A.   To provide a process where the Planning Director and, upon appeal, the Planning Commission are required to review proposed projects and make findings that the proposed project conforms with the intent and provisions of the district and associated improvement standards and to guide the Building Official in the issuance of building permits. More specifically, the requirement for site plan review is provided to ensure that structures, parking areas, loading areas, access, walkways, refuse containers, landscaping, public water, sewer, and drainage, on-site drainage as necessary, and street improvements are properly related to their sites and to surrounding sites and structures; to ensure that public street capacities are not exceeded or require improvements to traffic conditions as appropriate; to prevent excessive grading of the land and creation of drainage hazards; to prevent the indiscriminate clearing of property and the destruction of trees and shrubs of ornamental value; to avoid unsightly, inharmonious, monotonous and hazardous site development, including signs; and to encourage originality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community. The site plan review process is also intended to provide for expeditious review of environmental assessments required by official policy of the City and the State.

   B.   Site plan review provisions of this Chapter shall apply to the following uses:

      1.   Any use within the RCO, UR, RA, R, RM, PO, CN, CC, CS, CH, CD, CO, IL, IH, and IP Districts, and excepting single-family residential use which is to be constructed on a site with complete street improvements. Single-family residential units may require a conditional use permit is some districts.

      2.   Some uses subject to administrative review/approval as defined in Chapter 18 of this Title.

      3.   Any use subject to an environmental assessment under applicable provisions of City policy as adopted by resolution pursuant to the California Environmental Quality Act of 1970, as amended.

   C.   Minor change in property use or change in occupancy:

      1.   Minor changes in property use or occupancy that do no warrant full site plan review as determined by the Planning Director will be required to make reasonable minor improvements or upgrade existing improvements as per Section 11-20-5 of this Chapter.

      2.   Minor changes in property use or occupancy that are obviously in a neglected state of repair or maintenance as determined by the Planning Director will be required to be processed as a site plan review and be required to totally upgrade the property as per Section 11-20-5 of this Chapter.

   D.   Site plan review shall not be required for any use approved as a conditional use under Chapter 19 of this Title. (Ord. 527, 8-4-1997)

   A.   The applicant shall submit seven (7) copies of the site plan review application, drawings and any specifications to the Planning Director. The site plan shall be drawn to scale and indicate clearly and with full dimensions, the following information:

      1.   Dimensions: Lot or site dimensions.

      2.   All Buildings And Structures: Location, size, height, proposed use.

      3.   Yards: Yards and space between buildings.

      4.   Walls And Fences: Location, height and materials.

      5.   Off-Street Parking And Off-Street Loading: Location, number of spaces and dimensions of parking and loading areas, internal circulation direction of travel.

      6.   Access: Pedestrian and vehicular points of ingress and egress from public streets, internal circulation.

      7.   Signs And Sign Program For Multi-Tenant Projects: Location, size, height and type of illumination, if any, including hooding devices.

      8.   Lighting: Location and general nature, hooding devices to prevent lighting spillover onto neighboring parcels.

      9.   Streets: Name all adjacent streets, roads or alleys, showing right of way and dedication widths, reservation widths, and all types of improvements existing or proposed.

      10.   Landscaping: Location, type, size and botanical name of plants and method of irrigation. A description of maintenance provisions for landscape areas.

      11.   Refuse Enclosures: Location, type and material.

      12.   Other: Such other data pertaining to site development as may be required by the Planning Director to make the required findings. (Ord. 527, 8-4-1997)

   A.   Within fifteen (15) working days after the site plan review application has been deemed to be complete, the Planning Director shall review the site plan. If the Planning Director determines that the site plan cannot be approved without the granting of a variance or use permit, or the enactment of an amendment to this Title, the applicant shall be informed in writing of such conclusion and the findings leading to that conclusion, and a recommendation as to the process for consideration of such variance, use permit, or amendment to this Title.

      1.   The Planning Director may determine that an application for site plan review cannot be deemed complete without the appropriate environmental assessment or the obtaining of a permit from another agency which may have discretionary authority over some aspect of the proposed project.

      2.   Should the Planning Director make the determination that such conditions exist that require an environmental assessment or the discretionary approval of another agency, the applicant shall be notified in writing of such requirements and that the application will not be deemed complete until such requirements have been met.

   B.   Except as provided under subsection A of this Section, within sixty (60) days after site plan review application is deemed to be complete, the Planning Director shall approve, approve with conditions, or disapprove the site plan. In approving the site plan, the Commission shall make the findings prescribed under Section 11-19-8 of this Title. The action of the Planning Commission shall be final unless appealed to the City Council.

