Chapter 17.82 — SITE PLAN REVIEW

The purpose of site plan review is to ensure that proposed development in the city is in conformity with the intent and provisions of this title and to guide city departments in the issuance of permits. In addition, it is the purpose of this chapter to ensure that proposed development is compatible with surrounding development in terms of scale, style and construction materials; that on and on-off site circulation is adequate to support the project; that city services are adequate and available; that projects are of the highest quality of land planning and design, and that projects reflect the design themes of the community and are consistent with the city's general plan and land use and planning, all in an effort to protect the health, safety and welfare of the community and to enhance the development, use, occupancy, health, safety and welfare of surrounding areas for commercial or industrial uses or purposes. Further, adherence to the standards herein will benefit the occupancy of existing property, enhance the stability and value of both improved and unimproved real property, and encourage appropriate development.

(Ord. 2007-05 § 3 (part))

No person shall construct any building or structure or make structural and physical improvements, additions, extensions and/or exterior alterations, and no permit shall be issued for such construction until the site plan has been submitted to, reviewed by, and approved in accordance with this chapter. The property may only be developed, used and maintained in accordance with the approved site plan.

(Ord. 2007-05 § 3 (part))

Site plan review applications, revocable and conditional, may be issued for any of the uses or purposes for which said permits are required or permitted by the terms of this title. The city may impose such conditions

as it deems necessary to secure the purposes of this title, code, or other city standards, and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

Site plan review shall include, but not be limited to, a review of the following: traffic and circulation, building arrangement, historic character, setbacks, walls and fences, noise emissions and control measures, off- street parking, grading, drainage, landscaping, lighting, signs, public services and utilities, development and performance standards and the interrelationships of these elements as well as compatibility with adjacent buildings.

The site plan review application is a ministerial permit with a fee as set by resolution of the city council.

A "site plan" application may be approved by the city manager or his/her nominee, without the necessity of public notice, a public hearing, or planning commission action if findings required for approval (Section 17.82.060) can be made.

The site plan review application shall be accompanied by any applicable fee in an amount to be set by the city council, and plans showing the details of the proposed use to be made of the land or building, and any other pertinent information required by the planning authority staff as provided within this title.

(Ord. 2007-05 § 3 (part))

A.

A site plan review application shall be required as follows:

Any use, structure, or sign requiring a site plan review as specifically provided in the applicable zoning district regulations of this title. All signs shall comply with the adopted city of Orland Sign Ordinance (Chapter 17.78).

Any use requiring a site plan as specifically required by the city as a condition of approval of any application.

B.

The city shall waive the submission of or the requirement for a site plan review application if the city finds that:

All the purposes of development review have been fulfilled by the approval of any other permit required by this title; or

The project involves only interior alterations not materially changing the character of the use of the property; or

The project involves only minor exterior alterations not materially changing the character of the use of the property; or

The use is proposed in an existing building and is listed as a permitted use in the zoning district in which it is located; or

The use is a single-family residence as the principal or primary use as listed as a permitted use in the zoning district in which it is located.

(Ord. 2007-05 § 3 (part))

A.

No public hearing is required. However, public comment may be accepted and reviewed by the city. The city manager or his/her designee shall mail notice of the proposal to all adjacent property owners within three hundred (300) feet of the property requesting the administrative use permit. The notice shall summarize the standards and facts related to the decision, invite persons to submit information relevant to the standards and facts that are pertinent to the proposal within five days of notification giving reasons why the application should or should not be approved. The notice shall also advise the person of his/her right to request a hearing.

B.

If the city manager or his/her designee contemplates that persons can be expected to question the relevant zone requirements, site standard requirements of the applicable zoning district and need for the proposed action, or if any property owner entitled to notice under subsection A above requests a public hearing in writing, the city manager or his/her designee shall initiate a public hearing on the application. The city manager or his/her designee shall set a date for the public hearing and mail notice to those same persons receiving the original notice. The city manager or his/her designee may at their discretion, choose to initiate a public hearing and provide notice of such, as required herein, without making a preliminary determination and mailing notice of such as provided under subsection A above. At the public hearing, the applicant and interested parties may present information and arguments relevant to the proposal including reasons why the application should be approved or denied or proposing modifications that the persons believe necessary for approval.

