Article 26 — SITE PLAN REVIEW

A.

The purpose of site plan review is to enable the City to make a finding that the proposed development is in conformance with this ordinance and to guide issuance of permits. More specifically, site plan review is provided to ensure that structures, parking areas, walks, refuse containers, landscaping and street improvements are properly related to the site and surrounding sites and structures; to avoid unsightly or monotonous site development; and to encourage originality in site design and development.

A.

Application for a site plan review shall include the following data:

1.

Name and address of the applicant.

2.

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

3.

Address and legal description of the property.

Plot plans, drawings, and other pertinent information as may be required.

B.

The application shall be accompanied by a fee set by resolution of the Council sufficient to cover the cost of handling the application.

C.

If the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application.

D.

The site plan shall be drawn to scale and indicate clearly and with full dimensions, the following information:

1.

Lot or site dimensions.

2.

All buildings and structures; including elevation, floor plans, and proposed use.

3.

Yards and space between buildings.

4.

Walls and fences: location, height and materials.

5.

Off-street parking and off-street loading areas; internal circulation pattern.

6.

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

7.

Signs: location, size, height and type of illumination, if any, including hooding devices.

8.

Lighting: location and general nature, hooding devices.

9.

All adjacent streets or alleys, showing right-of-way and dedication widths, reservations widths, and existing or proposed improvements.

Landscaping: location, type, size and botanical name of plants and method of irrigation.

11.

Refuse enclosures: location, type and material.

Existing utilities to the site.

13.

Adjacent public right-of-way, including median island detail where applicable.

Proposed surfacing of all paved areas.

Proposed drainage of the site.

16.

Any phasing of a project shall be included as a part of the application.

17.

Roof-mounted equipment and screening, existing and proposed.

18.

Such other data pertaining to site development as may be required to make the required findings.

C.

Minor changes in property use or change in occupancy:

1.

Minor changes in property use or occupancy that do not warrant full site plan review as determined by the Director will be required to submit plot plans drawn to scale and make reasonable minor improvements or upgrade existing improvements as per City requirements.

2.

Minor changes in property use or occupancy that are in a neglected state of repair or maintenance as determined by the Director will be required to process a full site plan review and be required to upgrade the property as per City requirements.

A.

Within fifteen (15) working days after submission, the City shall review the site plan to determine compliance with this ordinance. If it is determined that the site plan cannot be approved without granting a variance or use permit, or amending this ordinance, the applicant shall be notified in writing and no action on the site plan shall take place until proper application for a variance, use permit, or amendment has been filed and acted upon as prescribed by this ordinance.

B.

The Director may require the submittal of additional information or revised plans. The applicant shall be notified in writing of any revisions or additional information required and shall submit such information. Failure to submit required information may be cause for site plan disapproval.

C.

Except as provided under A. and B. above, within twenty-five (25) working days after the acceptance of the site plan, the Director shall approve, approve with conditions, or disapprove the site plan. In approving the site plan, the Director shall make the following findings:

1.

All applicable provisions of this ordinance are complied with.

2.

The following are so arranged that traffic congestion is avoided and that pedestrian and vehicular safety and welfare are protected and there will not be adverse effect on surrounding property:

a.

Facilities and improvements.

b.

Vehicular ingress, egress, internal circulation and off-street parking and loading.

c.

Setbacks.

d.

Height of buildings.

e.

Walls and fences.

f.

Landscaping, including screen planting and street trees.

g.

Drainage.

D.

Proposed lighting is so arranged as to deflect the light away from adjoining properties.

E.

Proposed signs will comply with all of the applicable provisions of Article 22 of this ordinance.

F.

That adequate provision is made to reduce adverse or potentially adverse environmental impacts to acceptable levels.

In making the above findings, the Director shall determine that approvals will be consistent with established legislative policies relating to traffic safety, street dedications and street improvements, environmental quality, and to Zoning, Fire, Police, Building, and Health codes.

G.

The Director's decision shall be final unless appealed to the Commission.

H.

When in the opinion of the Director the site plan submitted is of such consequence or involves public controversy, the Director may refer such to the Commission for public hearing.

I.

The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the Director, with one (1) copy mailed to the applicant, one (1) copy filed with the Building Official.

J.

The owners of property within a radius of three hundred (300) feet from the exterior boundaries of the property described in the site plan application shall be notified in writing of the decision.

K.

Revisions by the applicant to an approved site plan shall be resubmitted in the manner required for drawings first submitted.

L.

The Director may authorize minor modifications to approved Site Plans and waive the requirement of a Site Plan for minor construction or site improvements (e.g.: signs, limited parking lot modifications, small building additions, accessory structures, fences, etc.) provided that:

1.

