Fountain Valley City Zoning Code
CHAPTER 21
40 DEVELOPMENT REVIEW
§ 21.40.010 Purpose.
(a)
Review Procedures. This chapter establishes procedures for the commission's review of the design and appearance of structures to ensure that projects comply with all applicable development and design standards/guidelines, and minimize potential adverse effects, in compliance with the actions, goals, objectives and policies of the general plan, any applicable specific plan and this title.
(b)
Encourage Creativity. This chapter is not intended to restrict imagination, innovation or variety, but rather to focus on development and design standards/guidelines that can result in creative, imaginative solutions and a quality design for the city. It is, therefore, the purpose of this chapter to:
(1)
Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the city;
(2)
Assist developers to understand the public's concerns for the aesthetics of development, and ensure that new developments do not cause an adverse health, safety or aesthetic related impact(s) on the community;
(3)
Achieve a reasonable level of quality in terms of harmony and community objectives for economic, physical and social well being, and to protect existing and potential developments and uses on adjoining property and the surrounding neighborhood;
(4)
Provide consistency for the comprehensive review of development projects; and
(5)
Ensure consistency with the previously approved conditions of approval.
(c)
Allowed Uses Only. This chapter is not intended to deny any use already allowed by this title, or to grant any use not allowed in the respective zoning district.
(Ord. 1308 § 5, 2000)
§ 21.40.020 Review authority.
The commission shall approve, approve with conditions or disapprove development review applications, and impose conditions necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety or welfare, and necessary to make the findings required by Section 21.38.050 (Findings and decision) of this title.
(Ord. 1308 § 5, 2000)
§ 21.40.030 Applicability.
Applications for all nonresidential architectural modifications (e.g., building materials, colors, doors, facades, landscaping, roof materials, windows, etc.), and any second story addition to an existing residential structure deemed necessary by the director, shall first require the commission's approval of a development review in compliance with this chapter.
(Ord. 1308 § 5, 2000)
§ 21.40.040 Application filing, processing and review.
(a)
Filing.
(1)
Filed with Department. An application for a development review shall be filed with the department in compliance with Chapter 21.32 (Applications, Processing and Fees) of this title.
(2)
Filed Concurrently. The application may be made and acted upon concurrently with an application for a conditional use permit, variance or other matter requiring city approval in compliance with this chapter.
(b)
Before Building Permits. The application shall be filed before issuance of any building permit(s) for the subject parcel.
(c)
Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans and/or any other data/materials identified in the department handout for development review applications.
(d)
Project Review Procedures. Following receipt of a completed application, the director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
(Ord. 1308 § 5, 2000)
§ 21.40.050 Findings and decision.
The commission, or the council on appeal, shall record the decision in writing with the findings on which the decision is based. The development review application shall be approved, with or without conditions, only if the following findings of fact can be made in a positive manner:
(1)
The design and layout of the proposed development would:
(A)
Be consistent with the actions, goals, objectives and policies of the general plan, any applicable specific plan and the development and design standards/guidelines of the applicable zoning district;
(B)
Not interfere with the use and enjoyment of neighboring existing or future developments, and would not create traffic or pedestrian hazards; and
(C)
Provide a desirable environment for its occupants and visiting public as well as its neighbors through good/proper aesthetic use of materials, texture and color, and would remain aesthetically appealing and retain an appropriate level of maintenance.
(2)
The architectural design of the proposed structure(s) would be compatible with the character of the surrounding neighborhood and would maintain and enhance the attractive, harmonious and orderly development contemplated by the actions, goals, objectives and policies of the general plan, any applicable specific plan and this chapter;
(3)
The proposed development would not:
(A)
Be detrimental to the public convenience, health, interest, safety or welfare, or materially injurious to the properties or improvements in the immediate vicinity; or
(B)
Substantially depreciate property values in the immediate vicinity or interfere with the use or enjoyment of property in the surrounding neighborhood, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding neighborhood.
(4)
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city's environmental review procedures.
(Ord. 1308 § 5, 2000)
§ 21.40.060 Conditions of approval.
(a)
Compliance. In approving a development review the commission may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to:
(1)
Compliance with Chapter. Ensure compliance with the general purpose of this chapter, the actions, goals, objectives and policies of the general plan, and any applicable specific plan;
(2)
Compliance with Findings. Ensure that the approval would be in compliance with the findings required by Section 21.38.050 (Findings and decision) of this title;
(3)
Protect Interests. Protect the best interests of the surrounding property or neighborhood; and
(4)
Acknowledgment.
(A)
Ensure that the applicant acknowledges receipt, full understanding and agreement with all of the conditions before issuance of the development review.
(B)
By signing the written acknowledgment, the applicant acknowledges acceptance of the benefits of the development review and agrees to waive any right to later challenge any condition(s) imposed as unfair, unnecessary or unreasonable.
(b)
Conditions. The conditions of approval shall further ensure the following:
(1)
Adequate pedestrian and vehicular circulation (e.g., access ways and parking) shall be required to be designed, provided and maintained to avoid congestion and to prevent adverse effects on the surrounding neighborhood;
(2)
Elevations shall be designed to be compatible with the characteristics of the surrounding neighborhood;
(3)
Exterior lighting, fences, landscaping, screen planting, walls and other similar appurtenances shall be designed, provided and maintained in a manner that would be compatible (e.g., proportion, scale, style, etc.) with the characteristics of the surrounding neighborhood. The commission shall give special consideration to the retention of existing vegetation and land formations in their natural state;
(4)
Structures shall be arranged to allow convenient access for emergency and service equipment, fire hydrants, standpipes and other fire protection devices; and
(5)
The proposed development shall not present a hazardous situation due to any erosion, flooding, seismic, soil or topographic condition(s) applicable to the site.
(Ord. 1308 § 5, 2000)
§ 21.40.070 Post approval procedures.
(a)
Procedures. Procedures relating to appeals, changes, performance guarantee, revocation and time extensions, as identified in Chapters 21.52 through 21.64 of this title, in addition to those identified in Chapter 21.54 (Entitlement Implementation, Time Limits and Extensions) of this title, shall apply following the approval of a development review.
(b)
Run with the Land.
(1)
Continue to Be Valid. A development review that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.
(2)
Resolution Review. In addition to securing a business license, any new applicant seeking to operate a previously approved use in substantial compliance with an existing development review shall submit a project description (e.g., narrative and/or a site and floor plan) to the director ensuring that the new operation would be in compliance with the previous use and that the new applicant agrees to operate in full compliance with the previously issued conditions of approval.
(c)
Substantial Compliance. Once approved by the commission, the design and general appearance (e.g., colors, materials, etc.) of the structure(s) shall not be substantially altered. Substantial changes shall require commission review and approval before construction.
(Ord. 1308 § 5, 2000)
§ 21.40.080 Development review violations.
It is unlawful for any owner, operator, tenant or other person in control of property within the city for which the specific standards set forth in this chapter apply, to fail to obtain development review before a project is constructed or to fail to maintain or operate property for which a development review approval has been given in compliance with that development review approval.
(Ord. 1358 § 11, 2004)