Fullerton City Zoning Code

   These regulations are intended to provide for the development of property in accordance with the general purposes of this chapter, as well as determine compliance with the property development standards stated in the chapter.

(Ord. 2982, passed - -2001; Ord. 3131, passed - -2009; Ord. 3232, passed - -2016)

   For the purposes of this chapter, the following types of projects shall be reviewed as a site plan:

   (A)   Any new use of vacant land;

   (B)   New construction, rehabilitation which alters the exterior facade, or expansion of more than 25% of existing square footage in any commercial or industrial zone classifications;

   (C)   New construction, rehabilitation which alters the street-facing elevation, or expansion of more than 50% of existing square footage in a residential zone;

   (D)   The construction of a new second floor addition regardless of the square footage in a residential zone;

   (E)   New construction, alteration, expansion or demolition in Residential Preservation Zone classifi- cations when required by § 15.17.060 of this title;

   (F)   New construction, alteration, expansion or demolition in Landmark Districts; or in the Central Business District when design review is required by the Central Business District Design Guidelines;

   (G)   New construction, alteration, expansion or demolition involving a historical landmark or significant property as required by Chapter 15.48 of this title; or

   (H)   A subdivision of land pursuant to Title 16.

(Ord. 2982, passed - -2001; Ord. 3232, passed - -2016; Ord. 3267, passed - -2018)

   (A)   Notwithstanding any other provisions of this chapter, a site plan shall be considered minor if:

      (1)   The project qualifies for an exemption (categorical or statutory) from the requirements of CEQA; and

      (2)   The project does not require a discretionary action (CUP, variance, minor exception and the like).

   (B)   A site plan shall be considered major if:

      (1)   The project does not qualify for an exemption (categorical or statutory) from the requirements of CEQA; and

      (2)   The project requires a discretionary action (CUP, variance, minor exception and the like).

(Ord. 2982, passed - -2001; Ord. 3232, passed - -2016)

   (A)   A minor or major site plan application shall include a site plan, floor plan elevations and a landscaping concept plan which depicts the basic landscaping theme of the development. The Director of Community and Economic Development shall prescribe the form in which an application shall be made for review of a site plan. The owner, his or her agent, an optionee or lessee of the subject property may make an application, but in all cases the owner(s) of record of the subject property(s) shall sign the application. The application shall be filed with the Community and Economic Development Department, along with payment of a filing fee established by City Council resolution.

   (B)   The procedure for the review of a site plan shall be determined by the Director of Community and Economic Development using one of the following types of applications.

      (1)   Minor site plan.

         (a)   The following criteria shall apply to all projects reviewed as a minor site plan:

            1.   The project/use is permitted in the zoning classification.

            2.   The project meets all applicable development standards.

            3.   The project meets all applicable design criteria as specified in § 15.47.060 or other applicable design guidelines.

         (b)   The Director of Community and Economic Development may approve, conditionally approve, deny or refer the application to the Planning Commission, pursuant to Chapter 15.70, for review and decision, unless otherwise stated in this title.

         (c)   A decision by the Director of Community and Economic Development may be appealed pursuant to Chapter 15.76 of this title.

      (2)   Major site plan.

         (a)   Projects which meet the applicability pursuant to § 15.47.020 of this chapter but do not meet the criteria for a minor site plan shall be reviewed as a major site plan.

         (b)   The following criteria shall apply to all projects reviewed as a major site plan:

            1.   The project/use is permitted or conditionally permitted in the zoning classification;

            2.   The project meets all applicable development standards; and

            3.   The project meets all design criteria as specified in § 15.47.060.

         (c)   A major site plan shall be subject to staff review before being set for hearing before the Planning Commission.

         (d)   The decision of the Planning Commission shall be final unless appealed pursuant to Chapter 15.76 of this title.

         (e)   All hearings shall be noticed pursuant to Chapter 15.76 of this title.

   (C)   The Planning Commission may impose such conditions and standards, in addition to the conditions and standards required in the underlying zone, as will ensure adequate ingress and egress without an undue number of driveways on major streets; public right-of-way and improvements; and reasonable compatibility with the surrounding area.

   (D)   The Director of Community and Economic Development may approve minor modifications to an approved site plan, but major modifications shall require rehearing by the same process utilized to approve the original site plan.

