HomeMy Public PortalAbout17) 9.B. Intro and First Reading of Ordinance No. 13-980 Discretionary Site Plan Review ProcessAGENDA
ITEM 9.8.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: November 5, 2013
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager
V ia: Mark Persico, AICP, Community Develop ~t Director
By: Geoffrey Starns, AICP, Planning Manager ~
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-980, AN
AMENDMENT TO ARTICLE E ("SITE PLAN REVIEW AND
CONGESTION MANAGEMENT") OF CHAPTER 1 ("ZONING CODE") OF
TITLE 9 ("ZONING REGULATIONS") OF THE TEMPLE CITY MUNICIPAL
CODE TO CREATE A DISCRETIONARY SITE PLAN REVIEW PROCESS
RECOMMENDATION:
The City Council is requested to:
a) Consider the three options proposed and select Option 1 as recommended by
staff;
b) Introduce Ordinance No. 13-980 for first reading by title only, amending Article E
("Site Plan Review and Congestion Management") of Chapter 1 ("Zoning Code") of
Title 9 ("Zoning Regulations") of the Temple City Municipal Code to create a
discretionary Site Plan Review process as amended by Council;
c) Waive further reading of Ordinance No. 13-980; and
d) Schedule the second reading of the ordinance for November 19, 2013.
BACKGROUND:
1. On October 1, 2013, the City Council held a public hearing on the proposed code
amendment, continued the item to the November 5, 2013 City Council meeting and
directed· staff to provide alternatives in the ordinance related to single-family
properties (See Attachment "B" for original staff report).
City Council
November 5, 2013
Page 2 of 3
ANALYSIS:
At the request of the City Council, staff developed two new options related to the review
of site plans for single-family residences. Staff's recommendation aims to balance the
rights of property owners to improve their property with the design, privacy and
notification concerns expressed by residents. Staff is presenting two options in addition
to the original proposed ordinance for the City Council to consider. The three options
for the ordinance are as follows:
Option 1: The proposed ordinance as originally presented at the October 1, 2013
City Council meeting, which requires a major site plan review, and a public hearing
for new single-family homes, additions over 500 square feet, and second story
additions;
Option 2: Allows new single story homes and additions as minor site plan reviews
(no public hearing required) but require major site plan reviews (with a public
hearing) for two story homes and additions to an existing second story or additions
that create a new second story; and
Option 3: Allows all single-family homes, including additions, under a minor site
plan review (no public hearing). This option will add a requirement that a notice be
posted on site for 10 days prior to approval. Since Option 3 would eliminate public
noticing for all single-family residential projects, it does not address the notification
concerns staff has received. Staff also felt it was still important to provide some
notice to neighboring properties. To address this concern the site posting
requirement was also included in Option 3. This will provide notification to anyone
driving by a project site and give them the opportunity to examine the plans and
voice any concerns about a project.
In developing these options, staff looked at the types of projects that could be most
impactful to the surrounding properties and determined that two story homes have a
greater likelihood of causing the privacy and design concerns than one story homes.
The main purpose of amending the ordinance is because the current process does not
allow for any public input, notification, or environmental review, regardless of the size of
a project.
CONCLUSION:
It is staff's recommendation that the City Council select Option 1 because it best suits
the needs of the City. Option 1 balances the property rights concerns with the design,
privacy, and notification concerns expressed by the public. Hence, the City Council is
requested to introduce Ordinance No. 13-980 for first reading by title only, waive further
reading of Ordinance No. 13-980 and schedule the second reading of the ordinance for
November 19, 2013.
City Council
November 5, 2013
Page 3 of 3
FISCAL IMPACT:
Adoption of proposed Ordinance No. 13-890 will not cause fiscal impact upon the City's
budget. When the proposed ordinance becomes effective Friday, December 20, 2013,
any increase in staff costs due to processing additional Site Plan Review applications
will be offset by the filing fees paid by applicants.
