76 - SITE PLAN APPROVAL
The City recognizes that new development, in order to provide for safe and efficient circulation, compatibility with surrounding uses, attractive and efficient designs, and the provision of required landscaping, open space, and other areas, requires the formal review and approval of a detailed Site Plan. The Site Plan approval process is provided for this purpose.
(Ord. 68 § 9.150.010, 1995)
Applications for Site Plan Approval and subdivision map shall be submitted for all multi-family development, condominium conversion, clustered Agriculture-Ranch (R-A) and Rural Residential (R-R) development, mixed use projects and non-residential projects involving the construction of new buildings.
(Ord. 194 §3 (part), 2007: Ord. 68 § 9.150.020, 1995)
(Ord. No. 285, § 8, 6-9-2015;Ord. No. 298, § 6, 6-14-2016)
Each Site Plan shall set forth in text, maps, and diagrams the following, unless determined by the Director of Community Development to be unnecessary for a particular project. The Director may also require at his or her discretion the submission of additional information as needed for a particular project:
A.
An existing setting description which includes:
1.
A description of the physical characteristics of the site,
2.
Available public services and facilities,
3.
The capacity of the existing circulation system, and
4.
The existing and planned land use of adjacent properties;
B.
A discussion of specific objectives and limits for development of the property which recognize and respond to identified constraints;
C.
The level of public services and facilities required to serve the proposed development;
D.
Proposed access and circulation, including parking areas, loading areas, and pedestrian walkways. The Site Plan shall also detail any improvements to adjacent or off-site roadways required to serve the proposed development;
E.
Significant natural features and areas to be retained for common open space, and provisions for preserving, maintaining, and using those areas;
F.
Known manmade and natural hazards and the methods for mitigating the hazards;
G.
Proposed grading and landscaping;
H.
Plans showing all proposed structures, including the following:
1.
Footprints of all proposed buildings,
2.
Elevations of all proposed buildings,
3.
Materials and colors to be used on the exteriors of all proposed buildings.
(Ord. 68 § 9.150.030, 1995)
A.
An application shall be filed pursuant to the provisions of Section 16.58.020 of this Development Code. Upon acceptance of a Site Plan approval application as complete, the Community Development Director or his or her designee shall review the application for conformance with the provisions of this Development Code. The Director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission secretary. The secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 16.58 of this Development Code.
B.
The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 16.58 of this Development Code.
C.
The Commission shall act to approve, conditionally approve, or deny the application.
D.
The Commission shall adopt a resolution containing its findings and decisions. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the Site Plan necessary to carry out the provisions and general purpose of this Development Code. If the Site Plan is approved, the report shall recite the conditions and limitations imposed, if any.
(Ord. 68 § 9.150.040, 1995)
The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty (30) days after the adoption of the resolution, unless an appeal has been filed.
(Ord. 68 § 9.150.050, 1995)
The Commission, and Council on appeal, in acting to approve a Site Plan application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this Development Code. In making such a determination, the hearing body shall find that the proposed use is in general in accord with the following principles and standards:
A.
That the proposed uses are consistent with the General Plan;
B.
That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures;
C.
That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed;
D.
That the proposed use complies with all applicable development standards of the zoning district; and
E.
That the proposed use observes the spirit and intent of this Development Code.
F.
That the clustering site plan results in a substantial reduction in the following impacts than would have occurred had the property developed pursuant to development standards in Exhibit "A" Table 20-1(A):
a.
Grading;
b.
Roadways and driveway intrusions into sensitive habitat areas, open space, and the Chino Hills State Park;
c.
Impacts to environmental and visual resources.
G.
That the clustering site plan protects more open space than would have been required by Section 16.08.070.
(Ord. 68 § 9.150.060, 1995)
(Ord. No. 298, § 5, 6-14-2016)
A.
Use of Approved Site Plan. Any Site Plan which is not used within the time specified in the grant of approval or, if no time is specified, within two years of the effective date of such approval, expires at the end of that period. The Planning Commission may extend such approval for a period of time not to exceed two years, provided an application requesting the extension is filed prior to the original extension date. For purposes of this section "used" means the commencement of construction activity or any activity authorized by the grant.
B.
[Expiration; Appeal.] Any applicant disputing the expiration of any Site Plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council.
C.
[Approval.] The approval of any Site Plan approval approved concurrently (as part of the same project) with a Tentative Tract Map or Tentative Parcel Map shall be tied to the approval of the Tentative Tract Map or Tentative Parcel Map as set forth in Subsection 16.58.050(G).
(Ord. 68 § 9.150.070, 1995)
(Ord. No. 252, § 3(f), (g), 1-24-2012; Ord. No. 261, § 3(h), 1-8-2013)
An approved Site Plan which is valid and in effect pursuant to the provisions of this Development Code shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land. Notwithstanding the above, for Site Plans approved for clustered single-family structures, once the original structure is constructed pursuant to the Site Plan, subsequent changes to the footprint, elevations, and materials and colors of single-family structures may proceed without seeking an amendment to the Site Plan as long as the footprint of such structures stays within the required setbacks set forth in the Site Plan, and the subsequent improvements are in compliance with all other applicable provisions set forth in Title 15 and 16 of this Code.
