17.08.080 Site plan approval process | Bakersfield Municipal Code

17.08.080 Site plan approval process.

A. Application. The application shall consist of a fee, based upon a schedule adopted by the city council, one legible copy of the application form and two legible copies of a site plan showing the intended use of all buildings to be constructed, elevations and floor plans, and a list of off-site improvements to be constructed in accordance with city ordinances and standards. The application shall also include sufficient information to determine whether the proposed project is consistent with the general plan and zoning ordinance as implemented by adopted city regulations and all information necessary to determine if the project is subject to review pursuant to the California Environmental Quality Act (CEQA), as determined by the planning director. All applications shall consist of the following:

1. Application Form. The application form shall be provided by the planning director and shall be filled out to the satisfaction of the planning director;

2. Check List. Hazardous materials compliance check list as required by the city fire marshal;

3. Site Plan. The site plan shall be neatly dimensioned and drawn to an appropriate scale (preferred scale is one inch equals twenty feet) with a minimum size of eight-and-one-half inches by eleven inches and shall depict the subject parcel. The site plan shall indicate the location of the site, project address, location of all existing improvements, the type and location of all proposed improvements, type and location of all improvements proposed to be demolished or constructed, all existing and proposed uses on-site and all evidence of a mappable nature which may be required, including:

a. Location, height and material of existing and/or proposed fences and walls,

b. Location of off-street parking, the number of required parking spaces, the number of provided parking spaces, and the number of and location of handicapped spaces, type of paving, direction arrows depicting traffic flow, parking dimensions, and total parking lot square footage,

c. Location and type of parking lot lighting, including pole locations, pole height, light source, illumination level and fixture types,

d. Locations and width of drive approaches,

e. Method of stormwater disposal,

f. Location of existing and/or proposed public improvements (such as curbs, gutters, sidewalks, sewers, utility poles, fire hydrants, street lights, traffic-control signing, traffic signal devices, specific plan lines for streets and highways, etc.),

g. On-site drainage and method of sewage disposal,

h. Location of trash refuse area,

i. Landscaped areas,

j. Summary of all proposed buildings, including:

i. Total gross floor area,

ii. Number of floors and square footage per floor,

iii. Existing use or uses of the building(s) and their respective square footage,

iv. Proposed use or uses of the building(s) and their respective square footage,

v. Required and provided parking ratios for each building;

k. Elevations and floor plans, including description of room use, of all proposed or existing buildings or additions to existing buildings. In the case of building additions, the plans shall clearly show existing and proposed areas and any areas proposed for demolition;

4. Landscape Plan. The applicant shall provide a landscape plan as set forth in Chapter 17.61 of this code which demonstrates the project complies with the requirements of that chapter and/or landscaping requirements set out in the zoning ordinance or specific plans for that area;

5. Environmental Information. The applicant shall provide such information as may be required by the planning director in satisfaction of the requirements of the California Environmental Quality Act (CEQA);

6. Additional Information. The applicant shall provide any other information as required by the planning director that is necessary to ensure that the project can be adequately evaluated;

7. Fees. The applicant shall pay a fee not to exceed the cost of processing and reviewing the plan as set forth in Chapter 3.70 of this code.

1. Acceptance. Applications shall be submitted to the planning director. Within thirty days, the planning director shall determine whether the application is complete and conforms to these requirements. No application shall be deemed complete unless the project is consistent with the general plan and zoning ordinance as implemented by adopted regulations of the city. If the application does not conform to the requirements of this chapter or is inconsistent with the general plan or zoning regulations, the planning director shall notify the applicant what additional requirements or applications may be necessary to comply with this section. If the application is complete, he/she shall accept it for processing.

2. Referral and Review. After the application is deemed complete, the planning director shall transmit one copy of the application to the site plan review committee which is established and shall consist of the planning director, building director, fire chief and public works director, or their designated representatives. The site plan review committee shall review and provide comments on such application to the planning director.

3. Environmental Review. The planning director shall conduct CEQA review pursuant to CEQA implementation guidelines and state law if the project is subject to CEQA.

4. Approval. After considering the recommendations from the site plan review committee and the planning director, and after approving any necessary CEQA documents, the development services director may approve, conditionally approve or deny the site plan. The development services director may impose time limits within which specified improvements shall be installed. Failure to complete installation of such improvements within the specified time limit shall void both the site plan approval and any building permit issued. A site plan may only be denied if the proposed project does not comply with city codes, standards or policies, or CEQA. The action of the development services director approving or denying site plan, if not appealed as provided hereinafter, shall be final.

