Chapter 17.56 — SITE PLAN REVIEW

Editor's note— Ord. No. 359, § 2(Exh. A), adopted February 22, 2012, amended Chapter 17.56 in its entirety to read as herein set out. Formerly, Chapter 17.56 pertained to similar subject matter, and derived from Ord. No. 316, § 1(part), adopted in 2006.

A.

The purpose of site plan review is to enable the city to make a finding that the proposed development is in conformance with the intent and purpose of this title and to guide issuance of permits. More specifically, site plan review is necessary to ensure that all improvements, including without limitation, 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 in a manner which will enhance the physical appearance and attractiveness of the community.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

A.

The applicant shall file with the city a completed application in a form provided by the city. The owners of record of the lot or parcel of property which is the subject of the application shall file an affidavit authorizing the application on a form provided by the city.

B.

In addition to the application and fee, the application shall be accompanied by fifteen copies of each of the following: a site plan, the floor plan, elevations and grading plan of the project drawn to scale and dimensioned, each of which shall be on paper which is at least eighteen inches by twenty-four inches. The following information shall also be submitted:

Lot or site dimensions;

Information on all buildings and structures, including floor plans and proposed uses within each room of each structure;

The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornament or other architectural features;

Setbacks and spaces between buildings;

Walls and fences and their location, height and materials;

Off-street parking and off-street loading areas, including the stall striping, aisles and driveways, and internal circulation pattern;

Pedestrians, vehicular and service points of ingress and egress and internal circulation pattern;

The location, dimensions and designs of all signs, including the types of illumination, if any, including hooding devices, if any;

Location and general nature of exterior lighting, including hooding devices, if any;

Any existing or proposed easements across the site;

The name of all adjacent streets, roads or alleys, showing rights-of-way and dedication widths, reservation widths, and all improvements in the public right-of-way, including locations of sidewalks, parkways, curbs, gutters, street widths to centerline and dedications existing and proposed;

Landscape and irrigation plans;

Refuse enclosures; including trash and recycling facilities, location, type and material;

Existing utilities to the site;

Composition of material comprising exterior surfaces;

Adjacent public rights-of-way, including median island detail where applicable;

Proposed surfacing of all paved areas;

Existing topography and proposed grading and drainage of the site;

Phasing of the project, if any, must be shown on the site plan itself;

Adjacent land uses;

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

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

A.

An application for site plan review shall be submitted to the city on a form prescribed by the city in accordance with Section 17.56.020 of this chapter.

B.

Within thirty days after submission, the building inspector, on behalf of the city, shall review the site plan to determine compliance with this title. If it is determined that the site plan cannot be approved without granting a variance or use permit, or amending this title, 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 title.

C.

The building inspector may require the submittal of additional information or revised plans. Within thirty days from the receipt of an application, 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 of site plan disapproval. All recommendations of the building inspector shall be forwarded to the City Manager, or his designee for review.

D.

Within thirty days after the receipt of the site plan, the City Manager, or his designee shall approve, approve with conditions, disapprove the site plan or refer the application to the planning commission.

E.

In reaching a determination with regard to a site plan review, the City Manager, or his designee shall state those conditions which they have determined are necessary to protect the public health, safety and general welfare of the community and those conditions as may be required by the city municipal code or any

federal, state or other local law, rule, regulation or court decision in accordance with this section. In making his/her determination, the city manager, or his designee shall consider and, when appropriate, make findings concerning each of the following:

That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls, and fences, parking, loading, landscaping, and other features required by this section to adjust such use with the land and uses in the neighborhood;

That the site for the proposed use relates to streets and highways adequate in width and pavement to carry the quantity and kind of traffic generated by the proposed use;

That the proposed use will not be detrimental to the character of the development in the immediate neighborhood;

That noise, vibration, odors and other similar characteristics are regulated;

That 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;

Special yards, spaces and buffers;

Fences and walls;

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

Regulation of points of vehicular ingress and egress;

Requiring the undergrounding of utilities;

Regulation of time period within which the proposed use shall be developed;

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 purpose set forth in this chapter;

Such other requirements which reasonably may be required by the City Manager, or his designee. In making the above findings, the City Manager, or his designee shall determine that approvals will be consistent with the established legislative policies relating to traffic safety, street dedications and street improvements, environmental quality, and to zoning, fire, police, building and health codes. All conditions of site plan approval shall be fully complied with prior to the issuance of any certificate of occupancy. It is 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.

