Chapter 17.80
SITE PLAN REVIEW PERMIT
Sections:
17.80.030 Building permit required.
17.80.040 Application filing and contents.
17.80.050 Findings and decision.
17.80.070 Site plan approval acceptance agreement.
17.80.010 Purpose.
The purpose of the site plan review permit is to provide a process that enables the director to make necessary findings that are in conformity with the city’s general plan, applicable specific plan, municipal code and other applicable plans, standards, and policies, as determined by the development review committee, the director or when deemed necessary and desirable, by the commission. More specifically, a site plan review permit is necessary to enable the director, other city officials, and public agencies to ensure the following:
A. The proposed development is in conformance with the general plan, zoning code, building code, and any other applicable municipal code standards;
B. New, expanded, or changed uses of property are regulated to ensure that the structures, parking areas, walks, landscaping, infrastructure improvements, street improvements, and other forms of development are properly related to the proposed sites and surrounding sites and structures;
C. Prevent adverse impacts, unsightly, or hazardous site development for adjacent properties;
D. Encourage quality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community; and
E. Provide expeditious review of environmental impact assessments as may be required by official policy of the city;
F. The director will be responsible for the coordination of the site plan review permit process with input from the development review committee. It is the intent that the site plan review permit process be implemented with a cooperative spirit between project proponents and the city. Further, it is recognized that the size or nature of a project may necessitate a meeting of the project proponent, affected city department representatives, and applicable review agencies to review the proposal. (Ord. 24-01 §2(Exh. A-1)).
17.80.020 Applicability.
A. The provisions of this chapter shall apply to the following activities within the jurisdiction of the city:
1. Any person applying for a building permit for a multi-unit dwelling; commercial, office, industrial or quasi-public building; mobile home or recreational vehicle park; public building; place of assembly; placement of or other new construction not specifically exempted by this chapter.
2. All expansions of an existing structure that increase the square footage or size of a structure by thirty percent or more, not specifically exempted by this chapter.
B. The provisions of this chapter shall not be applicable to the following activities:
1. The construction, expansion, alteration, or refurbishment of a detached single-unit dwelling upon an R-1 zone district property, to include improvements such as pools, walkways, decks, fences, patio covers, accessory structures, and landscaping.
2. Any alteration or improvement of a structure, except for changes in building occupancy classification that result in an intensification to a site or site modification.
3. Any new construction, or alteration or expansion of a site, occurring within a combined zone district consistent with an approved development plan, unless otherwise required. (Ord. 24-01 §2(Exh. A-1)).
17.80.030 Building permit required.
A. Before a building permit is issued for any building or structure that is subject to site plan review, the director shall determine that the proposed structure conforms with the approved site plan.
B. The city engineer shall determine that all required dedications have been recorded; a letter has been furnished by the applicant from all appropriate utilities that all necessary utilities will be installed in compliance with the city standards; and all off-site improvements (within the city right-of-way) have provided appropriate improvement security, such as a bond, cash deposit or instrument of credit.
C. Before a certificate of occupancy is issued, the building official shall determine if all the applicable conditions of the site plan approval have been complied with. (Ord. 24-01 §2(Exh. A-1)).
17.80.040 Application filing and contents.
The applicant shall submit sets of prints of the site plan to the planning division, in the amount and format as deemed necessary by the director. The site plan shall be drawn to scale and shall be accompanied by a completed site plan application form. The site plan shall indicate the following information:
A. Location of the proposed project;
B. Parcel dimensions;
C. A site plan, drawn to scale, showing the dimensions of the perimeter of the location, area, and proposed use of all structures;
D. Architectural elevations of each side of the proposed structure(s) showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch;
E. A colors and materials board of all structures, walls, and fences;
F. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown;
G. Fully dimensioned setbacks and space between structures;
H. Off-street parking and loading, including the location, number of spaces, dimensions of the parking area, and the internal circulation pattern;
I. Pedestrian, vehicular, and service vehicle access; points of ingress and egress;
J. Signs; location, size, and height;
K. Exterior lighting indicating the direction of illumination, type of luminaire, and hooding or shielding devices;
L. Street dedications and improvements;
M. Preliminary drainage plan including direction of natural drainage courses and drainage improvements;
N. Preliminary landscaping plan;
O. Fire protection equipment and improvements as required by the fire department;
P. Other data may be required by other sections of this title or as necessary to permit the director to make the required findings. (Ord. 24-01 §2(Exh. A-1)).
