Chapter 9.58
SITE PLAN REVIEW*
Sections:
9.58.020 Type 1 site plan review.
9.58.030 Type 2 site plan review.
9.58.040 Type 3 site plan review.
9.58.050 Variances and conditional use permits not subject to site plan review.
* Prior legislation: Ords. 806 and 813.
9.58.010 Intent and purpose.
A. Site plan review is required for new construction projects in order to provide visual and factual documentation to determine compliance with the requirements of BGMC Title 9, Zoning and Planning Regulations. Site plan review establishes the physical layout, design or use of a lot or parcel of land, buildings or structures and contains information sufficient to substantiate and corroborate facts and testimony vital to the administration of this title.
B. Site plan review is required for the following types of projects:
1. New development.
2. Building additions.
3. Changes in building occupancy type.
4. Interior tenant improvements.
5. Parking modifications.
6. Equipment installations.
7. Exterior building modifications to nonresidential or multifamily residential uses.
8. Addition of substructures (swimming pools, spas, fences, signs, etc.).
9. Any other type of development/construction that the director determines to pose a potential impact on the community. (Ord. 893 § 9, 2020).
9.58.020 Type 1 site plan review.
A. SPR (Type 1). A Type 1 site plan review is required for projects considered small in scale and may be approved after a ministerial review by the director. Examples of projects requiring an SPR Type 1 are as follows:
1. Residential patio covers/porches under 150 square feet;
2. Fences and walls;
3. Sheds or storage units of 121 square feet or more (or cumulatively adding up to more than 121 square feet when more than one structure).
4. Installation of outdoor mechanical equipment; and
5. Other similar projects determined by the director to be of similar size and scope as those listed above.
B. Application and Review.
1. The application shall consist of the submittal of plans in a form and number determined appropriate by the director, appropriate filing fees and any additional supporting documentation deemed necessary by the director.
2. The director shall notify the applicant of the action taken on a site plan review. Said notification of action taken shall be made in writing by first class mail or by email.
C. Appeal. The action of the director on a Type 1 site plan review may be appealed to the planning commission. All appeals shall be filed and reviewed per the provisions of Chapter 9.60 BGMC, Appeals.
D. Expiration. A Type 1 SPR approval, and all rights thereunder, shall terminate and become null and void within 12 months of the effective date of the approval by the director or planning commission under appeal unless action is taken to secure building permits and maintain active building permits with the building division beginning with the submittal of the plans for plan check review. The director may consider extending the expiration date of any Type 1 SPR for a period not to exceed 12 months, provided an application requesting the extension is submitted to the director prior to the expiration date. (Ord. 893 § 9, 2020).
9.58.030 Type 2 site plan review.
A. SPR (Type 2). A Type 2 site plan review is required for projects considered midsize in scale and may be approved after a ministerial review by the director. Examples of projects requiring an SPR Type 2 are as follows:
1. Residential patio covers over 150 square feet;
2. Residential building expansions and modifications including but not limited to room additions or construction or modification of accessory structures;
3. Construction of pools, spas and other permitted recreational facilities.
4. Creation of four or less new units (condominium units of any number are subject to approval of a conditional use permit per BGMC 9.20.140, Residential condominiums – Conditional use);
5. Commercial/industrial construction projects as follows:
a. Additions equivalent to 50 percent or less to buildings with less than 1,000 square feet of existing gross floor area;
b. Additions equivalent to less than 25 percent to buildings with 1,000 to 10,000 square feet of existing gross floor area;
c. Additions equivalent to less than 15 percent to buildings with more than 10,000 square feet of existing gross floor area;
6. Parking lot reconfiguration or a new parking lot;
7. Installation of new signs;
8. Interior tenant improvements;
9. Exterior modifications to commercial/industrial structures; and
10. Other projects the director determines to be of similar size and scope as those listed above.
B. Application and Review.
1. A project application for a Type 2 SPR shall require submittal of the following:
a. Project plans per BGMC 9.58.040(C) and (D).
b. Additional information, forms and/or documents as are necessary to determine compliance with the provisions of this title or any conditions that the director may require in granting an approval of a Type 2 SPR.
2. The director, acting upon any site plan offered for review as provided in this title, shall either approve or deny the proposed use, development, or modification as requested in the required site plan review.
3. The director shall notify the applicant of the action taken on a site plan review. Said notification of action taken shall be made in writing by first class mail or email by the director.
C. Appeal. The action of the director on a Type 2 site plan review may be appealed to the planning commission. All appeals shall be filed and reviewed per the provisions of Chapter 9.60 BGMC, Appeals.
D. Expiration. A Type 2 SPR approval, and all rights thereunder, shall terminate and become null and void within 12 months of the effective date of the approval by the director or planning commission under appeal unless action is taken to secure building permits and maintain active building permits with the building division beginning with the submittal of the plans for plan check review. The director may consider extending the expiration date of any Type 2 SPR for a period not to exceed 12 months, provided an application requesting the extension is submitted to the director prior to the expiration date. (Ord. 893 § 9, 2020).
