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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: 1 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. 2 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 3 120 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. 4 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. 5 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 6 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; 7 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- 9 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 Note: New text is bold, italics, an d highlighted Remove d t ex t i s s tri kethroug h an d h i gh ligh te d Page 1 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. Note: New text is bold, italics, and highlighted Removed text is strikethrough and highlighted Page 2 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 Note: New text is bold, italics, and highlighted Removed text is strikethrough and highlighted Page 3 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. Note: New text is bold, italics, and highlighted Removed text is strikethrough and highlighted Page 4