Chapter 17.14
SITE PLAN REVIEW PERMITS

Sections:

17.14.010  Purpose.

17.14.020  Who shall apply.

17.14.030  Site plan review application.

17.14.040  Action by the city planner.

17.14.050  City planner decision.

17.14.060  Appeal to the planning commission.

17.14.070  Appeal to the city council.

17.14.080  Building permit.

17.14.090  Site plan agreement.

17.14.010 Purpose.

The purpose of the site plan review permit process is to enable the city planner and other city officials and public agencies to insure the following:  the proposed development is in conformance with the standards of the zone district and policies of the Kerman general plan; appropriate infrastructural improvements are provided; adverse impacts to adjacent properties are prevented; unique natural resources and vistas are protected; and, visually appealing developments are encouraged which enhance the appearance of the neighborhood and community.  (Ord. 90-02 §2(part), 1990).

17.14.020 Who shall apply.

Any person applying for a building permit for a multiple-family dwelling; commercial, office, industrial or quasi-public building; mobile home or recreational vehicle park; public building; church; or a building permit which increases the square footage, size, or units of any of the aforementioned uses by fifty percent or more shall secure a site plan review permit.  Single-family dwellings and any use requiring a conditional use permit shall be exempt from the provisions of this chapter.  (Ord. 90-02 §2(part), 1990).

17.14.030 Site plan review application.

The applicant shall submit ten prints of the site plan to the planning department.  The site plan shall be drawn to scale and shall be accompanied by a completed site plan application form.  The site plan shall clearly indicate the following information:

A. Location of the proposed project;

B. Lot dimensions;

C. The location, area, and proposed use of all buildings and structures;

D. Front elevation drawings of all buildings and structures;

E. Yards and space between buildings;

F. Location, height and construction materials of all walls and fences;

G. Off-street parking and loading, including the location, number of spaces, dimensions of the parking area, and the internal circulation pattern;

H. Pedestrian, vehicular, and service vehicle access; points of ingress and egress;

I. Signs; location, size, and height;

J. Exterior lighting indicating direction of illumination, type of luminaire, and hooding or shielding devices;

K. Street dedications and improvements;

L. Preliminary drainage plan including direction of natural drainage courses and drainage improvements;

M. Preliminary landscaping plan;

N. Fire protection equipment and improvements;

O. Such other data as may be required by other sections of this title or as necessary to permit the planning director to make the required findings.  (Ord. 90-02 §2(part), 1990).

17.14.040 Action by the city planner.

Within fifteen days after the submission of a completed site plan application, the city planner shall approve, approve with conditions or deny the site plan.  In approving the site plan, the city planner shall find that:

A. All applicable codes, ordinances and development standards are complied with;

B. The following, are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect on surrounding property:

1. Facilities, improvements and utilities,

2. Vehicular ingress, egress and internal circulation,

3. Setbacks,

4. Height of buildings,

5. Location of service use areas,

6. Fences, walls, and hedges, and

7. Landscaping and irrigation;

C. The proposed lighting is so arranged as to deflect the light away from adjoining properties;

D. The proposed signs will not by size, location, or lighting interfere with traffic or limit visibility;

E. That certain conditions of approval are deemed necessary to protect the public health, safety and welfare.  Conditions may include requirements involving the following:

1. Yards, spaces, and buffers,

2. Fences and walls,

3. Enclosure of storage areas and limitation on out-of-door display of merchandise,

4. Grading, surfacing and drainage improvements,

5. Vehicular ingress and egress,

6. Regulation of signs,

7. Landscaping, irrigation and maintenance thereof,

8. Fire prevention equipment and measures,

9. Regulation of noise, vibration, odors, electrical discharge or interference,

10. Regulation of lighting,

11. Street dedication and improvements,

12. Such other conditions as could make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.  (Ord. 90-02 §2(part), 1990).

17.14.050 City planner decision.

The decision of the city planner shall be final unless appealed to the planning commission in accordance with the procedures outlined in Chapter 17.22.  The city planner shall prepare a site plan agreement which outlines the conditions of the site plan permit.  This agreement shall be signed by the city planner and the applicant, and recorded with the county recorder, prior to the issuance of a building permit for the project.  (Ord. 90-02 §2(part), 1990).

17.14.060 Appeal to the planning commission.

The applicant or any person may appeal the city planner’s decision to the planning commission in accordance with the procedure outlined in Chapter 17.22.  (Ord. 90-02 §2(part), 1990).

17.14.070 Appeal to the city council.

The applicant may appeal the planning commission’s decision to the city council in accordance with the procedure outlined in Chapter 17.22.  The decision of the city council shall be final.  (Ord. 90-02 §2(part), 1990).

17.14.080 Building permit.

A. Before a building permit is issued for any building or structure that is subject to site plan review, the building official shall determine that the proposed building is in conformity with the approved site plan.  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 as per 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.

B. Before a certificate of occupancy is issued, the building inspector shall determine if all the applicable conditions of the site plan agreement have been complied with.  (Ord. 90-02 §2(part), 1990).

17.14.090 Site plan agreement.

A. The city may enter into a site plan agreement with any person having a legal or equitable interest in real property located in the city.  The procedures and requirements to enter into this agreement are set forth in this chapter.

B. The conditions of a site plan agreement shall relate to the policies, standards, and improvement requirements of the city.

C. The site plan may be modified or revoked in accordance with Chapter 17.24.

D. No later than ten days after the city enters into a site plan agreement, the city clerk shall record with the county recorder a copy of the agreement.  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.

E. A site plan 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 set forth in said agreement.  (Ord. 90-02 §2(part), 1990).