      1.   The Planning Director may determine that based on the potential to impact surrounding property owners that an administrative public hearing on the site plan should be conducted. Should, in the opinion of the Planning Director, such a public hearing be desirable, an administrative public hearing shall be scheduled consistent with the requirements of Chapter 25 of this Title.

         a.   The Planning Director shall conduct the hearing as the hearing officer and shall present the application and take testimony in favor of, or in opposition to the proposed project.

         b.   Should an administrative public hearing be conducted, the Planning Director shall include evidence and testimony entered as part of the record at that hearing in any findings required for the site plan approval, modification, or denial.

   C.   The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the Planning Director, with one copy mailed to the applicant and one copy filed with the Building Official.

   D.   Revisions by the applicant to an approved site plan shall be resubmitted to the Planning Department in the manner required for drawings first submitted. (Ord. 527, 8-4-1997)

Within fifteen (15) days following the date of a decision of the Planning Director on a site plan review application, the decision may be appealed to the Planning Commission in the manner as prescribed in Chapter 18 of this Title, by the applicant or any other interested party. (Ord. 527, 8-4-1997)

   A.   Within fifteen (15) days following the date of a decision of the Planning Commission on a site plan review application, the decision may be appealed to the City Council by the applicant or any interested party. A written appeal and required fees shall be filed with the City Clerk. The appeal document shall contain information claiming and documenting that there was an error or abuse of discretion by the Planning Commission or wherein the decision was not supported by the evidence in the record.

   B.   The City Clerk within ten (10) working days shall give notice to the applicant and to the appellant (if appellant is not the applicant) of the time when the appeal will be considered by the City Council at the next available regular meeting.

   C.   The City Council shall hear the appeal, and may affirm, reverse, or modify a decision of the Planning Commission, provided that if a decision is modified or reversed, the Council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the applicable findings prerequisite to the approval of a site plan as prescribed in Section 11-20-6 of this Chapter.

   D.   A site plan review appealed to the City Council shall become effective immediately following the date on which the site plan is affirmed or modified by the Council. (Ord. 527, 8-4-1997)

   A.   In recommending approval of a site plan, the Planning Director shall state those conditions of approval necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to, consideration and/or requirement of the following:

      1.   Special yards, spaces and buffers.

      2.   Fences and walls.

      3.   Surfacing of parking areas and provisions for surface water drainage subject to City specifications.

      4.   Requiring street dedications and improvements, subject to the provisions of Section 11-20-7 of this Chapter, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees when applicable.

      5.   Regulation of points of vehicular ingress and egress.

      6.   Regulation of signs, in accordance with the standards prescribed under Chapter 16 of this Title.

      7.   Requiring maintenance of the grounds and the undergrounding of utilities.

      8.   Requiring the design and installation of landscaping and refuse enclosures and maintenance thereof.

      9.   Regulation of noise, vibration, odors and other similar characteristics.

      10.   Measures necessary to eliminate or to effect mitigation to acceptable levels of adverse environmental impacts.

      11.   Regulation of time for certain activities to be conducted on the site.

      12.   Regulation of the time period within which the proposed use shall be developed.

      13.   A bond, deposit of money, recorded lien secured by deed of trust, or letter of credit for the completion of street and site improvements and other facilities or for the removal of such use within a specified period of time, to assure conformance with the intent and purposes set forth in this Title.

      14.   Such other requirements to protect the public health, safety and welfare which reasonably may be required by the Planning Director.

   B.   In taking action on a proposed site plan, the Planning Director shall make all of the following findings:

      1.   All applicable provisions of this Title are complied with.

      2.   The following are so arranged that traffic congestion is avoided and that pedestrian and vehicular safety and welfare are protected and there will not be adverse effect on surrounding property:

         a.   Facilities and improvements;

         b.   Vehicular ingress, egress, internal circulation and off- street parking and loading;

         c.   Setbacks;

         d.   Height of buildings;

         e.   Location of service;

         f.   Walls and fences;

         g.   Landscaping, including screen planting and street trees;

         h.   Drainage of site;

         i.   Refuse enclosures;

         j.   Proposed lighting is so arranged as to deflect the light away from adjoining properties;

         k.   Proposed signs will comply with all of the applicable provisions of Chapter 16 of this Title;

         l.   That adequate provision is made to reduce adverse or potentially adverse environmental impacts to acceptable levels.

