§ 17.54

The purpose of the site plan process is to enable the Planning Commission to make a finding that the proposed development is in conformity with the intent and provisions of this Ordinance and to guide the building department in the issuance of building permits. The site plan review process is constructed to ensure that development constructed in Exeter meets good urban design standards, does not have an adverse impact on neighboring properties, does not impact the public health, safety and welfare, and produces a development that will enhance the image and marketability of Exeter.

The site plan review process shall be applicable to all uses on the permitted and conditional use lists of Exeter’s zone districts.

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Exeter Zoning Ordinance Chapter 54: Site Plan Review

The following uses shall be exempt from Exeter’s site plan review process:

• A. Single family dwellings

• B. Open space uses that do not require a building permit

• C. Incidental and accessory structures

• D. Various public and private utility and infrastructure improvements

• E. Small family day care homes (Health and Safety Code 1597.45)

• F. Existing permitted uses whose building area is being increased by less than 25 percent

• G. Other uses that the Planning Director determines not to require site plan review because it would not further the objectives of this chapter, including temporary use permits, minor building and site improvements and in home care facilities that cater to the elderly, disabled or homeless.

An application for a site plan permit shall be made to the Planning Department on a form prescribed by the Department. A fee set by resolution of the City Council shall accompany the application. Uses requiring a conditional use permit shall not be required to pay for a site plan review permit because the fee for a conditional use permit would cover the fee. The information requirements detailed below will be required of use permit applicants. The application shall include the following information:

• A. Name and address of applicant.

• B. Statement that the applicant is the owner of the property or is the authorized agent of the owner.

• C. An accurate scale drawing of the site and the surrounding area for a distance of at least 100 feet from each boundary of the site showing the existing locations of streets and property lines.

• D. Preliminary floor plans and front, side and rear elevations of the proposed structures.

• E. A site plan, drawn to scale, which shall show the following:

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Exeter Zoning Ordinance Chapter 54: Site Plan Review

1. Lot and building dimensions.

2. All buildings and structures: location, size, height, and proposed use.

3. Yards and space between buildings.

4. Walls and fences: location, height and materials.

5. Off-street parking and loading: location, number of spaces, dimensions of spaces, and internal circulation pattern.

6. Access: pedestrian, vehicular and service: points of ingress and egress.

7. Signs: location, size, height, and type of illumination.

8. Lighting: location and general nature.

9. Trash enclosures.

10. Street dedication and improvements.

11. Grading and drainage plan.

12. Landscaping and irrigation: location and type.

Within 15 working days after the submission of a site plan, the site plan review committee shall review the site plan and shall provide a recommendation to the Planning Commission of approval, approval with conditions or denial.

The Planning Department shall prepare a report on the site plan permit application. The Department shall prepare a report and recommendation based on the findings and conditions provided by the Site Plan Review Committee. This report shall be forwarded to the Planning Commission. The findings shall include the following:

• A. That the location of the proposed use is in accordance with the purpose and objectives of this Ordinance and the purposes of the district in which the subject site is located.

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Exeter Zoning Ordinance Chapter 54: Site Plan Review

• B. That the location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health, safety, convenience or welfare, or be materially injurious to properties or improvements in the vicinity.

• C. That the proposed use will not have a significant impact on the environment.

• D. That the proposed use will comply with applicable provisions contained in this Ordinance.

• E. That the proposed use is consistent with the Exeter General Plan.

• F. That the site for the proposed use is adequate in size, shape and location to accommodate the use for which it is proposed.

Following the review of the Planning Department’s report on the site plan review application; the Planning Commission shall take action on the site plan permit. The Commission can approve, approve with conditions, or deny the site plan permit based on the finding listed above. The Commission's decision shall be final unless successfully appealed to the City Council consistent with the requirements contained in Chapter 17.06 Appeals.

Within 10 days of adopting a resolution on the site plan permit, the Commission shall transmit a copy of its resolution along with its required conditions to the person who filed the site plan permit application.

In addition to the conditions detailed in the Planning Commission’s resolution, changes in the neighborhood that would result from traffic generated by the development undergoing site plan review may require land dedication and/or street improvements. Should the Commission find that approval of the proposed development combined with existing traffic in and near the subject property warrant road improvements along the subject property, the Commission may warrant conditions as follows?

• A. The applicant shall dedicate necessary right-of-way along the subject property adequate to facilitate the installation of roadway improvements consistent with Exeter’s Circulation Element and Improvements Manual.

• B. The applicant shall install roadway improvements, including curbs, gutters, sidewalks and street paveout, along the subject property that are consistent with Exeter’s Circulation Element and Improvements Manual. These improvements

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Exeter Zoning Ordinance Chapter 54: Site Plan Review

may extend off site for purposes of ensuring safe traffic circulation, effective storm drainage, or pedestrian safety.

• C. The applicant shall install non-roadway improvements within the roadway rightof-way, including street signs, streetlights, street trees and bus stops.

All improvements shall be constructed and installed to city standards and shall be installed at the time of development. Where it is determined by the Planning Commission that it is impractical to install certain or all improvements at the time of development, an agreement to make such improvements may be accepted in lieu thereof. In the event of such an arrangement, the applicant shall enter into an agreement with Exeter for the installment of improvements before a building permit is issued. The applicant shall deposit money with the City of Exeter or post a bond with the City in the amount determined by the City Engineer to guarantee the installation of said improvements.

Before a building permit shall be issued for any building or structure proposed as part of a site plan review, the Chief Building Official shall find that the proposed building location and size, facilities and improvements are in conformance with the site plan and conditions approved by the Planning Commission or City Council.

Site plan approval shall lapse and shall become void one year following the date on which it was approved unless, prior to expiration of one year, the Chief Building Official has issued a building permit and construction has commenced.

Upon violation of any conditions of an approved site plan, said site plan shall be revoked and building permits associated with an approved site plan shall be suspended. Within 30 days of the revocation and suspension, the City Council shall consider the matter. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the City Council may revoke the site plan and/or building permit and take action as may be necessary to ensure compliance.

A site plan shall run with the land and shall continue to be valid upon change of ownership of the property or building, which was the subject of a site plan application.

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Exeter Zoning Ordinance Chapter 54: Site Plan Review

Exhibit 54-1: Site Plan Review Process

Applicant submits application.

Staff reviews application to determine whether it is complete.

Within fifteen days of receiving a complete application the Site Plan Review Committee will prepare a recommendation on the project to the Planning Commission.

Planning Commission review. At a regularly scheduled meeting, the Planning Commission will review the project and vote to approve or deny the Site Plan Review application. Any decision of the Planning Commission may be appealed to the City Council. If appealed the Council at the next will consider the matter regularly scheduled meeting. Any decision of the Council is final.

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C H A P T E R 56 Development Agreements

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