Berkeley City Zoning Code
ARTICLE VI
Site Development Plan
Section 400.480 Site Development Plan Approval.
[CC 1961 §23.17.5; Ord. No. 2974 §23.17.5, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A.
Intent And Purpose. The site development plan approval procedure is intended to ensure the adequate review and consideration of potential impacts of proposed development upon surrounding uses and activities, and to encourage a high standard of site and building design.
B.
Application And Submission Requirements.
1.
An application for site development plan approval may be filed by any person with a financial, contractual or proprietary interest in the property to be developed according to the submitted plan.
2.
All applications for site development plan approval shall be filed in the office of the Director of Public Works to be forwarded to the Planning Commission. The application for site development plan approval shall contain the following information, as well as such additional information as the Commission may prescribe by additional administrative regulations filed with the Director of Public Works:
a.
All applications shall be signed by the applicant and shall state the applicant's name and address.
b.
The site development plan shall include all necessary data and drawings in order that the Planning Commission can determine whether the proposed use and development complies with the district requirements and that City departments affected by the project may assess the impact of the proposed development on public facilities and services and on the surrounding area.
c.
The data and drawings required shall include, but not be limited to:
(1)
The location of the site and its relationship to surrounding uses, buildings and zoning;
(2)
The location and size of each building on the site;
(3)
The height, number of stories and form of the proposed building or buildings;
(4)
The dimensions and area of the lot or site;
(5)
The ratio of floor area to the site area (F.A.R.), and the residential density;
(6)
The location of all existing trees over six (6) inches caliper if deciduous or over six (6) feet in height if evergreens and an indication of all such trees to be removed and all to remain;
(7)
Landscape plan, including a detailed drawing to scale and schedule of all plant material to be provided or preserved by the plan including the size, location, type and method of planting for trees, shrubs, and ground covers as well as related site improvements such as walls, berms, fences, walkways, street furniture and lighting elements;
(8)
The location, general design and width of driveways, curb cuts and sidewalks;
(9)
Existing and proposed site grades at a minimum two (2) feet contour intervals;
(10)
Erosion and storm water management plan as required.
(11)
The location, area and number of proposed parking spaces in relation to applicable parking regulations;
(12)
The general use and development of the site, including all recreation and open space areas, plazas, all major landscaping and all buffering from adjacent activities or uses;
(13)
Existing and proposed on-site utilities including storm water collection and detention, gas, electricity and telephone lines or substations;
(14)
The location and identification of any other proposed facilities or site improvements; and
(15)
An architect's rendering of the proposed structure or facility to be provided.
d.
More specific submission requirements may be separately published as administrative regulations and filed with the City Clerk.
C.
Review Procedure.
1.
A site development plan shall be submitted with the application for a special use zoning or rezoning.
2.
The Director of Public Works shall coordinate the review and analysis of the site development application by the City staff, including other affected City departments, before any final action may be taken by the Commission on the application. This coordinated administrative review of the application shall be completed within sixty (60) days of filing. The results of this review shall be compiled by the Director of Public Works and reported by him/her to the Commission for its consideration.
3.
After the Commission receives the site development plan application and associated documents, it shall review the application and report it has received from the Director of Public Works. The Commission may then either approve, disapprove or conditionally approve the site development plan application.
4.
At the applicant's discretion, he/she may choose, following the submission of the report to the Commission, to regard his/her initial application as a preliminary site development plan. He/she may then respond to the review of the Commission and submit a revised final site development plan to the Commission for its consideration and final action within an additional forty-five (45) days thereafter.
5.
Every request for rezoning of property to one (1) of the following zoning districts shall be accompanied by a site development plan:
a.
"R-1" Single-Family Residence District.
b.
"R-2" Single-Family Residence District.
c.
"R-3" Single-Family Residence District.
d.
"R-4" Multi-Family Residence District.
e.
"C-1" Local Commercial District.
f.
"C-2" General Commercial District.
g.
"C-3" Planned Commercial District.
h.
"M-1" Industrial District.
i.
"M-2" Planned Research and Industrial District.
j.
"P" Park District.
k.
Special use permits require a site development plan.
6.
The action of the City Plan Commission approving, disapproving, or conditionally approving the site development plan shall accompany its recommendation to the Council relative to the zoning or special land use.
