Note: Prior ordinance history: Ords. 601, 756 and 94-884.
The purpose of this chapter is to establish a procedure which
will enable the planning commission and/or community development department
to review certain property development proposals within the city in
order to ensure the best and most appropriate site development of
property in certain zoning districts. It is intended that such uses
and site design shall not be detrimental to the neighborhood or city
in general, and shall not be detrimental or injurious to the value
of property or improvements of the neighborhood or city in general.
(Ord. 97-917 § 2, 1997)
The community development department shall prescribe the form
and scope of applications and necessary accompanying data.
(Ord. 97-917 § 2, 1997)
Applications for site plan review shall be filed in the community
development department. Such application shall be made by the owner
of the property or the property owner's authorized agent. If the applicant
is not the property owner, a letter from the property owner authorizing
the agent to act on his behalf shall accompany the application.
(Ord. 97-917 § 2, 1997)
The following public notice and hearing shall be provided:
A.
When a site plan review requires planning commission action, a public hearing and notice shall be provided in accordance with Section 19.87.090.
(Ord. 97-917 § 2, 1997)
In acting upon any site plan application, the planning commission
and/or Community development department shall consider factors including,
but not limited to, the following:
A.
That
the proposed use does not have any detrimental effect upon the general
health, welfare, safety and convenience of persons residing or working
in the neighborhood, or is not detrimental or injurious to the value
of the property and improvements in the neighborhood;
B.
That
the proposed use does not adversely affect the general plan or local
coastal program;
C.
That
the proposed use is compatible with other existing and proposed uses
in the neighborhood;
D.
That
the location, site layout and design of the proposed use properly
orients the proposed structures to streets, driveways, sunlight, wind
and other adjacent structures and uses in a harmonious manner;
E.
That
the combination and relationship of one proposed use to another on
the site is properly integrated;
F.
That
access to and parking for the proposed use does not create any undue
traffic problem;
G.
That
all other applicable provisions of this title are complied with;
H.
Any
other considerations, as the planning commission and/or community
development department deem necessary, to preserve the health, welfare,
safety and convenience of the city in general.
(Ord. 97-917 § 2, 1997)
A.
Plot
Plan. The plot plan shall indicate:
1.
Location
of buildings and structures, both existing and proposed;
2.
Location
of off-street parking and loading facilities;
3.
Location
and dimensions of present and proposed street and highway dedications
required to handle the traffic generated by the proposed uses. Where
denoted in the circulation element of the general plan, street ending
design shall be provided in accordance with the city's adopted street-ending
improvement policy;
4.
Location
of walls, fences and hedges, and the indication of their height and
the materials of their construction; and
5.
Location
of refuse and recycling collection/enclosures and an indication of
the height and the materials of their construction.
B.
Lighting
Plan. The lighting plan shall indicate exterior lighting standards
and devices. The lighting plan shall be adequate to review possible
hazards and disturbances to the public and adjacent properties.
F.
Architectural
and Engineering Data. The site plan application shall include such
other architectural and engineering data as may be required to permit
necessary findings that the provisions of this code are being complied
with.
G.
Waiver
of Requirements. Any of the above requirements may be waived by the
community development department if the information is deemed not
essential.
H.
Proposed
Attachment or Addition to Existing Building. Where an attachment or
minor addition to an existing building or structure is proposed, the
plan shall indicate the relationship of such proposal to the existing
development.
(Ord. 97-917 § 2, 1997)
The Community Development Department or Planning Commission
as the case may be may approve a Site Plan if it finds that all conditions
for Site Plan Review, the General Plan, the Local Coastal Program
and the development standards for such use will be complied with.
(Ord. 97-917 § 2, 1997)
The Community Development Department or Planning Commission
as the case may be may deny a Site Plan if it finds that any of the
conditions for Site Plan Review, the General Plan, the Local Coastal
Program or the development standards for use will not be complied
with.