F.

The City Manager, or his designee, in his sole discretion may refer any application for a site plan review to the planning commission for public hearing and the site plan shall be subject to the procedures of Section 17.56.040.

G.

Within ten days following the date of a decision of the City Manager, or his designee 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 City Manager, or his designee or wherein its decision is not supported by the evidence in the record.

H.

The commission shall hear the appeal at a public hearing in accordance with Section 17.56.040. The commission may affirm, reverse or modify a decision of the City Manager, or his designee, 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 17.56.030. A site plan that has been the subject of an appeal to the commission shall become effective within fifteen days following the date on which the site plan is affirmed or modified by the commission.

I.

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

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

The planning commission shall hold a public hearing on a site plan review as referred by the City Manager, or his designee or upon appeal. Such hearing shall be held within thirty days of the decision of the City Manager, or his designee or the appeal. Notice of the public hearing shall be given not less than ten days nor more than twenty days prior to the date of the hearing, by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest adopted tax roll of Fresno County as owning property within three hundred feet of the boundaries of the site to be occupied by the proposed use.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

The city is concerned with the appearance of the built environment. It is important that new development present an appearance of quality and architectural variation. The design standards set forth in this section reflect community value, ensure that high standards of design are evident in all development and that the development is consistent with the intended use and provides quality-of-life amenities where applicable.

A.

The site should be designed so as to create a development which is pleasant in character, human in scale and facilitates on-site circulation.

The location and design of the project should not unnecessarily adversely impact surrounding properties or harm the public health, safety or general welfare.

Existing natural features such as trees, other native vegetation, natural ground forms, water and view shall be retained to the maximum extent feasible.

The visual impact and presence of vehicles shall be minimized by generally siting parking areas to the rear of side of the property rather than along street frontages, and screening parking areas from view, both interior and exterior to the site.

All exterior lighting is to be directed onto the site and away from adjacent residential properties.

Where appropriate due to the nature of the project, bicycle parking with access from adjacent streets, driveways or paths shall be provided.

Traffic congestion or impairment of traffic visibility shall be avoided.

Pedestrian safety and welfare shall be protected.

Parking areas shall be provided.

B.

There is no single architectural style and design theme for Orange Cove. Good architectural style and design should reflect compatibility with the character of the area. Compatibility includes building style, size, setback, form, color and material considerations.

The architectural style and design shall enhance the neighborhood and contribute beneficially to the overall design quality and visual character of the community, and maintain a stable, desirable character.

A consistent color scheme should be used throughout a project and the scheme(s) should not contrast negatively with the character of the area.

The design of projects containing many buildings should provide variety in building size and massing. A mixture of single-and multi-story buildings should be used.

The architectural scheme (form, materials, color and detailing) of a building should be carried throughout all exterior elevations to achieve design, harmony and continuity.

Coordinate roof shape, color and texture with the overall building design.

Continue on all elevations the architectural character established for the street facing elevations to the extent possible.

Mechanical equipment and utilities, with the exception of solar heating panels, shall be architecturally screened from view. Rooftop mechanical and electrical equipment and appurtenances to be used in the

operation and maintenance of a building shall be installed so as not to be visible from any point or at below the roof level of the subject building. This requirement shall apply in construction of new buildings, and in any alteration of mechanical systems of existing building that results in significant changes in such rooftop equipment and appurtenances. The features so regulated shall, in all cases, be either enclosed by out building walls or parapets, or grouped and screened in a manner architecturally compatible with the building. Minor features not exceeding one foot in height shall be exempted from this requirement, except that such minor features shall be of a color that minimizes glare and blends with the building. Ground-or interior-mounted mechanical equipment is strongly recommended.