7.
Application for the utilization of single-family residences for non-residential uses within the "R-1", "R-2", or "R-3" Single-Family Residential Districts shall require the approval of a site development plan by the Planning and Zoning Commission. Other requirements for site development plan approval may be specified in this Chapter.
8.
When an application for site development plan approval is filed in conjunction with an application for rezoning, the Commission shall submit the conclusions of its review of the site development plan in accordance with this Section (approval, disapproval, or conditional approval), together with its recommendation for approval or disapproval of the application for rezoning, to the Council for its action on the rezoning or special use.
D.
Conditions And Restrictions.
1.
In approving a site development plan application, the Commission may impose conditions and restrictions and may vary the standards and prescribe development standards within the range of such discretion as prescribed elsewhere in the ordinance of the City so long as the general intent of this Chapter is carried out. In no event, however, shall any permitted use or use regulations be varied so as to make them less restrictive than prescribed in the district regulations.
2.
If the Commission imposes conditions or restrictions, it shall designate specific requirements which must be met before an applicant may be granted final approval of a site development plan and building occupancy permits.
3.
The Commission may delegate to the Director of Public Works the power to grant the final approval of the site development plan application when he/she has determined that the specifically prescribed conditions have been met by the applicant.
E.
Period Of Validity For Site Development Plan Approval. No site development plan approval by the Commission shall be valid for a period longer than twelve (12) months from the date it is approved, unless within such period a building permit is obtained and substantial construction is commenced. The Commission may grant extensions not exceeding twelve (12) months each upon written request of the original applicant and resubmission of the application if the application as resubmitted is substantially the same as the initially approved application. However, the Commission has the power in such cases to attach new conditions to its reapproval or disapprove the reapplication. Where the application for reapproval contained changes which the Commission concludes materially alter the initial application, it shall refer the application to the Director of Public Works who shall initiate a new site development plan review procedure as stated above.
F.
Site Development Plan Approval In Conjunction With Rezoning. In the event the site development plan was approved in conjunction with a change of zoning or special land use, and if substantial construction or development has not been completed within twelve (12) months of the Commission's approval of the site development plan or the Council's approval of the rezoning does not begin within the above period of time, the Council may, on its motion or on a recommendation of the City Plan Commission, rezone the property or any portion thereof to the zoning district that regulated the use of such ground immediately prior to the approval of the zoning district classification and corresponding site development plan. A public hearing, other than the required three (3) readings of a bill, is not required for this rezoning; however, the owner shall be notified of the proposed rezoning prior to the introduction of any bill for such rezoning.
G.
Site Plan And Building And Occupancy Permits. The Director of Public Works shall not certify an application for a building permit or issue an occupancy permit for any building or structure within a project that has undergone site development plan approval unless that building or structure is in substantial compliance with the site development plan as approved by the Commission.
H.
Site Development Standards. In considering any application for approval of a site development plan, the Commission shall consider the following factors:
1.
The relationship of proposed uses, functions, sites and buildings within the development tract to each other.
2.
The relationship of proposed uses, functions, sites and buildings within the tract to existing land uses and the permitted uses of adjoining tracts in accordance with correct zoning.
3.
The provision and distribution of adequate parking facilities.
4.
The provision of proper means of access to and from public roads.
5.
The provision of site amenities including landscaping and fences.
6.
Any other factors relevant to the public health, safety and convenience and general welfare of the residents of the City.
I.
Staged Development. In the event a site development plan shall provide for the construction of a complex of buildings and site improvements to be developed over an extended period of time, a detailed site development plan shall be submitted for approval by the City Plan Commission in accordance with the section for each specific building project. Such detailed site development plans may be submitted in advance of or in conjunction with an application for a building permit. Of primary importance in this review will be a determination that the detailed site development plan complies with the site development plan approval for the total development or project.
J.
It is anticipated that some developments will not require a complete compliance with the requirements herein and therefore, the Plan Commission may request the applicant submit a modified site development plan and recommend such modifications to the Council. The Council may modify, approve or disapprove such modifications, provided however, that the affirmative vote of five (5) members of the Council shall be required to adopt any modification or amendment to such recommendation contrary to the Plan Commission's recommendation.