Division 7 — SITE PLANS/ARCHITECTURAL REVIEW

In order to ensure that all proposed uses which involve new construction requiring building permits are compatible with surrounding uses and the community as a whole and include adequate public improvements and infrastructure so as to prevent any conflict with the general plan and this article, the requirement for site plan review is here established.

All uses involving new construction that require building permits but not any discretionary approvals under this article shall not be permitted unless a site plan is approved pursuant to the provisions of this section.

(Ord. No. 09-358, § 10, 1-18-2009)

A.

The director of planning and community development shall be the reviewing authority for all administrative site plan requests.

B.

The planning commission shall be the reviewing authority for all other site plan review requests. Any determination by the director or the planning commission is subject to appeal pursuant to the provisions of this article.

(Ord. No. 09-358, § 10, 1-18-2009)

An application for site plan review and approval shall be filed with the department of planning and community development on a form prescribed by the planning department and shall include the following data and maps:

A.

Name and address of the applicant;

B.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way;

C.

Address and legal description of the property;

D.

Statement indicating the precise manner of compliance with each of the applicable provisions of this article together with any other data pertinent to the findings required for the approval of a site plan;

E.

Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking, landscaping and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Colored renderings and photos of all four

(4) sides of the building and the roof. Screening, landscaping and irrigation plans shall be included in the plans;

F.

The department may require additional information or plans to enable a determination as to whether a site plan should be approved. The director may authorize omissions of any or all of the plans and drawings required by this section if the director determines that such plans or drawings are not necessary.

The department shall make an investigation of the application and shall prepare a report thereof which shall be submitted to the reviewing authority.

The reviewing authority shall approve a site plan if it makes all of the findings specified in these sections. In approving a site plan, the reviewing authority may impose any reasonable conditions it deems appropriate, including but not limited to, requiring the payment of fees to mitigate or avoid adverse impacts on the community; requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulating traffic circulation; regulating signs; regulating hours and methods of operation, controlling potential nuisances; and prescribing development schedules and development standards. The reviewing authority shall make the following findings before approving a site plan:

A.

That the proposed use is consistent with the objectives and provisions of this article and the purposes of the land use district in which the use is located;

B.

That the proposed use and the manner in which it will be operated or maintained will not be detrimental to the public health, safety, or general welfare;

C.

That the proposed use shall not conflict with the character and design of the buildings and open space in the surrounding area;

D.

That the proposed use will comply with each of the applicable provisions of this chapter, except for approved variances or modifications;

E.

That the proposed use is consistent with the city's general plan;

F.

That the proposed use preserves and enhances the particular character and assets of the surrounding area and its harmonious development.

An architectural review procedure is hereby established for the following purposes:

A.

To recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit;

B.

To encourage the development of private and public property in harmony with the desired character of the city and in conformance with the standards provided in this article with due regard for the public and private interests involved;

C.

To promote attainment of those sections of the general plan which specifically refer to the preservation and enhancement of the particular character and unique assets of the city and its harmonious development, through encouraging private and public interests to assist in the implementation process;

D.

To assure that the public benefits derived from expenditures of public funds for the improvements and beautification of streets and other public structures and spaces shall be protected by the exercise of reasonable controls over the character and design of buildings and open spaces to include street landscaping, median strips, parks and other amenities and aesthetic improvements.

Except as otherwise provided in this article, no building permit shall be issued with respect to any new construction or sign on property located in any district unless an architectural review application is approved for the proposed construction in accordance with the provisions of this section. In those cases where a site plan review application is also required by this chapter, architectural review shall be combined with said application. Notwithstanding the foregoing, architectural review shall not be required for the alteration or repair of the interior only of an existing building or structure.

A.

Director's duties. The director shall review all architectural review applications and, where subject to approval of the planning commission, shall make recommendations thereon to the planning commission. The purpose of such review is to ensure that all proposed developments shall preserve or enhance the physical environment and aesthetic characteristics of the city. The director's architectural review of the following applications shall be final:

Alterations and repairs to existing buildings, structures or other improvements; and

2.