ATTACHMENT(S):
A. Ordinance No. 13-980
B. October 1, 2013 City Council Report
C. Options 2 and 3 Ordinance Language for Section 9181
CITY OF TEMPLE CITY
ORDINANCE NO. 13-980
ATTACHMENT A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY AMENDING ARTICLE E (SITE PLAN
REVIEW AND CONGESTION MANAGEMENT) OF
CHAPTER 1 (ZONING CODE) OF TITLE 9 (ZONING
REGULATIONS) OF THE TEMPLE CITY MUNICIPAL
CODE TO CREATE A DISCRETIONARY SITE PLAN
REVIEW PROCESS.
WHEREAS, The City of Temple City Municipal Code regulates new development
through the Site Plan Review process; and
WHEREAS, the Site Plan Review process dates back to incorporation; and
WHEREAS, The City's 2008-14 Housing Element removes the Conditional Use
Permit requirement for multi-family housing; and
WHEREAS, The Site Plan Review process does not address potential impacts
from new development on neighboring properties or the environment; and
WHEREAS, The Site Plan Review process does not provide for public
participation; and
WHEREAS, the City of Temple City has a substantial interest in promoting the
public health safety and welfare of the community; and
WHEREAS, the City of Temple City recognizes the need to implement
reasonable review of new development in order to protect the public safety; and
WHEREAS, the Planning Commission of the City of Temple City held a public
hearing on August 27, 2013 to consider this code amendment; and
WHEREAS, the Planning Commission of the City of Temple City recommended
the City Council approve the Code Amendment establishing a discretionary Site Plan
Review process; and
WHEREAS, it is the intent of the City Council, in enacting this ordinance, to
regulate new development to ensure they are designed in a manner that is compatible
with neighboring properties and does not create significant environmental impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY
ORDAINS AS FOLLOWS:
SECTION 1: Sections 9180 to 9187 of Article E ("Site Plan Review and
Congestion Management Program") of Chapter 1 ("Zoning Code") of Title 9 ("Zoning
Regulations") of the Temple City Municipal Code is amended to read as follows:
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PART 1. SITE PLAN REVIEW
9180: PURPOSE
A. A Site Plan Review is a discretionary land use permit that is required for all
proposed land uses that involve construction. The purpose of the site plan review
process is to:
1. Ensure that construction occurs in a manner consistent with the overall
goals and objectives of the General Plan and the Zoning Code;
2. Ensure that all construction is consistent with the development standards
contained in the Zoning Code;
3. Ensure that the proposed architectural design and treatment of
construction is consistent with the design guidelines contained in the
Zoning Code;
4. Ensure that the proposed architectural design and treatment of
construction is designed to minimize adverse aesthetic and environmental
impacts on the site and its surroundings, and are compatible with its
surroundings;
5. To ensure that the site design and layout is consistent with all parking
standards as well as requirements for vehicular and pedestrian safety,
ingress, and egress;
6. Allow all City departments the opportunity to review new development
proposals and place reasonable conditions to ensure that the public
health, safety and welfare are maintained.
B. Construction Defined. For the purpose of this Part, the term "construction" shall
mean any and all of the following:
1. Construction, expansion or renovation of any new or existing residential,
commercial, industrial or institutional uses or structures.
2. Construction, expansion or renovation of any new or existing additions,
buildings, other accessory structures, landscaping, grading, open space,
signs or similar constructions.
3. Site design and layout.
9181: APPLICABILITY
All construction requires approval of a site plan prior to the issuance of a building permit,
or prior to commencement of construction if a building permit is not required. There are
two types of site plan review: Minor, and Major.
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A. Major Site Plan Review. The following construction types are subject to a Major
Site Plan Review:
1. All commercial, industrial, mixed-use, multi-family residential, and institutional
construction where new square footage is proposed;
2. All commercial, industrial, mixed-use, multi-family residential, and institutional
construction where more than 50% of the existing square footage is being
renovated;
3. All new single-family residences, including construction that completely
demolishes an existing structure and replaces it with a new structure, except
those accessory structures that are subject to a Minor Site Plan Review;
4. The additions above the first story to a single-family residence;
5. Additions to the first floor of a single-family residence 500 square feet or
greater;
6. All subdivisions, if any construction is proposed;
7. Any proposed demolition involving a property on the City's adopted historic
resources inventory or any property listed in the National Register of Historic
Places or the California Register of Historic Resources, even when new
construction is not proposed.
