A.

The purposes of the site plan review process are to enable the planning commission to make a finding that the proposed development is in conformity with the intent and provisions of this ordinance and to guide the building official in the issuance of building permits. More specifically, site plan review is provided to ensure the following:

1.

That structures, parking areas, walks, refuse containers, landscaping, lighting and street improvements are properly related to their sites and to surrounding sites and structures;

2.

To prevent excessive grading of the land and creation of drainage hazards;

3.

To prevent the indiscriminate clearing of property and the destruction of trees and shrubs of ornamental value;

4.

To avoid unsightly, inharmonious, monotonous and hazardous site development, 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 intended to provide for expeditious review of environmental impact assessments required by official policy of the city and laws of the state.

B.

Site plan review provisions of this article shall apply to the following uses:

1.

Any use within the RCO, UR, R, RM, C and I districts, excepting single-family residential use which is to be constructed on a residential site with complete street improvements.

2.

Any use subject to an environment impact assessment under applicable provisions of city policy as adopted by resolution pursuant to the California Environmental Quality Act (CEQA) of 1970, as amended.

C.

Minor change in property use or change in occupancy:

1.

Minor changes in property use or occupancy that do not warrant full site plan review as determined by the building official will be required to make reasonable minor improvements or upgrade existing improvements under the provisions of section 1504.

2.

Minor changes in property use or occupancy that are obviously in a neglected state of repair or maintenance, as determined by the building official, will be required to be processed as a site plan review and be required to totally upgrade the property under the provisions of section 1504.

D.

A separate site plan review shall not be required of any use to be considered and approved as a conditional use under article 14 of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

The applicant shall submit prints of the site plan, drawn to scale, and one copy reduced to dimensions of 8½″ × 11″ or 11″ × 17″, which shall indicate clearly and with full dimensions the information prescribed by this section. Such information may include, but shall not be limited to the following:

A.

Lot or site dimensions.

B.

All buildings and structures: location, size, height, floor area proposed use.

C.

Yards and spaces between buildings; site area and dimensions.

D.

Walls and fences: location, height and materials.

E.

Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

F.

Access—pedestrian, vehicular, service, points of ingress and egress, internal circulation.

G.

Signs: location, size, height and type of illumination, if any, including hooding devices.

H.

Lighting: location and general nature, hooding devices.

I.

Names of all adjacent streets, roads or alleys, showing rights-of-way and dedication widths, reservation widths, and all types of improvements existing or proposed.

J.

Landscaping: location, type, size and botanical and common names of plants and method of irrigation.

K.

Refuse enclosures: location, type and material.

L.

North arrow, scale of drawing and name, address and phone number of the person who prepared the site plan.

M.

Such other data pertaining to site development as may be required by the planning commission to make the required findings.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

Within fifteen (15) working days after submission of the site plan, the building official shall review the site plan. If the 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 ordinance, the building official shall inform the applicant and shall not act on the application until proper application for a variance or an amendment has been filed with the city and acted upon as prescribed by this ordinance.

B.

Except as provided under subsection 1503.A above, or if a longer period is required to meet the requirements of section 1508, within 25 working days after the submission of the site plan, the planning commission shall approve, with conditions, or disapprove the site plan. In approving the site plan, the commission shall make the findings prescribed under section 1505.

C.

The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the building official, 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 building official in the manner required for drawings first submitted.

(Ord. No. 2015-01, § 1, 4-8-2015)

In recommending approval of a site plan, the building official and/or the city's planner shall state those conditions of approval necessary to protect the public health, safety and general welfare. To the extent applicable, such conditions shall include consideration and/or requirement of the following:

A.

Special yards, spaces and buffers.

B.

Fences and walls.

C.

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

D.

Requiring street dedications and improvements, subject to the provisions of section 1506, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees, and other development fees, when applicable.

E.

Regulation of points of vehicular ingress and egress.

F.

Regulation of signs, in accordance with the standards prescribed under article 12 of this ordinance.

G.

Requiring maintenance of the grounds and the under grounding of utilities.

H.

Requiring landscaping and automatic irrigation, and refuse enclosures and maintenance thereof.

I.

Regulation of noise, vibration, orders and other similar operational characteristics.

J.

Measures necessary to eliminate or to effect mitigation to acceptable levels of environmental impact.

K.

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

L.

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

M.

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 ordinance.

N.

Such other requirements which reasonably may be required by the planning commission consistent with the purposes of this article.

(Ord. No. 2015-01, § 1, 4-8-2015)

In taking action on a proposed site plan, the planning commission shall make all of the following findings:

A.

That the site plan complies with all applicable provisions of this ordinance.

B.

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:

1.

Facilities and improvements.

2.

