Chapter 11.41
SITE PLANS

Sections:

11.41.010    Intent.

11.41.020    Criteria for approval.

11.41.030    Latitude of regulations.

11.41.040    Application.

11.41.050    Preliminary site plan.

11.41.060    Site plan--Requirements.

11.41.070    Commission action.

11.41.075    Effective date of order granting or denying site plan approval--Time for filing appeal of planning commission’s decision.

11.41.080    Site plan--Procedures.

11.41.090    Site plan--Approval.

11.41.100    Commission hearing set.

11.41.110    Commission hearing notice--Publication--Mailing.

11.41.120    Commission hearing--Findings.

11.41.130    Council hearing set--Action.

11.41.140    Adoption of site plan.

11.41.145    Expiration of site plan.

11.41.150    Council hearing notice--Publication--Mailing.

11.41.160    Council decision announcement.

11.41.170    Council decision final.

11.41.180    Council notice of decision.

11.41.010 Intent.

These regulations permit a flexible method whereby a compatible mixture of all types of uses can be developed within the intent of the general plan, zoning regulations and on certain lands where such developments are desirable and appear likely to occur. These regulations are designed to permit the flexibility that will encourage more creative design, placement of buildings, conserve open space, improve vehicular circulation, off-street parking facilities and utilize best the potentials of the site characterized by special or unusual features of geography, topography, size or shape, and to mitigate all potentially incompatible activities. To comply with the intent of this requirement, all parcels of land fifteen thousand square feet or larger, or where two or more parcels are proposed to be consolidated for the development of a single project, shall be developed only with an approved site plan. Principal uses are, therefore, restricted to uses which conform to the character of the district in which they are developed and certain essential and complementary uses as permitted under the conditional use permit which will insure the protection of the character of the district.

(Ord. 1598 § 1, 4-23-84: Ord. 1403 § 2 (part), 4-23-79)

11.41.020 Criteria for approval.

(1)    The site for the proposal is in conformity with the general plan, is adequate in size and shape to accommodate such use, provides all yards, wall fences, parking and loading areas, landscaping, open spaces and other facilities necessary to make the proposal compatible with the abutting land and uses within the community;

(2)    The site for the proposal has adequate access to a public street or highway designed to carry the volume and quantity of traffic movements generated by the proposal;

(3)    The proposal will mitigate potential adverse effects on the abutting land or uses and the community;

(4)    The conditions as stated by the commission are deemed necessary to protect the public health, safety and general welfare, and such conditions may include but not be limited to the following:

(a)    Additional yard areas, open spaces and buffer areas,

(b)    Fences, walls, landscaping and the maintenance thereof,

(c)    Dedication and improvements of streets, alleys and service roads,

(d)    Control of all signs,

(e)    Regulations controlling noise, smoke, vibration, dust, fumes, odor, and other nuisances,

(f)    Such other conditions the commission may deem necessary to develop the city in an orderly and efficient method and in conformance with the intent and purpose set forth in this title and general plan.

(Ord. 1403 § 2 (part), 4-23-79)

11.41.030 Latitude of regulations.

There shall be no specific regulations governing lot area, lot frontage and widths, lot coverage, yards, building heights, and densities, except as specified in this chapter. A site plan, in case of a residential development, may provide for a greater number of dwelling units than would be permitted by the zone or district otherwise applicable to the property; therefore, if the density exceeds the permitted range enumerated, the commission shall show:

(1)    Such excess will not have adverse impact on existing or proposed projects;

(2)    The development will not have adverse or detrimental effects on the surrounding or abutting properties. Should the proposed development show definite impact on existing or projected public facilities, i.e., water, sewer and flood control lines, streets, sidewalks, and gutters, etc., the commission shall require the applicant to provide the required public facilities to serve the development.

In its determination to permit a landowner to exceed the density of a particular zone or district, the commission should recognize that the increased density may be compensated for by additional private or public facilities and by the increase of efficiency of such facilities. The commission should also consider the physical characteristics of the proposed development as it may make an increase in density appropriate in particular locations.

A site plan shall be required for all developments or parcels fifteen thousand square feet in area or larger, or where two or more parcels are proposed to be consolidated for the development of a single project. This shall insure the compatibility of future development in the city. The city planning commission may waive this requirement if they find that the development would not require this process to insure compatibility.

(Ord. 1598 § 2, 4-23-84: Ord. 1403 § 2 (part), 4-23-79)

11.41.040 Application.

An application to establish a site plan shall be filed by the landowner or his authorized representative together with or prior to the filing of a site plan on forms provided by the city’s department of community development. Each application shall be accompanied by the following:

(1)    (Deleted by Ord. 1477 § 2, 5-26-81).

