Zoneomics Logo
search icon

San Marcos City Zoning Code

CHAPTER 20

515 - SITE DEVELOPMENT PLAN REVIEW

Section 20.515.010 - Purpose of Chapter

Site Development Plan Review by the Development Advisory Committee, when applicable, is included in this chapter to achieve the following purposes:

A.

To ensure that the development, buildings, or structures will conserve the values of adjacent properties and will not prove detrimental to the character of buildings or uses already established in the area.

B.

To ensure that the proposed development will be properly related to its site and to surrounding sites and structures, and to prevent the erection of structures that would be inharmonious with their surroundings.

C.

To ensure that projects and structures subject to Site Development Plan Review are developed with due regard for the aesthetic qualities of the natural terrain and landscape and that trees and shrubs are not indiscriminately destroyed.

D.

To ensure that the design and exterior architecture of proposed structures will not be so at variance with either the design or exterior architecture of the structure already constructed or being constructed in the immediate neighborhood as to cause a substantial depreciation of property values in the neighborhood.

E.

To ensure that open space, parking areas, and landscaping are designed to enhance the visual and physical use of the property and to screen deleterious uses.

F.

To ensure, when feasible, effective concealment of electrical and similar mechanical equipment and trash and storage areas.

G.

To ensure adequate improved access to all developments.

H.

To ensure that developments are in compliance with City adopted Design Manuals and guidelines.

I.

To ensure conformance with the City adopted General Plan, any applicable Specific Plan, and all provisions of the Zoning Code.

Section 20.515.020 - Applicability

Site Development Plan Review is an administrative process, unless the review is linked to a project or entitlement that requires a higher review authority; see Section 20.205.030.E (Highest Permit Level Requirement). All the following applications and project types shall require Site Development Plan Review by the Development Advisory Committee during application processing and prior to approval.

A.

Site Development Plan Review shall apply to proposed development of property in the following manner:

1.

R-2 and R-3 Zones require Multifamily Site Development Plan Review based on number of units.

a.

A project proposing between two (2) and nine (9) units shall require Site Development Plan Review through Planning Commission approval.

b.

A project proposing ten (10) units or more shall require Site Development Plan Review through Planning Commission recommendation with final approval by the City Council.

c.

The requirements of Chapter 20.505 (Noticing and Public Hearings) shall apply.

2.

Single-family projects within an approved Specific Plan shall require Site Development Plan Review.

3.

All non-residential development in Commercial (C, O-P, S-R), Industrial (L-I, I, I-2), Business Park (B-P), Mixed Use (MU), and SPA Zones shall require Site Development Plan Review.

B.

Proposed expansion of non-residential developments consisting of a twenty percent (20%) or more increase in gross floor area or if an additional story is being proposed.

C.

Proposed projects that are required to go before the Planning Commission/and or City Council under CUP or Specific Plan procedures shall not be required to comply with the Site Development Plan Review procedures, except that the applicable CUP and Specific Plan shall include within their scope the review requirements set forth in this chapter consistent with Section 20.205.030.E (Highest Permit Level Requirement).

Section 20.515.030 - Applications

A.

Process. The Site Development Plan Review process is generally as follows:

1.

Project application with Site Development Plan Review materials is submitted by applicant.

2.

Initial notice of application will be sent pursuant to Section 20.515.040.C (Notice to Affected Property Owners).

3.

The application will be routed to City divisions for comments, compliance review, and consistency with this Zoning Ordinance.

4.

If environmental review is required in compliance with Title 18, (such as a Negative Declaration or Mitigated Negative Declaration), notice will be sent to surrounding property owners and occupants stating the review period.

5.

The applicant and any interested party requesting information will be provided with the preliminary Site Development Plan Review conditions. Final conditions will be issued ten (10) days after the preliminary notice if the applicant consents to conditions; the period may be extended during the resolution of any outstanding issues.

6.

All Site Development Plan Review conditions and decisions can be appealed pursuant to the procedures of Chapter 20.545 (Appeals and Revocations).

B.

Plan Requirements. Each Site Development Plan shall be accompanied by plot plans at a workable scale based on the project parameters, and all submittal requirements prescribed by the Director. Plans shall provide detail of all the following items:

1.

A materials board displaying proposed building materials shall also be required at time of application.

2.

Elevation, floor plans, and location of the proposed buildings.

3.

Physical features such as trees, hydrants, electric and telephone poles, lights, driveways, fences, and signs.

4.

Use and treatment of ground around such buildings or structures.

5.

Proposed drainage facilities.

6.

Identification of location and number of off-street parking spaces.

7.

Landscaping plan showing type, sizes, and irrigation system (provided on a separate sheet).

8.

Utility plan and demonstration of water compliance measures.

9.

Other pertinent project information identified by the applicant or deemed necessary for project processing purposes by the Development Advisory Committee.

C.

Required Fees. A fee in the amount specified on the City's fee schedule shall accompany Site Development Plan Review applications for Business Park, Office Professional, Commercial, Industrial, Mixed Use, and Multifamily projects.

Section 20.515.040 - Notice and Hearings

A.

Administrative. Where Site Development Plan Review is required in conjunction with a DP or other administrative permit, the Development Advisory Committee shall have the same authority to review, process, and approve or require changes to the Site Development Plan in conjunction with the Permit.

1.

The Development Advisory Committee has the authority to refer plans to the Planning Commission for the purposes of making a determination on a Site Development Plan, in which case a public hearing will be scheduled before the Planning Commission.

