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In order to ensure a harmonious transition between parkland and surrounding uses, a Park Development Review is required for new and expanded parks, trails, and paths within the Public Parks zone. All park facilities, including paths and trails within the Public Parks zone, previously approved under a Conditional Use Permit are subject to the Park Development Review process as described in this section.

Outside of the Public Parks Zone, the following is required:

(a) New or expanded parks outside of the Public Parks zone require a Conditional Use Permit.

(b) New or expanded trails or shared-use paths outside of the Public Parks zone may be reviewed in conjunction with another land use review, such as a Land Division, Site Plan & Architectural Commission Review, Transportation Facility, or Planned Unit Development. If the trail or path is a standalone project, outside of the Public Park zone, a Conditional Use Permit is required.

(1) Park Development Review Criteria. The approving authority (Planning Commission) shall approve a Park Development Review application if it can find the proposed park development conforms, or can be made to conform through the imposition of conditions, with all of the following criteria:

(a) The proposed park or park building facility is located within the Public Park zone.

(b) The proposal is substantially consistent with the Leisure Services Plan of the Comprehensive Plan.

(c) The proposal complies with all applicable provisions of all city ordinances or the Planning Commission has approved an exception as provided in Section 10.186.

(d) The proposal addresses the mitigation of impacts as described in 10.185(2).

(2) Special Conditions. In authorizing a Park Development Review approval, the Planning Commission may impose any of the following conditions to ensure compliance with the standards of the code, and to otherwise ensure the general welfare of the surrounding area and the community as a whole:

(a) Modify the manner in which the park operates, including restricting the time an activity may occur, restraints to minimize noise, vibration, air pollution, glare, and odor;

(b) Establish a special setback;

(c) Modify the height, size, bulk, or location of a building or other structure; this can be accomplished with changes in: building orientation and articulation, surface materials, windows, doors, and other architectural features;

(d) Designate the size, number, location, or nature of vehicular access points;

(e) Modify the improvements within the street right-of-way;

(f) Designate the size, location, screening, drainage, surfacing, or other improvement of the parking areas;

(g) Designate the location, surfacing, or type of bicycle parking;

(h) Limit or increase the number of vehicular and bicycle parking spaces;

(i) Limit the number, size, location, height, or lighting of signs;

(j) Limit the number, location, height, directional orientation, and intensity of exterior lighting;

(k) Require the installation of landscaping, walls, or fences or other methods of screening and buffering; designate the size, height, location, or materials of fencing;

(l) Increase or decrease the amount of landscaping on the site;

(m) Protect, restore, and retain existing natural features.

(3) Modifications of a Park Development Review.

(a) Major Modification. Any modification that is not a minor modification is a major modification. A request to substantially modify a Park Development Review shall be processed in the same manner as a request for a Park Development Review in Section 10.185. For existing park facilities with conditional use permit approvals issued prior to the creation of the Park Development Review process, the review shall be limited to the new or expanded park uses or development. Previously approved uses or development under the conditional use permit process shall be incorporated into the Park Development Review decision in order to combine existing and new approvals under this land use procedure. The Planning Director may waive submittal requirements deemed unnecessary or inapplicable to the proposal.

(b) Minor Modification. A minor modification to an approved Park Development Review or prior conditional use permit approval may be approved by the Planning Director provided the Planning Director determines that the modification does not constitute a major modification. The purpose of the determination is to assure that a modification does not significantly affect other property or uses; will not cause any deterioration or loss of any natural feature, nor significantly affect any public facility. A minor modification is an alteration or change to an approved plan that does not:

(i) Conflict with any required Code and other legal requirements (the proposal must meet all Land Development Code and other legal requirements);

(ii) Relocate vehicle access points and parking areas where the change will generate an impact that would adversely affect off-site or on-site traffic circulation;

(iii) Reduce or eliminate any significant natural resources (streams, creeks, landform).

(iv) Conflict with adopted facility and utility plans;

(v) Permit new accessory buildings larger than 1,000 square feet;

(vi) Permit open-aired picnic shelters/canopies larger than 1,500 square feet;

(vii) Allow a path or trail within a riparian area (paths or trails within existing parks or parks property, outside of the riparian area, are allowed);

(viii) Remove, modify, or reduce previously approved mitigation measures, including but not limited to fencing or landscaping;

(ix) Modify any condition of approval.

(4) Expiration of a Park Development Review.

(a) Within three (3) years following the final order date, substantial construction on the development shall be initiated, or if a use, the use shall have commenced operation. If a request for an extension is filed with the planning department within three (3) years from the approval date of the final order, the approving authority (Planning Commission), may, upon written request by the applicant, grant a single extension of the expiration date for a period not to exceed two (2) years from the expiration date of the final order. An extension shall be based on findings that the facts upon which the Park Development Review was first approved have not changed to an extent sufficient to warrant refiling of the Park Development Review application.

(b) When it is the intent to complete an approved project in phases, the approving authority may authorize a time schedule for the issuance of building permits and for the commencement of phases for a period of eight (8) years, but in no case shall the total time period be greater than eight (8) years without having to resubmit a new application for Park Development Review.

(5) Park Development Review Application Form. An application for a Park Development Review shall contain the following:

(a) Vicinity map drawn at a scale of l" = 1,000' identifying the location of the proposed site.

(b) Assessor's map with subject site identified.

(c) Site plan drawn to scale on an eighteen inch by twenty-four inch (18" x 24") sheet. The site plan shall identify all existing and proposed buildings, parking, drives, vegetation and/or landscaping, and adjacent development.

(d) Property owner's and agent's (if any) names, addresses, and map and tax lot numbers of property within 200 feet of the subject site, typed on mailing labels.

(e) Findings prepared by the applicant or his/her representative addressing the criteria set forth in Section 10.185(1), Park Development Review Criteria.

(f) A conceptual stormwater facility plan with associated landscape plan, if applicable, pursuant to Sections 10.486(2) or 10.729(2).

(g) A Landscape Plan, drawn to scale, showing existing and proposed landscaping.

[Repealed Sec. 65, Ord. No. 2018-64, Jun. 21, 2018 (effective Jul. 23, 2018); Added Sec. 8, Ord. No. 2018-86, Jul. 19, 2018; Amd. Sec. 7, Ord. No. 2018-133, Dec. 6, 2018; Amd. Sec. 4, Ord. No. 2019-91, Aug. 1, 2019; Amd. Sec. 2, Ord. No. 2020-63, Aug. 20, 2020.]