(2)    Thirty prints and a reproducible print of all drawings necessary to constitute a preliminary site plan as enumerated in Section 11.41.060.

(3)    Twelve copies of all written or other pertinent information not readily identifiable in plan form.

(Ord. 1477 § 2, 5-26-81; Ord. 1403 § 2 (part), 4-23-79)

11.41.050 Preliminary site plan.

The landowner or his authorized representative shall submit to the secretary of the planning commission his initial proposal while such plans are in the preliminary stage and the other elements of the proposal are flexible. The purpose at this stage is to make available general advice on the proposal prior to the preparation of the final site plan as to compliance with the requirements of this chapter, the general plan, zoning, and other regulations which pertain to the project.

(Ord. 1403 § 2 (part), 4-23-79)

11.41.060 Site plan--Requirements.

The site plan shall provide the following:

(1)    All requirements necessary to change the zone whenever required;

(2)    All architectural and engineering drawings shall be on sheets twenty-four inches by thirty-six inches;

(3)    A tentative subdivision map, when required, prepared in accordance with the provisions of Title 12 of this code;

(4)    A site plan of the subject property boundaries and an exact legal description of the land proposed for development;

(5)    Names, dimension and centerlines of all streets and alleys;

(6)    A plan showing in general the location of all proposed uses, such as buildings, structures, parking areas, open areas, recreational areas, vehicular and pedestrian circulation, streets, driveways, utility easements, etc.;

(7)    If a residential development, number, type of dwelling units proposed with a tabulation of the estimated population density of the project;

(8)    Tabulation of the number of proposed off-street parking areas and showing the ingress-egress points in general with relationship to proposed and existing streets;

(9)    Building plans of all proposed uses. including typical sections;

(10)    Tentative landscaping plans showing the general location of proposed landscaping, walls, fences, method of irrigation, etc.;

(11)    Tentative plans of proposed on-site grading and method of drainage;

(12)    Plan indicating the general location, grade, width and type of improvements of all proposed on-site vehicular and pedestrian circulation and all surface parking areas;

(13)    Plan indicating the general location, type and method of providing easements for all public utilities which serve the development;

(14)    In addition, the preliminary site plan shall be accompanied by:

(a)    General statement indicating the method of phasing of the development, if any,

(b)    If necessary, a statement of the provisions for ultimate ownership of all parts of the development including buildings, structures, open spaces, recreational areas, parking areas, common property and a general plan for care and maintenance of the same,

(c)    Any additional information or drawings as may be required by the department of community development and/or the planning commission prior to the approval of the preliminary site plan.

(Ord. 1403 § 2 (part), 1979)

11.41.070 Commission action.

(A)    No Rezoning-type Activity Involved in Approval of Site Plan. If the following conditions are met:

(1)    The proposed site plan does not involve substantial variations from the zoning standards of development which would govern the subject parcel of property in the absence of the site plan; and

(2)    The subject parcel of property involves four or fewer parcels of property separately identifiable as such on the Los Angeles County Assessor’s records; and

(3)    In the absence of the site plan process, the utilization or the property as proposed in the site plan would otherwise require no variance or would require the issuance of a variance that the city planning commission is empowered, by this code, to issue;

Then, the city planning commission shall have the authority to approve, modify or disapprove the site plan without city council action (except in the event of an appeal), subject to the following condition being met: If, in the absence of the site plan process, the utilization of the property as proposed in the site plan would otherwise require the issuance of a variance, then the city planning commission’s approval of the site plan must be accompanied by the required showings for a variance as set forth in Section 11.38.030.

For the purposes of this section, the phrase, "zoning standards of development" shall include those standards defined in Title 11 (Zoning) of the Municipal Code for a particular designated zone such as, for example only, R-1, C-2 or M-3, which operate:

(a)    To regulate the use of buildings, structures and land as between industry, business, residents, open space, including agriculture, recreation, enjoyment of scenic beauty and use of natural resources, and other purposes; or

(b)    Regulate signs and billboards; or

(c)    Regulate location, height, bulk, number of stories and size of buildings and structures; or

(d)    Regulate the size and use of lots, yards, courts and other open spaces; or

(e)    Regulate the percentage of a lot which may be occupied by a building or structure;

(f)    Regulate the intensity of land use; or

(g)    Sets the requirements of off-street parking and loading;

(h)    Sets building setback lines.

For the purposes of this section, a "substantial variation from the zoning standards of development" shall mean, in the context of this section, that the site plan that is proposed for approval provides for the development of a subject parcel in a manner that (1) contains variations of four or more of the aforementioned standards established for the zone in which the property is located regardless of the degree by which each standard is exceeded; or (2) for each standard aforementioned that is quantified by Title 11 (Zoning), contains a variation of more than fifteen percent of the quantified standard.