8. Any affordable housing project involving a concession under the State's
Density Bonus Law. The City Council is the Approval Body for this project
type based on a recommendation of the Planning Commission.
9. Any other construction not identified as requiring a Minor Site Plan Review or
Zoning Clearance, as determined by the Director.
B. Minor Site Plan Review. The following construction is subject to a Minor Site
Plan Review:
1. Additions to the first floor of a single-family residence under 500 square feet;
2. Additions to existing accessory structures on residential property that are 120
square feet or larger; provided that the addition will not increase the floor area
of the accessory structure by 50 percent or more of the floor area of the
structure as it existed five (5) years ago;
3. All new single story residential accessory structures that are 120 square feet
or larger;
4. Facade improvements on commercial, industrial, mixed use, and institutional
uses, provided there is no square footage being added;
5. Accessory structures for commercial, industrial, mixed use, and institutional
uses, including trash enclosures and other non-habitable structures that are
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120 square feet or larger; provided there is no habitable square footage being
added;
6. The addition of outdoor seating areas to existing restaurants provided there is
no interior square footage being added.
9182: APPLICATION PROCEDURE
A. Application and Fees. An application for a Site Plan Review shall be filed with
the Planning Division on the prescribed application form and shall be
accompanied by the following:
1. A completed environmental information form describing existing
environmental conditions, the proposed project and identifying potential
environmental impacts of the project (not required for Counter Site Plan
Reviews);
2. Maps, drawings, site plans, building elevations, proposed colors and building
materials, summary tabulations and other documents and information
required on the standard City application form to describe the project
adequately; and
3. Required fee(s).
B. Scope of Review. Where a Site Plan Review is required for construction under
the provisions of this article, the following aspects of the project are to be
reviewed by the approval body:
1. The location of the construction in relation to location of buildings on adjoining
sites, with particular attention to privacy, views, any physical constraint
identified on the site and the characteristics of the area in which the site is
located;
2. The degree to which the construction will complement and/or improve upon
the quality of existing development in the vicinity of the proposed construction
and the extent to which adverse impacts to surrounding properties can be
minimized;
3. The effect of the proposed construction on surrounding uses, including
ensuring minimum disruption to such uses;
4. Whether the development standards set forth in the Zoning Code applicable
to the construction have been satisfied;
5. Whether the design guidelines applicable to the construction set forth in the
Zoning Code have been substantially met.
C. Development Review Committee (DRC) Review. All Minor and Major Site
Plan Reviews require review by the Development Review Committee.
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1. Membership. The DRC shall consist of the Director, or designee, and
representatives of all City departments and contract agencies (e.g. public
works, fire, police) involved in approval of new development.
2. Duties and Authority. The duties and responsibilities of the DRC shall be to
review the proposed construction, provide applicants with appropriate design
comments, provide project conditions, and make recommendations to the
Director, or the Commission, as provided by this zoning code.
D. Public Hearing Required. All Major Site Plan Reviews shall require a public
hearing in accordance with Section 9183. Minor Site Plan Reviews do not
require a public hearing. However, the Director may, due to the nature of a
proposed project, require that a public hearing be held for a Minor Site Plan
Review.
E. Approval Body. The Director, or designee, shall be responsible for the approval
of Site Plan Reviews, except, under the following conditions:
1. When a site plan review is sought in conjunction with another application
that requires Planning Commission review, the Planning Commission
shall become the approval body.
2. When a site plan review also involves concessions under the State's
Density Bonus Law. The City Council is the approval body upon
recommendation of the Planning Commission.
F. Findings of Fact. All Minor and Major Site Plan Reviews require the approval
body make findings of fact in order to approve a Site Plan Review application.