5. Building Permit Review. Upon submittal by the applicant for a building permit for a project for which site plan approval has been given, the building director will transmit a copy of the construction plans to the site plan review committee who will review the plans for compliance with the conditions, requirements and mitigation measures imposed on the site plan. If the committee determines the applicant has not complied with one or more of the applicable codes, standards, mitigation measures or other conditions imposed by the development services director, the planning director shall notify the applicant in writing that the plans will be suspended from further processing until such compliance is satisfied. No certificate of occupancy shall be issued by the building director until all conditions, requirements and mitigation measures imposed on the site plan have been accomplished.

6. Commencement of Construction. No development or construction, including grading, for which site plan approval is required, may begin until the process set forth in this chapter has been completed, the time period for appeal has expired, and all other permits and licenses required for the project to commence have been obtained.

1. Revisions Prior to Decision. The applicant may submit revisions to the site plan application at any time before the site plan is approved or denied. The planning director may determine that the revisions require study by the staff or comment by one or more city departments and/or other public agencies, or further CEQA review, and may therefore reprocess the application as necessary, including recirculating any environmental document for public comment.

2. Revisions After Denial of the Site Plan. The applicant may resubmit the proposal with revisions together with any required processing fees. Such resubmittal shall be acted upon in the same manner as the original application.

3. Revisions After Approval of the Site Plan. At any time after approval, but before the approved site plan expires, the applicant may submit revisions to the plan. Such revisions shall be acted upon in the same manner as the original application; provided, however, minor revisions resulting from physical obstacles, compliance with conditions or mitigation measures, or other comparable constraints may be approved by the planning director. Revisions as provided in this subsection shall not extend the time the site plan expires.

D. Expiration of Site Plan. Approved site plans shall expire unless building permits have been issued on the project, or on projects not requiring a building permit construction has commenced on-site, within two years of the date of approval and the entire project completed not more than five years from the date of approval of the site plan. Time requirements may be extended for a period of one year by the planning director through resubmittal of final plans for check against current code requirements and/or written justification for the requested extension. No fees will be levied for such a compliance check and extension. Changes to the plans originally approved for purposes other than code requirements shall require an application for revisions pursuant to this chapter. Upon expiration of the building permit, a new site plan approval must be obtained. In any event, such site plan shall expire upon the rezoning of the site following approval of the site plan unless the proposed use is a permitted use in the subsequent zone.

1. Any person not satisfied with the decision of the development services director may, within ten days of the date of that decision, appeal to the city planning commission by filing a written notice of appeal and payment of fees with the planning director setting forth the precise basis and issues on appeal and requesting a hearing thereon. The planning commission shall, as soon as possible, hold a noticed public hearing thereon. Only appeals of issues subject to review by the planning commission will be accepted for filing.

2. Notice of the date, time and place of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property, the owner’s duly authorized agent, the project applicant, and the appellant. Notice shall also be mailed to every person filing with the planning director a written request for notice, and those within the noticed area if the site plan was initially subject to a public hearing.

3. Review by the planning commission of an appealed site plan is limited to a determination of whether or not an adopted development standard, zoning regulation, or policy applied or not applied to the project was done consistent with authority granted by city ordinance. No authority is granted to add, delete, change or modify adopted standards, regulations or policies except as required to comply with conditions necessary to mitigate unavoidable environmental impacts. After hearing the appeal, the planning commission may deny, grant or partially grant the appeal by directing changes to the project or to the CEQA document adopted or to the mitigation measures as necessitated by their findings regarding the issues appealed. All findings, CEQA determinations and conditions made by the development services director not appealed to the planning commission shall remain in full force and effect and shall not be modified by the planning commission. The decision by the planning commission shall be final.

4. Any person not satisfied with the decision of the planning commission may, within ten days of the date of that decision, appeal to the city council. All procedures for notice, review of the appeal, and the holding of the public hearing within subsection E shall also apply to the city council.

5. Failure to file an appeal within the time period prescribed therefor shall be deemed a waiver of the right of appeal. (Ord. 4939 § 9, 2018; Ord. 4714 § 1, 2012; Ord. 3835 § 6, 1998)