(B)    Procedure for City Planning Commission Approval. If the city planning commission approves the site plan under the authority granted to it under subsection (A), above, the following procedures shall apply:

1.    The city planning commission shall announce its decision at a public meeting at or following the public hearing on the proposed site plan.

2.    The secretary of the city planning commission shall mail "Notice of City Planning Commission Action" to the applicant and to each member of the city council then vested in office.

(C)    Rezoning Activity. Unless the city planning commission is vested with the authority to approve the site plan by virtue of subsection (A) above, the city planning commission shall, at the public meeting in which the public hearing is concluded, or soon thereafter as is practical, either:

1.    Recommend the site plan to the city council for approval as proposed; or

2.    Make such modifications as they deem appropriate by adding or deleting any conditions or requirements as they deem necessary to protect the public health, safety and general welfare of the community, and as so modified recommend the site plan to the city council as modified; or

(3)    Recommend the site plan to the city council for rejection.

(D)    Procedure Following Recommendation of the City Planning Commission. If the site plan is not one that may be approved by the city planning commission under the authority of subsection (A) above, but instead requires approval by the city council, the secretary of the city planning commission shall forward the recommendation of the city planning commission to the city council no later than the second city council meeting after the city planning commission has taken action on the site plan.

(Ord. 1856 §§ 1, 2, 12-10-90; Ord. 1599 § 1, 4-23-84: Ord. 1403 § 2 (part), 4-23-79)

11.41.075 Effective date of order granting or denying site plan approval--Time for filing appeal of planning commission’s decision.

The decision of the planning commission in granting or denying a site plan approval shall become effective and final at five p.m. on the tenth day following the decision of the planning commission, unless prior to that time the applicant or other interested person has filed a written appeal from the planning commission’s decision with the city clerk. The filing of such written appeal within such time limit shall stay the effective date of the decision until such time as the city council has acted on the appeal as hereafter set forth in this title.

(Ord. 1856 § 3, 12-10-90)

11.41.080 Site plan--Procedures.

No building permit shall be issued for any buildings or structures unless a final subdivision map, when required, has first been prepared and approved in accordance with Title 12 of this code. However, when the site plan is specifically designed to be constructed in phases, the city council upon the recommendation of the city planning commission may permit the recordation of a phase or portion of the site plan. Any additional information or drawings as may be required by the city council shall be provided prior to approval of the site plan.

(Ord. 1599 § 2, 4-23-84: Ord. 1403 § 2 (part), 4-23-79)

11.41.090 Site plan--Approval.

The planning commission shall, in submitting their recommendation to the city council, advise them of the following:

(1)    That such proposal does or does not comply with the general plan.

(2)    That such proposal does or does not comply with the regulations set forth in this chapter.

(3)    Shall recommend approval, approval with modification, or denial of the site plan.

(Ord. 1403 § 2 (part), 4-23-79)

11.41.100 Commission hearing set.

The planning commission shall hold a public hearing within forty calendar days after the filing of a verified application for a preliminary site plan. The secretary of the planning commission shall set the time and date for the public hearing before the planning commission and shall give notice thereof.

(Ord. 1043 § 2 (part), 4-23-79)

11.41.110 Commission hearing notice--Publication--Mailing.

Upon the filing of a verified application by a landowner or his authorized representative for site plan, the planning commission shall publish a notice of the public hearing once in a newspaper of general circulation, published and circulated in the city at least ten calendar days before the hearing and shall give notice by mailing a letter, first class mail with postage prepaid, to the applicant or his authorized representative and the owners of property within a three hundred foot radius of the exterior boundary of the property proposed for a site plan using for this purpose the last known name and address of such owners as shown upon the last available equalized assessment roll of Los Angeles County. Such notice shall contain a general description of the area affected, a general explanation of the matter to be considered, and the time and place at which the public hearing on the matter will be held; provided, however, that the failure of the planning commission to mail any notice or the failure of any persons to receive the same, shall not affect, in any way whatsoever, the validity of any proceedings taken under this chapter, nor prevent the planning commission from proceeding with any hearing so set.

(Ord. 1403 § 2 (part), 4-23-79)

11.41.120 Commission hearing--Findings.

The planning commission shall announce its findings not more than forty calendar days following the closing of the hearing, and the report shall recite, among other things, the facts and reasons which, in the opinion of the planning commission, make the approval or denial of the application for a site plan necessary in carrying out the general purpose of this chapter and shall recommend approval or denial to the city council.

(Ord. 1403 § 2 (part), 4-23-79)

11.41.130 Council hearing set--Action.

(A)    No later than forty calendar days after the receipt of the decision of the city planning commission recommendation on a site plan, the city council shall hold a public hearing on such proposal, and the city clerk shall set such public hearing and give notice as required by law as soon as practical after receipt of notice of same from the secretary of the city planning commission.

