Division 10 — SITE PLAN REVIEW

A.

The site plan review process is established to provide a visual and factual document that may be used to determine and control the physical layout, design, and use of a lot or parcel of land, buildings, or

structures. A site plan shall contain information that may include an application form, plans, drawings and diagrams, or pictures indicating uses, forms, dimensions, and other pertinent factors sufficient to provide a document that may be used to substantiate and corroborate facts and testimony vital to the administration of this Title 19.

B.

A site plan is, or may be, required to determine whether or not a proposed development will properly comply with the provisions and development standards prescribed in this Title 19 or as prescribed by the site plan review approval.

(Ord. 544 § 1(part), 2000).

A.

General. The submission of a site plan for site plan review shall be required for the following development proposals, where no other permit or application is required:

For any new building or structure in excess of twenty-five thousand square feet in area.

For the enlargement of any existing building or structure which adds more than twenty-five thousand square feet of building or structure area.

For the construction of any multiple-family housing development project containing five or more dwelling units.

For any telecommunications antenna described in Chapter 19.27 this Title 19.

B.

Projects Involving Planning Commission Review. The community development director may require submission of a site plan for any matter that otherwise involves the approval of the planning commission.

(Ord. 544 § 1(part), 2000).

A.

An application for site plan review may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may

also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

An application shall be filed pursuant to the provisions of Division 2 (Applications, Processing, Filings, and Fees) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

A.

Community Development Director Investigation. The community development director or his designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application.

B.

Planning Commission Consideration.

The community development director shall place the site plan review application on the planning commission agenda for consideration by the commission as a scheduled matter. No public hearing shall be required. However, notice to surrounding property owners shall be provided pursuant to the provisions of Section 19.39.140(C) of this Title 19.

The planning commission shall review the application and proposal and receive evidence concerning the proposed site plan.

The planning commission shall act to approve, conditionally approve, or deny the application.

The decision of the planning commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

Approval or disapproval of any site plan review application shall be based upon the following factors and principles:

A.

Compliance with all of the applicable provisions of this Title 19, including, but not limited to, those set forth in Chapter 19.19 (Site Review and General Development Standards).

B.

Suitability of the site for the particular use or development intended.

C.

Physical layout of the total development, including the application of prescribed development standards. The project shall be so arranged to further the policies of the general plan and zoning regulations including, but not limited to, avoiding traffic congestion, ensuring the protection of public health, safety and general welfare, and preventing adverse effects on neighboring properties.

D.

Consistency with all elements of the general plan.

E.

Suitability and functional development design. However, such approval shall not be interpreted to require a particular style or type of architecture.

(Ord. 544 § 1(part), 2000).

(Ord. No. 612, § 8, 10-7-2008)

A site plan review approval that is valid and in effect and granted pursuant to the provisions of this Title 19 shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

(Ord. 544 § 1(part), 2000).

The applicant may apply for a modification to an approved site plan by following the same submission and application procedures for site plan review consideration. The applicant's submission shall specify the particular modifications requested and the grounds that support the modification request.

(Ord. 544 § 1(part), 2000).

The community development director shall have the authority to initiate proceedings to suspend or revoke a site plan review approval pursuant to provisions set forth in Sections 19.39.240 through 19.39.250, inclusive, of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

A.

The grantee of a site plan review approval shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void. For the purposes of this section, such a right shall be established if either:

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the site plan was approved; or

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the site plan was approved; or

In the event no building permit or occupancy is required, the site for which the site plan was approved is occupied; or

Prior to the date on which the site plan review approval will elapse, the grantee files an application to renew the permit pursuant to subsection B of this section.

B.

A site plan review approval subject to lapse may be renewed up to an additional one-year period; provided, that the application for renewal is filed with the community development department prior to the expiration date.

C.

The community development director may approve or deny an application for renewal of a site plan review approval. As part of the action, the director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the site plan and surrounding properties.

(Ord. 544 § 1(part), 2000).