Fowler Municipal Code Ch. 9.90 Site Plan Review

The purpose of this Chapter is to define the procedures for review and approval of permitted uses and associated site development. This Chapter establishes a discretionary review process for review and approval of permitted uses and the associated site development to ensure that uses are designed, located, and operated in a manner that is compatible with uses on adjacent and nearby properties.

A. Site Plan Review Required. A Site Plan Review is required prior to establishment of any permitted use as indicated with a "P" on the allowed use tables contained in Chapter 9.120 (Residential Zones) through Chapter 9.145 (Overlay Districts), except as identified in Subsection (B) (Exceptions) of this Section.

B. Exceptions. Uses occupying an existing building and meeting either of the following criteria shall be processed pursuant to Chapter 9.105 (Zone Clearance).

1. Where no exterior physical improvements are proposed.

2. Where only exterior façade or minor elevation changes are proposed.

A. Application Filing and Processing. Applications for a Site Plan Review shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C. Additional Applications and Fees May Be Required. When a conditional use is proposed in association with the physical development of a property as permitted by this Chapter, a separate application for a Minor Conditional Use Permit or Major Conditional Use Permit, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Section 9.30.080, Subsection (C) (Multiple Entitlements).

Applications for a Site Plan Review shall be reviewed and approved by the Director. As the approving authority, the Director is authorized to approve, approve with conditions, or deny an application for a Site Plan Review.

No public hearing is required prior to action on an application for a Site Plan Review.

In approving an application for a Site Plan Review, the Director may impose reasonable and appropriate conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Site Plan Review, the approving authority shall make all the following findings:

A. The proposed project is consistent with the adopted General Plan and any applicable Specific Plan.

B. The proposed project meets all applicable standards for development and provisions of this Title.

C. The establishment, maintenance, or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City.

Written notice of decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A. The application request as acted upon by the Director.

B. The action taken by the Director.

Site Plan Reviews shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Site Plan Reviews are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

Site Plan Reviews shall expire two (2) years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

Site Plan Reviews may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

An applicant may request an amendment to an approved Site Plan Review after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits).