Title 19 — ZONING›Chapter 19.39 — ADMINISTRATION OF THE ZONING ORDINANCE
Commerce Municipal Code Div. 10 Site Plan Review
Commerce Municipal Code · 2026-10 edition · updated 2026-10-19 · Commerce
Cite as: Commerce Municipal Code Division 10 · Text as of 2026-10-19
Footnotes:
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Editor's note— Ord. No. 828, § 5, adopted Nov. 25, 2025, amended Div. 10 in its entirety to read as herein set out. Former Div. 10, §§ 19.39.640—19.39.720, pertained to similar subject matter, and derived from Ord. No. 544 § 1(part), adopted in 2000; and Ord. No. 612, § 8, adopted Oct. 7, 2008.
19.39.640 - Intent and purpose.¶
A. The site plan review process is established to provide a visual and factual document that may be used to determine and control the physical layout, design, and use of a lot or parcel of land, buildings, or structures. A site plan shall contain information that may include an application form, plans, drawings and diagrams, or pictures indicating uses, forms, dimensions, and other pertinent factors sufficient to provide a document that may be used to substantiate and corroborate facts and testimony vital to the administration of this Title 19.
B. A site plan is, or may be, required to determine whether or not a proposed development will properly comply with the provisions and development standards prescribed in this Title 19 or as prescribed by the site plan review approval.
(Ord. No. 828, § 5, 11-25-2025)
19.39.650 - Applicability.¶
A. Table 19.39.650A (Review Authority and Applicability for Site Plan Review) summarizes the review authority responsible for reviewing and making decisions on site plans and projects that are subject to site plan review.
Table 19.39.650A: Review Authority and Applicability for Site Plan Review
| Development Type | Application Type/ |
Application Type/ |
|---|---|---|
| Site Plan—Minor/ Community Development Director | Site Plan—Major/ Planning Commission | |
| Residential Construction | Residential Construction | Residential Construction |
| 1—10 units | Decision | Appeal |
| More than 10 units (2) | Recommend | Decision |
| Nonresidential New Construction | Nonresidential New Construction | Nonresidential New Construction |
| Less than 25,000 SF | Decision | Appeal |
| 25,000 SF or more | Recommend | Decision |
| Nonresidential Additions | Nonresidential Additions | Nonresidential Additions |
| Additions of less than 25,000 SF | Decision | Appeal |
| Additions of 25,000 SF or more | Recommend | Decision |
| Other | Other | Other |
| Telecommunications Antenna ( Chapter 19.27 ) | Recommend | Decision |
| Notes: 1. "Recommend" means that the review authority should provide preliminary review and forward input to the next higher review authority for consideration. "Decision" means that the review authority makes the final decision on the matter. "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in compliance with Chapter 19.39 , Division 4 (Appeals and Revocations). 2. For projects on properties identified in the Housing Element as "City-owned Rezone Site (Mixed Use)" or "Opportunity Site—Rezone for Mixed Use" sites, those projects are subject to California Government Code Section 65583.2(h) and (i). Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20% affordability to lower-income households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. Such projects shall be processed via Site Plan—Minor, regardless of number of units. |
B. Thresholds. Unless otherwise specified in this division, thresholds identified in Table 19.39.650A (Review Authority for Site Plan Review) shall be cumulative over a five-year period. The starting point for the five years shall be when the certificate of occupancy has been issued.
C. Projects Involving Planning Commission Review. The community development director may require submission of a site plan—major for any matter that otherwise involves the approval of the planning commission.
(Ord. No. 828, § 5, 11-25-2025)
19.39.660 - Initiation.¶
A. An application for site plan review may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.
B. An application shall be filed pursuant to the provisions of Division 2 (Applications, Processing, Filings, and Fees) of this Chapter 19.39.
(Ord. No. 828, § 5, 11-25-2025)
19.39.670 - Public meetings and notice.¶
A. Site Plan—Minor. Public hearings and notice shall not be required for a Site Plan—Minor. The Community Development Director shall issue a decision letter after deeming the application complete.
B. Site Plan—Major.
The community development director shall place the site plan review application on the planning commission agenda for consideration by the commission as a scheduled matter. Notice to surrounding property owners shall be provided pursuant to the provisions of Section 19.39.140(C) of this Title 19.
The planning commission shall review the application and proposal and receive evidence concerning the proposed site plan.
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 Division 4 (Appeals and Revocations) of this Chapter 19.39.
(Ord. No. 828, § 5, 11-25-2025)
19.39.680 - Basis for approval.¶
Approval or disapproval of any site plan review application shall be based upon the following factors and principles; however, consistent with Government Code Section 65589.5, the city will not deny or reduce the density of a qualifying housing project if it is consistent with the city's objective development standards and it contributes to meeting housing need:
A. Compliance with all of the applicable provisions of this Title 19, including, but not limited to, those set forth in Chapter 19.19 (Site Review and General Development Standards).
B. Suitability of the site for the particular use or development intended.
C. Physical layout of the total development, including the application of prescribed development standards. The project shall be so arranged to further the policies of the general plan and zoning regulations including, but not limited to, avoiding traffic congestion, ensuring the protection of public health, safety and general welfare, and preventing adverse effects on neighboring properties.
D. Consistency with all elements of the general plan.
E. Suitability and functional development design. However, such approval shall not be interpreted to require a particular style or type of architecture.
(Ord. No. 828, § 5, 11-25-2025)
19.39.690 - Approval attached to the property.¶
A site plan review approval that is valid and in effect and granted pursuant to the provisions of this Title 19 shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.
(Ord. No. 828, § 5, 11-25-2025)
19.39.700 - Modification.¶
The applicant may apply for a modification to an approved site plan by following the same submission and application procedures for site plan review consideration. The applicant's submission shall specify the particular modifications requested and the grounds that support the modification request.
(Ord. No. 828, § 5, 11-25-2025)
19.39.710 - Revocation.¶
The community development director shall have the authority to initiate proceedings to suspend or revoke a site plan review approval pursuant to provisions set forth in Sections 19.39.240 through 19.39.250, inclusive, of this Chapter 19.39.
(Ord. No. 828, § 5, 11-25-2025)
19.39.720 - Time limit for implementing site plan review approval.¶
A. The grantee of a site plan review approval shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void. For the purposes of this section, such a right shall be established if either:
A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the site plan was approved; or
In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the site plan was approved; or
In the event no building permit or occupancy is required, the site for which the site plan was approved is occupied; or
Prior to the date on which the site plan review approval will elapse, the grantee files an application to renew the permit pursuant to subsection B of this section.
B. A site plan review approval subject to lapse may be renewed up to an additional one-year period; provided, that the application for renewal is filed with the community development department prior to the expiration date.
C. The community development director may approve or deny an application for renewal of a site plan review approval. As part of the action, the director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the site plan and surrounding properties.
(Ord. No. 828, § 5, 11-25-2025)
19.39.730 - Reserved.¶
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