(a)
Construction of new buildings in all zones, and exterior additions
to existing buildings in all commercial and industrial zones shall
require that the planning commission first make a finding that the
proposed new building/exterior addition is in conformity with both
the intent and provisions of this title. Structures associated with
the drilling for and/or production, handling, storage, extraction
and removal of oil, gas and other hydrocarbons shall be subject to
development plan review regardless of the zone within which they are
located.
(b)
Exceptions.
(1)
Exterior additions less than ten (10) percent of total square footage of existing buildings in commercial and industrial zones may be approved pursuant to the provisions of Section 23.75.015 of this code.
(2)
Construction of commercial or industrial facilities on a legal parcel consisting of one (1) acre or less as long as all development standards of the zoning district are met and upon approval pursuant to the provisions of Section 23.75.015 of this code.
(Prior code § 25-185; Ord. 68-O-116 § 1, 1968; Ord. 69-O-113 § 5, 1969; Ord. 85-O-101, 1985; Ord.
92-O-119 § 1, 1992; Ord.
O-2009-09 § 2, 2009; Ord.
O-2014-07 § 3, 2014)
(a)
Unless otherwise specified in this title, a site plan review application shall be required for all new development. The applicant shall submit a site plan review application to the development services manager or designee and shall pay a fee as established by resolution of the city council. The development services manager or designee shall determine the provisions of Section 23.75.020 applicable to said application.
(b)
Unless otherwise specified in this title, the site plan shall be
reviewed by the development services manager or designee for conformity
with the provisions of the zone in which the development is to occur.
(Ord. O-2009-09 § 5, 2009)
The following criteria are established as minimum standards
to be considered by the planning commission in reviewing plans submitted
prior to the approval of such plans:
(1)
That the development, buildings or structures will conserve property
values, promote the direction of building development according to
this title, and will not be detrimental to the character of the zone
in which the development is proposed, or to suitability of the zone
for the particular uses proposed, nor to the character of buildings
already erected in the district;
(2)
That the proposed development indicates adequate consideration for
the other existing or contemplated uses of land in the general area
and for the orderly development of the general area;
(3)
That the design, functional plan and exterior architecture of the
proposed structure will not be at variance with either the design,
functional plan or exterior architecture of the structures already
constructed or being constructed in the zone district and the immediate
neighborhood of the proposed site as to cause a substantial depreciation
of property values in the neighborhood;
(4)
That the plans indicate the manner in which adjacent structures are
protected against noise, vibration and other factors which tend to
make the environment less desirable and that such methods are reasonably
efficient and satisfactory;
(5)
That all of the provisions of this title are complied with;
(6)
That the following are so arranged that traffic congestion is avoided,
pedestrian and vehicular safety and welfare are protected, and there
will be no adverse effect on surrounding property:
(7)
That the proposed lighting is arranged so as to reflect the light
away from adjoining properties;
(8)
That proposed signs or outdoor advertising structures will not, by size, location, color or lighting, interfere with traffic or limit visibility or depreciate the value of adjoining property or the neighborhood and shall conform to the sign regulations, contained in Chapter 23.90;
(9)
That the proposed landscaping shall be designed to enhance the visual and physical use of the property, screen deleterious uses, and in applicable development projects, will incorporate xeriscape principles in accordance with the provisions of Chapter 23.77;
(10)
That a solid masonry wall shall be provided around the perimeter of all sites proposed for development. Additionally, all residential lots shall be provided with a solid masonry wall along the rear and side property lines. All walls shall conform to the height regulations contained in Section 23.81.100. Wall requirements may be specified or waived in part or total by a majority vote of the total membership of the planning commission or city council;
(11)
That off-street parking facilities shall be provided in conformance to the requirements of Chapter 23.78, and shall be designed in such a manner as to provide convenient access to all buildings;
(12)
That there shall be a ten (10) foot landscape buffer containing evergreen trees wherever a commercial or industrial zone abuts a residentially zoned district. The evergreen trees shall be of a low-water consuming variety in accordance with the provisions of Chapter 23.77;
(13)
That there shall be provisions for trash collection areas within
one hundred (100) feet of each building. Said trash collection areas
shall be constructed in accordance with the standard plans on file
in the office of the chief building official.
(Prior code 25-186; Ord.
68-O-116 § 1, 1968; Ord.
88-O-124 § 2, 1988; Ord.
91-O-108 § 2, 1991)
Applications for site development approval shall be accompanied
by the application fee as prescribed by city council resolution and
sixteen (16) sets of plans including plot plans, elevations, and landscape
plans.
The site plan shall be drawn to scale and shall indicate clearly
and with full dimensioning the following information:
(1)
Lot dimensions and easements;
(2)
All buildings and structures; location, size, height, materials,
colors, and proposed use;
(3)
Yards and space between buildings;
(4)
Walls and fences; location, height, materials and color;
(5)
Off-street parking delineated as to: location, number of spaces and
dimensions of parking area, internal circulation pattern, and wheel
stops;
(6)
Detailed grading and drainage plans;
(7)
Access: pedestrian, vehicular, service, points of ingress and egress;
(8)
Signs, location, size and height;
(9)
Loading, location, dimensions, number of spaces, internal circulation;
(10)
Lighting, location and general nature, hooding devices;
(11)
Street dedications and improvements;
(12)
Landscaping, including names, types and sizes of plant materials
to be used;
(13)
Irrigation system indicating type of system, location of water mains,
and location and control valves and hose bibbs;
(14)
Such other data as may be required to permit the planning commission
to make the required findings.
