A.
The
purposes of the site plan review process are to enable the planning
commission to make a finding that the proposed development is in conformity
with the intent and provisions of this chapter, and to guide the building
official in the issuance of building permits. More specifically, site
plan review is provided to ensure the following:
1.
That structures, parking areas, walks, refuse containers, landscaping
and street improvements are properly related to their sites and to
surrounding sites and structures;
2.
To prevent excessive grading of the land and creation of drainage
hazards;
3.
To prevent the indiscriminate clearing of property and the destruction
of trees and shrubs of ornamental value;
4.
To avoid unsightly, inharmonious, monotonous and hazardous site development,
and to encourage originality in site design and development in a manner
which will enhance the physical appearance and attractiveness of the
community. The site plan review process is intended to provide for
expeditious review of environmental impact assessments required by
official policy of the city and laws of the state.
B.
Site
plan review provisions of this chapter shall apply to the following
uses:
1.
Any use within the RCO, UR-ST, R, RM, P, P/QP, C and I zone districts,
excepting single-family residential use, which is to be constructed
on a residential site with complete street improvements;
2.
Any use subject to an environmental impact assessment under applicable
provisions of city policy as adopted by resolution pursuant to the
California Environmental Quality Act of 1970, as amended.
C.
Minor
Changes in Property Use or Change in Occupancy.
1.
Minor changes in property use or occupancy that do not warrant full site plan review as determined by the planning department will be required to make reasonable minor improvements or upgrade existing improvements under the provisions of Chapter 17.101.
2.
Minor changes in property use or occupancy that are obviously in a neglected state of repair or maintenance, as determined by the department, will be required to be processed as a site plan review and be required to totally upgrade the property under the provisions of Section 17.100.040.
(Prior code § 187.01; Ord. 18-384 § 1; Ord. 23-449, 11/13/2023)
The applicant shall submit prints of the site plan, drawn to
scale, and one copy reduced to dimensions of eight and one-half inches
by 11 inches, or 11 inches by 17 inches, which shall indicate clearly
and with full dimensions the information prescribed by the planning
director. Such information may include, but shall not be limited to
the following:
A.
Lot
or site dimensions;
B.
All
buildings and structures, including location, size, height and proposed
use;
C.
Yards
and space between buildings;
D.
Walls
and fences, including location, height and materials;
E.
Off-street
parking and off-street loading, including location, number of spaces
and dimensions of parking and loading areas, and internal circulation
pattern;
F.
Access,
pedestrian, vehicular, service, points of ingress and egress, and
internal circulation;
G.
Signs;
the location, size, height and type of illumination, if any, including
hooding devices;
H.
Lighting,
including location and general nature, and hooding devices;
I.
Names
of all adjacent streets, roads or alleys, showing rights-of-way and
dedication widths, reservation widths, and all types of improvements
existing or proposed;
J.
Landscaping,
including location, type, size and botanical name of plants and method
of irrigation;
K.
Refuse
enclosures, location, type and material;
L.
North
arrow, scale of drawing and name, address and phone number of the
person who prepared the site plan;
M.
Such
other data pertaining to site development as may be required by the
planning commission to make the required findings.
(Prior code § 187.02)
A.
Within
15 working days after submission of the site plan, the planning director
shall review the site plan. If the director determines that the site
plan cannot be approved without the granting of a variance or use
permit, or the enactment of an amendment to this chapter, the director
shall inform the applicant, and shall not act on the application until
proper application for a variance or an amendment has been filed with
the director and acted upon as prescribed by this chapter.
B.
Except as provided under subsection A above, or if a longer period is required to meet the requirements of Section 17.100.080, within 25 working days after the submission of the site plan, the planning commission shall approve, approve with conditions, or disapprove the site plan. In approving the site plan, the commission shall make the findings prescribed under Section 17.100.050.
C.
The
approved site plan, with any conditions shown thereon or attached
thereto, shall be dated and signed by the planning director, with
one copy mailed to the applicant and one copy filed with the building
official.
D.
Revisions
by the applicant to an approved site plan shall be resubmitted to
the department in the manner required for drawings first submitted.
(Prior code § 187.03)
In recommending approval of a site plan, the director shall
state those conditions of approval necessary to protect the public
health, safety and general welfare. To the extent applicable, such
conditions shall include consideration and/or requirement of the following:
A.
Special
yards, spaces and buffers;
B.
Fences
and walls;
C.
Surfacing
of parking areas and provisions for surface water drainage subject
to city specifications;
D.
