The purpose of the site plan review process is to assist the property owner in obtaining the best utilization of their property in accordance with sound land use planning and design criteria, and to enable the planning agency to ensure that the proposed development is in conformance with the intent and provisions of all applicable city regulations and policies.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

(a)

No person shall undertake, conduct or use, or cause to be undertaken, conducted or used, any development projects which require site plan review, without having first complied with the provisions of this article.

(b)

The following uses have been determined to be exempt from site plan review requirements:

(1)

Interior remodels that do not result in substantial changes in the character of the occupancy or use, or cause greater impact on traffic or waste disposal, as determined by the building official with concurrence from other affected city departments;

(2)

Alterations to building facades not resulting in significant changes of use, drainage patterns, parking, traffic, easements, or greater impacts on infrastructure and public services, as determined by the building official and city planner with concurrence from other city departments;

(3)

Repair and maintenance of structures or parking areas, unless constrained by existing waste disposal systems and existing drainage patterns and/or easements;

(4)

Replacement and/or repair of a structure partially destroyed by fire, flood or other natural occurrence, when the repair of such structure is determined by the building official to be consistent with the design, use and intensity of the original structure, and consistent with the zoning and general plan designations;

(5)

Single-family residential development (one residence per parcel), on previously subdivided parcels.

(6)

Duplex, attached or detached (two residences per parcel), on previously subdivided parcels.

When an application is filed for a use that is no more intensive than the original use, but progresses into a more intense use than originally proposed (i.e., subsections 1 through 5 above), the applicant shall cease the improvements until advising the city of the change of use for determination of whether a Site Plan Review is required. Failure to do so may be subject to section 19.05.110 below.

(c)

Where permitted by the zone and unless otherwise specified, site plan review and approval for the following development application proposals will be through the administrative review with notice procedure, pursuant to section 19.05.060. Examples shall include, but not be limited to the following:

(1)

Residential development of two, three or four dwelling units;

(2)

Additions to existing multiple residential, commercial or industrial structures which will result in an increase in total floor area;

(3)

Revisions to previously approved site plans;

(4)

Projects involving a change or intensification of land use, such as the conversion of an existing building to a restaurant, or the conversion of a residential structure to an office or commercial use, unless such conversion is determined by the city planner to be inconsistent with the zoning and general plan, and may result in additional impacts on existing infrastructure and public services;

(5)

Projects which have been recommended for administrative approval by the development review committee, based upon the following criteria:

a.

The project will not have significant or long-range impacts on surrounding properties, city services, or the environment,

b.

The project will not establish a new or different pattern of land uses or intensities in the area,

c.

The project has not generated controversy or opposition, and

d.

The project is consistent with the city's general plan goals, policies and maps.

(d)

Where permitted by the zone and unless otherwise specified, site plan review for the following development application proposals will be through a planning commission public hearing, pursuant to section 19.05.060.

1.

Residential development of more than four dwelling units;

2.

Retail commercial uses;

3.

Office or administrative/professional uses;

4.

Industrial uses;

5.

Wholesale and service commercial uses;

6.

Public or quasi-public uses which are subject to review by the city;

7.

Projects which have been recommended by the planning director or the development review committee to the planning commission for a decision;

8.

Any project which requires preparation of a negative declaration, mitigated negative declaration, or an environmental impact report.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

(a)

Preapplication conference. A conference between appropriate city staff, any referral agencies deemed necessary by the city, and the applicant may be requested by any applicant or may be required by the planning director. The conference shall take place prior to submission of the application, pursuant to section 19.05.070.

(b)

Application submission.

1.

The project applicant must be the property owner or an authorized agent of the property owner.

2.

After a preapplication conference has been held, when required, the applicant shall prepare a comprehensive site plan and complete the required application forms supplied by the city. The applicant shall file said plans and application with the planning department, along with the required fee as adopted by the city council. Information requested on the application form and other processing requirements, including but not limited to number of copies requested, maps, graphics or informational reports and studies, shall be determined by the planning department.

3.

The applicant may be required to clarify, correct or supply additional information before the application is determined by the department to be complete. The department shall not accept a site plan for filing if the application does not conform to the standards as prescribed in this section. Upon making the determination that the application conforms to these standards, the department will notify the applicant in writing that the application has been accepted pursuant to section 19.05.080 of this chapter.

(c)

Site plan. The application shall be accompanied by the required number of site plan maps, drawn at a minimum scale of one inch equals 20 feet, or other scale approved by the planning department, on standard sheets of 24 inches by 36 inches. The site plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information (including but not limited to parking, retaining walls, fences, signs, setbacks, driveways, street improvements, drainage improvements and utilities) which can be graphically depicted on the plan, as specified in the checklist provided by the planning department.

