Construction of new buildings in all zones, and exterior additions to existing buildings in all commercial and industrial zones shall require that the planning commission first make a finding that the proposed new building/exterior addition is in conformity with both the intent and provisions of this title. Structures associated with the drilling for and/or production, handling, storage, extraction and removal of oil, gas and other hydrocarbons shall be subject to development plan review regardless of the zone within which they are located.

Exceptions.

Unless otherwise specified in this title, a site plan review application shall be required for all new development. The applicant shall submit a site plan review application to the development services manager or designee and shall pay a fee as established by resolution of the city council. The development services manager or designee shall determine the provisions of Section 23.75.020 applicable to said application.

Unless otherwise specified in this title, the site plan shall be reviewed by the development services manager or designee for conformity with the provisions of the zone in which the development is to occur.

That the development, buildings or structures will conserve property values, promote the direction of building development according to this title, and will not be detrimental to the character of the zone in which the development is proposed, or to suitability of the zone for the particular uses proposed, nor to the character of buildings already erected in the district;

That the proposed development indicates adequate consideration for the other existing or contemplated uses of land in the general area and for the orderly development of the general area;

That the design, functional plan and exterior architecture of the proposed structure will not be at variance with either the design, functional plan or exterior architecture of the structures already constructed or being constructed in the zone district and the immediate neighborhood of the proposed site as to cause a substantial depreciation of property values in the neighborhood;

That the plans indicate the manner in which adjacent structures are protected against noise, vibration and other factors which tend to make the environment less desirable and that such methods are reasonably efficient and satisfactory;

That all of the provisions of this title are complied with;

That the following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect on surrounding property:

That the proposed lighting is arranged so as to reflect the light away from adjoining properties;

That proposed signs or outdoor advertising structures will not, by size, location, color or lighting, interfere with traffic or limit visibility or depreciate the value of adjoining property or the neighborhood and shall conform to the sign regulations, contained in Chapter 23.90;

That the proposed landscaping shall be designed to enhance the visual and physical use of the property, screen deleterious uses, and in applicable development projects, will incorporate xeriscape principles in accordance with the provisions of Chapter 23.77;

That a solid masonry wall shall be provided around the perimeter of all sites proposed for development. Additionally, all residential lots shall be provided with a solid masonry wall along the rear and side property lines. All walls shall conform to the height regulations contained in Section 23.81.100. Wall requirements may be specified or waived in part or total by a majority vote of the total membership of the planning commission or city council;

That off-street parking facilities shall be provided in conformance to the requirements of Chapter 23.78, and shall be designed in such a manner as to provide convenient access to all buildings;

That there shall be a ten (10) foot landscape buffer containing evergreen trees wherever a commercial or industrial zone abuts a residentially zoned district. The evergreen trees shall be of a low-water consuming variety in accordance with the provisions of Chapter 23.77;

That there shall be provisions for trash collection areas within one hundred (100) feet of each building. Said trash collection areas shall be constructed in accordance with the standard plans on file in the office of the chief building official.

Lot dimensions and easements;

All buildings and structures; location, size, height, materials, colors, and proposed use;

Yards and space between buildings;

Walls and fences; location, height, materials and color;

Off-street parking delineated as to: location, number of spaces and dimensions of parking area, internal circulation pattern, and wheel stops;

Detailed grading and drainage plans;

Access: pedestrian, vehicular, service, points of ingress and egress;

Signs, location, size and height;

Loading, location, dimensions, number of spaces, internal circulation;

Lighting, location and general nature, hooding devices;

Street dedications and improvements;

Landscaping, including names, types and sizes of plant materials to be used;

Irrigation system indicating type of system, location of water mains, and location and control valves and hose bibbs;

Such other data as may be required to permit the planning commission to make the required findings.

Public Hearing. The planning commission or, if the matter has been appealed pursuant to Section 23.75.050, the city council, as the case may be, shall hold a public hearing.

Notice of Public Hearing.

Failure to Receive Notice. Failure of any property owner to receive such notice shall not alter the validity of the hearing.

It meets or exceeds the criteria established in Section 23.75.020; and

There have been attached any other conditions necessary to prevent: (A) detriment to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (B) injurious to the property or improvements within the neighborhood or within the city, and;

The proposed development will be consistent with the latest adopted general plan; and

Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions, are made part of the development approval.

The decision of the planning commission shall be final unless appealed in writing to the city council by the applicant or any other interested person (as defined in Chapter 23.04) within ten (10) calendar days. The letter of appeal shall be accompanied by a processing fee as established by city council resolution. The letter shall be filed with the city clerk’s office.

Any member of the city council may appeal the decision of the planning commission in writing within ten (10) calendar days. The letter shall be filed with the city clerk’s office.

There shall be a hearing before city council and notices, given as provided in Section 23.75.035(b) and (c), shall apply.

The city council shall make its own determination as to whether the proposed development meets the standards outlined in Section 23.75.040 and may approve, modify or disapprove the decision of the planning commission. Any significant modification of the proposed development, not previously considered by the planning commission during its hearing, may be, but is not required to be, referred to the planning commission for report and recommendation. The planning commission shall not hold a public hearing on the proposed modification. Failure to report on the proposed modification within forty (40) days, or such longer period as the council may designate, shall be deemed an approval of the proposed modification.

Any site development approval granted in accordance with the terms of this title shall expire if not used within two (2) years from the date of final approval.

Upon application filed prior to the expiration of the approved site development, the time at which such site development expires may be extended by the planning director for a period not exceeding one (1) year.

If the planning director denies the application for extension, the applicant may appeal to the city council within ten (10) calendar days after denial by the planning director by filing with the city clerk a letter of appeal accompanied by a processing fee as established by city council resolution.

A site development approved in conjunction with a vesting tentative map shall expire at the time that the corresponding map expires. If an extension is granted for the map, the same extension shall automatically be granted for the site development.

When a final vesting subdivision map has been recorded for a project, the accompanying site development approved in conjunction with the map shall remain in effect.