The purpose of a development review shall be to ensure that the design is based upon the general architectural character of the neighborhood, design quality, development compliance with the provisions of applicable laws, consistency with the design of the neighborhood in which the development is located, compliance with development standards, guidelines and conditions of approval.

(Ord. 2580 § 5 (part), 1992: Ord. 2515 § 9 (part), 1990)

Development review shall be required prior to the issuance of a building permit for all single-family, duplexes, multiple family, mixed-use, office, commercial and industrial development. Additions to existing single-family, duplexes, multiple family, mixed-use, commercial and industrial development shall also require development review. Submittal of plans for development review shall follow the submittal requirements set forth in Section 18.56.030 of this chapter.

The provisions of this chapter shall not apply to any development projects which are subject to the provisions of Chapters 18.84 through 18.89 requiring application for a certificate of appropriateness, except under certain circumstances when such projects are subject to approval of a certificate of appropriateness waiver.

(Ord. 2723 § 2, 1998: Ord. 2515 § 9 (part), 1990)

(Ord. No. 3019, § 3, 3-25-14; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Where a development review plan is required, the applicant shall submit to the director the following information:

1.

A completed application for development review containing the name, address and telephone number of the applicant, the owner and the person who prepares the plan, the authorized agent, if any; and

2.

The street address and a brief legal description for the property involved, and the names of the streets which serve the subject property; and

3.

The net and gross property size, the number of lots involved, if more than one, and all the lot dimensions and lot areas of each lot as these requirements apply to the specific development; and

4.

The approximate square footage and location of all buildings and structures, including the location and striping of all off-street parking facilities and related parking lot landscaping; and

5.

Conceptual landscape plans for all proposed public and private open spaces and landscaped areas; and

6.

The proposed use or uses of the site and/or building(s); and

7.

Detailed building elevations (front, rear and sides) and floor plans; and

8.

Conceptual elevations of all adjacent buildings in sufficient detail, in the opinion of the director, to determine design compatibility; and

9.

Notification requirements consistent with the level of review authority; and

10.

Such other information as the director deems necessary to meet the purposes of this section and to determine compliance with applicable standards and guidelines.

(Ord. 2515 § 9 (part), 1990)

Upon the receipt of an application for development review, submitted with the requirements of Section 18.56.030 and the appropriate planning services fee(s) in the amount set by the city council, the director shall have thirty calendar days in which to review the application for completeness and provide written notice to the applicant of the deficiencies in the application. The application shall not be processed until such time as the applicant has caused the application to be complete. Once the application has been determined to be complete, the director shall determine whether the application complies with all applicable laws, standards and guidelines. The director shall prepare or cause the preparation of a recommendation regarding the development review. Notwithstanding the approval authority outlined in Section 18.56.045 of the Whittier Municipal Code, the director may refer any development review application to the design review board and/or planning commission for action.

(Ord. 2515 § 9 (part), 1990)

(Ord. No. 3054, § 9, 8-9-16; Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Director of Community Development. The director shall have the authority to approve, conditionally approve or deny development review applications for:

1.

All construction resulting in a total of not more than two dwelling units on a lot or within a subdivision project, including, but not limited to single-family dwellings, duplexes, mixed-use and live-work developments, additions, accessory structures, pools, siding, windows and re-roofing in the H-R, R-E, R-1, R-2, R-3 and R-4, R-5, C-O, MU1, MU2, MU3, and C-2 (Housing Overlay) and SP (Specific Plan) zones

2.

Multi-family projects of not more than four units designed in compliance with objective design standards (ODS) in Chapter 18.93.

3.

Housing developments that include at least twenty percent of the units to be affordable to lower-income household, pursuant to AB1397.

4.

Residential construction resulting in exterior remodels that propose an additional floor/story;

5.

Residential construction resulting in additional floor area of more than six hundred square feet of the existing floor area that is visible;

6.

Exterior remodeling and additions to existing multiple-family developments which do not exceed six hundred square feet in floor area;

7.

Minor reasonable accommodations, pursuant to Chapter 18.51;

8.

