Division 1A — SITE PLAN REVIEW PERMIT

SEC. 16-523. PURPOSE AND INTENT.

This division establishes the procedures for conducting a non-discretionary ministerial site plan review for certain development applications, as identified in this chapter. This process requires the Director to verify that certain new or expanded uses, activities, structures, or development of land complies with all applicable ordinances of the city.

(Ord. No. 3003)

SEC. 16-523.1. REVIEW AUTHORITY.

The Community Development Director (“Director”) is the review authority for an application that requires site plan review. The Director may approve or deny the application. The Director may refer an application to another review authority for a decision on the non-discretionary site plan review.

(Ord. No. 3003)

SEC. 6-523.2. PROCEDURE FOR SITE PLAN REVIEW.

(A) Whenever this chapter provides that a particular use or development may be permitted by site plan review, a site plan review permit shall be issued by the Community Development Department. A site plan review permit may also be used for developments where the state has mandated that the city's approval must be ministerial.

(B) An application for a site plan review permit may be filed by:

(1) The owner(s) of the subject property,

(2) An authorized agent representing the property owner(s), or

(3) The city.

(C) Each application for a site plan review permit or modification to a site plan review permit must be filed with the Director on a city application form, together with reguired fees and/or deposits, and all other information and materials as identified in the city's submittal checklist. The city may ask an applicant to clarify, or provide additional materials to address questions or concerns during the review process.

(D) The application shall be reviewed by the Development Advisory Committee for consistency with applicable regulations and standards. The intent of this review is to provide interdepartmental perspective and coordination prior to project approval with the goal of streamlining the building permit process. This review is non- discretionary, though the Committee may provide conditions of approval to ensure compliance with applicable regulations and standards.

(E) The applicant shall be informed in writing within 30 calendar days of application submittal or as required by the Government Code, that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.

(F) If the applicant does not complete their application within 90 days after notification that the application is incomplete, the application shall be deemed withdrawn, unless a written request for extension is filed by the applicant and granted for good cause by the Director for a period not to exceed an additional 90 days. If an

extension is not granted, or if the extension expires, the application shall be considered withdrawn. A courtesy letter from the city should be sent to the applicant documenting the withdrawal. A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any development project on the same property.

(G) All site plan review permits shall be subject to review to ensure compliance with all applicable objective standards. The review shall be conducted by the Director.

(H) No public notifications or public meetings or hearings shall be required for ministerial site plan review permits.

(I) Where a site plan review permit is processed concurrently with a required discretionary permit, the review authority with jurisdiction over the discretionary permit shall also have review authority over the site plan review permit. However, the review of the site plan review permit shall remain ministerial pursuant to the provisions of this section.

(Ord. No. 3003)

SEC. 16-523.3. REVIEW AND DECISION.

The Director must determine whether the proposed use, activity, building, alteration, or addition, is permitted and conforms to all the applicable regulations and standards of this chapter, other applicable regulations and standards. A site plan review permit shall only be issued after the Director makes the required findings in Section 16-523.4. and other applicable findings required under this chapter.

(Ord. No. 3003)

SEC. 16-523.4. REQUIRED FINDINGS.

The Review Authority must make the following findings:

(A) The project is consistent with the applicable general plan policies and is in conformance with applicable zoning regulations contained in this chapter and other adopted standards.

(B) There are adequate infrastructure and public services available to serve the proposed development, including sewerage, water, fire and police protection, storm drainage facilities, and legal access to the lot.

(C) The proposed development is on a legally created lot.

(Ord. No. 3003)

SEC. 16-523.5. NOTICE OF ACTION.

After taking action on an application, the Director shall notify the applicant of the decision. The decision may be in the form of a letter or in the form of a stamp, signature, or other official notation or documentation on the site plan. The site plan review permit will be identified by the Community Development Department on the city's development project list.

(Ord. No. 3003)

SEC. 16-523.6. EFFECTIVE DATE OF DECISION.

