The purposes of the administrative site plan review process, site plan review process and design review are:

A.

To enable the planning director, planning commission or city council (in the case of appeals) to make a finding that a proposed development is:

1.

In conformity with the purpose and provisions of this title;

2.

In conformity with the policies, goals, and designations of the city general plan;

3.

In conformity with applicable city development and improvement guidelines and standards.

B.

The purposes of the administrative site plan review, site plan review and design review are also:

1.

To make the appearance of the city aesthetically pleasing and to promote the maintenance of such an appearance;

2.

To assure that any adverse environmental impacts of proposed developments are prevented or are minimized;

3.

To foster public works improvements and right-of-way dedications where needed;

4.

To promote conservation of energy.

(Ord. 409 § 3, 2004: Ord. 319 § 1(part), 1987)

Applications for site plan approval shall consist of a statement of the proposed use and the following:

A.

Nine copies of a plot plan to scale showing:

1.

North arrow;

2.

Property lines;

3.

Adjoining streets, alleys and adjacent off-site improvements;

4.

Locations and dimensions of existing and proposed improvements including buildings, fencing, landscaping, off-street parking, trash enclosures and on-site drainage as appropriate.

B.

Building elevations (nine copies).

C.

Any other data and dimensions necessary or requested by the zoning administrator to show that all provisions of this chapter are fulfilled.

D.

An application fee that is set and amendable by city council resolution.

(Ord. 319 § 1(part), 1987)

The provisions of this chapter shall apply prior to the establishment of any situation, use, or structure listed as follows:

A.

Any enlargement of at least twenty-five percent or greater to a building that is not a single-family residence, and if such enlargement involves a permitted use within the P-QR, R-M, C-C, C-G, C-H, C-S or I zoning districts, however any multiple expansions that cumulatively total more than twenty-five percent of the building area of an existing building during a time period of five or less years will also require a site plan review.

B.

Any use designated as requiring site plan and design review. Those uses listed in the commercial land use table in Section 17.56.020 of this title, followed by an "x" in the right hand columns for the six designated zones may be reviewed and approved by the planning director if all the following are met:

1.

That the proposed use occupied, renovates or remodels an existing structure. New construction on vacant land requires planning commission approval and review,

2.

That all performance standards listed in Sections 17.42.030 through 17.42.060 of this title for central commercial, Sections 17.44.030 through 17.44.060 of this title for general commercial, Sections 17.46.030 through 17.46.060 of this title for highway commercial, and Sections 17.48.030 through 17.48.060 of this title for service commercial be complied with and shown as part of the development plan submitted for site plan and building permit approval,

3.

That all applicable planning and building fees are paid;

C.

Those uses listed in the commercial land use table in Section 17.56.020 of this title, followed by an "a-r" in the right hand columns for the four designated zones may be reviewed and approved by the planning director;

D.

Any permitted use or new building to be established or constructed after June 12, 1987, and to be located within the R-M, C-C, C-G, C-H, C-S or I zoning districts, excepting single-family residences, and accessory buildings or uses not specified, pursuant to this chapter, as requiring a site plan and design review;

E.

Any expansion of the existing building (or active use area) by twenty-five percent or more. Expansions smaller than twenty-five percent may be approved by the planning director. However, any multiple expansions that cumulatively total more than twenty-five percent of the building area of an existing building during a time period of five or less years will require a site plan review.

(Ord. 435 § 4, 2007; Ord. 433 § 4, 2007; Ord. 409 § 4, 2004: Ord. 338 § 8, 1989; Ord. 319 § 1(part), 1987)

(Ord. No. 447-A, § 4, 7-27-2009; Ord. No. 454, §§ 5, 6, 3-12-2012)

The city planning commission may exempt from site plan and/or design plan review any of the items listed under Section 17.72.030. The planning director may authorize omission of any of the submittals listed in Sections 17.72.020 through 17.72.060.

(Ord. 319 § 1(part), 1987)

A.

The planning director shall review the submitted site plan and design application.

B.

If an application is incomplete, the applicant shall be so advised and the planning commission shall not be notified of the proposed development until the applicant(s) complete(s) the application.

C.

Upon receipt of a complete application, the planning director shall, prepare a report, recommended findings, and recommendations concerning the applicant's(s') proposal and shall present these to the planning commission.

D.

In making said preparations, the planning director may contact any potentially interested parties regarding the applicant's(s') proposed development for the purpose of obtaining comments and recommendations and/or for the purpose of notifications about the application.

E.

The planning director may also hold meeting(s) relevant to the application with any interested parties.

(Ord. 319 § 1(part), 1987)

(Ord. No. 454, § 7, 3-12-2012)

A.

The planning director shall review the submitted site plan and design application.

B.

If an application is incomplete, the applicant shall be so advised and the city planner shall take no action until a complete application is filed.

C.

Upon receipt of a complete site plan, the planning director shall review the application and approve, approve with conditions or deny the application, by administrative resolution. Approval of a site plan may be subject to conditions listed in Section 17.72.070.

D.

The approved site plan and administrative resolution shall be dated and signed by the planning director. One copy of the resolution shall be mailed to the applicant.

E.

Decisions of the planning director may be appealed to the planning commission in a manner similar to that outlined in Section 17.72.080. Decisions of the planning commission may similarly be appealed to the city council.

(Ord. 409 § 5, 2004)

A.

The planning commission shall conduct a meeting to review the applicant's(s') site plan and structure design plan.

B.

During such review the planning commission shall consider the planning director's report, suggested findings, and recommendations regarding said plans.

C.

The planning commission may also consider other information regarding said plans.

