18.18.050 Required Findings

In taking action on a proposed site plan, the city council shall make all of the following findings:

1. That the site plan complies with all applicable provisions of this title.

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:

   1. Facilities and improvements.

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

   3. Setbacks.

   4. Height of buildings.

   5. Location of service.

   6. Walls and fences.

   7. Landscaping, including screen planting and street trees.

   8. Drainage of site.

   9. Refuse enclosures.

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

4. Proposed signs will comply with all of the applicable provisions of Chapter 18.14 of this title.

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

In making the above findings, the city council 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.

(Ord. 437 § 1 (part), 1989)

18.18.060 Street Dedications And Improvements

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:

1. 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 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 for an arterial street.

   4. Set back all facilities the required distance from ultimate property lines along an arterial 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.

   7. Grade and improve traversing minor or collector streets from curb to the center line of the ultimate right-of-way.

2. Grade and improve traversing minor or collector streets from curb-to-curb.

   9. Grade and improve the parking lane and one traffic lane adjacent to the development, along a bordering arterial street.

   10. Grade and improve both parking lanes and the two outside traffic lanes of a traversing major arterial street.

3. New Roads. Except as provided in subsections C and D of this section, all new roads shall be dedicated and improved in accordance with the requirements of subsection A of this section.

4. Frontage Road. Where a frontage road is provided and improved along an arterial street in accordance with city standards, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of subsections (A)(5) and (10) of this section, pertaining to arterial streets shall not be required.

5. Access. Where total access to or from a bordering or traversing arterial street is prohibited as a condition of approval, or by law, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of subsections (A)(5) and (10) of this section, pertaining to arterial streets, shall not be required.

6. Improvements. All improvements shall be to city standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the city that it is impractical to put in any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. In any event, 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 money deposited with or in

favor of the city, or a letter of credit or performance bond posted with the city, in an amount equal to one hundred twenty-five percent of the estimated cost of improvements, as estimated by the city engineer, to guarantee the making of such improvements.

6. Street Dedications. 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.

• (Ord. 437 § 1 (part), 1989)

18.18.070 Relationship To Environmental Assessment And Environmental Impact Reporting Procedures

1. Environmental Impact Assessment. A site plan approved pursuant to the provisions of this chapter shall be considered in relation to requirements of city policy governing the preparation of environmental impact assessments, including initial studies prepared as a basis for a determination for a negative declaration or an environmental impact report. It is the intent of this chapter that an initial study environmental impact assessment be made concurrently with and as part of the site plan review process, and that a site plan may be approved with conditions that will permit the city council to find that the proposed project will not have significant adverse physical effect on the environment and that a negative declaration should be prepared.

It is the intent of this chapter that an initial study environmental impact assessment be made concurrently with and as part of the site plan review process, and that a site plan may be approved with conditions that will permit the city council to find that the proposed project will not have significant adverse physical effect on the environment and that a negative declaration should be prepared.

2. Environmental Impact Reports. Where it is determined by the city that an environmental impact report (EIR) is required for a proposed project, action on a proposed site plan shall be deferred until such time as the EIR has been prepared and reviewed pursuant to provisions of the city's guidelines and state law. The city council shall, at the completion of said EIR review, attach such conditions to the approval of the site plan as in their judgment will mitigate or reduce to acceptable levels any of the environmental impacts identified during review of the EIR. The city council may deny a site plan if it is found that such mitigation or reduction of environmental impacts is not feasible.

3. Monitoring Program to Assure Compliance with Mitigation Measures.

   1. As a condition of the agreement between the city and the applicant, or as a condition of site plan approval, the city shall institute an EIR mitigation monitoring program to meet the requirements of AB 3180 (codified as Public Resources Code Section 21081.6, and as may be amended). Mitigation monitoring shall take place during all successive review procedures of the building construction and land development process, including at the time of plan checking for buildings and public and private improvements, during field inspection of construction, at the time of the issuance of an occupancy permit and during ensuing operations of the project after project completion.

   2. The ultimate responsibility for the monitoring of mitigation measures shall rest with the city. However, to the extent practical, short-term or on-going responsibility may be shared by the city with the party responsible for project management and operation after project completion, and especially where on-going operations are required to meet specific standards. The initiation and conduct of an adequate mitigation monitoring program shall apply to a project approved with a "mitigated" negative declaration or to an EIR.

   3. The provisions of the mitigation monitoring program for any given project shall be established by a "mitigation monitoring agreement" between the applicant and the city immediately following completion of the environmental review process. The proposed

provisions of the contract shall be presented to the city council at the time of certifying the adequacy of the negative declaration or final EIR, whichever procedure applies, and prior to formal project approval, so that the program provisions will be known to all parties in interest and can be discussed as to their adequacy prior to city council certification of a negative declaration or EIR.

4. The programming and monitoring process to be followed generally shall be that process established by resolution of the city council specifying general responsibilities of city personnel for participation in the process, and including procedures for the prompt resolution of disputes that may arise during the monitoring process. Where the extent of mitigation may be complex, and/or where mitigation may require action to satisfy more than one governmental agency having participated in the environmental review process for a given project, the "monitoring team" should involve appropriate personnel of such other agencies. For projects where all mitigation can be completed prior to or at the time of project completion, the city shall notify the applicant in writing that the project has been completed in compliance with all applicable mitigation measures.

5. The city shall levy such fees as may be necessary to fully cover the city's costs of conducting the mitigation monitoring program for any given project. Provision for such charges shall be included in the mitigation monitoring agreement established between the city and the applicant as an enforceable contract.

(Ord. 437 § 1 (part), 1989)