Requiring street dedications and improvements, subject to the provisions of Section 17.100.060, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees, and other development fees when applicable;
E.
Regulation
of points of vehicular ingress and egress;
G.
Requiring
maintenance of the grounds and the undergrounding of utilities;
H.
Requiring
landscaping and refuse enclosures and maintenance thereof;
I.
Regulation
of noise, vibration, odors and other similar characteristics;
J.
Measures
necessary to eliminate or to effect mitigation to acceptable levels
of environmental impact;
K.
Regulation
of time for certain activities to be conducted on the site;
L.
Regulation
of the time period within which the proposed use shall be developed;
M.
A
bond, deposit of money, recorded lien secured by deed of trust, or
letter of credit for the completion of street and site improvements
and other facilities or for the removal of such use within a specified
period of time to assure conformance with the intent and purposes
set forth in this chapter;
N.
Such
other requirements which reasonably may be required by the planning
commission consistent with the purposes of this subchapter.
(Prior code § 187.04)
A.
In
taking action on a proposed site plan, the planning commission shall
make all of the following findings:
1.
That the site plan complies with all applicable provisions of this
chapter;
2.
That the following are so arranged that traffic congestion is avoided
and that pedestrian and vehicular safety and welfare are protected,
and there will not be adverse effect on surrounding property:
a.
Facilities and improvements,
b.
Vehicular ingress, egress, internal circulation and off-street parking
and loading,
c.
Setbacks,
d.
Height of buildings,
e.
Location of service,
f.
Walls and fences,
g.
Landscaping, including screen planting and street trees,
h.
Drainage of site,
i.
Refuse enclosures;
3.
Proposed lighting is so arranged as to deflect the light away from
adjoining properties;
5.
That adequate provision is made to reduce adverse or potentially
adverse environmental impacts to acceptable levels.
B.
In
making the above findings, the planning commission shall determine
that approvals will be consistent with established legislative policies
relating to traffic safety, street dedications and street improvements,
environmental quality, and to zoning, fire, police, building and health
codes.
(Ord. 92-73)
Because of changes that may occur due to drainage conditions,
utility service requirements, or vehicular traffic generated by facilities
requiring a site plan review, the following dedications and improvements
may be deemed necessary and may be required as a condition or conditions
to the approval of any site plan:
A.
If
the development borders or is otherwise traversed by an existing street,
or borders or is otherwise traversed by a street proposed to be constructed
pursuant to the city general plan or an adopted precise plan line,
the applicant may be required to:
1.
Dedicate all necessary rights-of-way to widen or establish a bordering
minor or collector street to the extent of one-half the ultimate width
established by the city as the standard for such minor or collector
street, or the full extent required for a frontage road, pursuant
to the city's general plan or an adopted precise plan line;
2.
Dedicate all necessary rights-of-way to widen or establish a traversing
minor or collector street to its ultimate width established by the
city as the standard for such minor or collector street, pursuant
to the city's general plan or an adopted precise plan line;
3.
Dedicate all necessary rights-of-way to widen or establish a bordering
or traversing arterial street to the standards of width established
by the city for the arterial street pursuant to the city's general
plan or an adopted precise plan line;
4.
Set back all facilities the required distance from ultimate property
lines along an arterial street as shown on any master, official or
precise plan of streets and highways, or by the city's general plan;
5.
Install curbs, gutters, sidewalks, street signs, street lights and
street trees along one side of a bordering or along both sides of
a traversing minor, collector or arterial street;
6.
Install utilities and drainage facilities to the full extent of the
service requirements generated by the development;
7.
Grade and improve traversing minor or collector streets from curb
to the center line of the ultimate right-of-way;
8.
Grade and improve traversing minor or collector streets from curb
to curb;
9.
Grade and improve the parking lane and one traffic lane adjacent
to the development, or the full half width along a bordering arterial
street;
10.
Grade and improve both parking lanes and the two outside traffic
lanes, or the full width of a traversing arterial street.
B.
The
extent of improvements required for arterial street improvements will
be based on the extent of traffic generated by the proposed project,
with reimbursement by agreement with the city to be provided where
the extent of improvement is greater than that generated by the proposed
project.
F.
All
improvements shall be to city standards existing at the time the site
plan is approved, and shall be installed at the time of the proposed
development. Where it is determined by the city that it is impractical
to put in any or all improvements at the time of the proposed development,
an agreement to make such improvements may be accepted in lieu thereof.