   C.   In making the above findings, the Planning Director shall determine that approvals will be consistent with established legislative policies relating to traffic safety, street dedications and street improvements, environmental quality, and to zoning, fire, police, building and health codes. (Ord. 527, 8-4-1997)

   A.   Because of changes that may occur due to drainage conditions, utility service requirements, or vehicular traffic generated by facilities requiring a site plan review, the following dedications and improvements may be deemed necessary and may be required as a condition or conditions to the approval of any site plan:

      1.   Development bordering or traversed by an existing street: if the development borders or is traversed by an existing street, the applicant may be required to:

         a.   Dedicate all necessary rights of way to widen a bordering minor or collector street to the extent on one-half (1/2) the ultimate width established by the City as the standard for such minor or collector street, or the full extent required for a frontage road.

         b.   Dedicate all necessary rights of way to widen a traversing minor or collector street to its ultimate width established by the City as the standard for such minor or collector street.

         c.   Dedicate all necessary rights of way to widen a bordering or traversing major arterial street to the standards of width established by the City for an arterial street under subsection A1a and A1b of this Section.

         d.   Set back all facilities the required distance from ultimate property lines along a major arterial street as shown on any master, official or precise plan of streets and highways, or by the General Plan.

         e.   Install curbs, gutters, sidewalks, street signs, street lights and street trees along one side of a bordering or along both sides of a traversing minor, collector or major street.

         f.   Install utilities and drainage facilities to the full extent of the service requirements generated by the development.

         g.   Grade and improve traversing minor or collector streets from curb to center line of the ultimate right of way.

         h.   Grade and improve traversing minor or collector streets from curb to curb.

         i.   Grade and improve the parking lane and one traffic lane adjacent to the development, along a bordering major arterial street.

         j.   Grade and improve both parking lanes and the two (2) outside traffic lanes of a traversing major arterial street.

         k.   Except as provided in subsection A1b and A1c of this Section, all new roads shall be dedicated and improved in accordance with the requirements of subsection A1a hereof.

      2.   Where a frontage road is provided and improved along a major arterial street in accordance with City standards, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of subsection A1e and A1j of this Section, pertaining to the arterial street shall not be required.

      3.   Where total access to or from a bordering or traversing major arterial street is prohibited as a condition of approval or by law, the curb, gutter, sidewalks, street sign, street light, grading and paving requirements of subsection A1e and A1j of this Section, pertaining to arterial streets shall not be required.

   B.   All improvements shall be to City standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the City that it is impractical to put in any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the City for the provision of improvements before a building permit may be issued, at which time there shall be money deposited with or in favor of the City, or a letter of credit or performance bond posted with the City, in an amount equal to one hundred fifty percent (150%) of the estimated cost of improvements, as estimated by the City Engineer, to guarantee the making of such improvements.

   C.   Street dedications and improvements which may be required by this Section shall be considered only on the principle that they are required as near as practical in proportion to the traffic, utility and other demands generated by the proposed development. (Ord. 527, 8-4-1997)

   A.   Environmental Assessment: A site plan approved pursuant to the provisions of this Chapter shall be considered in relation to requirements of City policy governing the preparation of environmental assessments. The site plan may be approved with conditions that will enable findings that the proposed project will not have a significant adverse physical effect on the environment and that a negative declaration should be prepared.

   B.   Environmental Impact Reports: Where it is determined by the City that an Environmental Impact Report (EIR) is required for a proposed project, action on a proposed site plan shall be deferred until such time as the EIR has been prepared and reviewed pursuant to provisions of the City's guidelines and State law. The Planning Commission and City Council shall, at the completion of said EIR review, attach such conditions to the approval of the site plan as in their judgment will mitigate or reduce to acceptable levels any of the environmental impacts identified during review of the EIR. The Planning Commission and City Council may deny a site plan if it is found that such mitigation or reduction of environmental impacts is not feasible. (Ord. 527, 8-4-1997)

Before a building permit shall be issued for any building, structure or sign proposed as part of an approved site plan, the Building Official shall determine that the proposed building location, facilities and improvements are in conformity with the approved site plan. Before a building may be occupied or a sign erected, the Building Official shall certify to the Planning Director that such improvements have been made in conformity with the plans and conditions approved by the City. (Ord. 527, 8-4-1997)

A site plan approval shall lapse and shall become void one year following the date on which approval by the Planning Director, Planning Commission or City Council became effective unless, prior to the expiration of one year, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval may be extended for an additional period or periods of one year upon written application to the Planning Director before expiration of the first approval. (Ord. 527, 8-4-1997)

The revocation of a site plan shall be governed by the provisions of Chapter 18 of this Title. (Ord. 527, 8-4-1997)

A site plan approval pursuant to the provisions of this Chapter shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the site plan. (Ord. 527, 8-4-1997)

A site plan approved under the provisions of this Chapter may be revised as to features of the site plan previously approved, provided that such provisions are minor as determined by the Planning Director. Application for minor revisions shall be made in the same manner as prescribed in Chapter 18 of this Title. (Ord. 527, 8-4-1997)