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Soledad City Zoning Code

CHAPTER 17

44 - SITE PLAN REVIEW

Sections:


17.44.005 - Applicability.

When a site plan review is required by this title, the procedures set out in this chapter apply.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.44.010 - Site plan.

The purpose of the site plan is to enable the director to make a finding that the proposed development is in conformity with the intent and provisions of this division and to guide the building official in the issuance of permits.

A.

Contents. The applicant shall submit twelve prints of the site plan to the director. The site plan shall be drawn to scale and shall indicate clearly and with full dimensions the following information:

1.

Lot dimensions;

2.

All existing and proposed buildings and structures: Location, elevations, color scheme, size, height, and proposed use;

3.

Yards and space between buildings;

4.

Walls and fences: Location, height and materials;

5.

Off-street parking: Location, number of spaces and dimensions of parking area, and internal circulation patterns;

6.

Access: Pedestrian and vehicular service, points of ingress and egress and internal circulation;

7.

Signs: Location, size and height;

8.

Loading: Location, dimensions, number of spaces and internal circulation;

9.

Lighting: Location, general nature and holding devices;

10.

Street dedications and improvements, as provided in Section 17.44.020;

11.

The location and type of landscaping; and

12.

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

B.

Approval or Disapproval. Within twenty days after the director determines that the application is completed the director shall approve, with conditions deemed necessary to protect the public health, safety and welfare, or disapprove the site plan. In approving the plan, the director shall find that:

1.

All provisions of this title are complied with;

2.

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

a.

Facilities and improvements,

b.

Vehicular ingress, egress and internal circulation,

c.

Setbacks,

d.

Height of buildings,

e.

Location of services,

f.

Fences/walls,

g.

Landscaping;

3.

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

4.

Proposed signs will not by size, location, color or lighting interfere with traffic or limit visibility;

5.

Proposed development has adequate fire and police protection;

6.

Proposed development can be adequately served by city sewer and water;

7.

Drainage from the property can be properly handled;

8.

Proposed development is consistent with general and specific plans and the redevelopment plan. The director's decision shall be final unless appealed to the planning commission.

D.

Appeal to the City Council. The applicant or any aggrieved person may appeal in writing, setting forth his reason for the appeal to the city council. The appeal shall be filed with the city clerk within five days after the planning commission's decision. The appeal shall be placed on the agenda of the council's next regular meeting after the appeal is filed. The council shall review the site plan and shall approve, approve with conditions, or disapprove based on the findings listed in subsection B of this section. The decision of the council is final.

E.

Distribution. The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the director. One copy of the site plan and conditions shall be mailed to the applicant.

F.

Revisions. Revisions by the applicant to an approved site plan shall be made pursuant to the procedure set forth in this section.

G.

Expiration of Site Plan Approval.

1.

An approved site plan becomes void in the event there has not been substantial development of the site, or a portion of the site for an approved phased development, within twelve months after the approval of the site plan. Substantial development of one or more increments of a phased development shall extend the expiration date of the site plan for the remaining phases, except that the final phase shall be substantially developed within five years.

2.

A project shall be considered indivisible unless the director approves a request by the applicant that the project be developed in phases or the director requires phased development. Such determination shall be based on the finding that upon construction of the required on-site and off-site improvements serving each phase, it can function independently of later phases.

3.

An occupancy permit for a building, structure or use as shown upon an approved site plan shall not be issued until all proposed buildings, structures and other stated improvements in an indivisible project or phase of a divisible project are completed, or the director authorizes its issuance upon making a finding that all on-site and off-site conditions relating to the building, structure or use have been or will be met.

(Ord. 524 § 2 (part), 1993; Ord. 445 § 2 (Exbt. A) (part), 1986)

17.44.020 - Street dedications and improvements required.

Because of changes that may occur in the local neighborhood due to increases in vehicular traffic generated by facilities requiring a site plan review, and upon the principle that such development should be required to provide street dedications and improvements as near as practicable in proportion to the increased vehicular traffic, but should not be required to provide such street facilities for nonrelated traffic, the following dedications and improvements may be deemed necessary by the director and may be required by him as a condition to the approval of any site plan:

A.

When the Development Borders or is Traversed by an Existing Street.

1.

Minor streets, local streets and culs-de-sac: Dedicate all necessary right-of-way to widen street to its ultimate width as shown on any master or precise plan of streets and highway; install curbs, gutters, drainage, sidewalks, street trees, street signs, street lights and required utilities; and grade and improve from curb to existing pavement.

2.

Major and collector streets: Dedicate all necessary rights-of-way to widen the street to its ultimate width as established to any precise plan, precise plan of streets and highways, or where the ultimate right-of-way lines are otherwise determinable and the grades have been established or can be determined; install curbs, gutters, drainage facilities, sidewalks, street trees, street signs, required utilities; and grade and improve the shoulder and on traffic lane abutting the development. In no case shall a person be required to dedicate or improve the right-of-way for a distance in excess of thirty feet as measured from the ultimate right-of-way line.

3.

Major thoroughfares (expressways, freeways, the state highways): Dedicate all necessary rights-of-way to widen the thoroughfare to its ultimate width as established by any precise plan, specific plan of streets and highways, or where the ultimate rights-of-way lines are otherwise determinable and the grades have been established or can be determined, except in cases where access does not exist. Setback all facilities the required distance from the ultimate property line as shown on any master or specific plan; install curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, and required utilities. In no case shall the required improvements or right-of-way dedication apply for distances in excess of thirty feet as measured from the ultimate right-of-way line.

B.

Frontage and Other New Roads. All frontage roads or new roads of any class made necessary by the development shall be dedicated and fully graded and improved with curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities, grading and paving: Provided, that where the street involved is indicated as an eventual major street or major thoroughfare upon any master or precise plan of streets and highways, the amounts of grading and paving shall not exceed required for such existing streets under subdivision 1 of subsection A of this section. Where a frontage road is provided and improved, the improvements in subdivisions 2 and 3 of subsection A of this section will not be required.

C.

Standards. All improvements shall be to city standards.

D.

Building Permit. Before a building permit shall be issued for any such building or structure, the director shall determine that:

1.

The proposed building is in conformity with the site plan and approved conditions;

2.

All required on-site (outside the city right-of-way) and off-site (within the city right-of-way) improvements shall have either been completed, or if not completed, the permittee has entered into an agreement with the city to complete the work within six months from the date of the issuance of the permit. The director may extend the completion date for one additional six-month period upon written request of the permittee upon a showing of good cause therefor. Such an agreement shall be secured either by cash deposited with the city, a cash deposit in an irrevocable escrow approved by the director, or other financial security approved by the director as the equivalent thereof. Such security shall be in the amount of one hundred percent of the estimated cost of completion to be determined by the director. In the event such work is not complete within the period provided or any extension thereof, the city shall be authorized to take all necessary action to enforce the agreement including the use of the security to cause the completion of all required improvements. Moneys deposited with the city or an escrow may be partially released to the depositor by the director during the progress of the work so long as the same ratio of security is maintained on deposit to secure all uncompleted work; and

3.

All of the required dedications have been given.

(Ord. 445 § 2 (Exbt. A) (part), 1986)