The purpose of the site plan review is to minimize or preclude potential adverse impacts to the public interest or on abutting properties and adjacent residential, commercial and industrial neighborhoods, resulting from the design or layout of a proposed development.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.1)

The planning commission shall have the authority, subject to the procedure and limitations set forth herein, to review and approve, approve with conditions or deny approval of a development plan through a site plan review process.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272)

A site plan review is required for all residential projects resulting in three or more dwelling units and for all commercial and industrial projects involving the construction of five thousand square feet or more of building area. A separate site plan review is not required for projects which require the approval of a conditional use permit.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.2)

Submittal of corrected construction plans for a building permit plan check shall be considered application for a site plan review. The application shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.3)

A.

An application for a site plan review shall include construction plans and a plot plan of the subject property showing proposed buildings, and any adjacent existing buildings or improvements as well as finished grade and floor elevations for a distance of at least twenty feet beyond the boundaries of the proposed development.

B.

In addition, an application shall include a location map showing the subject property as well as the surrounding areas along with a list of names and addresses of all surrounding property owners as set forth in Chapter 17.78 of this code, and any other data as may be required by the director of planning to adequately present the application to the planning commission. This resubmittal shall be considered application for a site plan review by the planning commission.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.4)

The director of planning shall set the request for a site plan review for a public hearing before the planning commission in the manner specified in Chapter 17.78 of this code.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.5)

Before any site plan review shall be granted, all of the following findings must be made:

A.

That the proposed design for improvement complies with all requirements of the Montebello Municipal Code;

B.

That the proposed design for improvement is consistent with the general plan;

C.

That the proposed design for improvement will not have any significant adverse impact on the surrounding properties or on the general public welfare.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.6)

The commission may approve a development plan subject to a site plan review with such conditions as the commission finds are warranted by the circumstances involved. These conditions may include the dedication and development of streets adjoining the property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of a building permit and certificate of occupancy; and shall restrict and limit the construction and location of all structures within the development.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.8)

Within twenty days after completion of the public hearing, the planning commission shall announce its findings on the request unless the review period is extended with the consent of the applicant. The commission may approve, conditionally approve or deny a development plan subject to the site plan review process based on the evidence submitted and its own study and knowledge of the circumstances.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.7)

Not later than seven days following the planning commission's action in approving or denying a development plan subject to the site plan review process, a notice shall be mailed to the applicant at the address shown on the application plans and to any other person requesting a copy. Such notice will state the planning commission's decision and all conditions of approval, if any, pursuant to that decision.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.9)

Any condition imposed upon the approval of a development plan subject to a site plan review may be modified or eliminated, or new conditions may be added; provided, that the granting body shall first conduct a public hearing in the same manner as required for the granting of the original application. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest and/or adjacent or abutting properties; or, in case of deletion of an existing condition, that such action is necessary to permit reasonable development of the site.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.12)

The provisions of Chapter 17.78 of this code, regarding appeal of the commission's action and the effective date of approval, shall apply.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.10)

The approval of a development plan to the site plan review process shall expire when the building permit application for the development expires, unless otherwise specified by the planning commission.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.11)

Where a development plan subject to the site plan review process is denied by the panning commission, or by the city council upon appeal of the decision of the planning commission, the application may be refiled within one year of such decision only if the basis for the denial as contained in the minutes of the planning commission or city council action is addressed by a revised plan. Any application may be refiled in the same form after one year of the planning commission or city council decision.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.13)