Lot line adjustments, pursuant to Chapter 17.10;

9.

Cottage food operations, pursuant to Chapter 18.10;

10.

All nonresidential construction, additions and exterior remodeling with a floor area not in excess of five thousand square feet

11.

Signs, awnings, landscaping, parking lots, fences, walls, retaining walls and similar permits;

12.

Public notice will be required for development review applications identified in Sections 18.56.045(A)(2), 18.56.045(A)(3) and 18.56.045(A)(7). Public notice of applications for planning director approval shall be given to adjacent property owners and occupants, as appropriate, to include all properties within one hundred feet of the property boundary, and at a minimum, fourteen properties surrounding the project, whichever is greater:

a.

For typical lots, two properties on either side of a subject parcel, five properties behind and five properties across the street from a project.

b.

For corner lots, two properties on interior side of a subject parcel, three properties in front and behind and five properties across the opposite street from a project.

c.

For unusual circumstances, the director of community development shall have the ability to modify the notification requirements.

13.

Public notice exceptions may be granted by the director of community development if the additions are interior to the residential structure or not visible.

14.

Accessory dwelling units and junior accessory dwelling units, notwithstanding subsection B.1 of this subsection, below.

B.

Zoning Administrator. The zoning administrator, pursuant to Section 18.58.060 of this title, shall have the authority to approve, conditionally approve or deny development review applications for:

1.

Development projects resulting in a total of three to nine dwelling units on a lot or within a subdivision project not designed in compliance with objective design standards (ODS) in Chapter 18.93, and additions to existing multiple-family developments which exceed six hundred square feet in floor area.

2.

Nonresidential development projects with a floor area in excess of five thousand square feet, but less than fifteen thousand square feet.

3.

Exceptions from required yards in commercial or manufacturing zones, pursuant to Sections 18.24.040(B) and 18.34.050(B) and over height walls pursuant to Section 18.24.040(F) of this title.

4.

Minor zone variances and minor conditional use permits as listed in Section 18.58.060.

5.

Major reasonable accommodations, pursuant to Chapter 18.51;

6.

Public notice of applications for zoning administrator approval shall be given to adjacent property owners and occupants, as appropriate, to include all properties within one hundred feet of the property boundary, and at a minimum, fourteen properties surrounding the project, whichever is greater:

a.

For typical lots, two properties on either side of a subject parcel, five properties behind and five properties across the street from a project.

b.

For corner lots, two properties on interior side of a subject parcel, three properties in front and behind and five properties across the opposite street from a project.

c.

For unusual circumstances, the director of community development shall have the ability to modify the notification requirements.

C.

Planning Commission. The planning commission, pursuant to Section 18.52.090 of this title, shall have the authority to approve, conditionally approve or deny development review applications for:

1.

Development projects resulting in a total of ten dwelling units or more on a lot or within a subdivision project, not developed in compliance with objective design standards in Chapter 18.93;

2.

Nonresidential development projects with a gross floor area of more than fifteen thousand square feet;

3.

Any development project where alternative development standards are utilized, pursuant to Sections 18.10.040, 18.22.040 and 18.24.050;

4.

Any entitlement applications which require approval of a conditional use permit;

5.

Approval authority on tentative parcel maps, tentative tract maps, and vesting tentative tract maps and other actions mentioned in Title 17;

D.

Design Review Board. The design review board shall be responsible for reviewing and approving project design on a citywide basis including:

1.

Residential development projects consisting of more than four dwelling units designed in compliance with objective design standards (ODS) in Chapter 18.93;

2.

Nonresidential development projects and additions with a floor area in excess of one thousand square feet;

3.

Exterior façade remodels of any buildings located in the Uptown Whittier Specific Plan area regardless if any square footage is being added and/or removed;

4.

Freestanding signs not designed in compliance with the design standards of Section 18.76.060;

5.

Awnings for non-residential uses;

6.

Murals on private property;

7.

Master sign program;

8.

Covered, partially enclosed parking structures for commercial uses that are subject to a discretionary permit;

9.