The basic relationship of the proposed development, improvements, or construction to adjacent property is not adversely affected.

2.

There is no conflict or nonconformance with the requirements or intent of the Code or the General Plan.

3.

The fundamental character of the development as a whole is not detrimentally changed.

A.

Within ten (10) days following the date of a decision of the Director on a site plan application, the decision may be appealed to the Commission by the applicant or any other interested party. An appeal and required fee shall be filed, and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Director or wherein its decision is not supported by the evidence in the record.

B.

The Commission shall hear the appeal at its next available meeting. The Commission may affirm, reverse or modify a decision of the Director, provided that if a decision is modified or reversed, the Commission shall make the applicable findings prerequisite to the approval of a site plan as prescribed in Section 9- 5.26.03.C.

C.

A site plan that has been the subject of an appeal to the Commission shall become effective within fifteen (15) days following the date on which the site plan is affirmed or modified by the Commission.

D.

The Commission's actions may also be appealed to the Council in the same manner prescribed for the appeal to the Commission.

All projects subject to Site Plan Review shall be subject to the provisions of Article 16.

9-5.26.06 - Conditions of Approval

A.

In recommending approval of a site plan, the Director shall state conditions of approval necessary to protect the public health, safety and general welfare. Such conditions may include consideration and/or requirement of the following:

1.

Special yards, spaces and buffers.

2.

Fences and walls.

3.

Surfacing of parking areas and provisions for surface water drainage.

4.

Requiring street dedications and improvements, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees when applicable.

5.

Regulation of points of vehicular ingress and egress.

6.

Regulation of signs.

7.

Requiring maintenance of the grounds and the undergrounding of utilities.

8.

Requiring landscaping and refuse enclosures and maintenance thereof.

9.

Regulation of noise, vibration, odors and other similar characteristics.

10.

Measures necessary to eliminate or to effect mitigation to acceptable levels of adverse environmental impacts.

Regulation of time for certain activities to be conducted on the site.

12.

Regulation of the time period within which the propose use shall be developed.

13.

A bond, deposit of money, recorded lien secured by deed of trust, or letter of credit for the completion of street and site improvements and other facilities or for the removal of such use within a specified period of time, to assure conformance with the intent and purposes set forth in this ordinance.

14.

Such other requirements that reasonably may be required by the Commission.

B.

All conditions of site plan approval shall be fully complied with prior to the issuance of any Certificate of Occupancy. It shall be unlawful for any person to construct, occupy or maintain any building, facility or site without fully complying with all of the conditions of site plan approval or any other applicable requirement of this chapter.

Because of changes that may occur due to drainage conditions, utility service requirements, or vehicular traffic generated by facilities requiring a site plan review, the following dedications and improvements may be deemed necessary and may be required as a condition or conditions to the approval of any site plan:

A.

Development bordering or traversed by an existing street:

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 minor or collector street to the extent of one-half (½) the ultimate width established by the City as the standard for such minor or collector street, or the full extent required for a frontage road.

2.

Dedicate all necessary rights-of-way to widen a traversing minor or collector street to its ultimate width established by the City as the standard for such minor or collector street.

3.

Dedicate all necessary rights-of-way to widen a bordering or traversing arterial street to the standards of width established by the City.

4.

Set back all facilities the required distance from ultimate property lines along an arterial or collector street as shown on any master, official or precise plan of streets and highways, or by the City's General Plan.

5.

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

6.

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

B.

All improvements shall be to City standards and shall be installed at the time of development. Where it is determined by the City that it is impractical to put in any or all improvements at the time of development, an agreement to make such improvements may be accepted in lieu thereof. The applicant shall enter into an agreement with the City for the provision of improvements before a building permit may be issued, at which time there shall be funds deposited with or in favor of the City, to guarantee the making of such improvements.

C.

Street dedications and improvements which may be required by this section shall be considered only on the principle that they are required as near as practical in proportion to the traffic, utility and other demands generated by the proposed development.

Before a building permit shall be issued for any structure or sign proposed as part of an approved site plan, the Building Official shall determine that the proposed building location, facilities and improvements are in conformity with the approved site plan. Before a building may be occupied or a sign erected, the Building Official shall certify that such improvements have been made in conformity with the plans and conditions approved by the City.

A site plan approval shall lapse and become void one (1) year following the date on which approval by the Director, Commission or City Council became effective unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued. Approval may be extended by the Director for an additional period or periods of one (1) year upon written application to the City before expiration of the first approval.

The revocation of a site plan shall be governed by the provisions of Article 4 of this ordinance.

A site plan approved pursuant to the provisions of this ordinance shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the site plan.