Chapter 9.56


9.56.010    Purpose of chapter.

9.56.020    Applicability.

9.56.030    Application filing, processing, and review.

9.56.040    Findings and decision.

9.56.050    Conditions of approval.

9.56.060    Environmental review.

9.56.070    Post decision procedures.

9.56.080    Residential subdivision site plan review process.

9.56.010 Purpose of chapter.

The purpose of this chapter is to enable the Director to make a finding that the proposed development is in compliance with the intent and purpose of this chapter and to guide the Building Inspection Division of the Department in the issuance of permits. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.56.020 Applicability.

The land use activities listed in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) may be allowable subject to the approval of a site plan review granted in compliance with this chapter, as well as compliance with Section 9.04.020 (Requirements for development and new land uses). Approval of a single-family residential unit on a lot shall not require site plan review unless specifically required by a specific plan, zoning or a conditional use permit for the property. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.56.030 Application filing, processing, and review.

A.    Application filing.

1.    Filing. An application for a site plan review, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).

2.    Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for site plan review applications.

B.    Application review. Each application for a site plan review shall be reviewed to ensure that the application is consistent with: the purpose of this chapter; all applicable development standards and regulations of this Development Code; and any adopted design guidelines and policies that may apply, whenever any physical alteration or construction is proposed.

1.    A site plan review is initiated when the Department receives a complete application package including all required materials specified in the Department handout and any additional information required by the Director in order to conduct a thorough review of the proposed project.

2.    Upon receipt of a complete application the Director shall conduct a review of the location, design, site plan configuration, and effect of the proposed development by comparing the project plans to established development standards, regulations, and any applicable design guidelines/policies.

3.    During the course of the review process, the Director may require the submittal of additional information or revised plans. The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the Department within ten (10) days after the date of the notice or within the period of time designated by the Director. Failure to submit the required information within the ten (10) day period may be cause for disapproval.

4.    In general, the following criteria shall be considered during the review of a site plan review application:

a.    Compliance with this chapter and all other applicable City ordinances;

b.    Desirable site layout and design;

c.    Compatibility with neighboring properties and developments;

d.    Efficiency and safety of public access and parking;

e.    Appropriate open space and use of water efficient landscaping;

f.    Consistency with the General Plan and any applicable specific plan; and

g.    Consistency with any adopted design guidelines and site plan review policies.

C.    No public hearing required. A public hearing shall not be required for the Director’s decision on a site plan review application.

D.    Appeals. The Director’s decision may be appealed, in compliance with Chapter 90 of this title (Appeals). (§ 2, Ord. 14-13, eff. October 8, 2014)

9.56.040 Findings and decision.

A.    Meets requirements of this chapter. Upon the receipt of the completed application, the Director shall determine whether or not the application meets the requirements of this chapter.

B.    Director’s action within thirty (30) days. Within thirty (30) working days after the filing of the completed application, the Director shall approve, approve with conditions, or disapprove the site plan.

C.    Referral to the Commission. When, in the opinion of the Director, the site plan submitted is of significant consequence or magnitude or involves potential public controversy, the Director may refer the site plan to the Commission for review and decision.

D.    Next Commission agenda. The referral shall be placed on the agenda of the next available regular Commission meeting following the Director’s referral.

E.    Required findings. The Director (or the Commission on a referral) may approve a site plan review application, only if all of the following findings are made. The proposed development would:

1.    Be allowed within the subject zoning district;

2.    Be in compliance with all of the applicable provisions of this Development Code that are necessary to carry out the purpose and requirements of the subject zoning district, including prescribed development standards and applicable design standards, policies and guidelines established by resolution of the Council;

3.    Be in compliance with all other applicable provisions of the Clovis Municipal Code;

4.    Be consistent with the General Plan and any applicable specific plan. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.56.050 Conditions of approval.

In approving a site plan review application, the Director (or the Commission on a referral) may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.56.040 (Findings and decision). (§ 2, Ord. 14-13, eff. October 8, 2014)

9.56.060 Environmental review.

This chapter is not intended to subject routine site plan review applications to environmental review under the California Environmental Quality Act (CEQA). The following criteria shall apply when reviewing completed site plan review applications:

A.    Prior environmental review. Site plan review applications for projects that fall within the parameters of a prior environmental review shall not require additional review.

B.    Exempt projects. Site plan review applications for projects that are exempt from review under CEQA shall not require environmental review.

C.    Ministerial application. Site plan review applications applied in a ministerial manner shall not require environmental review. Conditions of approval required by City codes, standards and design guidelines in effect at the time of submission of the application shall be considered ministerial. Conditions of approval that impose new substantive obligations on the developer shall be considered discretionary. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.56.070 Post decision procedures.

The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a site plan review. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.56.080 Residential subdivision site plan review process.

Residential site plan review (RSPR) shall be required as a condition of a subdivision map implementing provisions of a specific plan or zoning. The RSPR may be approved in two (2) segments. Segment 1 of the RSPR would be those items needed to complete processing the improvement plans and Segment 2 of the RSPR would be the model floor plans, elevations, colors and materials and lot coverage bonus proposals and justification, etc. Segment 1 of the RSPR should be submitted with the first submittal of the improvement plans and completed prior to the second submittal of the improvement plans, allowing for any comments reflected in the RSPR to be incorporated. Segment 1 of the RPSR would be conditioned to require the submittal and approval of the models (Segment 2) prior to issuance of building permits. An addendum to the conditions of approval of Segment 1 would be generated to address Segment 2 for the model homes. The Director may grant extensions to the RSPR for up to five (5) years to allow for development of a subdivision. (§ 2, Ord. 14-13, eff. October 8, 2014)