Ensure that the physical proportions of the project and the manner in which the project is designed is appropriate in relation to the size, shape and topography of the site and adjacent developments.

Buildings with box-like appearances, lacking architectural variation on all elevations, are discouraged. Architectural variation can be achieved through a variety of design techniques, including but not limited to:

a.

Off-setting or varying building setbacks;

b.

Providing covered porches, balconies and entries;

c.

Combining single-story and two-story construction in a single building, with single-story nearest property lines;

d.

Varying roof lines, height and type and building elevations.

Each project shall contain a sufficient number of trash enclosures to adequately serve the use. Such enclosures shall be constructed to city standard specifications.

Screen exterior trash and storage areas, service yards, loading docks and utility services from view of all nearby streets and adjacent structures in a manner that is compatible with building and site design.

All sides of commercial buildings shall be architecturally treated to produce an aesthetically pleasing facade which is of a design compatible with surrounding commercial buildings and the character of the

community.

Signage should be compatible with the architecturally style and design of the building and should contribute beneficially to the overall design quality and visual character of the community.

C.

Landscaping should be included in any project design to create a pleasing appearance from both within and off the site. Site landscaping should be utilized to promote the character of the city, particularly as demonstrated by large shade trees.

Landscape and Irrigation Plans Required. A landscape and irrigation plan drawn to scale and dimensioned shall be submitted to the development services division for all new projects in all nonresidential zones, and for all new residential projects of two or more units.

a.

Landscape Plan Contents. A landscape plan shall contain at a minimum the following information:

i.

List of plants (common and botanical names);

ii.

Plant size, trees shall be a minimum of fifteen gallon and shrubs a minimum of five gallon;

iii.

Plant location, with size and type identification;

iv.

Location of existing trees with a trunk diameter of six inches or greater.

b.

Irrigation Plan Contents. An irrigation plan shall contain at a minimum the following information:

i.

Location, type and size of lines;

ii.

Location, type, gallonage output, and coverage of heads;

iii.

Location and size of valves;

iv.

Location and type of controller;

v.

Location and type of backflow prevention devise;

vi.

Available water pressure, water meter outlet size, and flow rates at meter.

Maintenance of Landscape. Planting areas shall be permanently maintained, including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. All trees, shrubs, and plants which, due to accident, damage, disease, or other cause, fail to show a healthy growth, shall be replaced. Replacement plants shall conform to all the standard which oven the original planting installation.

Landscaping for commercial, industrial and multi-family uses shall be irrigated with an automatic, times sprinkler system.

Native and mature trees and vegetation shall be retained and integrated.

Landscaping should be planned as an integral part of the project and not simply located in leftover space after parking and building siting.

Street trees shall be installed in accordance with the city street tree master plan.

Dense landscaping shall be installed to screen unattractive views and features such as storage areas, trash enclosures and transformers.

Landscaping within and adjacent to parking areas shall be provided to screen vehicles from view and minimize the expansive appearance of parking areas.

Deciduous trees along the south and west building exposures shall be encouraged.

Ground cover shall be a live plant material. Gravel, colored rock, bark, and similar materials are generally not acceptable.

Landscaping shall permit adequate sight distance for motorist and pedestrians entering and exiting the site.

Landscaping shall be designed and maintained so as to prevent illegal or inappropriate access onto or into any structure by climbing trees and bushes.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

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:

Dedicate all necessary rights-of-way to widen a bordering minor or collector street to the extent of one-half or 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;

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;

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

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;

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;

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 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 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 proposition to the traffic, utility and other demands generated by the proposed development.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

Before a building permit shall be issued for any structure or sign proposed as part of an approved site plan, the building inspector 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 inspector shall certify that such improvements have been made in conformity with the plans and conditions approved by the city.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

A site plan approval shall lapse and become void one year following the date final approval has been given unless, prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued. Approval may be extended for an additional period or periods of one year upon written application to the city before expiration of the first approval.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

The revocation of a site plan shall be governed by the provisions of Section 17.56.030 of this chapter.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

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

(Ord. No. 359, § 2(Exh. A), 2-22-2012)