The purpose of the site plan review permit is to assure that developments, new and remodeled buildings and structures, and improvements to land are reviewed to ensure substantial compliance with the general plan, municipal code, policies, and improvement standards of the city.

(Ord. 2017-01 (part), 2017: prior code § 7422)

   For the purposes of this chapter the following definitions shall apply:

   “Change of occupancy” means a change in the purpose or level of activity within a building that involves a change in application of the requirements of the California Building Code.

   “Change of use” means the use of a building or part of a building that changes from one use to another use.

(Ord. 2017-13 (part), 2017)

   A.   The provisions of this chapter apply to:

   1.   Any development requiring site plan review permit as per this Title.

   2.   New commercial, industrial and other non-residential structures or additions to existing commercial, industrial or other non-residential structures.

   3.   New multi-family residential development or additions to existing multi-family residential development.

   4.   Divisions of land or adjustments to property lines.

   5.   Interior alterations that increase the useable floor area of a non-residential structure.

   6.   A change of use for a building/structure or a change in occupancy for a building/structure.

   7.   Improvements made in the public right of way, except those initiated by the city, State, or a utility company.

   8.   Other non-residential improvements to land or buildings deemed by the city planner to be subject to the site plan review process. Such improvements include but are not limited to improvements that impact the structural integrity of buildings, that alter electrical wiring, that alter the building's plumbing, that alter the exterior drainage of land, that impacts access to property, that risks substantial visual impacts to surrounding properties, that could potentially alter any applicable zoning requirements, or could otherwise be subject to the criteria set forth in Section 17.02.170.

   B.   The provisions of this chapter do not apply to:

   1.   New or remodeled single-family dwellings;

   2.    Repairs and maintenance to a site or structure that does not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure and that are substantially similar in design as the original construction;

   3.   Interior alterations that do not increase the useable floor area of a structure, or modify the use of a structure;

   4.   Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities.

   C.   The total combined use area of the site of the proposed development shall be subject to site plan review permit procedures and all applicable goals, policies, codes, regulations, and improvement standards of the city.

(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017)

   A.   Members. Site plan review staff shall be comprised of staff representatives of the engineering, building, and planning divisions as well as the fire department; in addition, the city planner may request input from any other city department or public agency, subject to city council policies.

   B.   Powers and Duties. The site plan review staff shall have the power to:

   1.   Review site plan review permit applications for consistency with the general plan, municipal code, policies, regulations, and improvement standards of the city.

   2.   Apply requirements to a site to protect the public health, safety and general welfare.

   3.   Require revisions to the site plan to bring it into consistency with the General Plan and local ordinances.

   4.   Identify the city permits necessary to construct the proposed project.

   5.   Require that the site plan be revised, and/or provide direction to the project applicant be permitted to proceed to submit for the necessary city permits; or

   6.   Require that the site plan be resubmitted with required revisions.

(Ord. 2024-07 §§ 2, 3 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 96-5 § 30 (part), 1996: prior code § 7423)

   A.   Information. The planning and community preservation department shall make available a site plan review application form. The site plan shall be drawn to a scale that clearly indicates all dimensions and includes the following information as well as information identified in the site plan review application form:

   1.   Address;

   2.   Assessor's parcel number;

   3.   Vicinity map on cover sheet;

   4.   Scale and north arrow;

   5.   Dimensions of property;

   6.   Location of existing and proposed buildings and/or structures showing dimensions from property lines and their intended use;

   7.   Location, height and material of existing and/or proposed fences and walls;

   8.   Location of off-street parking. Indicate the number of parking spaces, type of paving, direction arrows and parking dimensions;

   9.   Location and width of drive approaches;

   10.   Method of on-site drainage;

   11.   Location of existing and/or proposed public improvements (such as curbs, gutters, sidewalks, utility poles, fire hydrants, street lights, traffic signal devices, etc.);

   12.   Method of sanitary disposal;

   13.   Location of signs, their size, height, type of illumination and type of building material;

   14.   Location of trash refuse area;

   15.   Location and type of existing trees. Oak trees must have the approximate diameter size;

   16.   Location of areas to be landscaped;

   17.   Loading and storage areas indicating any fences and walls to be used as screening;

   18.   Location and height of all roof mounted structures;

   19.   Lighting, including the location and height of all exterior fixtures;

   20.   Such other data as may be required to permit the site plan review staff to make the required findings;

   21.   Elevations, if required by the city planner;

   22.   Additional information as required by the city planner or the historic preservation advisory board.

   B.   Submittal: The site plan shall be submitted to the planning and community preservation department along with a completed site plan review application form. The number of copies of the site plan required shall be determined by the site plan review staff and posted on the city website. If all of the required information as outlined within Section 17.28.030(A) is not submitted, the application may be rejected by the city planner.

   C.   Review Timeline: Plans submitted by four p.m. on a Thursday shall be reviewed by the site plan review staff at their regular meeting at nine a.m. on the following Wednesday. Additional time may be required for site plans that must be reviewed by other agencies and/or city committees. The site plan review staff may modify these times by posting a revised schedule on the city website.

(Ord. 2024-07 §§ 2, 3 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7424)

   A.   The site plan review staff shall declare their intention to allow the project to proceed to apply for the necessary city permits, or require resubmittal of the site plan at the site plan review staffmeeting.

