Chapter 10.72 — SITE PLAN REVIEW

Tulare Zoning Code · 2026-06 edition · ingested 2026-07-07 · Tulare

§ 10.72.010 Purpose.

(A) The purpose of this chapter is to protect the public health, safety, and general welfare through the review of proposed projects to verify conformity with applicable statutes, ordinances, regulations, and other fixed standards, including, the City's General Plan, Municipal Code, and policies and improvement standards of the city and the state.

(B) The provisions of this chapter shall apply to any new, expanded or remodeled use/development. The total combined use area shall be subject to site plan permit procedures and all applicable conditions. (Ord. 2025-01, passed 1-7-2025)

§ 10.72.020 Applicability.

The following projects shall be processed through the site plan review process:

  • (A) Divisions of land or adjustments to property lines.

  • (B) New construction of multi-family, office, commercial, industrial, or quasi-public development.

  • (C) Any public development, including but not limited to administration, public safety or recreation buildings; schools; and any county, state, or federal buildings.

  • (D) Mobile home or trailer parks.

  • (E) Conversion of single-family dwellings to non-residential uses, including offices, retail stores, and "bed and breakfast" type establishments.

  • (F) Conversion of apartments, office, commercial, or industrial buildings into condominiums.

  • (G) Any project involving an intensification of land use, including conversion of service from either commercial or industrial use to a retail commercial use or occupancy of the structure.

  • (H) Other non-residential improvements to land or buildings subject to the site plan review process.

  • (Ord. 2025-01, passed 1-7-2025)

§ 10.72.030 Exemptions.

Construction of, or additions to, one single-family dwelling shall be exempt from the provisions of this chapter. (Ord. 2025-01, passed 1-7-2025)

§ 10.72.040 Site plan application contents.

(A) Information. The applicant shall submit a minimum of ten prints of the site plan to the Community Development Department. The site plan shall be drawn to a scale that clearly indicates all dimensions and includes all of the following information:

  • (1) Address.

  • (2) Assessor's parcel number.

  • (3) Vicinity map on cover sheet.

  • (4) Scale and north arrow.

  • (5) Dimensions of property.

  • (6) Location of existing and proposed buildings and/or structures, showing dimensions/distance from property lines, and the intended use for each.

  • (7) Location, height, and material of existing and/or proposed fences, walls, and the like.

(8) Location of off-street parking. Indicate the number of parking spaces and type of paving, with directional arrows and parking space dimensions.

  • (9) Location and width of drive approaches.

  • (10) Method of on-site drainage.

  • (11) Location of existing and/or proposed public improvements (such as curbs, gutters, sidewalks, utility poles, fire hydrants, street lights, traffic signal devices, etc.).

  • (12) Method of sanitary disposal.

  • (13) Location of signs, their size, height, type of illumination, and type of building material.

  • (14) Location of trash refuse area.

  • (15) Location and type of existing trees.

(16) A preliminary or conceptual landscape plan must be submitted for site plan review. A final specific landscape plan must be submitted prior to the issuance of building permits. This plan shall comply with Chapter 10.52 and shall include species, quantity, size, location, and irrigation system.

  • (17) Loading and storage areas, indicating any fences and walls to be used as screening.

  • (18) Location and height of all roof-mounted structures.

  • (19) Lighting, including the location of all exterior fixtures.

  • (20) Such other data as may be required to permit the Site Plan Review Committee to make the required findings.

  • (21) Elevations, if required by the nature of the proposed project, to ensure compliance with the development standards found in the City's Municipal Code.

(22) Additional information as required in order for the Historic Preservation Advisory Board to ensure that the proposed project meets the standards for historic preservation found in the City's Municipal Code.

(B) Submittal. Plans submitted by 3:00 p.m. on a Thursday shall be reviewed by the Site Plan Review Committee at their regular meeting at 1:30 p.m. on the following Wednesday. Additional time may be required for site plans which must be reviewed by other agencies and/or city committees.

(C) If all of the required information as outlined within this chapter is not submitted, the application shall not be processed by the Community Development Department. Acceptance by staff of the filing shall not be considered

approval or confirmation that all required information has been submitted or waiver of any of the requirements of this chapter.

(Ord. 2025-01, passed 1-7-2025)

§ 10.72.050 Site Plan Review Committee.

(A) Members. The Site Plan Review Committee shall be comprised of staff representatives of the fire, engineering, traffic, building, planning, solid waste, police, and community services functions of the city. At Site Plan Review Committee meetings with applicants, the Committee shall be represented by the planning, engineering, and building representatives, or their designees. In addition, the Community Development Director, or his/her designee, may request input from, or attendance by, additional representatives of any other city department or public agency, subject to City Council policies.

(B) Powers and duties. The Site Plan Review Committee shall review and either i) approve; ii) conditionally approve; or iii) deny, any site plan permit application submitted for a development that requires a site plan permit, pursuant to applicable city codes and ordinances.

(Ord. 2025-01, passed 1-7-2025)

§ 10.72.060 Administration of site plan approval.

Any project listed in § 10.72.020, by which the area of an existing building or lot is being expanded by less than 25%, may be processed administratively by the Community Development Director. Within ten days of approving a site plan, the Community Development Director shall prepare an administrative agreement, consistent with administrative approval, which shall include and record the decision of the Director and any conditions of approval. This agreement shall be signed by the applicant and the Director prior to the issuance of a building permit. The Director's decision shall be final unless appealed to the Planning Commission, consistent with the requirements contained in Chapter 10.70.

(Ord. 2025-01, passed 1-7-2025)

§ 10.72.070 Action of the Site Plan Review Committee.