The approval body shall issue the decision and the findings upon which the
decision is based in writing. The approval body may approve a site plan review
application with or without conditions, if all of the following findings are made:
1. The construction complies with all applicable provisions of this Zoning Code;
2. The construction is consistent with the General Plan, any applicable specific
plan, and any special design theme adopted by the City for the site and
vicinity;
3. The approval of the site plan review is in compliance with the California
Environmental Quality Act (CEQA);
4. The proposed structures, signs, site development, grading and/or
landscaping are compatible in design, appearance and scale, with existing
uses, development, signs, structures and landscaping for the surrounding
area;
s. The site is adequate in size and shape to accommodate the proposed
structures, yards, walls, fences, parking, landscaping, and other development
features.
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9183: PUBLIC HEARINGS
A. Required Hearings. Public Hearings before the Director shall be held for all
Major Site Plan Reviews and for Minor Site Plan Reviews as determined by the
Director in accordance with Section 9182(D).
B. Required Hearings for Projects Involving Density Bonus Concessions. A
public hearing shall be held before the Planning Commission for all Site Plan
Reviews that also involves concessions under the State's Density Bonus Law.
The Planning Commission shall make a recommendation to the City CounciL
The City Council will hold a public hearing and make a final determination on the
project
C. Notices. The public shall be provided notice of director hearings in the same
manner as is contained in Section 9207.
D. Decisions. The decision of the Director is final unless appealed. The appeal
period shall end at twelve o'clock ( 12:00) noon of the fifteenth day following the
date of decision by the Director. Appeals must be filed in writing in accordance
with Section 9184. Upon filing of an appeal in the manner herein set forth, the
decision of the Director shall be suspended. Decisions of the City Council are
finaL
E. Director Hearing Schedule. Public Hearings before the Director shall be
scheduled for the second Tuesday of the month at 5:00 pm. Additional meetings
may be scheduled by the Director as needed.
9184: APPEALS
A. Decisions of the Director on Site Plan Review applications may be appealed to
the Planning Commission. Decisions by the Commission may be appealed to
the City CounciL
B. Appeals may be initiated by an applicant, any resident of the City, or any person
owning real property in the City aggrieved by a decision of the Director. A notice
of appeal shall be in writing and shall be filed in the office of the City Clerk upon
forms provided by the city. An appeal from decision, determination, or
interpretation of the Director in the administration of the provisions of this article
must set forth specifically the error or abuse of discretion claimed by the
appellant or how an application did meet or fail to meet, as the case may be, the
standards of this article.
C. Appeal Hearing and Notice. Once filed, the appeal shall be held before the
Planning Commission at their next meeting where the noticing requirements can
be met Appeal hearings shall be noticed in accordance with Section 9207.
D. Commission Decision. On an appeal from a decision of the director, the
Planning Commission shall consider the matter at a public hearing and may
affirm, reverse or modify the decision of the Director. If the applicant or any other
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party as defined in 9184(B) is dissatisfied with the decision of the Commission,
they may within a fifteen (15) day time period, appeal the same to the council, in
the same manner as an appeal is taken from the decision of the Director. An
appeal to the Council shall be filed with the city clerk.
9185: EXPIRATION OF SITE PLAN REVIEWS:
Approval of a Site Plan by the approval body shall lapse and become null and void two
(2) years following the effective date of the Site Plan review approval, unless, prior to the
expiration date, (i) a building permit is issued and construction is being diligently pursued
towards completion; or (ii) a certificate of occupancy is issued for the construction which
was the subject of the application. A one ( 1) year extension may be granted by the
Director upon written request by the applicant received at least thirty (30) days prior to
Site Plan approval expiration date, providing that there is no changes to the project. An
application for extension involving any substantial change from the original plan or the
conditions of approval, as determined by the Director, shall be subject to all of the
provisions of this article and shall require a new application. As a condition of granting
an extension of time, the approval body may review or impose additional conditions to
ensure that the development plan will be in compliance with City standards in effect at
such time such extension is granted.
9186: SITE PLAN REVIEW, EFFECT UPON BUILDING PERMITS
Where the provisions of this article require that a site plan review be submitted for
approval, no building permit shall be issued or, if one is issued in error, the same shall
be suspended until a site plan has been approved in the manner set forth in this article.
