Chapter 9.72 — SITE PLAN REVIEW

Sections:

9.72.010 Purpose. 9.72.020 Applicability. 9.72.030 Site plan contents. 9.72.040 Director action – criteria of consideration. 9.72.050 Director action – decision. 9.72.060 Appeals. 9.72.070 Life of permits and extensions of time. 9.72.080 Subsequent permits.

The purpose of the site plan review (SPR) is to ensure that a proposed development is reviewed to assure substantial compliance with the General Plan, the Municipal Code, policies, and improvement standards of Avenal.

• A. Site plan review shall be required for the development activities set forth in this section. The review and approval of a site plan for the activities shall encompass all improvements that are associated with the erection or alteration of a building or structure or the development or alteration of public or private parking areas or lots.

  1. In all residential districts, site plan review shall be required for:

     • a. The erection of a new two-family or multiple-family dwelling or related accessory building or structure when the erection requires the issuance of a building permit.

     • b. The alteration of an existing two-family or multiple-family dwelling when the alteration requires the issuance of a building permit and will increase the number of dwelling units on a site.

     • c. The erection of a new non-residential main building or structure when the erection requires the issuance of a building permit.

     • d. The alteration of an existing non-residential building or structure when the alteration requires the issuance of a building permit and will increase the floor area of the building or structure by more than 10 percent or 500 square feet or the seating capacity by more than 10 percent or 25 seats.

  2. In all non-residential zone districts, site plan review shall be required for:

     • a. The erection of a new building or structure when the erection requires the issuance of a building permit.

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• b. The alteration of an existing building or structure when the alteration requires the issuance of a building permit and any of the following conditions exist:

  • The alteration will increase the floor area or seating capacity of a non-conforming building or structure or involves the structural alteration of a non-conforming building or structure.

  • The alteration will increase the floor area of a conforming building or structure by more than 10 percent or 500 square feet or the seating capacity by more than 10 percent or 25 seats.

• c. The development of new public or private parking areas or lots.

• d. The alteration of existing public or private parking areas or lots when the alteration will increase or decrease the number of parking spaces by more than five spaces, increase or decrease the gross area of the parking area or lot by more than 1,750 square feet, or will involve the relocation of the parking area or lot.

3. In all districts, site plan review shall not be required for:

   • a. The erection or alteration of one-family dwellings and related accessory buildings or structures.

   • b. The erection or alteration of temporary tract offices and model homes.

   • c. The erection or alteration of signs and advertising structures.

• A. The site plan shall be drawn to a scale that clearly indicates all dimensions and includes the information identified in the site plan review application form consistent with Section 9.70.020 and such other data as may be required to permit the Director to make the required findings.

After consultation with the appropriate departments within the City, as well as applicable outside agencies, the Director shall approve, approve with such conditions as set forth in subsection E of this section, or disapprove the site plan. Before approving a site plan, the Director shall make all the following findings:

• A. The development complies with all applicable provisions of this title.

• B. The development is so designed that it will have no adverse effects on surrounding property or improvements.

• C. The development can be adequately and efficiently provided with public utilities and services.

• D. The development will not create congested or unsafe vehicular or pedestrian circulation or access conditions on or off the site.

• E. That any conditions of approval are deemed necessary to ensure that the development conforms with the purposes set forth in Section 9.72.010 and to protect public health, safety, and welfare. The Director may impose conditions that are reasonably related to the development and necessary to ensure compliance with this chapter and any other adopted code, policy, procedure. Conditions may include the following:

  1. Requiring special yards, spaces, and buffers.

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2. Requiring fences and walls.

3. Requiring enclosure of storage areas and limitation on out-of-door display of merchandise.

4. Requiring grading, surfacing, and drainage improvements.

5. Regulation of points of vehicular ingress and egress.

6. Regulation of signs.

7. Requiring landscaping and maintenance thereof.

8. Requiring maintenance of grounds.

9. Requiring fire-prevention equipment and measures.

10. Regulation of noise, vibration, odors, electrical discharge, or interference.

11. Regulation of lighting.

12. Requiring street dedications and improvements in accordance with ADA compliance.

13. Regulation of pedestrian ingress, egress, and internal circulation.

14. Mitigation required pursuant to enviromental review

15. Such other conditions as could make possible the development of Avenal in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.

In making such findings, the Director shall consult with City personnel as appropriate to ensure that approvals will be consistent with established legislative policies and City standards relating to planning, public works, and land development.

The decision of the Director shall be final unless appealed to the Planning Commission in accordance with the procedure specified in Section 9.70.200. The Director shall cause a copy of the site plan, with his or her decision and any conditions shown thereon or attached thereto, to be mailed to the applicant within ten days of the adoption thereof.

Appeals of the Director’s decision shall be submitted and processed consistent with the procedures in Section 9.70.200.

• A. A site plan review permit shall expire one year from its approval date unless a building permit application has been submitted or the use has commenced.

• B. Prior to expiration, the Director may extend the permit expiration date by one year if there is substantial evidence that the applicant is diligently pursuing building permit approval or commencement of the use.

Subsequent development permits associated with the site plan review shall be consistent with the approved site plan review. If there is a change in the proposed development, a new site plan application shall be submitted.

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