(Prior code § 25-187; Ord. 68-O-116 § 1, 1968; Ord. 72-O-103 § 3, 1972; Ord. O-2007-07 § 34, 2007)
(a)
Public Hearing. The planning commission or, if the matter has been appealed pursuant to Section 23.75.050, the city council, as the case may be, shall hold a public hearing.
(b)
Notice of Public Hearing.
(1)
Mail or Delivery. Notice of hearing shall be mailed or delivered
at least ten (10) days prior to the hearing to the owner of the subject
real property or the owner’s duly authorized agent, the project
applicant, each local agency that provides facilities and services
whose ability to provide those services may be significantly affected,
and all owners of real property as shown on the latest equalized assessment
roll within a three hundred (300) foot radius of the exterior boundaries
of the real property that is the subject of the hearing.
(2)
Post. Ten (10) days prior to the hearing, notice of the hearing shall
be posted in at least three (3) public places within the city including
at least one (1) place on or near the real property that is the subject
of the hearing.
(c)
Failure to Receive Notice. Failure of any property owner to receive
such notice shall not alter the validity of the hearing.
(Ord. 89-O-130 § 1, 1989; Ord. 91-O-119 § 4, 1991)
The planning commission shall approve the application for site
development approval only if:
(2)
There have been attached any other conditions necessary to prevent:
(A) detriment to the health, safety or general welfare of the persons
residing or working within the neighborhood of the proposed development
or within the city, or (B) injurious to the property or improvements
within the neighborhood or within the city, and;
(3)
The proposed development will be consistent with the latest adopted
general plan; and
(4)
Conditions necessary to secure the purposes of this section, including
guarantees and evidence of compliance with conditions, are made part
of the development approval.
(Prior code § 25-188; Ord. 68-O-116 § 1, 1968; Ord. 75-O-109, 1975; Ord.
94-O-103 § 4, 1994)
(a)
The decision of the planning commission shall be final unless appealed in writing to the city council by the applicant or any other interested person (as defined in Chapter 23.04) within ten (10) calendar days. The letter of appeal shall be accompanied by a processing fee as established by city council resolution. The letter shall be filed with the city clerk’s office.
(b)
Any member of the city council may appeal the decision of the planning
commission in writing within ten (10) calendar days. The letter shall
be filed with the city clerk’s office.
(c)
There shall be a hearing before city council and notices, given as provided in Section 23.75.035(b) and (c), shall apply.
(d)
The city council shall make its own determination as to whether the proposed development meets the standards outlined in Section 23.75.040 and may approve, modify or disapprove the decision of the planning commission. Any significant modification of the proposed development, not previously considered by the planning commission during its hearing, may be, but is not required to be, referred to the planning commission for report and recommendation. The planning commission shall not hold a public hearing on the proposed modification. Failure to report on the proposed modification within forty (40) days, or such longer period as the council may designate, shall be deemed an approval of the proposed modification.
(Prior code § 25-189; Ord. 68-O-116 § 1, 1968; Ord. 75-O-109, 1975; Ord.
81-O-115, 1981; Ord. 91-O-119 § 5, 1991; Ord. O-2007-07 § 35, 2007)
The approved plans, with any conditions shown thereon or attached
thereto, shall be dated and signed by the planning director. Two (2)
copies of such plans and conditions shall be delivered to the building
inspector, who shall issue a building permit requiring compliance
with the approved plans and conditions.
(Prior code § 25-189.1; Ord. 68-O-116 § 1, 1968)
Minor alterations to approved plans prior to occupancy release
may be approved by the director of development services when construction
according to the approved plans is not feasible and when the deviation
from approved plans will, in the opinion of the director, fulfill
the objectives of the initial approval. Alterations to an approved
site plan which are of a more significant nature shall be considered
pursuant to the procedures set forth in this chapter for initial site
development approval.
(Prior code § 25-189.2; Ord. 68-O-116 § 1, 1968; Ord. 76-O-117 § 2, 1976; Ord. 85-O-101, 1985)
(a)
Any site development approval granted in accordance with the terms
of this title shall expire if not used within two (2) years from the
date of final approval.
(b)
Upon application filed prior to the expiration of the approved site
development, the time at which such site development expires may be
extended by the planning director for a period not exceeding one (1)
year.
(c)
If the planning director denies the application for extension, the
applicant may appeal to the city council within ten (10) calendar
days after denial by the planning director by filing with the city
clerk a letter of appeal accompanied by a processing fee as established
by city council resolution.
(d)
A site development approved in conjunction with a vesting tentative
map shall expire at the time that the corresponding map expires. If
an extension is granted for the map, the same extension shall automatically
be granted for the site development.
(e)
When a final vesting subdivision map has been recorded for a project,
the accompanying site development approved in conjunction with the
map shall remain in effect.
(Ord. 77-O-111 § 2, 1977; Ord. 79-O-109 § 1, 1979; Ord. 83-O-119 § 1, 1983; Ord. 93-O-110 § 6, 1993; Ord. 93-O-114 § 1, 1993; Ord. O-2007-07 § 36, 2007)