9187: ZONING CLEARANCE
A. Purpose. A Zoning Clearance is the procedure used by the City to verify that a
proposed structure or land use complies with (i) the permitted list of activities
allowed in the applicable zoning district, and (ii) the development standards
applicable to the type of use. Where the Code requires zoning clearance as a
prerequisite to establishing a land use, the Director shall evaluate the proposed
use to determine whether the clearance may be granted in compliance with this
section.
B. Applicability. Zoning Clearances are not considered discretionary for purposes of
the California Environmental Act (CEQA). A zoning clearance shall be required
at the time of department review of any building, grading or other construction
permit, or other authorization required by this development code for the proposed
use. The following construction is subject to a Zoning Clearance:
1. All fences and walls;
2. Single story accessory structures under 120 square feet;
3. All pools, spas, and their related equipment;
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4. All residential patio covers;
5. Any proposed demolition, where new construction is not proposed. If such
demolition involves a property on the City's adopted historic resources
inventory or any property listed in the National Register of Historic Places or
the California Register of Historic Resources historic resources inventory, a
major site plan review will automatically be required and the proposed
demolition is subject to CEQA;
6. All commercial, industrial, mixed-use, and institutional tenant improvements,
provided no exterior changes are proposed;
7. Any other construction that requires a building permit but does not require a
Major or Minor Site Plan Review.
C. Criteria for Clearance. The director shall issue the zoning clearance after
determining that the request complies with all zoning code provisions applicable
to the proposed project.
D. A zoning clearance is not required for projects that have been approved under
another permit process identified in this chapter.
SECTION 2: This Ordinance shall be effective on the 31 '' day after adoption.
SECTION 3: The City Clerk, or her duly appointed deputy, shall attest to the
adoption of this Ordinance, and shall cause this Ordinance to be posted in the manner
required by law.
PASSED, APPROVED, AND ADOPTED this 19th day of November, 2013.
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
8
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 13-980 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 5th day of November 2013, its second reading on 19th day of November,
2013, and was duly passed, approved and adopted by said Council at the regular meeting held on
19th day of November, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Councilmember-
Councilmember-
Councilmember-
Councilmember-
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ATTACHMENT 8
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: October 1, 2013
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager~
Via: Mark Persico, AICP, Community DevelopmJjnt Director
By: Geoffrey Starns, AICP, Planning Manage(jJ-
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-980, AN
AMENDMENT TO ARTICLE E ("SITE PLAN REVIEW AND
CONGESTION MANAGEMENT") OF CHAPTER i ("ZONING CODE")
OF TITLE 9 ("ZONING REGULATIONS") OF THE TEMPLE CITY
MUNICIPAL CODE TO CREATE A DISCRETIONARY SITE PLAN
REVIEW PROCESS
RECOMMENDATION:
The City Council is requested to:
a) Introduce Ordinance No. 13-980 for first reading by title only, amending Article E
("Site Plan Review and Congestion Management") of Chapter 1 ("Zoning Code") of
Title 9 ("Zoning Regulations") of the Temple City Municipal Code to create a
discretionary Site Plan Review process;
b) Waive further reading of Ordinance No. 13-980; and
c) Schedule the second reading of the Ordinance for October 15, 2013.
BACKGROUND:
1. On May 26, 1960, the City of Temple City was incorporated as an official Los
Angeles County municipality. Since the City's incorporation the City's Site Plan
Review process has not changed.
2. On May 7, 2013, the City Council adopted the City's 2008-14 Housing Element,
which provided that the City would eliminate the Conditional Use Permit
requirement for multi-family residential developments in the City.
City Council
October 1, 2013
Page 2 of 3
3. On September 3, 2013, the City Council adopted Ordinance No. 13-972 which
implemented the City's 2008-14 Housing Element. The adopted ordinance
eliminated the Conditional Use Permit requirement for multi-family residential
developments.
4. On August 27, 2013, the Planning Commission recommended that the City Council
approve the proposed code amendment regarding site plan reviews.