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

3.

Setbacks.

4.

Height of buildings.

5.

Location of public services.

6.

Walls and fences.

7.

Landscaping, including screen planting and street trees and irrigation.

8.

Drainage of site.

9.

Refuse enclosures.

C.

Proposed lighting is so arranged as to deflect the light away from adjoining properties and adjacent streets.

D.

Proposed signs will comply with all of the applicable provisions of article 12 of this ordinance.

E.

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

In making the above findings, the planning commission 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. No. 2015-01, § 1, 4-8-2015)

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:

A.

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:

1.

Dedicate all necessary rights-of-way to widen a bordering minor or collector street to the extent of one-half (½) 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.

2.

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.

3.

Dedicate all necessary rights-of-way to widen a bordering or traversing arterial street to the standards of width established by the city for the arterial street.

4.

Set back all facilities the required distance from ultimate property lines along an arterial street as shown on any master, official or precise plan of streets and highways, or by the city's general plan.

5.

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 arterial street.

6.

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

7.

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

8.

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

9.

Grade and improve the parking lane and one traffic lane adjacent to the development, or the full half width along a bordering arterial street.

10.

Grade and improve both parking lanes and the two outside traffic lanes, or the full width of, a traversing arterial street.

The extent of improvements required for arterial street improvements will be based on the extent of traffic generated by the proposed project, with reimbursement by agreement with the city to be provided where the extent of improvement is significantly greater than that generated by the proposed project.

B.

Except as provided in subsections 1506.C and D, all new roads shall be dedicated and improved in accordance with the requirements of subsection 1506.A.

C.

Where a frontage road is provided and improved along an arterial street in accordance with city standards, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of subsections 1506.A.5 and 10, pertaining to arterial streets may be waived.

D.

Where total access to or from a bordering or traversing arterial street is prohibited as a condition of approval, or by law, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of subsectiond 1506.A.5 and 10, pertaining to arterial streets, may be waived.

E.

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 150 percent of the estimated cost of improvements, as estimated by the city engineer, to guarantee the making of such improvements.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

Within ten days following the date of decision on a site plan application by the planning commission, the decision may be appealed to the city council by the applicant or any other interested party. An appeal shall be filed with the city clerk. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or wherein its decision is not supported by the evidence in the record.

B.

Within five days following the filing of an appeal, the secretary of the planning commission shall transmit to the city clerk the drawings of the site and all other data filed therewith, the findings of the planning commission and the commission's decisions on the application for review and action by the city council. The city clerk shall give notice to the applicant and to the appellant (if not the applicant) of the time when the appeal will be considered by the city council.

C.

The city council shall hear the appeal at its next regular meeting held not less than ten days after the filing of the appeal. The council may affirm, reverse or modify a decision of the planning commission, provided that if a decision is modified or reversed, the city 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 1505 of this article.

D.

A site plan which has been the subject of an appeal to the city council shall become effective immediately following the date on which the site plan is affirmed or modified by the council.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

Environmental impact assessment: A site plan approved pursuant to the provisions of this article shall be considered in relation to requirements of city policy governing the preparation of environmental impact assessments (EIAs), including initial studies prepared as a basis for a determination for a negative declaration, mitigate negative declaration or an environmental impact report (EIR). It is the intent of this article that an initial study - environmental impact assessment be made concurrently with and as part of the site plan review process, and that a site plan may be approved with conditions that will permit the city council to find that the proposed project will not have significant adverse physical effects on the environment and that a negative declaration or mitigated negative declaration should be prepared.

B.

Environmental impact reports: Where it is determined by the city that an 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 shall, at the completion of said EIR review, attach such conditions to the approval of the site plan as in their judgment or the judgment of the city council will mitigate or reduce to acceptable levels any of the environmental impacts identified during review of the EIR. The planning commission may deny a site plan if it is found that such mitigation or reduction of environmental impacts is not feasible.

C.

Monitoring program to assure compliance with mitigation measures: As a condition of the agreement between the city and the applicant, or as a condition of site plan approval, the city shall institute an EIR mitigation monitoring program to meet the requirements of Public Resources Code section 21081.6, and as may be amended. Mitigation monitoring shall take place during all successive review procedures of the building construction and land development process, including at the time of plan checking for buildings and public and private improvements, during field inspection of construction, at the time of the issuance of an occupancy permit, and during ensuing operations of the project after project completion.

The ultimate responsibility for the monitoring of mitigation measures shall rest with the city. However, to the extent practical, short-term or on-going responsibility may be shared by the city with the party responsible for project management and operation after project completion, and especially where ongoing operations are required to meet specific standards. The initiation and conduct of an adequate mitigation monitoring program shall apply to a project approved with a "mitigated" negative declaration or with an EIR.