   (E)   An approval of a site plan becomes null and void if not exercised within the time specified in said approval, or if no date is specified, 24 months from the date of approval of the site plan. Upon written request of the applicant, the authority that gave final approval to the original request may extend the time at which such approval expires. An appeal to the decision of such request may be filed pursuant to Chapter 15.76 of this title.

   (F)   An application of a major site plan that is accompanied by a subdivision application for a vesting tentative map pursuant to the provisions of Title 16 of this code shall be reviewed concurrently. An approval of the major site plan shall run with the life of the vesting tentative map. Notwithstanding division (E) above, no extension of time for the major site plan shall be required unless the vesting tentative map expires. At the time of expiration of the vesting tentative map, all proceedings shall terminate and a new application for the subdivision and a major site plan shall be required.

   (G)   No building permit shall be issued for any private improvements approved by a site plan until the public rights-of-way, public facilities and public improvements thereby required have been provided, or the provisions thereof have been assured in the same manner as permitted by the State Subdivision Map Act, Cal. Gov’t Code Title 7, Division 2 (commencing with § 66410). No building permit shall be issued for any such private improvements contrary to any conditions or standards required by a site plan or by this title.

   (H)   No building permit shall be issued for any private improvement until the Director of Community and Economic Development determines that the plans for such improvement substantially comply with the requirements of the approved site plan.

(Ord. 2982, passed - -2001; Ord. 3131, passed - -2009; Ord. 3232, passed - -2016; Ord. 3267, passed - -2018)

   (A)   No specific zoning standards shall be established by this chapter. Rather, the development standards of the underlying zone shall be used as a guideline for a review of the proposed site plan.

   (B)   In addition to the design criteria specified in § 15.47.060, consideration shall be given to use, parcel size and shape, setbacks from all property lines, land coverage, building height and bulk, landscaping, access, parking, circulation and compatibility with surrounding properties in the evaluation of a proposed site plan.

(Ord. 2982, passed - -2001; Ord. 3131, passed - -2009; Ord. 3232, passed - -2016)

   The following criteria shall be used to review and evaluate the appropriateness of a site plan and shall form the basis for a recommendation on the plan.

   (A)   General.

      (1)   Creating a development that is pleasant in character and is harmonious with the past development of the city.

      (2)   Minimizing the disruption of existing natural features such as trees and other vegetation and natural ground forms.

      (3)   Illustrating a design compatibility with the desired developing character of the surrounding area.

      (4)   Recognizing views, climate and the nature of outside activities in the design of exterior spaces.

      (5)   Preserving public views and scenic vistas from unreasonable encroachment.

   (B)   Buffering.

      (1)   Screening exterior trash and storage areas and service yards from view of nearby streets and adjacent structures in a manner that is compatible with building site design.

      (2)   Minimizing noise within the project as well as noise created by the proposed project (traffic, air conditioning, use and the like) that may negatively impact the surrounding area.

   (C)   Grading.

      (1)   Blending any proposed grading with the contours of adjacent properties.

      (2)   Ensuring that all on-site drainage patterns will occur on or through areas designed to serve this function.

   (D)   Circulation.

      (1)   Creating traffic patterns that minimize impacts on surrounding properties and streets and accommodate emergency vehicles.

      (2)   Creating circulation systems that avoid conflicts between vehicular, bicycle and pedestrian traffic.

      (3)   Ensuring that the proposed project accommodates individuals with physical disabilities, via the provision of conveniently located handicapped parking stalls, ramps and the like.

   (E)   Building/site planning relationships.

      (1)   Siting buildings so as to avoid crowding and to allow for a functional use of the space between buildings.

      (2)   Siting buildings so as to consider shadows, changing climatic conditions, noise impacts as well as respecting the terrain and other circumstances favorable to the use of passive solar devices.

      (3)   Designing and/or screening all rooftop mechanical and electrical equipment as an integral part of the building design.

   (F)   Landscaping.

      (1)   Designing landscaping to create a pleasing appearance from both within and off the site.

      (2)   Ensuring that landscaping accommodates adequate sight distances for motorists and pedestrians entering and exiting the site and does not interfere with circulation effectiveness.

      (3)   Providing landscaping adjacent to and within parking areas in order to screen vehicles from view and minimize the expansive appearance of parking areas.

      (4)   Ensuring that all landscaping and its corresponding irrigation systems will conform to Chapter 15.50 of this title.

(Ord. 2982, passed - -2001; Ord. 3134, passed - -2009; Ord. 3232, passed - -2016)