In any event, the applicant shall enter into an agreement with the
city for the provision of improvements before a building permit may
be issued, at which time there shall be money deposited with or in
favor of the city, or a letter of credit or performance bond posted
with the city, in an/amount equal to 150% of the estimated cost of
improvements, as estimated by the city engineer, to guarantee the
making of such improvements.
G.
Street
dedications and improvements which may be required by this section
shall be considered only on the principle that they are required as
near as practical in proportion to the traffic, utility and other
demands generated by the proposed development.
(Ord. 92-73; Ord. 00-185 § 1)
Appeal of the approving authority's action on the request for site plan review entitlement shall be made in accordance with the procedures specified in Chapter 17.125, Appeals.
(Ord. 92-73; Ord. 19-405 § 1)
A.
Environmental
Impact Assessment. A site plan approved pursuant to the provisions
of this chapter shall be considered in relation to requirements of
city policy governing the preparation of environmental impact assessments
(EIAs), including initial studies prepared as a basis for a determination
for a negative declaration or an environmental impact report (EIR).
It is the intent of this chapter that an initial study/environmental
impact assessment be made concurrently with, and as part of the site
plan review process, and that a site plan may be approved with conditions
that will permit the city council to find that the proposed project
will not have significant adverse physical effects on the environment
and that a negative declaration should be prepared.
B.
Environmental
Impact Reports. Where it is determined by the city that an EIR is
required for a proposed project, action on a proposed site plan shall
be deferred until such time as the EIR has been prepared and reviewed
pursuant to provisions of the city's guidelines and state law. The
planning commission shall, at the completion of the EIR review, attach
such conditions to the approval of the site plan as in their judgment
or the judgment of the city council will mitigate or reduce to acceptable
levels any of the environmental impacts identified during review of
the EIR. The planning commission may deny a site plan if it is found
that such mitigation or reduction of environmental impacts is not
feasible.
C.
Monitoring
Program to Assure Compliance with Mitigation Measures.
1.
As a condition of the agreement between the city and the applicant,
or as a condition of site plan approval, the city shall institute
an EIR mitigation monitoring program to meet the requirements of AB
3180 (codified as Public Resources Code Section 21081.6, and as may
be amended). Mitigation monitoring shall take place during all successive
review procedures of the building construction and land development
process, including at the time of plan checking for buildings and
public and private improvements, during field inspection of construction,
at the time of the issuance of an occupancy permit, and during ensuing
operations of the project after project completion.
2.
The ultimate responsibility for the monitoring of mitigation measures
shall rest with the city. However, to the extent practical, short-term
or on-going responsibility may be shared by the city with the party
responsible for project management and operation after project completion,
and especially where ongoing operations are required to meet specific
standards. The initiation and conduct of an adequate mitigation monitoring
program shall apply to a project approved with a mitigated negative
declaration or to an EIR.
(Ord. 92-73)
Before a building permit shall be issued for any building, structure
or sign proposed as part of an approved site plan, the building official
shall determine that the proposed building location, facilities and
improvements are in conformity with the approved site plan and any
applicable mitigation monitoring agreement. Before a building may
be occupied or a sign erected, the building official shall certify
to the planning department that such improvements have been made in
conformity with the plans, programs and conditions approved by the
planning commission and/or city council.
(Ord. 92-73)
A site plan approval shall lapse and shall become void 36 months
following the date on which approval by the planning commission or
city council became effective unless, prior to the expiration of 36
months, a building permit is issued by the building official and construction
is commenced and diligently pursued toward completion of the site
or structures which were the subject of the site plan.
Approval may be extended for an additional period not to exceed
12 months upon written application to the approving body before expiration
of the first approval. Notwithstanding, if a development agreement
has been adopted for a subject site, the expiration date of subsequent
project approvals may be set forth in the development agreement.
The period of time specified in this section shall not include
any period of time in which the city is precluded from approving discretionary
permits, discretionary entitlements, and/or ministerial permits related
to urban level flood protection pursuant to Government Code Section
65962.
(Ord. 92-73; Ord. 96-136; Ord. 97-151; Ord. 16-361 § 1)
The revocation of a site plan shall be governed by the provisions of Section 17.112.120.
(Ord. 92-73; Ord. 22-431 § 1)
A site plan approved pursuant to the provisions of this chapter
shall run with the land, and shall continue to be valid upon a change
of ownership of the site which was the subject of the site plan.
(Ord. 92-73)
A site plan granted under the provisions of this chapter may be revised as to features of the site plan previously approved; provided, that such provisions are minor as determined by the planning director in accordance with Chapter 17.101: Minor Site Plan Review.
(Ord. 92-73; Ord. 18-384 § 1)
