Oroville City Zoning Code
CHAPTER 17
52 DEVELOPMENT REVIEW
§ 17.52.010 Purpose.
The purpose of a development review is to permit the city's development review committee (DRC) to meet and discuss, evaluate, and review all discretionary development applications (i.e., general plan amendment/rezoning, tentative subdivision maps, tentative parcel maps, conditional use permits, variances, etc.).
In addition, the DRC will review the designs of structures and other site improvement projects for multi-family dwelling units, commercial or industrial uses, and any new construction, or a remodel project of 25% or greater, of a single-family dwelling unit within the historic area or downtown historical (DH-O) overlay district, in order to ensure compliance with the Oroville Municipal Code and compatibility and harmony of appearance in the city's neighborhoods and zoning districts.
(Ord. 1749 § 4; Ord. 1787 § 1)
§ 17.52.020 Review required.
A.
Development Subject to Review.
1.
Development review shall be required for all new construction that requires a building permit, except:
a.
A project that includes a single-family dwelling unit including private garages and other normally incidental accessory buildings and improvements.
b.
Alteration, remodeling, reconstruction, modification or repair of any building that does not increase its gross floor area by more than 25% within any 2-year period.
c.
The demolition of a building that the building official or fire marshal determines is dangerous to the health and safety of the building occupants, neighbors or general public, and consequently should be demolished immediately. The building official or fire marshal shall set forth in writing the reasons for his or her determination.
d.
General maintenance and the removal and replacement of over-the-counter appliances (i.e., water heaters, HVAC units, swamp coolers, solar panels, etc.). This does not relieve the applicant from any requirement to obtain any required building permit.
e.
Simple building permits (i.e., electrical, mechanical, plumbing, and re-roof) where no new construction (or remodel expansion of 25% or greater) is part of the project.
2.
Notwithstanding any other provision of this section, development review shall be required for any new construction in a downtown historic overlay (DH-O) district that requires a building permit to alter a structure's exterior appearance.
3.
An exemption is provided for in-kind replacement of a dangerous building provided the project meets any of the following requirements:
a.
Upon request from the applicant, the requirements of this section shall apply to any building that the building official or fire marshal determines is dangerous to the health and safety of the building occupants. The applicant must provide an application and evidence that a structure on their property be demolished and replaced with an in-kind structure. The building official or fire marshal shall inspect the structure and set forth in writing the reasons for his or her determination that immediate demolition is warranted;
b.
The applicant replaces the structure on the same footprint with materials and features that preserve the integrity of the historical characteristic of the existing structure on the property; and
c.
The proposed structure does not exceed 1,000 square feet.
4.
Development review shall be required for certain site improvements, including but not limited to parking and landscaping improvements, as specified in this chapter.
5.
Development review shall be required for certain types of accessory buildings as specified in Section 17.12.090.
For any project that requires development review, building permits shall not be issued until the project's development review application has been approved. Building plans submitted to the building division for review while simultaneously undergoing the development review process with the planning division are subject to change. The applicant acknowledges that the plans submitted to the building division are subject to changes recommended by the development review committee, planning commission and the zoning administrator. |
B.
Planned Development Design. A pre-application meeting shall be required for all planned development applications. For any residential planned development project, the design of attached or detached single-family dwelling units or other accessory structures may be evaluated on the basis of representative examples, provided that the design of all such structures conform substantially to the examples. All attached or detached single-family dwellings, or other accessory buildings reviewed by the development review committee shall be compatible with the proposed planned development standards approved for the project. The proposed planned development shall be compatible with the character of the surrounding neighborhood or any applicable overlay district and shall not unnecessarily impact the privacy, views or desirability of adjoining properties.
C.
Individual Development Project Design. The DRC shall review any development project application for multifamily dwelling units, commercial or industrial uses, any new construction, or a remodel project of 25% or greater, of a single-family dwelling unit within the HPA or DH-O, and any associated accessory structure(s). For remodeling projects and/or accessory structure(s), the applicant shall meet the materials and architecture style of the existing dwellings on the property. The proposed structure(s) shall be compatible with the character of the surrounding neighborhood or any applicable overlay district and shall not unnecessarily impact the privacy, views or desirability of adjoining properties.
D.
Notice Requirements. The development review of all discretionary development applications shall hold a minimum of one public hearing on an application, notice of which shall be mailed or delivered to the owners of all property within 300 feet of the exterior boundary of the property that is subject to the hearing.
(Ord. 1749 § 4; Ord. 1770 §§ 3, 4; Ord. 1774 §§ 1, 2; Ord. 1787 § 1)
§ 17.52.030 Application.
A.
