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Chowchilla City Zoning Code

CHAPTER 18

72 - SITE PLAN REVIEW PERMITS

18.72.010 - Purpose.

The purpose of the site plan review permit is to assure that a proposed development is reviewed to assure substantial compliance with the general plan, the municipal code, policies, and improvement standards of the city.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.020 - Applicability.

A.

Site plan review shall be required for the development activities set forth in this section. The review and approval of a site plan for the activities shall encompass all improvements that are associated with the erection or alteration of a building or structure or the development or alteration of public or private parking areas or lots.

1.

In all residential districts, site plan review shall be required for:

a.

The erection of a new two-family or multiple-family dwelling or related accessory building or structure when the erection requires the issuance of a building permit;

b.

The alteration of an existing two-family or multiple-family dwelling when the alteration requires the issuance of a building permit and will increase the number of dwelling units on a site;

c.

The erection of a new nonresidential building or structure when the erection requires the issuance of a building permit;

d.

The alteration of an existing nonresidential building or structure when the alteration requires the issuance of a building permit and will increase the floor area of the building or structure by more than ten percent or five hundred square feet or the seating capacity by more than ten percent or twenty-five seats;

e.

The erection of a new mobilehome park or any building or structure for mobilehome park purposes;

f.

The alteration of an existing mobilehome park when the alteration will either increase the number of spaces within the mobilehome park or will increase the floor area of a building or structure used for mobilehome park purposes by more than ten percent or five hundred square feet or the seating capacity by more than ten percent or twenty-five seats.

2.

In all commercial and industrial districts, site plan review shall be required for:

a.

The erection of a new building or structure when the erection requires the issuance of a building permit;

b.

The alteration of an existing building or structure when the alteration requires the issuance of a building permit and any of the following conditions exist:

i.

The alteration will increase the floor area or seating capacity of a nonconforming building or structure or involves the structural alteration of a nonconforming building or structure;

ii.

The alteration will increase the floor area of a conforming building or structure by more than ten percent or five hundred square feet or the seating capacity by more than ten percent or twenty-five seats;

c.

The development of new public or private parking areas or lots;

d.

The alteration of existing public or private parking areas or lots when the alteration will increase or decrease the number of parking spaces by more than five spaces, increase or decrease the gross area of the parking area or lot by more than one thousand seven hundred fifty square feet, or will involve the relocation of the parking area or lot.

3.

In all districts, site plan review shall not be required for:

a.

The erection or alteration of one-family dwellings and related accessory buildings or structures;

b.

The erection or alteration of temporary tract offices and model homes;

c.

The erection or alteration of signs and advertising structures;

d.

The installation or alteration of underground storage tanks having a capacity of one thousand one hundred fifty gallons or less.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.030 - Site plan review committee.

A.

Members. The site plan review committee shall be comprised of staff representatives of the director, city engineer, and building official; in addition, the director may request input from any other city department or public agency, subject to city council policies.

B.

Powers and Duties. The site plan review committee shall have the power to:

1.

Review site plan review permit applications for consistency with the general plan, municipal code, policies, regulations, and improvement standards of the city.

2.

Apply requirements to a site to protect the public health, safety and general welfare.

3.

Require revisions to the site plan to bring it into consistency.

4.

Identify the city permits necessary to construct the proposed project.

5.

Issue the site plan review permit subject to stated revisions.

6.

Require that the site plan be resubmitted with required revisions.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.040 - Site plan contents.

A.

The site plan shall be drawn to a scale which that clearly indicates all dimensions and includes the information identified in the site plan review application form consistent with Section 18.70.020, and such other data as may be required to permit the director to make the required findings.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.050 - Director action—Criteria of consideration.

Within fifteen days after submission of a complete site plan, the director shall approve, approve with such conditions as set forth in subsection E of this section or disapprove the site plan. Failure of the director to make a decision within the aforementioned fifteen-day period shall be deemed to constitute an approval of the site plan if it conforms with all applicable city ordinances. The director, before approving a site plan, shall make all of the following findings:

A.

The development complies with all applicable provisions of this title, the general plan, and with all applicable development standards and design guidelines adopted by the city;

B.

The development is so designed that it will have no specific, adverse impact on surrounding property or improvements. A "specific, adverse impact" is defined as a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions;

C.

The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, streetlights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site;

D.

The development will not result in vehicular or pedestrian circulation or access conditions that cause conditions or create safety hazards on or off the site, based on established traffic and safety standards;

E.

That any conditions of approval are deemed necessary to ensure that the development conforms with the purposes set forth in Section 18.72.010 and to protect the public health, safety, and welfare. Conditions may include the following:

1.

Requiring special yards, spaces, and buffers;

2.

Requiring fences and walls;

3.

Requiring enclosure of storage areas and limitation on out-of-door display of merchandise;

4.

Requiring grading, surfacing and drainage improvements;

5.

Regulation of points of vehicular ingress and egress;

6.

Regulation of signs;

7.

Requiring landscaping and maintenance thereof;

8.

Requiring maintenance of grounds;

9.

Requiring fire-prevention equipment and measures;

10.

Regulation of noise, vibration, odors, electrical discharge or interference;

11.

Regulation of lighting;

12.

Requiring street dedications and improvements;

13.

Such other conditions as could make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.

In making such findings, the director shall consult with city personnel as appropriate to assure that approvals will be consistent with established legislative policies and city standards relating to planning, public works, and land development.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

18.72.060 - Director action—Decision.

The decision of the director shall be final unless appealed to the council in accordance with the procedure specified in Section 18.70.200. The director shall cause a copy of the site plan, with his or her decision and any conditions shown thereon or attached thereto, to be mailed to the applicant within ten days of the adoption thereof.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.070 - Appeals.

Appeals of the director's decision shall be submitted and processed consistent with the procedures in Section 18.70.200.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.080 - Life of permits and extensions of time.

A.

A site plan review permit shall expire one year from its approval date, unless a building permit application has been submitted or the use has commenced.

B.

Prior to expiration, the director may extend the permit expiration date by one year if there is substantial evidence that the applicant is diligently pursuing building permit approval or commencement of the use.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.090 - Revocation.

Revocation of a site plan review permit shall be conducted consistent with procedures and notice requirements in Section 18.70.230.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.100 - Subsequent permits.

Subsequent development permits associated with the site plan review permit shall be consistent with the site plan review permit. If there is a change in the proposed development, a new site plan application shall be submitted.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)