9.58.040 Type 3 site plan review.
A. SPR (Type 3). A Type 3 site plan review is subject to discretionary review by the planning commission. A Type 3 site plan review is required for the following types of projects:
1. Creation of five or more new residential dwelling units (condominium units are subject to approval of a conditional use permit per BGMC 9.20.140, Residential condominiums – Conditional use.
2. Commercial/industrial construction as follows:
a. Construction of new commercial/industrial buildings and associated parking.
b. Additions of more than 50 percent to buildings with less than 1,000 square feet of existing gross floor area.
c. Additions of more than 25 percent to buildings with 1,000 to 10,000 square feet of existing gross floor area.
d. Additions of more than 15 percent to buildings with more than 10,000 square feet of existing gross floor area.
3. Proposals for uses described in Division 3 of this title, Special Uses, provided the use does not already require planning commission review under a conditional use permit; and
4. Other projects director determines to be similar in size and scope to those listed above.
B. Application and Review. Submittal of a site plan application is required for any use, development of land, structure, or building for which a Type 3 site plan review is required.
C. Contents of Application for Site Plan Review. An application for any Type 3 site plan review shall contain the following information:
1. Name and address of the applicant and of all persons owning any or all of the subject property.
2. Evidence that the applicant:
a. Is the owner of the premises involved; or
b. Has written permission of owner or owners to make such application; or
c. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof; or
d. In the case of a public agency, is negotiating to acquire a portion of the premises involved.
3. Location of subject property (address or vicinity).
4. Legal description of property.
5. Proposed facility or use.
6. The use, location and size of all buildings and structures, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features.
7. Any other supplemental information or material as determined by the director to be necessary for the review of the application.
D. Required Content of Plans. All site plan review proposals shall include plans containing the following:
1. Fully dimensioned plot plan, floor plan, and full elevations drawn to scale with the following information:
a. All property lines and dimensions.
b. Outline of all existing and proposed structures on the site including details of the proposed and existing exterior building and site features.
c. Location of all streets, alleys, and driveways.
d. Location of existing electrical meter, electric line, and power pole.
e. Distinction between landscaping and pavement.
f. Property address.
g. Name and telephone of applicant and/or property owner.
h. North arrow and scale.
i. Square footage and use of each area within a structure.
j. Roof plan for all structures on the site.
k. Architectural materials proposed including, but not limited to, exterior walls, roofs, windows, doors, trims, and any exterior architectural design features.
2. Any other supplemental information or material as determined by the director to be necessary for the review of the application, including but not limited to a color and material sample board for the project, a master wall and fence plan, a landscape and irrigation plan, and a lighting plan.
E. Basis for Approval of Type 3 Site Plan Review. Approval or disapproval of any Type 3 site plan review shall be based upon the following findings:
1. That every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title.
2. That every use, development of land, and application of development standards shall be considered on the basis of the suitability of this site for the particular use or development intended.
3. That the total development, including the application of prescribed development standards, shall be so arranged as to avoid traffic congestion, ensure the protection of public health, safety and general welfare, and prevent adverse effects on neighboring property and shall be in general accord with all elements of the general plan.
4. That every use, development of land and application of development standards shall be considered on the basis of suitable and functional development design, but it is not intended that such approval be interpreted to require a particular style or type of architecture.
F. Action upon Type 3 Site Plan Review. The planning commission, acting upon any Type 3 site plan review, shall either:
1. Approve;
2. Approve with conditions; or
3. Deny the proposed use, development, or modification as requested in the application and as indicated in the required site plan.
G. Notice of Action Taken on a Site Plan.
1. The planning commission shall notify the applicant requesting approval of a Type 3 site plan review of the action taken on the application.
2. Said notification of action taken shall be made in writing by first class mail, postage prepaid, or by email.
H. Appeal. Appeal of any action taken on a Type 3 site plan review by the planning commission may be appealed to the city council. Such appeal shall be filed within 15 days following notification and reviewed per the provisions of Chapter 9.60 BGMC, Appeals. The decision of the city council shall be final.
I. Expiration. A Type 3 SPR approval and all rights thereunder shall terminate and become null and void within 12 months of the effective date of the approval by the planning commission or city council under appeal unless otherwise conditioned and/or unless action is taken to secure building permits and maintain active building permits with the building division beginning with the submittal of the plans for plan check review. The planning commission may consider extending the expiration date of any Type 3 SPR for a period not to exceed 12 months, provided an application requesting the extension is submitted to the director prior to the expiration date. (Ord. 893 § 9, 2020).
9.58.050 Variances and conditional use permits not subject to site plan review.
Where a site plan is required as part of an application for a variance or conditional use permit or zone change application, as provided in Chapters 9.50 and 9.52 BGMC, said site plan shall be considered a part of said application and shall not require separate approval under the provisions of this chapter. (Ord. 893 § 9, 2020).