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. Ce 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. fe 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. Ce 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.