The decision is effective upon issuance of notice of action.

(Ord. No. 3003)

SEC. 16-523.7. EXPIRATION DATE AND EXTENSION.

(A) A site plan review shall expire 36 months from the date of issuance if the use, building, structure, or other improvements for which the permit has been issued has not been established or commenced in compliance with the issued permit or unless a time extension is approved. If the approved application is not used within the time limit, the approval becomes null and void.

(B) Notwithstanding Subsection (A), above, where an application, including required fees, requesting an extension is timely filed prior to such expiration date, the Director may approve a one-time extension of the time limit in Subsection (A), above, for a period of not to exceed one year. In considering a time extension, the review authority must make the following findings:

(1) The granting of the extension must be based upon a finding of good cause.

(2) All original findings for approval can still be made.

(Ord. No. 3003)

SEC. 16-523.8. APPLICATION FEE.

Fees for filing an application for a site plan review permit shall be the same as the fees for a development design review permit and Development Advisory Committee fees set by resolution of the City Council.

(Ord. No. 3003)

SEC. 16-523.9. APPEALS.

The Director’s decision to approve a site plan review is final and is not subject to appeal, except as follows: an application for a site plan review permit shall only be appealable if the matter is denied with written findings justifying the denial. The denial may be appealed to the Hearing Officer within ten days of the date of the issuance of the written decision. An appeal shall be granted if the Director's decision does not include written findings or if the written findings do not justify the denial consistent with state or local law.

(Ord. No. 3003)

SEC. 16-523.10. MODIFICATION TO SITE PLAN REVIEW PERMIT.

(A) Minor Modification. Minor changes to an approved site plan review permit that substantially conform to the approved or issued permit are eligible for review as a minor modification. A minor modification may allow for an increase or decrease of the following elements of the approved development, by no more than 10%:

(1) Approved building height;

(2) Approved setback distances;

(3) Landscape coverage;

(4) Building floor area;

(5) Site building coverage;

(6) Other approved numerical elements.

In no case may the increase or decrease be below the minimum or exceed maximum standards established by the City Code.

(B) Modifications to building elevations may be considered under a minor modification, provided that modified elevations comply with applicable objective design standards and applicable zoning regulations contained in this chapter and other adopted standards.

(C) An application for a minor modification shall be filed with the Director. Three copies of the site plan, elevation and landscape plan, if applicable, shall be submitted with a letter outlining the requested modification(s).

(D) Fees for filing an application for a minor modification shall be set by resolution of the City Council.

(E) Upon review of the application for a minor modification, the Director shall issue a written decision approving, conditionally approving or denying the application within the time period prescribed by State law.

(F) The Director's decision to approve a minor modification to a site plan review is final and is not subject to appeal, except as follows: An application for a minor modification shall only be appealable if the matter is denied with written findings justifying the denial. The denial may be appealed to the Hearing Officer within ten days of the date of the issuance of the written decision. An appeal shall be granted if the Director's decision does not include written findings or if the written findings do not justify the denial consistent with state or local law.

(G) Major Modification. Changes to an approved site plan review permit that do not qualify as minor modifications under Subsection (A) or (B) shall be reviewed under a new site plan review. application.

(Ord. No. 3003)

SEC. 16-523.11. AS-BUILT DEVELOPMENT.

Applications for legal as-built development without an effectuated site plan review permit that is considered nonconforming only due to the absence of a site plan review permit, shall be processed in the same manner as a minor modification under Section 16-523.10. The site plan review permit for the as-built development may allow for minor modification to the existing development pursuant to Section 16-523.10. as allowed under the minor modification process.

(Ord. No. 3003)

SEC. 16-523.12. CEQA.

The site plan review permit is defined as ministerial within the meaning of CEQA and Cal. Public Resources Code 21080(b)(1). The site plan review permit review process applies a series of fixed standards and objective measurements and does not intend to involve the use of personal or subjective judgments in deciding whether or how the project should be carried out.

(Ord. No. 3003)