§ 17.02.070. Plot plans.

A plot plan permit shall be required of any party proposing to establish a new land use, or to assume an existing use, consistent with the zoning of the proposed location of the use, prior to the use and occupancy of any property for such land use. The purpose of a plot plan permit is to implement the provisions of the Zoning Ordinance and to protect the character and integrity of residential, commercial and industrial areas in the City. Plot plan applications shall be processed by the Planning Director and shall entail a review of the configuration, design, location and impact of the proposed use by comparing the use to established standards and design guidelines in order to determine whether the permit should be approved. The Planning Director is empowered to grant and deny administrative plot plan applications for projects which entail use and occupancy of existing facilities and to impose reasonable conditions upon the granting of such permits. The Planning Commission is empowered to grant and deny plot plan applications for projects, and to impose reasonable conditions upon the granting of such permits.

A.

Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a plot plan permit. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to acceptance of any application.

B.

Type of Plot Plan Application. The Planning Director shall determine the type and scope of application required of any applicant for a proposed use.

1.

An administrative plot plan application, not requiring a public hearing, shall be required for the following:

a.

Occupancy or assumption of an existing use or business which conforms to this Zoning Ordinance.

b.

Site plans for a single family dwelling unit on an existing legal lot and other residential projects with two to four dwelling units on one legal lot.

c.

Development plans that are exempt from the California Environmental Quality Act.

d.

Model home complexes and temporary real estate sales offices used exclusively for the first sales of homes.

2.

A plot plan application, requiring a public hearing conducted by the Planning Commission, shall be required for the following:

a.

Any use which is subject to the provisions of the California Environmental Quality Act.

b.

Any use which exceeds the limitations applicable to the administrative plot plan application process, as set forth in this Zoning Ordinance (Section 17.02.070(B)1).

C.

Filing of Application. The application shall be filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.040).

D.

Review of Application by Planning Director. The Planning Director or his designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate. For administrative plot plan applications, the Planning Director shall render a decision in writing without notice or hearing. For plot plan applications, the Planning Director or his designee shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the applicant prior to any scheduled public hearing on the application.

E.

Planning Commission Public Hearing. For plot plans acted upon in accordance with Section 17.02.070(B), a public hearing of the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.051). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated and maintained, particularly with respect to the findings prescribed in Subsection I of this section (Required Findings).

F.

Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.060 Appeals and Revocations).

G.

Findings of Approval. The Planning Commission may approve and/or modify a plot plan permit in whole or part, with or without conditions, provided that all of the following findings of fact are made:

1.

The proposed use is permitted, or is substantially similar to a use permitted, within the subject zone and complies with the intent of all applicable provisions of this Zoning Ordinance;

2.

The proposed use is consistent with the objectives, policies, general land uses and programs of the general plan and any applicable specific plans;

3.

The subject site is physically suitable for the type and intensity of the proposed land use;

4.

The location, size, design and operating characteristics of the proposed use is compatible with existing land uses within the general area in which the proposed use is located;

5.

There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed land use would not be detrimental to the public convenience, health, safety or general welfare;

6.

The approval of the plot plan permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and there would be no significant adverse impacts upon environmental quality and natural resources that cannot be reasonably mitigated and monitored.

H.

Imposition of Conditions of Approval. In granting a permit, the Planning Director or Planning Commission may impose such conditions as deemed necessary to ensure that the public health, safety and general welfare are protected and that the proposed use is not a detriment to the community. All conditions shall be binding upon the applicant, heirs, successors, or assignees.

I.

Plot Plan Time Limits. The grantee of a plot plan permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the plot plan permit shall lapse and become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued towards completion of the project.

2.

In the event that no building permit is required, a certificate of occupancy and/or business license has been issued for the use.

J.

Plot Plan Lapse in Time. A plot plan permit subject to lapse may be renewed up to one additional year, provided that the applicant files an application for renewal with the Planning Director prior to the expiration date, and subject to consideration in a public hearing.

(Ord. 920 §2, 9/2007)