(A) Within 30 working days after submission, the Site Plan Review Committee shall either i) approve; ii) conditionally approve; or iii) disapprove the proposed site plan pursuant to the purpose, objectives, and requirements of this chapter. In approving the site plan, the Site Plan Review Committee shall make the following specific findings: (1) That all applicable provisions of the Municipal Code, General Plan, and applicable state law have been complied with.

(2) That the following elements are designed to conform to the applicable statutes, ordinances, regulations, and other fixed standards, including, the City's General Plan, Municipal Code, and policies and improvement standards of the city and the state:

  • (a) Facilities, improvements, and utilities.

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

  • (c) Setbacks.

  • (d) Location of service use areas.

  • (e) Walls.

  • (f) Landscaping.

(B) In making the required findings, the Site Plan Review Committee shall ensure a project is consistent with established policies and regulations relating to public improvements, as approved and adopted by the City Council, including necessary dedications and traffic safety measures or improvements. The Site Plan Review Committee shall not, through the site plan review process, possess independent authority to create and impose discretionary conditions on a project.

(C) Upon completion of site plan review, Community Development Department staff shall notify the applicant of the approval, conditions of approval, or denial, along with a copy of any final and approved site plan. (Ord. 2025-01, passed 1-7-2025)

§ 10.72.080 Appeals to the Planning Commission.

The applicant, or any interested person, may appeal the decision of the Site Plan Review Committee to the Planning Commission, in writing setting forth the reason for such appeal to the Commission. Such appeal shall be filed with the Community Development Director within ten calendar days after notification of the decision from which the appeal is made. The appeal shall be placed on the agenda for the Commission's next regular meeting. If the appeal is filed within five calendar days of the next regular meeting of the Commission, the appeal shall be placed on the agenda for the Commission's second regular meeting following the filing of the appeal. The Commission shall review the site plan and shall approve, approve with conditions, or disapprove, based on the factors set forth in § 10.72.070. The decision of the Commission shall be final unless appealed to the City Council pursuant to Chapter 10.70. (Ord. 2025-01, passed 1-7-2025)

§ 10.72.090 Site plan permit issuance.

After the final site plan has been approved, the Community Development Department staff shall grant the applicant permission to "proceed" or "revise and proceed" for application of required preliminary permits. If there are no preliminary permits or approvals required at this time, building permits also may be issued. No permits may be issued for the erection or enlargement of any building or structure, and no persons shall perform, or engage in, any development or construction activities on the site unless and until all provisions of this chapter have been complied with.

(Ord. 2025-01, passed 1-7-2025)

§ 10.72.100 Required improvements.

(A) The Site Plan Review Committee shall be required to make a finding that the Project includes the construction of any and all improvements required under the applicable statutes, ordinances, regulations, and other fixed standards, including, the City's General Plan, Municipal Code, and policies and improvement standards of the city and the state. (B) All improvements shall be to city standards existing at the time the site plan is approved and shall be installed simultaneously with the approved development. Where it is found by the Community Development Director that it is impractical to install any or all improvements simultaneously with the approved development, a written agreement to make such improvements by an identified future date may be accepted in lieu thereof. The terms of any such agreement shall be in conformity with applicable statutes, ordinances, regulations, and other fixed standards, including, the City's General Plan, Municipal Code, and policies and improvement standards of the city and the state. (C) Without regard to the timing of the improvements, the applicant shall enter into a written agreement with the city identifying all improvements to be made and memorializing the city's and applicant's understanding and agreement, rights, and responsibilities, relating to said improvements before any building permit may be issued. (Ord. 2025-01, passed 1-7-2025)

§ 10.72.110 Building permit.

Prior to issuance of a building permit for any structure or building for which a site plan has been approved, the Community Development Director, or his/her designee, shall make a finding that any required dedications have been recorded and that the applicant has provided appropriate improvement security (e.g., bond, cash deposit or instrument of credit) to cover the reasonable cost of all proposed off-site improvements. (Ord. 2025-01, passed 1-7-2025)

§ 10.72.120 Lapse of site plan review approval.

(A) A site plan review approval shall lapse and become void three years after the date on which it became effective unless (1) the permit's conditions provide for a shorter or greater time limit; or (2) prior to the expiration of the three years, a building permit is issued by the city, construction is commenced, and completion of construction is being diligently pursued, as determined by the Community Development Department Director, or his/her designee.

(B) An extension of time, up to two additional years, may be granted by the Planning Commission, provided that, prior to the expiration date, a written application for renewal is filed with the Community Development Department. An application of renewal shall identify the reason for any delay in the development of the site, the applicant's plan and estimated timeline to completion of the development if renewal is granted, and the number of months/years of extension requested.

(C) The Planning Commission may approve, approve with conditions, or deny any application for renewal of a site plan review. The Planning Commission shall only have the ability to condition the granting of a renewal based on the timeline of the project. In the case of a planned residential development, the recording of a final map and improvements thereto shall be deemed the same as a building permit in relation to this section. (Ord. 2025-01, passed 1-7-2025)

§ 10.72.130 Revocation.

Where the city finds that site use, operating under an approved site plan, does not comply with the site plan conditions identified at the time of approval, operation of the non-complying use shall be suspended consistent with the procedures outlined in § 10.02.120, Enforcement.

(Ord. 2025-01, passed 1-7-2025)

§ 10.72.140 Site plan to run with the land.

An approved site plan shall run with the land and shall continue to be valid upon change of ownership of the use, property, or building.

(Ord. 2025-01, passed 1-7-2025)