Chapter 10.96

• 10.96.070: Findings And Decision

• 10.96.080: Street Dedications And Improvements

• 10.96.100: Lapse Of Site Plan Approval

The purpose of this Chapter is to provide standards and procedures for the review of applicable development and land use applications to enable the Community Development Director to find a proposed development in compliance with the General Plan, Municipal Code, policies, and improvement standards of the City. (Ord. 2024-001, 9-10-2024)

• A. Site plan review provisions of this Chapter shall apply to the following:

1. All land uses within the RCO, UR, RM, PO, CC, CS, ML and MH zoning districts; and

2. Any land use subject to architectural design review by the provisions of Chapter 10.98 (Architectural Design Review) of this Title.

B. Site plan review provisions of this Chapter shall not apply to the following, as determined by the Community Development Director:

1. Single-unit dwellings;

2. Land uses related to single-unit dwellings; and

3. Accessory structures in all zoning districts. (Ord. 2024-001, 9-10-2024)

A complete application shall be accompanied by a written narrative, operational statement, site plans, elevations, threedimensional renderings, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Title. The Community Development Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, floor plans, and building cross sections, as a record of the proposal's conformity with the applicable regulations of this Title. The application shall be accompanied by a fee in compliance with the City's Master Fee Schedule. (Ord. 2024-001, 9-10-2024)

A. The application for site plan review shall be deemed complete and accepted for processing only when it conforms to all

the requirements of Section 10.96.030 (Application Filing) of this Title. Within thirty (30) calendar days (excluding Cityrecognized holidays) after the application is submitted, the Community Development Director or their designee shall determine whether the application, including all submitted materials, is complete and shall notify the applicant of the determination in writing, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. Upon receipt of any resubmittal of the application, a new thirty (30)-day review period shall begin.

B. If the Director determines they cannot approve the site plan without the granting of a Variance or Conditional Use Permit, or the enactment of an amendment to this Title, The Director shall inform the applicant in writing and shall not act on the application until the proper application or an amendment has been submitted in compliance with this Title.

C. If the Community Development Director determines that the application, including the submitted materials, is not complete, the applicant may appeal such determination to the Planning Commission. The appeal shall be filed in writing with the director within ten (10) calendar days (excluding City recognized holidays) after notice of the Director's determination. The Planning Commission shall hear the appeal and give a final written determination on the appeal within sixty (60) calendar days (excluding City-recognized holidays) after the Director's receipt of the applicant's appeal. (Ord. 2024-001, 9- 10-2024)

A. Within forty-five (45) calendar days (excluding City recognized holidays) following the date of a deemed complete application status, the Community Development Director shall approve, approve with conditions, or disapprove the site plan. In approving the site plan, the Director shall make the findings established in Section 10.96.070 (Findings) of this Chapter. The action of the Director shall be final unless appealed in compliance with Section 10.96.120 (Appeals) of this Chapter.

B. The approved site plan, with any conditions shown thereon or attached thereto, shall be signed by the Community Development Director, or their designee, and a copy shall be provided electronically or through the United States Postal Service to the applicant.

C. Revisions by the applicant to an approved site plan shall be resubmitted to the Community Development Director in compliance with Section 10.96.030 (Application Filing). (Ord. 2024-001, 9-10-2024)

The Community Development Director shall require conditions of approval necessary to protect the public health, safety, and general welfare. Such conditions may include consideration of the following:

• A. Special setbacks, spaces, and buffers.

• B. Fences and walls.

• C. Surfacing of parking areas and provisions for surface water drainage subject to City specifications.

• D. Street dedications and improvements, in compliance with Section 10.96.080 (Street Dedications and Improvements) of this Chapter, including service roads or alleys.

• E. Regulation of points of vehicular ingress and egress.

• F. Regulation of signs, in compliance with the standards established in Chapter 10.40 (Sign Regulations) of this Title.

• G. Requiring maintenance of the grounds.

• H. Requiring landscaping and maintenance thereof.

• I. Regulation of noise, vibration, odors, and other similar characteristics.

• J. Measures necessary to eliminate or to effect mitigation to acceptable levels of adverse environmental impacts.

• K. Regulation of time for certain land uses and activities to be conducted on the site.

• L. Time period within which the proposed land use or activity shall be developed and/or take place.

