A.

The purposes of the site plan review process are to assure that developments are reviewed and found in conformity with the intent and purpose of this chapter and other applicable city codes, standards and design guidelines, and to guide the building department and planning department 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 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 of California.

B.

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

1.

Any new or expanded use within all zone districts, excepting single-family residential uses which are to be constructed on a site with complete street improvements.

2.

Any use subject to an environmental impact assessment under applicable provisions of city policy as adopted by resolution pursuant to the California Environmental Quality Act of 1970, as amended or as otherwise required by the California Environmental Quality Act of 1970, as amended or as otherwise required by applicable law.

C.

Site plan review is required to be completed prior to the submittal of any future applications for entitlements.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

The site plan review committee shall be comprised of staff representatives of the fire, engineering, planning, building, solid waste, police, community services and public works departments. In addition, the planning department may request input from any other city department or public agency such as the school district and Selma-Kingsburg-Fowler County Sanitation District.

B.

Powers and Duties. The site plan review committee shall review and approve, conditionally approve or deny a site plan review application in accordance with city codes and ordinances. If additional permits or entitlements are required, the site plan review committee determinations will be forwarded to the appropriate decision making body.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The applicant shall submit an application to the planning department on a form prescribed by the planning department. The application shall be submitted with twelve (12) full size copies of a site plan, drawn to scale, and one copy reduced to dimensions of 8-1/2" x 11" or 11" x 17", which shall indicate clearly and with full dimensions the information prescribed by the planning department. 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, proposed use;

C.

Yards and space between buildings;

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.

A preliminary or conceptual landscape plan must be submitted for site plan review. A final landscape plan must be submitted prior to issuance of building permits. The final landscape plan shall include the species, quantity, size, location and irrigation system.

K.

Refuse enclosures: location, type and material.

L.

Existing utilities to the site.

M.

Any phasing of the project shall be included in part of the application.

N.

Projects located within Level 1 or Level 2 as defined in Subsection 17.80.010B shall be required to submit elevations in compliance with Chapter 17.80 of this title.

O.

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

P.

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

A.

Within fifteen (15) city working days after submission of the site plan, the site plan review committee shall review the site plan. The committee shall approve, conditionally approve, or disapprove the site plan. Any approved site plan shall satisfy all the following conditions:

1.

That all applicable provisions of this code are complied with;

2.

That the following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected with no adverse effect on surrounding property and the site plan conforms with city standards, specifications and policies:

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 17.72.060, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees, and other development fees, when applicable. A traffic study may be required if impacts to roads are anticipated.

e.

Regulation of points of vehicular ingress and egress.

f.

Regulation of signs, in accordance with the standards prescribed under Chapter 17.56 of this title.

g.

Requiring maintenance of the grounds and the undergrounding of utilities.

h.

Requiring landscaping and refuse enclosures and maintenance thereof.

i.

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

n.

Such other requirements which reasonably may be required to ensure compliance with city codes and policies.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

To approve a site plan, the site plan review committee must make all of the following findings:

A.

That the site plan complies with all applicable provisions of this code and all applicable city standards and specifications.

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 services.

6.

Walls and fences.

7.

Landscaping, including screen planting and street trees.

8.

Drainage of site.

9.

Refuse enclosures.

C.

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

D.

Proposed signs will comply with all of the applicable provisions of Chapter 17.56 of this title.

E.

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

F.

The site plan conforms with all other applicable laws, rules and regulations relating to traffic safety, street dedications and street improvements, environmental quality, and zoning, fire, police, building and health and safety codes.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Because of changes that may occur due to drainage conditions, utility service requirements, or vehicular traffic generated by projects 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 (2) outside traffic lanes, or the full width of, a traversing arterial street.

11.

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 greater than that generated by the proposed project.

B.

Except as provided in Sections 17.72.060C and D, all new roads shall be dedicated and improved in accordance with the requirements of Section 17.72.060A.

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 Sections 17.72.060A.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 Sections 17.72.060A.5 and 10, pertaining to arterial streets, may be waived.

E.

All improvements shall be to city standards existing at the time the improvements are constructed and installed and shall be installed at the time of construction of the proposed development. Where it is determined by the city that it is impractical to construct and install any or all improvements at the time of construction of the proposed development, an agreement to construct and install such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the construction and installation 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 and labor and materials bonds 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 construction and installation of such improvements.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

Within ten (10) calendar days after the date of decision on a site plan application by the site plan review committee, the decision may be appealed to the planning commission by the applicant or any other interested party. An appeal shall be filed with the planning department. The appeal shall specifically identify the error or abuse of discretion by the site plan review committee or other reasons for the appeal.

B.

The appeal shall be placed on the agenda of the planning commission's next regular meeting after expiration of the ten-day appeal period. The planning commission shall approve, approve with conditions, or disapprove the site plan, based on the findings set forth in Section 17.72.050. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.04.090 of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

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 the proposed building location, facilities and improvements are in conformity with the approved site plan and any applicable environmental mitigation monitoring agreement. Before a building may be occupied or a sign erected, the building official shall certify to the planning department that such improvements have been made in conformity with the approved site plan, the project plans and all applicable provisions of this code, all applicable city standards and specification and all other applicable fire, building and health and safety codes, rules and regulations.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

A site plan approval shall automatically expire and be of no further force or effect one year following after the date of approval by the site plan review committee, or if appealed, the approval by planning commission or city council, 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 of the site or structures which were the subject of the site plan.

B.

Site plan approval may be extended only once for an additional period of up to one year upon written application to the planning commission before expiration of the initial one year approval.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Upon violation of any of the applicable provisions of this chapter or the violation or failure to complete or satisfy any of the provisions of an approved site plan, including, without limitation, compliance or satisfaction of any site plan conditions of approval, a site plan approval shall be automatically suspended. Notice of such suspension shall be sent to the person responsible for non-compliance by the building official. Within thirty (30) days after the suspension, the planning commission shall consider the suspension. If the violation or failure to satisfy a condition has not been cured, the planning commission may revoke the site plan approval or take such other action as may be necessary to ensure compliance.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A site plan 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 site which was the subject of the site plan.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A site plan granted under the provisions of this chapter may be revised as to features of the site plan previously approved, provided that such revisions are minor as determined by the planning director. Application for minor revisions shall be made in the same manner as prescribed by Section 17.72.030 of this code.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

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 (10) or more dwelling units shall be reviewed under planned unit development (PUD) provisions of this 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 and this code.

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 Fresno or Tulare 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 twenty (20) or more dwelling units shall include a minimum of twenty percent (20%) of net site area developed as landscaped open space, including front, side and rear yard areas required by this title. A minimum of ten percent (10%) 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 four hundred (400) square feet for preschool children for each increment of fifty (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 five thousand (5,000) square feet for passive recreation (e.g., lounging, sun bathing, barbecue, reading, conversation), and including areas to be shaded by trees and/or structures.

E.

Multi-family projects involving less than twenty (20) dwelling units shall include a minimum of ten percent (10%) 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 lawn area that is irrigated by an automatic system.

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 eight hundred (800) square feet of water surface area per pool and one thousand six hundred (1,600) square feet of land area for related facilities, for each forty (40) dwelling units.

G.

Where multi-story dwelling units are proposed adjacent 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 city to assure visual compatibility and residential privacy.

H.

Notwithstanding the provisions of Subsection 17.52.020D.1 of this title, 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 (4) dwelling units. On-street parking spaces may be substituted for visitor parking at the ratio of one space for each eight (8) 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 department, including automatic irrigation.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)