(B)    At such hearing the city council may:

(1)    Adopt an ordinance approving the site plan with no changes.

(2)    Modify the recommendation of the city planning commission, and, if the site plan is before the city council by virtue of Section 11.41.070(C) [that the Site Plan constitutes "rezoning activity" because it involves "substantial variations" from "zoning standards of development"], and such modifications as proposed by the city council have not been previously considered by the city planning commission, refer the site plan back to the city planning commission for report and recommendation on the proposed modifications. The city planning commission shall make a report to the city council as soon as practical thereafter no later than forty calendar days after the reference to them. Failure of the city planning commission to report within such period shall be deemed to be approval of the site plan, in which case the city council may adopt the proposed site plan without the city planning commission’s review of the modifications.

(3)    Modify the recommendations of the city planning commission and, if the site plan is before the city council by virtue of an appeal taken from the decision of the city planning commission under their authority to approve site plans as set forth in Section 11.41.070(A) as "nonrezoning activity," or if the site plan is before the city council by virtue of Section 11.41.070(C) [that the Site Plan constitutes "rezoning activity" because it involves "substantial variations" from "zoning standards of development"] but the modifications have been previously considered by the city planning commission, the city council may introduce and adopt the site plan without referring same back to the city planning commission.

(4)    Reject the site plan without referring same back to the city planning commission.

(Ord. 1600 § 1, 4-23-84: Ord. 1403 § 2 (part), 4-23-79)

11.41.140 Adoption of site plan.

Where a change of zone classification is involved in considering a site plan, the adoption of the site plan by the city council shall constitute a reclassification of the property to such zone or zones as are designated on the site plan of the property involved, and shall be adopted as an amendment to the zoning map. The details of the site plan shall supersede the general requirements of the applicable zone or zones involved insofar as they apply to the particular site. The new zone boundaries of the reclassified area contained within the site plan shall be indicated on the zoning map together with a numbered reference to the site plan, the details of which site plan shall govern the application of the zoning provisions to such area.

If no reclassification is involved in the construction of a site plan, the adoption of the site plan shall be processed as, and shall constitute, an amendment to the zoning map to the extent of identifying the area made the subject of the site plan, and the details of the site plan shall apply to the property involved in the site plan in the same manner as where a reclassification is involved.

(Ord. 1600 § 4-23-84: Ord. 1403 § 3 (part), 4-23-79)

11.41.145 Expiration of site plan.

(A)    Any site plan hereafter granted by the city planning commission or the city council becomes null and void if not exercised within the time specified in such site plan or, if no date is specified, within one year from the date of approval of said site plan. The city planning commission or the city council shall have the right to grant a one year extension of the site plan.

(B)    All site plans heretofore approved and outstanding, for which construction has not commenced, shall expire one year from the effective date of the ordinance codified in this section.

(Ord. 1693 § 1, 4-14-86)

11.41.150 Council hearing notice--Publication--Mailing.

When the planning commission recommends a site plan to the city council, the city clerk shall have published a notice of the public hearing in a newspaper of general circulation published and circulated in the city at least ten calendar days before the hearing, and shall give notice by mailing a letter, first class mail with postage prepaid, to the owners of property within a three hundred foot radius of the exterior boundary of the property proposed for a site plan, using for this purpose the last known name and address of such owners as shown upon the last equalized assessment roll of Los Angeles County. Such notice shall contain a general description of the area affected, a general explanation of the matter to be considered, and the time and place at which the public hearing on the matter will be held; provided, however, that the failure of the city clerk to mail any notice or the failure of any person to receive the same, shall not affect in any way whatsoever the validity of any proceedings taken under this chapter, nor prevent the city council from proceeding with any hearing so set.

(Ord. 1403 § 2 (part), 4-23-79)

11.41.160 Council decision announcement.

The city council shall announce its decision by ordinance not more than forty calendar days following the termination of proceedings of the hearing or from receipt of the report from the planning commission when a matter has been referred back to the planning commission.

(Ord. 1403 § 2 (part), 4-23-79)

11.41.170 Council decision final.

Any action by the city council on such matters shall be by the majority vote of the entire membership of the city council and shall be final and conclusive.

(Ord. 1403 § 2 (part), 4-23-79)

11.41.180 Council notice of decision.

No later than ten calendar days following the adoption of an ordinance ordering approval of a site plan, the city clerk shall mail one copy of the ordinance to the landowner or his authorized representative at the address shown on the application, and one copy shall be attached to the community development director’s file of the case and the file returned to the department of community development for permanent file.

(Ord. 1403 § 2 (part), 4-23-79)