ANALYSIS:
Currently all new construction in the City requires approval of a site plan review. The site
plan review process is a ministerial process that requires planning staff to approve all
projects that meet the City's minimum development standards, which are contained in the
City's Zoning Code. This process does not allow for any public input or environmental
review, regardless of the size of a project. Provided the proposed project meets minimum
zoning and building requirements, staff has no authority to use its discretion to modify or
condition projects to reduce impacts to, or ensure compatibility with, surrounding
properties. This process was established with the incorporation of the City and has never
been changed.
1. Overview of Current Process
There are two main reasons that staff is proposing to change the site plan review
process to one that allows for discretion in the review of projects (referred to as
discretionary). First, staff receives complaints on a regular basis from Temple City
residents because they were not notified of new houses being constructed next to, or
near to them. The most common concerns for these types of projects are privacy and
design. Secondly, with the elimination of the Conditional Use Permit (CUP) process for
multi-family developments (part of the housing element implementation ordinance), all
residential and many commercial projects will be approved through the current site
plan review process. Since the CUP process required public notice, public hearing,
and an environmental review, the elimination of the CUP requirement also eliminated
the public notice, hearing and environmental review, hence the reason for the
proposed amendment.
2. Proposed Changes
In order to address these concerns staff drafted the proposed ordinance to change
the site plan review process. The proposed ordinance divides site plan reviews into
three categories: 1) Major Site Plan Reviews; 2) Minor Site Plan Reviews; and 3)
Zoning Clearances. Major Site Plan Reviews are intended for larger projects and
require a public hearing while Minor Site Plan Reviews are intended for smaller, less
impactful projects and do not require a hearing (see page 3 of Attachment "A" for a
list of project types in each category). Public hearings for Major Site Plan Reviews
would be before the Community Development Director and would be appealable to
the Planning Commission. Zoning Clearances are intended for minor accessory
City Council
October 1, 2013
Page 3 of 3
structures that have no potential impact to neighboring properties Zoning Clearances
would still be considered ministerial, approved by staff over-the-counter, and would
not be subject to CEQA.
The other major change is inclusion of findings for approval of projects (see page 5 of
Attachment "A" for the proposed findings). All Site Plans will be required to meet all of
the findings in order to be approved. Findings are an affirmative determination by the
City that a project meets the city's minimum requirements in order to approve a project.
Findings are currently required for other types of planning applications including CUPs
and Variances. Site Plan Reviews currently have no findings for approval. Zoning
Clearances will not require findings. In addition, the proposed ordinance allows
conditions to be placed on the project to address any impacts to surrounding properties
or the environment.
CONCLUSION:
The proposed ordinance will provide an opportunity for public input and environmental
review to ensure that new development is compatible with the surrounding community.
Additionally, the proposed ordinance will allow projects to be conditioned to reduce
impacts to the environment and neighboring properties. Staff is requesting the City
Council to introduce Ordinance No. 13-890 and schedule the second reading of the
ordinance for October 15, 2013.
FISCAL IMPACT:
Adoption of proposed Ordinance No. 13-890 will not cause fiscal impact upon the Fiscal
Year (FY) 2013-14 City Budget. When the proposed ordinance becomes effective, any
increase in staff costs due to processing additional Site Plan Review applications are
offset by the filing fees paid by applicants.
ATTACHMENT:
A. Ordinance No. 13-980
Optional Ordinance Language for Site Plan Reviews
S ectio n 9 18 1
Attachment C
OPTION 2 :
9181 : APPLICABILITY
A ll construction requires approval of a site plan prior to t he iss uance of a building perm it, or prior
to commen cement of construction if a building permit is no t requ ired. T here are three types of
s ite plan review : Counter, Minor, and Major.
A. Major Sit e Plan Review. The following const ruct ion types are subject to a Major Site
Plan Review:
1. All commerc ial , industrial , mixed-use , multi-fam ily residential , and institutional
construction where new square footage is proposed;
2 . All commercial, industrial , m ixed -use, multi-family residential, a nd institutional
construction where more than 50% of the existing squa re footage is being renovated ;
3. All new two single-family residences, including construction that completely
demolishes an existing structure and replaces it with a new structure, except those
accessory structures that are subject to a Minor Site Plan Review;
4. The additions above the first story to a single-fami ly residence ;
5. Additions to the first floor of a single family residence 500 square feet or greater;
6. All subdivisions , if any construction is proposed ;
7. Any proposed demolition i nvolving a property on the City's historic resources
inventory, even when new construction is not proposed .