(Ord. 68 § 9.150.080, 1995)
(Ord. No. 298, § 7, 6-14-2016)
76 - SITE PLAN APPROVAL
The City recognizes that new development, in order to provide for safe and efficient circulation, compatibility with surrounding uses, attractive and efficient designs, and the provision of required landscaping, open space, and other areas, requires the formal review and approval of a detailed Site Plan. The Site Plan approval process is provided for this purpose.
(Ord. 68 § 9.150.010, 1995)
Applications for Site Plan Approval and subdivision map shall be submitted for all multi-family development, condominium conversion, clustered Agriculture-Ranch (R-A) and Rural Residential (R-R) development, mixed use projects and non-residential projects involving the construction of new buildings.
(Ord. 194 §3 (part), 2007: Ord. 68 § 9.150.020, 1995)
(Ord. No. 285, § 8, 6-9-2015;Ord. No. 298, § 6, 6-14-2016)
Each Site Plan shall set forth in text, maps, and diagrams the following, unless determined by the Director of Community Development to be unnecessary for a particular project. The Director may also require at his or her discretion the submission of additional information as needed for a particular project:
A.
An existing setting description which includes:
1.
A description of the physical characteristics of the site,
2.
Available public services and facilities,
3.
The capacity of the existing circulation system, and
4.
The existing and planned land use of adjacent properties;
B.
A discussion of specific objectives and limits for development of the property which recognize and respond to identified constraints;
C.
The level of public services and facilities required to serve the proposed development;
D.
Proposed access and circulation, including parking areas, loading areas, and pedestrian walkways. The Site Plan shall also detail any improvements to adjacent or off-site roadways required to serve the proposed development;
E.
Significant natural features and areas to be retained for common open space, and provisions for preserving, maintaining, and using those areas;
F.
Known manmade and natural hazards and the methods for mitigating the hazards;
G.
Proposed grading and landscaping;
H.
Plans showing all proposed structures, including the following:
1.
Footprints of all proposed buildings,
2.
Elevations of all proposed buildings,
3.
Materials and colors to be used on the exteriors of all proposed buildings.
(Ord. 68 § 9.150.030, 1995)
A.
An application shall be filed pursuant to the provisions of Section 16.58.020 of this Development Code. Upon acceptance of a Site Plan approval application as complete, the Community Development Director or his or her designee shall review the application for conformance with the provisions of this Development Code. The Director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission secretary. The secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 16.58 of this Development Code.
B.
The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 16.58 of this Development Code.
C.
The Commission shall act to approve, conditionally approve, or deny the application.
D.
The Commission shall adopt a resolution containing its findings and decisions. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the Site Plan necessary to carry out the provisions and general purpose of this Development Code. If the Site Plan is approved, the report shall recite the conditions and limitations imposed, if any.
(Ord. 68 § 9.150.040, 1995)
The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty (30) days after the adoption of the resolution, unless an appeal has been filed.
(Ord. 68 § 9.150.050, 1995)
The Commission, and Council on appeal, in acting to approve a Site Plan application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this Development Code. In making such a determination, the hearing body shall find that the proposed use is in general in accord with the following principles and standards:
A.
That the proposed uses are consistent with the General Plan;
B.
That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures;
C.
That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed;
D.
That the proposed use complies with all applicable development standards of the zoning district; and
E.
That the proposed use observes the spirit and intent of this Development Code.
F.
That the clustering site plan results in a substantial reduction in the following impacts than would have occurred had the property developed pursuant to development standards in Exhibit "A" Table 20-1(A):
a.
Grading;
b.
Roadways and driveway intrusions into sensitive habitat areas, open space, and the Chino Hills State Park;
c.
Impacts to environmental and visual resources.
G.
That the clustering site plan protects more open space than would have been required by Section 16.08.070.
(Ord. 68 § 9.150.060, 1995)
(Ord. No. 298, § 5, 6-14-2016)
A.
Use of Approved Site Plan. Any Site Plan which is not used within the time specified in the grant of approval or, if no time is specified, within two years of the effective date of such approval, expires at the end of that period. The Planning Commission may extend such approval for a period of time not to exceed two years, provided an application requesting the extension is filed prior to the original extension date. For purposes of this section "used" means the commencement of construction activity or any activity authorized by the grant.
B.
[Expiration; Appeal.] Any applicant disputing the expiration of any Site Plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council.
C.
[Approval.] The approval of any Site Plan approval approved concurrently (as part of the same project) with a Tentative Tract Map or Tentative Parcel Map shall be tied to the approval of the Tentative Tract Map or Tentative Parcel Map as set forth in Subsection 16.58.050(G).
(Ord. 68 § 9.150.070, 1995)
(Ord. No. 252, § 3(f), (g), 1-24-2012; Ord. No. 261, § 3(h), 1-8-2013)
An approved Site Plan which is valid and in effect pursuant to the provisions of this Development Code shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land. Notwithstanding the above, for Site Plans approved for clustered single-family structures, once the original structure is constructed pursuant to the Site Plan, subsequent changes to the footprint, elevations, and materials and colors of single-family structures may proceed without seeking an amendment to the Site Plan as long as the footprint of such structures stays within the required setbacks set forth in the Site Plan, and the subsequent improvements are in compliance with all other applicable provisions set forth in Title 15 and 16 of this Code.
(Ord. 68 § 9.150.080, 1995)
(Ord. No. 298, § 7, 6-14-2016)