The City Council determines that appropriate building and site design improvements enhance the health, safety, and welfare of the residents of the City by:

(a)

improving the desirability of properties within the area for future uses;

(b)

improving the benefits of occupancy of other property in the area;

(c)

encouraging the most appropriate development of other properties within the area;

(d)

encouraging other property owners to properly maintain and improve their properties, benefiting the health, safety, comfort and general welfare of the residents of the area and the City at large;

(e)

avoiding unsightliness which, if permitted to exist, adversely affects surrounding properties; and

(f)

assuring appropriate City utilities, public infrastructure, circulation and roadway access.

The development review permit process is intended as a comprehensive review to facilitate the efficient processing of project applications, by combining environmental and public infrastructure review with site and architectural plan review before a building permit is issued.

(Ord. No. 1236, § 2(Exh. B), 7-18-2017)

A development review permit is required for any of the following:

(a)

Improvements. A permit is required for an improvement except for:

(1)

new construction of or an improvement to a single-family home or residential duplex or a project consisting of four or fewer single-family homes;

(2)

an addition or repair to an existing improvement if the exterior is not to be altered; and

(3)

an accessory dwelling unit or residential accessory structure.

(b)

Changes. A permit is required for a change made to an improvement under a prior approval, including prior development review permit approval. However, a change substantially consistent with the prior approval, as determined by the director, does not require a new permit.

In this article, improvement means: construction or a modification that requires a building permit under chapter 9.04 or an exterior change to color, building materials, landscape, hardscape, window replacement, or façade treatment.

(Ord. No. 1236, § 2(Exh. B), 7-18-2017)

The application for a development review permit must be in the form required by the Development Services Department and must include the fee established by City Council resolution.

(Ord. No. 1236, § 2(Exh. B), 7-18-2017)

Each development review application will be considered in one of three tiers, depending on the nature of the application, as follows:

(a)

Tier 1. A Tier 1 application is reviewed by the City Council, following recommendation by Planning Commission and occurs when:

(1)

the development review permit application is paired with another application being reviewed by the City Council (including an appeal);

(2)

the affected property is located within the I-205 overlay zone (Article 21.2);

(3)

a specific plan or design guidelines require City Council review.

The City Council will consider a development review permit application after notice and a public hearing.

(b)

Tier 2. A Tier 2 application is reviewed by the Planning Commission and occurs when:

(1)

the development review permit application is paired with another application being reviewed by the Planning Commission (including an appeal);

(2)

the development review permit application is for a site located within 500 feet of a freeway;

(3)

a specific plan or design guidelines require Planning Commission review; or

(4)

the Director refers a development review permit application to the Planning Commission.

The Planning Commission will consider a development review permit application after notice and a public hearing.

(c)

Tier 3. A Tier 3 application is reviewed by the Director and occurs when not covered by Tier 1 or Tier 2, above. The Director may refer review and approval of an application to the Planning Commission.

The Director will consider a development review permit application after notice and a public hearing.

(Ord. No. 1236, § 2(Exh. B), 7-18-2017)

The reviewing body will consider the following factors: general site considerations including height, bulk, and size of buildings; physical and architectural relationship with the existing and proposed structures; site layout, orientation, and location of the buildings and relationships with open areas and topography; location and type of landscaping; off-street parking areas; height, materials, colors and variations in boundary walls, fences, and screen plantings; appropriateness of the sign design and exterior lighting; and appropriate City utilities, public infrastructure, circulation, and roadway access.

Before approving a development review permit, the reviewing body (under section 10.08.3950) must make written findings that:

(1)

the proposal increases the quality of the project site, and enhances the property in a manner that therefore improves the property in relation to the surrounding area and the citizens of Tracy.

(2)

the proposal conforms to this chapter, the general plan, any applicable specific plan, the Design Goals and Standards, any applicable Infrastructure Master Plans, and other City regulations.

(Ord. No. 1236, § 2(Exh. B), 7-18-2017)

Any person dissatisfied with the action taken on an application for a development review permit may file an appeal to the Planning Commission within ten (10) days after the Director's notice of decision. An action of the Planning Commission may likewise be appealed to the City Council, by filing a written appeal within ten (10) days after the Commission's action, all in accordance with the procedures for appeals set forth in section 1.12.020.

(Ord. No. 1236, § 2(Exh. B), 7-18-2017)

(a)

Time Limits. A development review permit approval lapses two (2) years after the date it became effective unless:

(1)

By condition of the permit a greater time is allowed, up to three (3) years, based on the size, complexity or other project characteristics; or

(2)

A building permit is issued and construction is begun and diligently pursued toward completion.

(b)

Extensions.

(1)

The property owner may apply for one or more extensions before the development review permit has lapsed. Submittal of the application for extension together with the application fee suspends the expiration date until the decision on the extension, and the City will not issue a building permit during the period of suspension.

(2)

The approval body for the permit shall conduct a public hearing. If the approval body was the Director, he or she may refer the extension request to the Planning Commission for a public hearing and decision.

(3)

The Director (or Planning Commission upon referral) may approve an extension for up to three (3) years if it finds there are no substantial changes in: (i) the project; or (ii) the circumstances, City policies, standards, or laws that affect the approval.

(4)

The development review permit is automatically extended (without separate notice or public hearing) for a corresponding period of time if the Planning Commission approves extension of a conditional use permit for the same project, under section 10.08.4250.

(5)

The extension decision may be appealed under section 10.08.3970.

(Ord. No. 1236, § 2(Exh. B), 7-18-2017)