C.

The city manager or his/her designee shall review the application, written comments and testimony, if any and make a finding for each pointing dispute and make a decision on the application by approving, conditionally approving or denying the application within ten (10) days of the closing of the period for comments. The decision of the city manager or his/her designee shall be according to quantifiable requirements of the Orland Municipal Code. The decision of the city manager or his/her designee shall be in writing and in the event of disapproval, shall set forth the findings for the disapproval. The written decision shall be mailed to the applicant and to any person who has appealed within five working days of the city's decision.

D.

To assure advisory public involvement in the planning process, every application may be submitted to the citizens of the city for their review and comment.

E.

To assure affected agencies involvement in the planning process, every application may be referred to appropriate federal, state and local agencies for their review and comment.

F.

The approving authority for site plan review applications is the city manager or his/her designated representative.

G.

The city may cause notice to be given on any application as provided in Section 65091 of the Government Code.

(Ord. 2007-05 § 3 (part))

A.

The city manager or designated representative shall only approve or conditionally approve a site plan review application if all of the following findings are made:

That the proposed use is an allowed use in the district where located.

That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.

That there are adequate services (water, sewer, storm drainage) available.

That the project is in conformance with the applicable provisions and policies of this title, the Orland Municipal Code and any approved zoning or land use study or plan.

That the infrastructure is adequate to safely accommodate the specific proposed use.

That no violation of the Orland Municipal Code currently exists on the property, unless the purpose of the application is to correct the violation.

That the project will not negatively affect the public health, safety or general welfare.

(Ord. 2007-05 § 3 (part))

A.

Following the completion of the review process, written notification of approval and any conditions thereof shall be made to the applicant. Construction of the improvements set forth in the approved site plan shall be commenced within one year from the date the approved site plan is signed by the city manager or his/her designee. Thereafter, if construction has not commenced, if construction activity has been abandoned for ninety (90) or more days, or if construction is not complete by the time set forth in any condition of approval, the site plan approval shall expire and become void, unless a written request for extension is received by the city at least thirty (30) days prior to such expiration or abandonment. Upon receipt of written request for extension, the city planner may grant an extension of site plan approval for a period not to exceed one year from the original date of expiration, or may refer such request to the planning commission for determination.

B.

Any changes or revisions to an approved site plan shall be subject to review and approval by the city.

(Ord. 2007-05 § 3 (part))

A.

Upon completion of review of a site plan review application the city manager or designated representative, shall either:

Make such findings as are required by Section 17.82.050 and approve the application; or

Notify the applicant of those changes and modifications required for approval of the application; or

Deny the application if the city manager or designated representative finds that:

a.

The application cannot be conditioned by adequate requirements to insure compliance with applicable regulations, or

b.

The application cannot reasonably be modified to conform to the applicable regulations.

B.

Site plan review applications shall be effective upon issuance, unless within ten (10) calendar days of a decision by the city manager or designated representative, the decision is appealed as provided for in Chapter 17.92.

Any decisions by the city manager or his designee may be appealed to the planning commission.

Any decision by the planning commission may be appealed to the city council.

The fee for each appeal is three hundred fifty dollars ($350.00) as set by ordinance by the city council (Section 17.92.020(A)(3) of the Orland Municipal Code).

In case an appeal is filed, the site plan review application shall not have any force or effect until a decision is made by the approving authority on such appeal.

C.

Site plan review applications shall not have any force or effect until the permittee acknowledges receipt thereof and has agreed in writing to each and every term and condition thereof.

(Ord. 2007-05 § 3 (part))