8. Any affordable housing project involving a concession under the State's Density
Bonus Law. The City Council is the Approval Body for this project type based on a
recommenda t ion of the Planning Commission .
9. Any other construction not identified as requiring a Minor Site Plan Review or Zoning
Clea rance , as determined by the Director.
B. Mi nor Site Plan Rev iew. The following construction is subject to a Minor Site Plan
Review:
1. New single story single-family residences;
2. Additions to the first floor of a single-family residence under 500 square feet;
3. Additions to existing accessory structures on residential property that are 120 square
feet or larger; provided that the addition will not increase the floor area of the
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Optional Ordinance Language for Site Plan Reviews
Section 9181
accessory structure by 50 percent or more of the floor area of the structure as it
existed five (5) years ago;
4. All new single story residential accessory structures that are 120 square feet or
larger;
5. Facade improvements on commercial, industrial, mixed use, and institutional uses,
provided there is no square footage being added;
6. Accessory structures for commercial, industrial, mixed use, and institutional uses,
including trash enclosures and other non-habitable structures that are 120 square
feet or larger; provided there is no habitable square footage being added;
7. The addition of outdoor seating areas to existing restaurants provided there is no
interior square footage being added.
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Optional Ordinance Language for Site Plan Reviews
Section 9181
Option 3:
9181: APPLICABILITY
All construction requires approval of a site plan prior to the issuance of a building permit, or prior
to commencement of construction if a building permit is not required. There are three types of
site plan review: Counter, Minor, and Major.
A Major Site Plan Review. The following construction types are subject to a Major Site
Plan Review:
1. All commercial, industrial, mixed-use, multi-family residential , and institutional
construction where new square footage is proposed;
2 . All commercial, industrial, mixed-use, multi-family residential, and institutional
construction where more than 50% of the existing square footage is being renovated;
3. All new single family residences , including construction that completely demolishes
an existing structure and replaces it •.vith a new structure, except those accessory
structures that are subject to a Minor Site Plan Reviev1;
4. The additions abo•Je the first story to a single family residence;
5 . Additions to the first floor of a single family residence 500 square feet or greater;
6 . All subdivisions , if any construction is proposed;
7. Any proposed demolition involving a property on the City's historic resources
inventory, even when new construction is not proposed.
8. Any affordable housing project involving a concession under the State's Density
Bonus Law. The City Council is the Approval Body for this project type based on a
recommendation of the Planning Commission.
9 . Any other construction not identified as requiring a Minor Site Plan Review or Zoning
Clearance, as determined by the Director.
B. Minor Site Plan Review. The following construction is subject to a Minor Site Plan
Review:
1. New Single-family residences;
2. Additions to the first floor of a single-family residences under 500 square feet;
3. Additions to existing accessory structures on residential property that are 120 square
feet or larger; provided that the addition will not increase the floor area of the
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Optional Ordinance Language for Site Plan Reviews
Section 9181
accessory structure by 50 percent or more of the floor area of the structure as it
existed five (5) years ago;
4. All new single story residential accessory structures that are 120 square feet or
larger;
5. Facade improvements on commercial, industrial, mixed use, and institutional uses,
provided there is no square footage being added;
6. Accessory structures for commercial , industrial, mixed use, and institutional uses,
including trash enclosures and other non-habitable structures that are 120 square
feet or larger; provided there is no habitable square footage being added;
7. The addition of outdoor seating areas to existing restaurants provided there is no
interior square footage being added.
For all project requiring a Minor Site Plan Review under Items No. 1 or 2, the
subject property shall be posted in a conspicuous place with a notice/si gn of
conspicuous size, to the satisfaction of the Community Development Director, at
least ten (10) days prior to approval.
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