(d)

Drawings and elevations. Elevations showing the general appearance and features of proposed structures shall be submitted, as required on the application checklist.

When required by the planning department, drawings and elevations shall be submitted in addition to those accompanying the site plan, which shall include but not be limited to the following:

1.

Roof overhangs and any other parts of the structures that protrude from the building surfaces;

2.

Uses of each room, or floor plans if required.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

(a)

Site plan approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.

(b)

Site plan approval shall be granted for a period not to exceed thirty-six (36) months from the effective date of the decision; extensions of time to complete compliance with conditions of approval may be granted where warranted, pursuant to section 19.05.090.

(c)

The following requirements may be placed upon the development project by the reviewing authority as conditions of approval:

1.

Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties;

2.

On and off-site improvements, including but not limited to the following:

a.

Grading, drainage and drainage structures necessary to protect the public safety,

b.

Curbs and gutters, street pavement, sidewalks, and traffic control devices; all road improvements are to be constructed pursuant to plans and specifications of the public works department of the city,

c.

Adequate water system and fire protection equipment, pursuant to plans and specifications of the public works department and fire department of the city,

d.

Sanitary sewer facilities and connections,

e.

Services from public utilities where provided,

f.

Street trees,

g.

Landscaping, walls and/or fences, trash enclosures, and lighting fixtures,

h.

Street lights and street name signs,

i.

In addition to the above requirements, the reviewing authority shall require such additional improvements and facilities as determined necessary for the proper development of the site and area.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

The approval authority will determine the merits of the proposed site plan, and its compliance with the principles, standards, policies and goals of the general plan, development code and other applicable codes and ordinances adopted by the city and its subsidiary districts, in order to protect the public health, safety and general welfare. Approval shall be based upon the following minimum criteria, which shall also constitute the findings to be made by the approval authority in approving or denying a site plan:

(a)

The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking areas, fire and building code considerations, and other features pertaining to the application;

(b)

The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances or hazards;

(c)

The proposed use is consistent with the goals, policies, standards and maps of the development code, general plan, and other applicable codes and ordinances adopted by the city;

(d)

The site for the proposed use has adequate access, meaning that the site design incorporates street and highway limitations.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

(a)

Land use applications will be reviewed and approved in accordance with four basic procedures:

1.

Noticed public hearing by the planning commission (any discretionary permit), in which the reviewing authority hears public testimony for and against the land use proposal, reviews evidence and renders its decision;

2.

Administrative review with notice, in which a posted and/or published notice is given to affected and interested parties, followed by a decision by the reviewing authority. The notice shall be designed to ensure that all interested parties are aware of the pending decision and are given a chance to comment before the reviewing authority renders its decision. The reviewing authority shall be the development review committee;

3.

Administrative review without notice, used when land use decisions made by the reviewing authority are based upon standards that have been adopted by the city as law or policy, and the reviewing authority is allowed to render a decision without giving notice to surrounding property owners and other parties. The reviewing authority shall be the development review committee;

4.

Tenant improvement review, used when a proposed land use is to be located within a facility that meets the city's development standards, or when the existing facility has been previously approved for the same or similar use. The reviewing authority is not required to give notice prior to rendering a decision. The reviewing authority shall be the building official, or his or her designee, with concurrence with other city departments.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

(a)

The planning department may require that the applicant submit materials for and attend a preapplication conference to review the development proposal prior to acceptance of the application. The purpose of this conference is to acquaint the city with the intentions of the applicant, to acquaint the applicant with any applicable policies and procedures, to identify city ordinances and improvement standards applicable to the proposal, and to identify any significant development opportunities and/or constraints on the site.

(b)

The preapplication conference shall include an exchange of information concerning the whole of the area intended by the applicant to be developed, even if such development is intended to proceed by stages, whether or not applications for review of the entire project area are made at the time of the initial application.

(c)

Application for a preapplication conference shall be made at the planning department, and shall be accompanied by the appropriate fee as adopted by the city council. The applicant shall submit the required number of copies of a conceptual plan, showing proposed land use types, areas and locations. The conceptual plan shall include sufficient information about the proposal to permit evaluation of the development issues identified in this section.

(d)

The preapplication conference shall address, but not be limited to, the following subject matter:

1.

Subject parcel. Its size, location, dimensions and area; any existing improvements or developments on-site; existing general plan land use designations;

2.