(Ord. No. 2015-01, § 1, 4-8-2015)

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 and any applicable mitigation monitoring agreement. Before a building may be occupied or a sign erected, the building official shall certify to the planning commission that such improvements have been made in conformity with the plans, programs and conditions approved by the planning commission and/or city council.

(Ord. No. 2015-01, § 1, 4-8-2015)

A site plan approval shall lapse and shall become void one year following the date on which approval by the 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 of an extension for multi-family developments may be considered and approved only if evidence is provided satisfactory to the city setting forth circumstances beyond the control of the applicant that warrants approval of the extension. Approval of extensions for non-residential developments may be extended once only for an additional period of one year upon written application to the planning commission before expiration of the first approval.

(Ord. No. 2015-01, § 1, 4-8-2015)

The revocation of a site plan shall be governed by the provisions of Section 1414 of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

A site plan approved pursuant to the provisions of this article 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. No. 2015-01, § 1, 4-8-2015)

A site plan granted under the provisions of this article may be revised as to features of the site plan previously approved, provided that such provisions are minor as determined by the building official. Application for minor revisions shall be made in the same manner as prescribed by section 1418 of this code.

(Ord. No. 2015-01, § 1, 4-8-2015)

All residential development, other than single-family detached housing on individual lots, on land designated by the general plan for medium density or high density shall be developed in accordance with the following standards:

A.

Multi-family residential projects involving ten or more dwelling units shall be reviewed under planned unit development (PUD) provisions of the zoning code.

B.

The extent and rate at which multi-family development is allowed to occur during a given year shall be governed, in part, by realistic demands in the housing market as established by competent housing market analysis to be submitted by the applicant. Unsubstantiated market analysis shall be grounds for project disapproval by the city, even though multi- family use is designated for the property being considered by the general plan. The extent and rate of multi-family development shall also be governed by the policies and criteria for growth management as contained in the city's general plan.

C.

For projects intended to meet the housing needs of low and moderate income, market potential which depends solely on meeting the needs of households which reside in other cities or parts of Sacramento, San Joaquin or Solano Counties, and which exceeds the city's regional "fair-share" housing commitment under the housing element of the general plan may be grounds for project disapproval by the city.

D.

Multi-family projects involving 20 or more dwelling units shall include a minimum of 20 percent of net site area developed as landscaped open space, including front, side and rear yard areas required by this ordinance. A minimum of ten percent of net site area, excluding required yard areas, shall be developed for the common recreation use of tenants, and shall include the following:

1.

One tot lot having a minimum area of 400 square feet for preschool children for each increment of 50 dwelling units or less, excluding studio and one bedroom units and units intended solely for the elderly. Such tot lots shall contain a confined sand base, safe play equipment and security fencing where appropriate, as determined by the city.

2.

An area or areas aggregating at least 5,000 square feet for passive recreation (e.g., lounging, sun bathing, barbecue, reading, conversational), and including areas to be shaded by trees and/or structures.

E.

Multi-family projects involving less than 20 dwelling units shall include a minimum of ten percent of net site area developed as landscaped open space, excluding required yard areas, for the recreation use of tenants.

F.

For multi-family projects where the applicant requests a partial waiver of recreation impact fees required by city ordinance, all of the following areas and facilities shall be provided on a minimum of one acre of aggregate site area:

1.

Recreational open space for either passive or active recreational use, including at least one-half (½) acre of aggregate site area:

2.

Court areas involving any combination of area for tennis, badminton, volleyball, shuffleboard or similar hard-surfaced court game areas.

3.

Recreational swimming areas devoted primarily to swimming and wading, including lap pools and training pools, and further including adjacent area in lawn, decks, cabanas or similar pool-side facilities, at a standard of 800 square feet of water surface area per pool and 1,600 square feet of land area for related facilities, for each 40 dwelling units.

G.

Where multi-story dwelling units are proposed adjacent to existing or planned low density residential areas, building elevations and the locations of windows, balconies and air conditioning units above the first floor shall be reviewed by the planning commission to assure visual compatibility and residential privacy.

H.

Notwithstanding the provisions of subsection 1102.D.1, all multi-family developments shall provide off-street parking for visitors at locations reasonably central to the units to be served at a ratio of one space for each four dwelling units. On-street parking spaces may be substituted for visitor parking at the ratio of one space for each eight units.

I.

Excluding visitor parking, at least one-half (½) of all off-street parking spaces in multi- family developments shall be covered by a garage or carport.

J.

Site development and maintenance shall be in accordance with a comprehensive landscape development plan approved by the planning commission, including automatic irrigation.

(Ord. No. 2015-01, § 1, 4-8-2015)