B.

Public Hearing for Residential Projects. All residential development in the R-2, R-3, and Mixed Use Zones shall be reviewed by staff and scheduled for public hearing before the Planning Commission and/or City Council, depending on the number of units in the proposed project as determined by Section 20.515.020 (Applicability).

1.

All hearings shall be set and notice given as prescribed in Chapter 20.505 (Noticing and Public Hearings) of this Zoning Ordinance.

C.

Notice of Affected Property Owners. After the Site Development Plan application has been filed, the Director shall send notice by first class mail to surrounding property owners and occupants within five hundred (500) feet of the project. Each notified person may request, in writing, the opportunity to be heard on the Site Development Plan Review. Such written request must be filed with the Director within fifteen (15) days after the mailing of the notice. Failure to so file shall be deemed a waiver of the rights under this Section. The notice required by this Section shall include a brief description of the project as proposed on the Site Development Plan, and shall inform each property owner of their rights pursuant to this Section. The failure of any person to receive the notice specified herein shall not invalidate any action taken pursuant to this Zoning Ordinance.

Section 20.515.050 - Decision

A.

Review by Development Advisory Committee. A Development Advisory Committee composed of the Director, Building Official, and City Engineer and representatives of Special Districts, or their designees, shall have authority to approve or amend plans or deny within the intent of this chapter and criteria listed for individual Zones in Chapters 20.210 (Agricultural Zones) through 20.265 (Airport Overlay Zone). The Committee shall also have the authority to refer plans to the Planning Commission in lieu of making a decision. The Development Advisory Committee shall do the following:

1.

Meet to review a Site Development Plan application after it has been deemed a complete application, and

2.

Function in accordance with administrative regulations prepared by the Development Services Department.

B.

Decisions. The Development Advisory Committee shall notify the applicant of the preliminary decision to conditionally approve or disapprove the Site Development Plan, along with the conditions of conditional approval or the reasons for disapproval. If the applicant is dissatisfied with such preliminary decision or with any condition pertaining thereto, he may request in writing that such preliminary decision be reviewed. Such request must be received by the Development Advisory Committee within ten (10) calendar days after the date of the preliminary decision.

Upon receipt of a timely written request for review of a preliminary decision, the Development Advisory Committee shall arrange a time and place for such review, and shall notify the applicant and appropriate City departments and agencies thereof. In the event no timely written request for review is received, the preliminary decision shall become final and the applicant shall be so notified as provided in this Section.

The applicant shall be notified in writing of the preliminary decision and the final decision of the Development Advisory Committee. Notice shall be deemed to have been given upon deposit of the notice in the U.S. mail addressed to the applicant.

C.

Issuance of Permits.

1.

In no event shall building permits be issued in the I, I-2, L-I, S-R, C, NC, B-P, O-P, Mixed Use, or SPA Zones until such plans have been approved by the Development Advisory Committee, or the final approval body as determined by Section 20.500.030 (Authority and Administration) or 20.205.030.E (Highest Permit Level Requirement).

2.

In no event shall building permits be issued in the R-2 and R-3 Zones until such plans have been approved by both the Planning Commission and City Council.

Section 20.515.060 - Findings

The Development Advisory Committee, Planning Commission, and City Council may approve a development plan in the form submitted or in modified form if, on the basis of the application and the evidence submitted, all of the following findings are made:

A.

The project conforms with the General Plan, any applicable Specific Plan, and all provisions of this Zoning Ordinance and Code.

B.

As feasible, the project preserves mature trees and will not unnecessarily remove trees and natural vegetation.

C.

The project will preserve natural landforms and ridgelines, does not include excessive or unsightly grading of hillsides, and otherwise will not adversely affect the natural setting.

D.

The project provides adequate buffering between residential and non-residential uses, and otherwise is in the best interests of the public health, safety, and general welfare.

E.

The structure(s), Site Development Plan, and landscaping are in scale and harmonious with existing and future development and with the landforms and vegetation adjacent to and in the vicinity of the site.

F.

The structure(s), Site Development Plan, and landscaping create an internal sense of order, provide a visually pleasing setting for occupants, visitors and the general community, are appropriate to the function of the site, and provide safe and convenient access to the property for pedestrians, cyclists, and vehicles.

G.

To the maximum extent feasible, the project includes the maintenance, rehabilitation, and improvement of existing sites, structures, and landscaping; provides adequate and effectively concealed trash, storage, and utility/mechanical equipment; and will correct any violations of the Zoning Ordinance, Building Code, or other sections of this Code that exist on the site.

H.

The design and location of architecture and signs are consistent with the character and scale of the buildings to which they were attached or that are located on the same site, the signs are visually harmonious with surrounding development, and there are no illegal signs on the site.

I.

The project provides all required on-site and off-site public improvements, in compliance with City adopted Design Manuals and guidelines, as deemed necessary by the review authority.

J.

The project provides open space, parking areas, and landscaping consistent with this Zoning Ordinance and in a manner that visually enhances the physical use of the property.

Section 20.515.070 - Appeals

An appeal from a decision made in the administration or enforcement of this section may be taken as provided in Chapter 20.545 (Appeals and Revocations).

Section 20.515.080 - Lapsing and Voiding of Site Plan Approval

Site Development Plan Review approval shall lapse and shall be null and void one (1) year following the date upon which the plans and drawings were approved by the review authority unless, prior to the expiration of one (1) year, a grading and/or building permit is issued and construction is commenced and diligently pursued toward completion.