M. A bond, deposit of money, recorded lien secured by deed of trust or letter of credit for the completion of street improvements and other facilities or for the removal of such use within a specified period of time, to assure conformance with the intent and purposes established in this Title. (Ord. 2024-001, 9-10-2024)

• A. In acting on a proposed site plan, the Community Development Director shall make the following findings:

1. The site plan complies with all applicable provisions of this Title;

2. The site plan complies with the current and active General Plan and/or applicable Specific Plan;

3. The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are

protected and there will not be an adverse effect on surrounding property:

• a. Facilities and improvements.

• b. Vehicular ingress, egress, and internal circulation.

• c. Setbacks.

• d. Height of structures.

• e. Location of services.

• f. Walls.

• g. Landscaping.

• h. Drainage of site;

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

5. Proposed signs shall comply with all applicable provisions of Chapter 10.40 (Sign Regulations) of this Title;

6. Approval of the project will be consistent with established legislative policies related to traffic safety, street dedications, street improvements, and environmental quality; and

7. The project will not be detrimental to public health, safety, and welfare.

B. A Site Plan Review shall become effective on the eleventh calendar day (excluding City-recognized holidays) following the date the Site Plan Review was acted upon by the Director, unless appealed in compliance with Section 10.96.120 (Appeals) of this Chapter. (Ord. 2024-001, 9-10-2024)

Because of changes which 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 abuts or is traversed by existing approved and applicable public right(s)-of-way, the applicant may be required to:

1. Dedicate all necessary rights-of-way to widen an abutting local or collector street to the extent of fifty percent (50%) of the ultimate width established by the City as the standard for such local or collector street, or the full extent required for a frontage road.

2. Dedicate all necessary rights-of-way to widen a traversing local or collector street to its ultimate width established by the City as the standard for such local or collector street.

3. Dedicate all necessary rights-of-way to widen an abutting or traversing arterial or major arterial street to the standards of width established by the City as the standard for such street.

4. Set back all facilities the required distance from ultimate property lines along a major arterial street as shown on any master, official or precise plan of streets and highways or by the General Plan.

5. Install curbs, gutters, sidewalks, street signs, streetlights, and street trees along one side of an abutting, or along both sides of, a traversing local, collector, arterial, or major arterial street.

6. Install utilities and drainage facilities to the full extent of the service requirements generated by the development.

7. Grade and improve abutting local or collector streets from curb to centerline of the ultimate right of way.

8. Grade and improve traversing local or collector streets from curb to curb.

9. Grade and improve the parking lane and one (1) traffic lane adjacent to the development, along an abutting arterial or major arterial street.

10. Grade and improve both parking lanes and the two (2) outside traffic lanes of a traversing arterial or major arterial street.

B. Exception. 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.

C. Where a frontage road is already provided and improved along a major arterial, arterial, collector, or local street in accordance with City standards, the curb, gutter, sidewalk, street sign, street lighting, grading, and paving requirements of Paragraphs A.5 and Paragraph A.10 of this Section pertaining to the arterial street shall not be required unless any part of the street is altered or reconstructed.

D. Where total access to or from an abutting or traversing major arterial street is prohibited as a condition of approval, the curb, gutter, sidewalks, street sign, streetlight, grading, and paving requirements of Paragraph A.5 and Paragraph A.10 of

this Section pertaining to major arterial streets shall not be required.

E. 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. The applicant shall enter into said 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 percent (100%) of the estimated cost of improvements, as estimated by the City Engineer to guarantee the making of such improvements.

F. Street dedications and improvements required by this Section shall be considered in relationship to the traffic, utility, and other demands generated by the proposed development and/or land use. (Ord. 2024-001, 9-10-2024)

Before a Building Permit is issued for any structure or sign proposed as part of an approved site plan, the Community Development Director shall determine that the proposed structure(s) location, facilities, and improvements are in substantial conformance with the approved site plan. (Ord. 2024-001, 9-10-2024)

A site plan approval shall lapse and shall become void twenty-four (24) months following the date on which approval by the Community Development Director, Planning Commission, or City Council became effective unless, prior to the expiration of twenty-four (24) months, a Building Permit is issued by the Building Division and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval may be extended for an additional period or periods of twelve (12) months upon written application to the Director before expiration of the first approval. The Director shall have the authority to grant or deny an extension request. (Ord. 2024-001, 9-10-2024)

A site plan approval may be renewed for an additional twelve (12) months, provided that the following requirements are met:

A. Prior to the expiration of the time period granted, an application for renewal of the site plan approval is filed with the Community Development Director.