D.

Once the planning commission has conducted said review, the planning commission shall take one of the following actions:

1.

Approve subject to conditions;

2.

Modify subject to such conditions as the planning commission deems appropriate.

3.

Disapprove the site plan and/or structure design or postpone action. Upon postponement of action, the planning commission shall specify when further review and/or action shall take place. If the commission disapproves the site plan, no same or similar proposal may be submitted for one year following the commission's action. If the request is appealed to the city council and the council upholds the commission's action, no same or similar proposal may be submitted for one year following the council's action.

E.

The approved site and design plans with any conditions shown thereon or attached thereto, shall be dated and signed by the chairman of the planning commission. One copy of the said site plan and conditions shall be mailed to the applicant.

(Ord. 319 § 1(part), 1987)

(Ord. No. 454, §§ 8, 9, 3-12-2012)

A.

The planning commission may approve a site plan and/or structure design plan subject to such conditions as deemed by the planning commission to be necessary.

B.

Such conditions of approval may include, but are limited to:

1.

Conditions based on any portion of the city development and improvement guidelines or modifications of said guidelines;

2.

Conditions that may be imposed if the development borders or is traversed by an existing street or alley which require the applicant(s) to do one or more of the following:

a.

Dedicate all necessary rights-of-way to widen a bordering street or alley right-of-way to the extent of one-half the ultimate width of said bordering street or alley right-of-way;

b.

Dedicate all necessary rights-of-way to widen a traversing street or alley right-of-way to its ultimate width;

c.

Set back all facilities the required distances from ultimate property lines along a street or alley right-of-way;

d.

Install curbs, gutters, sidewalks, street signs, street lights and street trees along one side of a bordering street or alley or along both sides of a traversing street or alley;

e.

Install utilities, fire hydrants, and drainage facilities;

f.

Grade and improve bordering streets or alleys from the required edge of the pavement nearest the site to the centerline of the ultimate right-of-way;

g.

Grade and improve traversing streets from curb to curb;

h.

Grade and improve traversing alleys:

i.

Grade and improve the parking lane and one traffic lane adjacent to the development along a bordering street;

j.

Grade and improve both parking lanes and the traffic lanes of a traversing street.

C.

Conditions that require all improvements to be to the city standards and/or that provide for agreements to develop such improvements; and

D.

Conditions that require upgrading, relocation, removal, or demolition of existing structures, landscaping, or groundcover on the parcel of land to which a site plan or structure design plan would apply, or on rights-of-way that border or traverse said parcel of land.

(Ord. 319 § 1(part), 1987)

A.

The applicant or any other interested party may appeal the planning commission's action.

B.

The appeal shall be in writing, setting forth all materials that the applicant is relying on to appeal the decision of the planning commission.

C.

The appeal shall be accompanied by a filing fee as prescribed by city council resolution and shall be filed with the city clerk within ten days after the commission's action or the right to appeal the decision of the planning commission is deemed to be waived.

D.

Following the receipt of the written appeal and filing fee, the review on said appeal shall be set for city council by the city clerk within thirty days.

E.

The city clerk shall notify all interested persons immediately upon the matter being set for appeal review.

F.

Any interested party may request a written transcript to be prepared of such council review upon tendering the necessary fees for a reporter for said transcript.

G.

The council upon said review of the appeal may rely on the written notice of appeal or may take additional evidence at its own discretion.

H.

The council may approve, approve with conditions, or disapprove said plans based on the findings listed in Section 17.72.070 and/or other findings the city council finds relevant. The decision of the council shall be final and not subject to further approval. The decision need not be made at the same meeting as the appeal review. If the planning commission previously denied the site plan review and the city council upholds the commission's decision no same or similar application may be submitted for a period of one year after the council's decision.

(Ord. 319 § 1(part), 1987)

(Ord. No. 454, § 10, 3-12-2012)

A.

Before a building permit is issued for any structure proposed as part of the approved site and design plans, the city building inspector shall determine that the proposed structure location, facilities and improvements are in conformity with the site and design plans and conditions approved by the planning commission or city council.

B.

Before a building or structure may be occupied or used, the city building inspector shall certify that the structure and its site have been developed in conformity with the site and/or design plans and conditions approved by the planning commission or city council.

(Ord. 319 § 1(part), 1987)

A site and/or design 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 becomes effective unless, prior to the expiration of one year, a building permit is issued by the city and construction is commenced and diligently pursued toward completion on the site which was the subject of the site and/or design plan approval, or a written request for extension is submitted to the planning director or planning commission thirty days prior to the approval expiration.

(Ord. 409 § 6, 2004: Ord. 319 § 1(part), 1987)

A.

A site plan and/or design approved 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 land upon which the site plan and/or design review was approved.

B.

If, prior to the expiration of the approved plan, the owner(s) of said land does not wish to continue with the approved plan, the planning commission, at the request of said owner(s), may by resolution cause a site plan and/or design approval to become void.

(Ord. 319 § 1(part), 1987)

A violation or violations of the provisions of this chapter, or of any condition or conditions of site plan or design plan approval, shall be investigated by the city manager or his/her authorized representative.

(Ord. 319 § 1(part), 1987)

A.

On or after June 26, 1987, a violation or violations of the provisions of this chapter or of any condition or conditions of approval of a site plan and design review shall be deemed a public nuisance and a misdemeanor.

B.

The city manager and/or city attorney shall enforce the provisions of this chapter or of any condition or conditions of approval of a site plan and/or design review as provided for in Chapter 17.108.

(Ord. 333 §§ 1, 4, 1988: Ord. 319 § 1(part), 1987)