(Ord. 97-917 § 2, 1997)
The Community Development Department or Planning Commission
as the case may be, may conditionally approve a Site Plan when it
finds that the conditions will bring the Site Plan into conformance
with the General Plan, the Local Coastal Program and the development
standards for such use.
(Ord. 97-917 § 2, 1997)
The Community Development Department may refer, at the director's
discretion, the Site Plan Review application to the Planning Commission
for review and action.
(Ord. 97-917 § 2, 1997)
In approving, conditionally approving or denying a Site Plan,
the Planning Commission shall specify the facts relied upon in rendering
a decision.
(Ord. 97-917 § 2, 1997)
Site plans shall not become effective for ten days after being
granted, and in the event an appeal is filed or a challenge is issued
by the City Council, such Site Plan shall not become effective until
a decision is made by the City Council on such appeal.
(Ord. 97-917 § 2, 1997)
Any person may appeal a decision or requirement of the Planning
Commission or the Community Development Department to the City Council,
and the City Council or any member thereof may request in writing
a hearing before the City Council to consider any decision, determination
or requirement of the Planning Commission or Community Development
Department.
(Ord. 97-917 § 2, 1997)
All appeals or challenges shall be filed with the City Clerk
within ten days after the decision of the Community Development Department
or Planning Commission, as the case may be.
(Ord. 97-917 § 2, 1997)
Any appeal or challenge shall be in writing and shall specify,
in detail, any grievance, error of decision, or requirement of the
Planning Commission or Community Development Department.
(Ord. 97-917 § 2, 1997)
All appeals to the City Council shall be filed with the City
Clerk.
(Ord. 97-917 § 2, 1997)
Any decision or requirement of the Planning Commission or Community
Development Department that is appealed to or challenged by the City
Council or any member thereof, shall be set for public hearing before
the City Council. Such hearing shall be held at the earliest possible
regular City Council meeting, with public notification as required.
(Ord. 97-917 § 2, 1997)
The City Council may continue the public hearing to another
date without giving further notice thereof, if such date is announced
at the public hearing.
(Ord. 97-917 § 2, 1997)
The City Council may, after public hearing, affirm, reverse
or modify the Planning Commission's or the Community Development Department's
decision. Furthermore, the City Council may make any additional determination
or requirement it considers appropriate.
(Ord. 97-917 § 2, 1997)
Any approval of a Site Plan review shall expire within one year
of such approval except where substantial construction or use of the
property in reliance on such Site Plan review approval has commenced
prior to its expiration. If substantial construction and use of the
property in reliance on a Site Plan Review approval has not commenced
within the one-year period, such period may be extended by the Community
Development Department, Planning Commission or City Council as appropriate,
for a period not exceeding six months for each application, up to
a maximum of two years from the date of original approval.
(Ord. 97-917 § 2, 1997)
An application for an extension shall be made no sooner than
sixty days and no later than thirty days prior to the expiration date
of the original approval. If the Community Development Department,
Planning Commission or City Council as appropriate has not acted on
an extension application prior to the project expiration date, the
applicant shall not be deemed to have an approved extension application,
but the original project approval shall be deemed not to have expired
until the time when the extension application has been acted upon.
Application for an extension of a Site Plan review shall be in accordance
with the requirements established by the Community Development Department.
(Ord. 97-917 § 2, 1997; Ord. 2002-981 § 7, 2002)
The Community Development Department shall review and evaluate
the requested extension of Site Plan Review. Within thirty days of
receipt of the application, the application shall be scheduled for
action by the Community Development Department, Planning Commission
or City Council, depending on which body most recently acted upon
the project being considered for extension.
A.
The
Community Development Department, Planning Commission or City Council
may approve, conditionally approve, or deny the extension if all of
the following are true:
1.
All
applicable provisions of this title originally placed on the project
as a condition of approval for development are still in force at the
time of the requested extension, or that changes in or additions to
the resolution of approval have enabled the previously approved project
to be in conformance with the code;
2.
That
no change in circumstances has occurred which would cause the originally
approved Site Plan review to be in substantial conflict with the current
development regulations; and
(Ord. 97-917 § 2, 1997)
