Bell City Zoning Code
CHAPTER 17
92 SITE PLANS
§ 17.92.010 Purpose.
The purpose of the site plan review and zoning clearance process shall be to insure that the proposed development described therein will comply with all of the provisions of this title. A site plan review is a discretionary land use permit, while zoning clearances are not considered discretionary for purposes of the California Environmental Quality Act (CEQA).
(Ord. 1011; Ord. 1228 § 5, 2018)
§ 17.92.020 Applicability.
Whenever a site plan is required by the provisions of this title, the same shall be prepared and submitted for approval in accordance with the provisions of this chapter.
(Ord. 1011; Ord. 1228 § 5, 2018)
§ 17.92.030 Application.
Where a site plan is required, the applicant shall submit an application therefor to the director, which application shall contain or depict the following information:
A.
The name, address and telephone number of the applicant, and of the person who prepared the plan;
B.
The street address and a brief legal description of the property involved, and the names of the streets which serve the subject property;
C.
The number of lots involved, if more than one, and the lot dimensions and lot area of each;
D.
The approximate size and location of all proposed buildings and structures, including off-street parking facilities;
E.
Open space areas and landscaped areas;
F.
All proposed uses;
G.
Building elevations, front, side and rear;
H.
Such other information the director deems necessary.
(Ord. 1011; Ord. 1228 § 5, 2018)
§ 17.92.040 Site plan review authority.
A.
The action of the director, commission and/or the city council, in approving a site plan, may include conditions of approval, if such conditions are designed to insure compliance with this title and other applicable laws.
B.
Director's Site Plan Review of Minor Projects.
1.
Unless a site plan is subject to major planning commission review as specified in subsection C or is exempt from discretionary review and requires a zoning clearance per Section 17.92.060(B), the community development director shall have the authority to approve all new permitted structures and site improvements in the R-1 and R-2 zones and R-1 and R-2 uses in the R-3 zone provided said structures and improvements are in compliance with all provisions of this chapter.
2.
The community development director shall have the authority to approve applications for minor commercial/industrial construction as follows:
a.
Minor exterior alterations to commercial and industrial buildings and structures.
b.
Additions to buildings with less than 1,000 square feet of existing gross floor area that result in an increase of not more than 50%.
c.
Additions to buildings with 1,000 to 10,000 square feet of existing gross floor area that results in an increase of not more than 25%.
d.
Additions to buildings with more than 10,000 square feet of existing gross floor area that result in an increase of not more than 15%.
3.
Notwithstanding the authority granted above, the community development director may forward a site plan review application to the commission for review.
4.
For decisions by the community development director involving the construction of new residential units pursuant to subsection B and otherwise not exempted by state law, owners or authorized agents of real property within a radius of 100 feet of the exterior boundaries of the property which is the subject of such application shall be notified of the community development director's decision. The names and addresses of such owners shall be taken from the last available county assessor's rolls.
C.
Planning Commission Site Plan Review of Major Projects.
1.
Site plan review applications shall be reviewed by the planning commission in the following circumstances: (a) when exceeding the community development director's review threshold as established in subsection B; or (b) when an application is forwarded by director in his or her discretion. Additionally, all director's actions appealed to the commission shall be subject to review and action by the commission.
2.
Written notice of the time and place of hearings conducted by the planning commission relating to such matter shall be given not less than 10 consecutive calendar days in advance of such hearing to the applicant and/or any property owner whose property is within a 300 foot radius of the subject lot on which the proposed project is located. All persons interested in such matter shall be given a reasonable opportunity to present relevant evidence relating to the proposed site plan.
3.
Findings. The commission, or the council upon appeal, shall make the following findings in approving or conditionally approving an application for site plan review:
a.
That the site plan is consistent with the goals and polices embodied in the general plan and other applicable plans and policies adopted by the council;
b.
That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located;
c.
That the proposed development's site plan and its design features, including, but not limited to, architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the city;
d.
That the proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities; and
e.
That the site plan and design considerations shall not be detrimental to the public health, safety, and general welfare.
(Ord. 1011; Ord. 1221 § 7, 2017; Ord. 1228 § 5, 2018)
§ 17.92.060 Zoning clearance authority.
A.
A zoning clearance is the procedure used by the city to verify that a proposed structure or land use complies with the permitted list of activities allowed in the applicable zone and complies with the development standards applicable to the type of use. The director or his or her designee shall issue the zoning clearance after determining that the request complies with all Zoning Code provisions applicable to the proposed project.
B.
The following construction is subject to a zoning clearance:
1.
Single-story additions to single-family residences (R-1 uses).
2.
Single-story additions to R-2 and R-3 uses 50 square feet, or less (per unit).
3.
Accessory dwelling units and junior accessory dwelling units, including second-story units.
4.
All residential patio covers and porches.
5.
Residential accessory structures less than 200 square feet.
6.
Residential swimming pools, spas, fountains, and related equipment.
7.
All interior commercial, industrial, mixed use, and institutional tenant improvements, provided that no exterior changes are proposed.
8.
Any other construction that requires a building permit but does not require a minor or major site plan review.
9.
All wall signs for uses within multi-tenant buildings/centers with an approved sign program.
10.
All wall signs for single tenant or two-tenant buildings/centers.
11.
Any use not requiring a discretionary application as mandated by state law.
C.
Exception. A zoning clearance is not required for projects that have been approved under another permit process identified in this chapter.
(Ord. 1228 § 5, 2018; Ord. 1266 § 11, 2020)
§ 17.92.080 Effect upon building permits.
Where the provisions of this title require a site plan review or zoning clearance be submitted for approval, no building permit shall be issued, or, if one is issued in error, the same shall be suspended until a site plan review or zoning clearance has been approved in the manner set forth in this chapter.
(Ord. 1011; Ord. 1228 § 5, 2018)