Screening for every uncovered parking or maneuvering area that is subject to a discretionary permit, which has a common lot line with any R-zoned lot and/or located within twenty-five feet of any property line separating a project area from the street;

10.

Any project which is referred to the board by an approval authority including front yard and street side, side yard fence design exceptions.

11.

Front yard and street side, side yard fence designs that do not conform to the approved fence and wall palette, except properties subject to the provisions of Chapter 18.84.

(Ord. 2839 § 15, 16, 2004: Ord. 2838 § 15, 16, 2004: Ord 2798 §§ 2—5, 2002; Ord. 2765 § 2 (part), 2000; Ord. 2620 § 2 (part), 1994: Ord. 2610 § 1 (R), 1993: Ord. 2580 § 5 (part), 1992: Ord. 2528 § 1, 1991; Ord. 2518 § 8, 1990: Ord. 2515 § 9 (part), 1990)

(Ord. No. 2932, § 11, 8-11-09; Ord. No. 3019, § 4, 3-25-14; Ord. No. 3054, § 10, 8-9-16; Ord. No. 3116, § 16, 5-26-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Within ten calendar days of final action on a development review application, the director shall mail to the applicant, a written notice of the decision of the approving authority and any accompanying conditions of approval. The director shall also give similar notice to the planning commission and/or city council. The action of the director, design review board, zoning administrator or planning commission is final unless appealed in accordance with Section 18.56.055.

(Ord. 2541 § 1 (part), 1991: Ord. 2515 § 9 (part), 1990)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Within twenty calendar days from the date of the planning director's action on a development review application, or within ten calendar days from the date of the zoning administrator's action, pursuant to Section 18.58.050, the applicant or any aggrieved person, may file with the secretary of the planning commission, a written letter of appeal accompanied by appropriate appeal fee. Upon receipt of such a letter of appeal fee, the secretary shall give the appellant ten calendar days written notice of the time and place of such hearing. Also, within said appeal period as provided in Section 18.52.120(A); any member of the planning commission may appeal the decision.

B.

Within the appeal period provided for in Section 18.52.120(A), for appeal of an action by the planning commission, the applicant or any aggrieved person may file with the secretary of the planning commission or with the city clerk, a written letter of appeal together with an appeal fee as set by the city council.

C.

Notice of the time and place of the public hearing on the appeal pursuant to subsection B of this section, shall be given in the manner provided in Section 18.52.090 of this chapter.

(Ord. 2819 § 4, 2003; Ord. 2620 § 2 (part), 1994; Ord. 2550 § 2, 1991; Ord. 2541 § 1 (part), 1991: Ord. 2533 § 1, 1991: Ord. 2515 § 9 (part), 1990)

(Ord. No. 3112, § 4, 2-25-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

The period of validity for any development review approval approved by the city shall be as set forth in Section 18.04.110. Time extension(s) of the period of validity for any development review approval approved by the city shall be granted only in accordance with Sections 18.04.120 and 18.04.130.

(Ord. 2909 § 7, 2008)

Conditions may be modified, eliminated, or new conditions added to any development review approval, in compliance with Section 18.04.120.

(Ord. 2909 § 8, 2008)

The director shall prepare a report to the planning commission describing the application, conditions of approval, specific reasons and explanations of conditions and findings, reasons for the appeal or reasons for the denial, and transmit the report along with any other plans and material necessary for the planning commission to render a decision on the appeal. The planning commission shall consider the appeal with respect to conformance with the Whittier general plan, the zoning ordinance, development guidelines and other city standards. The planning commission shall have the authority to approve, conditionally approve or deny the application. The secretary of the commission shall provide written notification of the action of the planning commission to the appellant within ten calendar days of the action of the planning commission. The decision of the commission shall be final unless appealed to the council in accordance with Section 18.56.055.

(Ord. 2515 § 9 (part), 1990)

The council shall consider an appeal from a decision of the planning commission in the same manner as prescribed in Section 18.56.060. The decision of the council shall be final.

(Ord. 2515 § 9 (part), 1990)