17.80.050 Findings and decision.
A. Within thirty days after the first submittal for a site plan review permit, the director shall determine whether the application submittal is complete or incomplete. The applicant shall be noticed in writing of the completeness determination of the site plan review submittal.
B. An application for a site plan review permit which requires an environmental determination other than a categorical exemption or is processed concurrent with another discretionary entitlement shall be considered and approved by the commission.
C. When, in the opinion of the director, the site plan review permit application submitted is of significant consequence or magnitude or involves potential public controversy, the director may refer said application to the commission for review and action.
D. Applications for site plan review permit which do not require action by the commission may be processed and approved by the director. The director shall disperse plans to affected city departments and agencies and coordinate the review process.
E. The director shall approve, approve with conditions, or deny the site plan based on compliance with the requirements of this section. In approving the site plan review permit, the director shall find that:
1. The proposed development complies with the general plan, zoning code, and other applicable provisions of the Kerman Municipal Code;
2. New, expanded, or changed uses of property are arranged to ensure that the structures, parking areas, walks, landscaping, infrastructure improvements, street improvements, and other forms of development will not create an adverse effect on surrounding structures or properties;
3. The proposed development prevents adverse impacts, unsightly, or hazardous site development for adjacent properties;
4. The proposed signs will not by size, location, or lighting interfere with traffic or limit visibility;
5. The proposed development incorporates quality site design elements in a manner which will enhance the physical appearance and attractiveness of the community;
6. Certain conditions of approval are deemed necessary to protect the public health, safety and welfare of those working or living on or adjoining the proposed project; and
7. Provide expeditious review of environmental impact assessments as may be required by official policy of the city.
F. Notification to the applicant of approval, conditional approval, or disapproval of the application shall be provided in writing to the applicant and property owner. The director’s decision shall be final unless appealed to the commission in compliance with the procedures outlined in Chapter 17.114 (Appeals). The director shall prepare a site plan review permit agreement that outlines the conditions of the site plan review permit. This agreement shall be signed and dated by the applicant, and property owner, and returned to the division. A copy will be furnished to the applicant and one copy filed with the building division. (Ord. 24-01 §2(Exh. A-1)).
17.80.060 Appeals.
A. The applicant may appeal the director’s decision to the commission in compliance with the procedure outlined in Chapter 17.114 (Appeals).
B. The applicant may appeal the commission’s decision to the city council in compliance with the procedure outlined in Chapter 17.114 (Appeals). The decision of the city council shall be final. (Ord. 24-01 §2(Exh. A-1)).
17.80.070 Site plan approval acceptance agreement.
A. The city shall cause any person having a legal or equitable interest in real property located in the city to enter into a site plan approval acceptance agreement. The procedures and requirements to enter into this approval acceptance agreement are contained in this chapter.
B. The conditions of a site plan approval acceptance agreement shall relate to the policies, standards, and improvement requirements of the city.
C. No later than ten days after receipt of the approved or conditional approval of a site plan and prior to applications for a building permit, the applicant and property owner shall execute an acknowledgment and acceptance of the terms and conditions of the site plan agreement with the city certifying such acceptance and agreement to be bound thereby. The burdens of this agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
D. The site plan approval acceptance agreement shall be void twelve months following the date on which approval became effective unless, prior to the expiration of one year, 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 twelve-month periods of time, upon written application to the director before expiration of the approval.
E. The site plan approval acceptance agreement may be modified upon submittal of an application for modification of a site plan review permit. The director shall administratively determine whether to approve, conditionally approve or deny said application for a modification. When the site plan review permit was approved as part of another discretionary permit, the original approving authority shall review and determine to approve, approve with conditions, or deny said modification.
F. A site plan approval acceptance agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new regulations or policies which do not conflict with those regulations or policies to the property as contained in the agreement. (Ord. 24-01 §2(Exh. A-1)).