B. The Community Development Director shall grant or deny an application for renewal of a site plan approval. (Ord. 2024-001, 9-10-2024)

A. Appeal to Planning Commission. Site plan review decisions shall be appealed in compliance with the following:

1. Within ten (10) calendar days (excluding City-recognized holidays) following the date of a decision by the Community Development Director, the decision may be appealed in writing to the Planning Commission by the applicant or any other interested party. An appeal shall be filed with the Community Development Department and accompanied by the filing fee determined by the current Master Fee Schedule. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Community Development Director or wherein the decision is not supported by the evidence in the record.

2. The Community Development Director shall give notice to the applicant and to the appellant (if the applicant is not the appellant) of the time the appeal will be considered by the Planning Commission.

3. Notice of Planning Commission Public Hearing. Notice of the public hearing shall be given, at minimum, ten (10) calendar days (excluding City-recognized holidays) prior to the date of the hearing in accordance with the requirements of Government Code sections 65905 and 65091.

4. The Planning Commission shall hear the appeal at its next regular meeting within forty-five (45) calendar days (excluding City-recognized holidays) after the filing of the appeal. The Commission may affirm, modify, or reverse a decision of the Community Development Director based on the record and additional evidence submitted by the applicant or other interested party. If the decision is modified or reversed, the Commission shall make the applicable findings prerequisite to the approval of a site plan as provided in Section 10.96.070 (Findings) of this Chapter. The decision of the Commission shall be final unless appealed to the City Council in compliance with Subsection B (Appeal to City Council), below.

B. Appeal to City Council. A decision by the Planning Commission shall be appealed to the City Council in compliance with the following:

1. Within ten (10) calendar days (excluding City-recognized holidays) following the date of a decision of the Planning Commission on a site plan application, the decision may be appealed to the City Council by the applicant or any other interested party. An appeal shall be filed with the City Clerk and accompanied by the filing fee determined by the current Master Fee Schedule. The appeal shall specifically state wherein it is claimed that there was an error or abuse of discretion by the Commission or where its decision is not supported by the evidence in the record.

2. The Community Development Director shall transmit to the City Clerk the drawings of the site plan and all other information filed therewith, the findings of the Planning Commission and its decision on the application for review and action.

3. The City Clerk or their designee shall give notice to the applicant and to the appellant (if the applicant is not the appellant) of the time when the appeal will be considered by the City Council.

4. Notice of City Council Public Hearing. Notice of the public hearing shall be given, at minimum, ten (10) calendar days (excluding City-recognized holidays) prior to the date of the hearing in accordance with the requirements of Government Code sections 65905 and 65091.

5. The City Council shall hear the appeal of its next regular meeting within forty-five (45) calendar days (excluding Cityrecognized holidays) after the filing date of the appeal. The City Council may affirm, reverse, or modify a decision of the Planning Commission based on the record and additional evidence submitted by the applicant or other interested party. If the decision is modified or reversed, the City Council shall make the applicable findings prerequisite to the approval of a site plan as provided in Section 10.96.070 (Findings) of this Chapter.

6. A site plan which has been the subject of an appeal to the City Council shall become effective immediately following the date on which the site plan is affirmed or modified by the City Council. (Ord. 2024-001, 9-10-2024)

A. Upon violation of any applicable provisions of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition(s), a site plan approval shall be suspended.

B. Notice of such suspension and of the City's intent to revoke the approved site plan shall be sent by the Community Development Director immediately to the owner of the subject premises and to the person or persons responsible for noncompliance as determined by the Director.

C. Within forty-five (45) calendar days (excluding City-recognized holidays) of the suspension, after notice to the owner and to those deemed responsible for noncompliance, the Community Development Director shall consider the suspension and revocation at a public hearing. If not satisfied that the regulation, general provision, or condition(s) are being complied with, the Director shall revoke the approved site plan or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s) within five (5) calendar days (excluding City-recognized holidays) after the public hearing.

D. A decision of the Community Development Director in compliance with this Chapter shall become final on the eleventh calendar day (excluding City-recognized holidays) following the Director's action unless an Appeal is filed with the Planning Commission. (Ord. 2024-001, 9-10-2024)

A site plan approved 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 the site plan. (Ord. 2024-001, 9-10-2024)