§ 20.2.65. Site plan review.

1.

Purpose and Intent. The Site Plan Review process is intended to ensure that new development proposed within the City of Delano does not have adverse impacts upon the health, safety, and general welfare of the community, does not have adverse aesthetic or architectural impacts upon existing adjoining properties, and is harmonious with existing development patterns and circulation networks. "Development" for the purposes of this Section shall be construed to mean construction of new buildings and structures, or substantial additions, renovations, and conversion of use of existing buildings and properties.

2.

Applicability. The Site Plan Review process is required of all Development proposals which has been identified as a permitted use within the applicable zone district.

3.

Decision Making Authority. Authority for approval or denial of a Site Plan Review application which is not associated with a conditional use permit, variance, or subdivision application shall be vested in the Community Development Director. The decision of the Community Development Director may be appealed to the Planning Commission. For Site Plan Reviews which are associated with a conditional use permit, variance, or any subdivision application, approval authority shall be vested with the Planning Commission. The decision of the Planning Commission may be appealed to the City Council. The Community Development Director may at his or her own discretion forward the Site Plan Review application to the Planning Commission for review and decision.

4.

Application. An application for Site Plan Review shall be filed with the Community Development Department on forms provided by the department, and shall be completed with such information and materials as prescribed by the Community Development Director, with applicable fees as determined by separate resolution by the City Council.

5.

Site Plan Review Process. The Site Plan Review application shall be processed in accordance with Chapter 4.5, Government Code 65941 et seq., known as the Permit Streamlining Act of the State of California Planning and Zoning Law. The proposal may be transmitted to other city departments or external agencies for review and subsequent comment, as deemed necessary by the Community Development Director.

6.

Required findings for approval. Findings. Following review and consideration of an application, the Community Development Director, or his or her designee may approve a Site Plan Review application in whole or in part, with or without conditions, provided the Community Development Director prepares a written decision which contains the findings of fact upon which the decision is based. In preparing this written decision, all of the following findings of fact must be made in an affirmative manner.

a.

The proposed use is permitted within the subject zone district pursuant to the provisions of this Section, complies with all applicable provisions of this Title, is consistent with the goals, policies, and objectives of the General Plan, and is consistent with the applicable development policies and standards of the City; and

b.

The proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and

c.

The site is suitable for the type and intensity of use or development proposed; and

d.

There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and

e.

The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and

f.

The proposed use would not result in a significant effect on the environment; unless overriding considerations outweigh the potential impacts.

7.

Conditions of Approval. In granting a Site Plan Review application, the Community Development Director shall require that the use and development of the property conforms with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications as may be deemed necessary to protect the public health, safety, and general welfare and to secure the objectives of the General Plan. The Community Development Director may also impose conditions as may be deemed necessary to achieve these purposes, including, but not limited to the following matters:

a.

Requirements for setbacks, yard areas, and open spaces.

b.

Fences, walls, buffers, and screening.

c.

Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 20.13 of this Title.

d.

Landscaping and maintenance of landscaping and grounds.

e.

Regulation of signs.

f.

Control of noise, vibration, odors, and other potentially dangerous or objectionable elements.

g.

Limits on hours of operation or duration of approval.

h.

Time-period within which the proposed use shall be developed.

i.

Requirements for street improvements and dedications.

j.

Building design and elevations.

k.

Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this Title.

l.

Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency.

m.

Requirements for periodic review by the Planning Commission, and such other conditions as the Planning Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to make the findings required by Section 20.2.50.6 of this Chapter.

8.

Acceptance of Conditions. A Site Plan Review approval shall not become effective for any purpose unless an acceptance of Conditions" form has been signed by the applicant. A conditional use permit and conditions of approval may be recorded against the property.

9.

Revisions/Modifications. Requests to revise or modify a Site Plan Review Application may be requested by the Community Development Director from applicant if the proposal does not meet the minimum standards of the Delano Municipal Code and/or the Director cannot make all necessary findings required for approval.

10.

Appeals. Any person not satisfied with the decision of the Community Development Director may, within ten calendar days of the date of the approval or denial may appeal such decision to the City Planning Commission by filing a written notice of appeal and payment of fees to the Community Development Department setting forth the basis and of the appeal. The appeal shall be filed in accordance with Chapter 20.2.180 of this Title.

(Ord. No. 2011-1241, § 1(Exh. A), 12-19-2011; Ord. No. 2017-1294, § 1(Exh. 2), 11-20-2017)