   B.   Within thirty (30) working days after submission, the site plan review staff shall provide, in writing to the applicant, either to proceed with applying for necessary city permits, either with or without required revisions, or require resubmittal of the site plan review and identify required revisions. The site plan review staff shall consider each project's consistency with current city ordinances and whether it will affect the public health, safety and general welfare. In issuing direction to proceed, staff shall consider the following:

   1.   That all applicable provisions of the Municipal Code are complied with;

   2.   That the following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected with no adverse effect on surrounding property and to provide for a site plan which supports current adopted planning commission and city council policies:

   a.   Facilities, improvements and utilities,

   b.   Vehicular ingress, egress and internal circulation,

   c.   Setbacks,

   d.   Location of service use areas,

   e.   Walls,

   f.   Landscaping;

   3.   That proposed lighting is so arranged as to deflect the light away from adjoining properties and will not cause a traffic hazard;

   4.   That proposed equipment which is used in conjunction with a use is so designed to avoid excessive noise at the property line of the use;

   5.   That the project’s design features, and construction management, and operational plans will reduce emissions of nitrogen oxides and particulates associated with construction and use of the development as required by the Indirect Source Review (ISR) regulations adopted by the City (See Section 17.32.300) or, alternatively, that payment is made for off-site emissions reduction fees as established by the San Joaquin Valley Air Pollution Control District (SJVAPCD).

   C.   In making the required findings, the site plan review staff shall assure that the approval will be consistent with established policies and regulations relating to public improvements, street improvements, as approved and adopted by the city council, including necessary dedications and traffic safety.

   D.   Upon completion or review, the Planning and Community Preservation Department shall notify the applicant of the staff’s determination along with a copy of the finally approved site plan.

(Ord. 2024-07 § 2, 3 (part), 2024: Ord. 2018-18 § 1 (part), 2018: Ord. 2017-01 (part), 2017: prior code § 7425)

   The applicant or any interested person may appeal a decision of the site plan review staff to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner in writing with applicable fees, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The commission shall review the site plan and shall uphold or revise the decision of the site plan review, based on the findings set forth in Section 17.28.040. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145.

(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 2010-02 § 3, 2010: Ord. 2006-18 § 5, 2007: Ord. 9605 § 30 (part), 1996: prior code § 7426)

   After the final site plan has been directed to proceed, the planning department staff shall notify the applicant of the site plan review determination. Once the applicant receives a site plan review determination notification, building permit applications may be submitted, or if required, applications for discretionary development permits may be submitted. No permits may be issued for the erection or enlargement of building or structures and no persons shall perform any development or construction of work on the site except within full compliance of this section. (Ord. 2017-01 (part), 2017: prior code § 7428)

   Because of changes that may occur in a local neighborhood due to increased vehicular traffic generated by facilities requiring a site plan review permit, and upon the principle that such development should be required to provide street dedications and improvements proportionate to such increased vehicular traffic, the following dedications and improvements may be deemed necessary by the site plan review staff and may be required as a revision to any site plan.

   A.   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 local streets to the extent of one-half the ultimate width established by the city as the standard for such local streets; as per adopted improvement standards;

   2.   Dedicate all necessary rights-of-way to widen a traversing collector street to its ultimate width established by the city as the standard for such collector streets;

   3.   Dedicate all necessary rights-of-way to widen a bordering or traversing arterial street to its ultimate width established by the city as the standard for such arterial street;

   4.   Install curbs, gutters, sidewalks, street signs, street lights and street trees along one side of a bordering, or along both sides of a traversing, local collector, or arterial street;

   5.   Install utilities and drainage facilities to the full extent of the service requirements generated by the development;

   6.   Grade and improve bordering local, collector, or arterial streets from the curb to the centerline of the ultimate right-of-way;

   7.   Grade and improve traversing local, collector, or arterial streets from curb to curb;

   8.   Grade and improve parking lane and one traffic lane adjacent to the development along a bordering collector or arterial streets;

   9.   Grade and improve both parking lanes and the two outside traffic lanes of a traversing collector or arterial streets.

   B.   All new streets shall be dedicated and improved in accordance with the requirements of subsection (A) of this section.

   C.   Fire hydrants shall be installed as per city requirements.

(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7429)

   All improvements shall be to city standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the site plan review staff that it is impractical to install any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the provision of improvements before a building permit may be issued, as specified in Sections 16.24.050 and 16.24.060.

(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017)

   Before a building permit may be issued for any building or structure proposed as part of the approved site plan review permit, the building official shall secure written approval from the city planner that the proposed building is in conformity with the regulations, general provisions, and required revisions identified in the site plan review permit. Before a building may be occupied, the building inspector shall certify to the city planner that the site has been developed in conformity with the regulations, general provisions, and required revisions identified in the site plan review permit. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7430)

   A site plan review permit shall lapse and become null and void one year following the date of approval unless, prior to the expiration of one year, a planning entitlement is approved by the Planning Commission or City Council, or a building permit is issued by the building official and construction is commenced and diligently pursued toward completion.

(Ord. 2024-07 § 10, 2024: Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7431)

   Upon violation of any of the applicable provisions of this chapter or upon failure to comply with the revisions identified in the permit, a site plan review permit approval shall be suspended by the city planner or site plan review staff. Notice of such suspension shall be sent immediately to the person responsible for noncompliance by the building official or by the City code enforcement officer. Within thirty (30) days of the suspension, the planning commission shall consider the suspension. If not satisfied that the regulation, general provision, or required revisions identified in the site plan review permit are being complied with, the commission may revoke the site plan approval or take such action as may be necessary to insure compliance.

(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017: prior code § 7432)

   A site plan review permit approved pursuant to the provisions set forth in this Section shall run with the land and shall continue to be valid upon a change of ownership of the site. (Ord. 2017-01 (part), 2017: prior code § 7433)