Materials Required. Application for development review shall be made in a form prescribed by the zoning administrator and shall be accompanied by a fee established by resolution of the city council. At a minimum, the application shall include the following as applicable:
1.
Site plans;
2.
Architectural drawings showing proposed building elevations;
3.
Landscape plans showing the types, sizes and location of vegetation to be planted and the irrigation system to be installed;
4.
Plans for the configuration and layout of all off-street parking spaces;
5.
Plans for all lighting to be installed on the site, including the location, type, height and brightness of each lighting fixture;
6.
Drawings of all signs that are proposed in association with the project;
7.
Any appropriate studies required for the project (i.e., traffic, noise, sewer capacity, historical review, etc.); and
8.
Project description, an explanation of what is being proposed, including a description of the intended use for commercial and industrial projects, hours of operations, number of employees, and a description of daily operations, services offered, products manufactured and sold.
B.
Plans and Drawings. All plans and drawings shall be drawn to scale to the extent feasible and shall indicate the full dimensions, contours and other topographic features and information necessary to make a full evaluation of the project.
(Ord. 1749 § 4; Ord. 1787 § 1)
§ 17.52.040 Review of applications.
A.
Review Authority. The DRC shall review all discretionary development applications and the designs of structures and other site improvement projects for multi-family dwelling units, commercial or industrial uses, and any new construction, or a remodel project of 25% or greater, of a single-family dwelling unit within the HPA or DH-O shall be determined as follows:
1.
If the proposed project requires discretionary approval or permit that is subject to review by the planning commission, the planning commission shall hold a minimum of at least one public hearing on the development application.
2.
If the proposed project includes improvements that cover less than 1,000 square feet of a site, and does not involve the construction, remodeling or other alteration of a building, the zoning administrator shall hold a zoning administrator hearing on the development application.
B.
Guidance from Third Parties. The review authority may obtain guidance from third parties, including architects, urban planners and city commissions or staff, as to whether the application conforms to the requirements of this title. These third parties shall be qualified by reason of their relevant training or experience. Any guidance they provide shall be submitted in writing and included in the report on the application.
C.
Standards for Review. All applications shall be reviewed in light of the requirements of the general plan and any applicable specific plan, as well as the requirements of this Code and any design guidelines adopted by the city council.
The DRC will meet at least once per month at a set time, or as necessary. Generally, the DRC will meet on the fourth Wednesday of each month starting at 9:00 a.m. and conclude once all the items on the agenda have been addressed.
D.
Review Process. Development project applicant may participate in up to at least 3 DRC meetings. The number of DRC meeting will depend upon the size and scope of the project. The DRC review process:
1.
The initial meeting is to review development project or site improvement application for completeness and for any additional DRC meetings;
2.
The second meeting would be to review the draft conditions of approval for the project prior to a public hearing before the planning commission;
3.
For large complicated projects, a "pre-construction" meeting with the applicant and/or contractor after project approval;
4.
An additional meeting may be required to discuss any serious issues and to request additional information between the initial meeting and second meetings, only if necessary; and
5.
All pre-application meetings will be conducted by the DRC.
(Ord. 1749 § 4; Ord. 1787 § 1)
§ 17.52.050 Action on applications.
A.
Notice of Decision. Upon submission of an application for development review, the DRC shall review the application and render a written report recommending approval, approval with conditions, or denial. A copy of the report shall be sent to the applicant.
B.
Appeals. The recommendation of the review authority shall be final, unless that action is appealed as provided in Section 17.56.100.
C.
Expiration. The approval of the application shall expire 2 years after the written report is rendered, unless within that time the applicant obtains all necessary building permits and pays all required fees associated with the permits. The review authority may extend the initial approval for an additional one-year period upon receipt, prior to expiration of approval, of a written application for extension, signed by the applicant and accompanied by a fee established by resolution of the city council.
(Ord. 1749 § 4; Ord. 1762 § 14; Ord. 1787 § 1)
§ 17.52.060 Industrial use projects within the Oroville Enterprise Zone.
A.
Applicability. The following streamlined review process shall apply to development review of any industrial use project within the state-approved Oroville Enterprise Zone.
B.
Review Process. The zoning administrator shall review the plans for the proposed industrial use project with the appropriate city departments, affected outside agencies and the project applicant to discuss any changes or conditions deemed necessary for approval. Following this review process, the zoning administrator shall hold a zoning administrator hearing on the development application.
C.
Approval of Application. If the project applicant agrees to the proposed changes or conditions, the project shall be deemed approved subject to the incorporation of the proposed changes or conditions. For projects where certification of an environmental review document is required, this approval shall not be final until the certification has occurred.
(Ord. 1749 § 4; Ord. 1762 § 15; Ord. 1787 § 1)