Proposed development project. Uses proposed for the site; type and placement of buildings and other improvements;

3.

Characteristics of the project site and vicinity. Existing and proposed land use designations and development on adjacent parcels; any identified natural or man-made hazards on-site or in vicinity;

4.

Proposed circulation improvements, both on and off-site. Access points and vehicular access ways, parking, loading, and pedestrian circulation;

5.

Public improvements. Type, location and sizes of public facilities likely to be required to support the proposal, including utilities, sewer, water and drainage, along with a plan for providing and maintaining improvements;

6.

Location, amount, type and method of maintenance for proposed open space and landscaped areas;

7.

Community service impacts. Estimated impacts on public services, including schools, parks, fire and police protection, and solid waste disposal.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

The following time limits are established for reviewing land use applications as complete.

(a)

Pursuant to Government Code Section 65943, not later than 30 days after the city has received an application for a development project, it shall determine whether the submitted application materials are complete, and shall transmit such determination to the applicant. Upon receipt of any resubmittal, a new 30-day time period shall begin during which the city shall determine the completeness of the application. If the application together with submitted materials are determined not to be complete, the applicant may appeal the decision to require additional information to the planning commission, as provided for in chapter 19.44 of this title. If the final written determination on the appeal is not made within the time periods within section 19.44.050, the application as well as the submitted materials shall be deemed complete.

(b)

The reviewing authority and the applicant may mutually agree to a reasonable extension of these time limits.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

(a)

A reviewing authority may refer a request for a land use decision to the reviewing authority designated as the appeal body for that type of land use application. In such cases, a statement containing the reasons for referring the land use decision shall be prepared by the referring authority.

(b)

All land use decisions which require a legislative act prior to their approval or denial shall be referred to the city council for final action.

(c)

Prior to rendering a land use decision; the reviewing authority shall address each of the findings that apply to the application type as described in chapter 19.30 of this title. Evidence or testimony shall be given to substantiate each of the required findings for the decision, and shall be specifically cited in the action taken by the reviewing authority.

(d)

A land use application which has been denied by the development review committee (DRC), planning commission and/or city council cannot be resubmitted to the city within one year from the decision date.

(e)

The DRC, planning commission and/or city council may take an action of denial without prejudice on a land use application. Such action allows the applicant to reapply for the same permit within one year of the decision date. The city council shall have the authority to waive reapplication fees when such action is taken; however, if reapplication is not accomplished within one year of the decision date, the application will be subject to full application fees.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

(a)

Any land use decision made in accordance with the provisions of this title shall be subject to the following time limitations:

(b)

Unless substantial construction in reliance upon building permits has occurred or division of land authorized by the land use decision has taken place or been recorded within the time specified for each land use application type within this title, the land use decision shall become null and void.

(c)

Where circumstances warrant, the development review committee may grant extensions of time for a period of time not to exceed twelve (12) months each. The development review committee shall consider each extension of time on its own merits and may amend the conditions as necessary to bring the project into compliance with the development standards in effect at the time of review of the extension. The development review committee may refer such request for extension to the planning commission for action.

(d)

Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon the project's approval. When time limits are placed within the conditional approval of a public project, extensions of time may be granted whenever warranted; provided, no single action is taken to grant an extension greater than 12 months.

(e)

All entitlements subject to this section effective between January 1, 2007 and the effective date of approval of this amendment shall be granted one automatic twelve-month extension of time.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

A site plan approval may be scheduled for revocation if it is found that the site plan approval as operated or maintained:

(a)

Jeopardizes or adversely affects the public health, peace, or safety of persons residing or working on the premises or surrounding area; or

(b)

Constitutes a public nuisance; or

(c)

Has resulted in repeated nuisance activities, including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially after 11:00 pm or before 8:00 am), traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or

(d)

Adversely impacts nearby uses; or

(e)

Violates any provisions of this chapter, or any other city, state, or federal regulation, ordinance, or statute; or

(f)

Violates any condition imposed by a prior discretionary land use approval including approvals granted pursuant to this chapter or this title; or an approval initiated by applicants of a property owner or owner's representative related to the use of land including, but not limited to, parcel map, tentative tract map, development agreement, etc. pursuant to a moratorium or an interim control ordinance; or

(g)

Information contained on the application is false or incorrect at the time of the submittal.

The revocation of a site plan approval will effectively cause the project to cease until compliance is achieved.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)

Decisions of the Development Review Committee are appealable to the Planning Commission subject to chapter 19.44 (Appeals and Calls for Review) of this title.

(Ord. No. 954-2017, § 1(Exh. A), 7-17-2017)