New signs related to existing buildings.

All other applications for architectural review shall be subject to the approval of the planning commission.

B.

Architectural review experts. The city may hire or contract with experts to assist the director and the planning commission in their review as needed. The architectural review experts may be architects, civil engineers, landscape architects or lay persons knowledgeable in the design field. The compensation of such experts may be established by contract or by resolution adopted by the city council. The experts' role may include assisting in the preapplication process, reviewing applications, providing input on applications, working with applicants, providing input in the making of required findings, attending planning commission and council meetings, and providing input in the determination that building plans conform with approved architectural plans, all as may be desirable or necessary in the discretion of the director.

C.

Planning commission duties and responsibilities. The planning commission shall review and approve or disapprove all architectural review applications not subject to final review by the director after receiving the recommendations thereon from the director. The purpose of such review is to ensure that all proposed developments preserve or enhance the physical environment and aesthetic characteristics of the city.

D.

Preapplication process. Prior to submitting a formal application, a potential applicant may, by letter, request an informal meeting with the director. Such request shall include:

1.

A fully dimensioned site plan showing:

a.

The immediate vicinity, showing the adjoining parcels and their land use;

b.

Grading and drainage, including flow arrows, cut-and-fill volumes and locations;

c.

Building footprint, planted and paved areas, and setbacks all accurately dimensioned;

d.

Building elevations of all four (4) sides of all buildings to scale, without any planting;

e.

Landscape concept plan, including areas designated for trees, shrubs and groundcover;

f.

Preliminary plant list;

g.

Site photographs from all four (4) directions, taken from the property boundaries, facing into the property;

h.

For hillside property, cross-sections to scale of the entire lot, including building(s) and streets;

i.

Written description of lighting concept, sign concepts and equipment screening concept;

j.

Additional materials as required by the director.

E.

Application information required. An application for architectural review shall be submitted to the department of planning and community development and shall include the following information and materials found to be applicable to the specific project by the department:

1.

A dimensioned site plan showing:

a.

Roof plan, at one-eighth-inch scale or larger, of building(s);

b.

Location of existing trees and structures;

c.

Location and dimensions of streets, alleys and highways;

d.

Location of off-street parking and loading facilities;

e.

Location of point of entry and exit for vehicles and internal circulation patterns;

f.

Location of walls and fences;

g.

Location of exterior lighting standards;

h.

Grading and slopes, existing and proposed;

i.

Location of existing easements, drainage and utilities;

j.

Street and road improvements.

2.

Dimensioned architectural drawings including:

a.

A plan to scale;

b.

Elevations to include all sides of the proposed project (including all buildings, structures, facilities, or other improvements) indicating materials and colors, including fully colored elevations of all building sides;

c.

Perspectives, models or other suitable graphic materials at the option of the department.

3.

A schematic landscape plan, designating areas to be landscaped, landscape materials, and sprinkler systems. Said plan shall comply with the provisions of section 9658 et seq.

4.

Site photographs in all four (4) directions.

5.

Fire protection facilities and capacities.

Property owner's name and address of all abutting property, as shown on the last equalized assessment roll.

7.

Sightline studies where rooftop equipment is proposed.

F.

Scope of review. An architectural review application shall be reviewed with respect to the following:

1.

Consistency with the general plan, any specific plans, and the design standards adopted by the city council;

2.

General site utilization;

3.

General architectural considerations including a review of the following:

a.

The height, bulk, and area of the building;

b.

The colors and materials to be used;

c.

The physical and architectural relationship of the proposal with existing and proposed structures;

d.

The site layout, orientation, and location of the buildings and their relationship with open areas, topography, and line of site;

e.

Height, materials, colors, and variations in boundary walls, fences or screen planting;

f.

Appropriateness of sign design and exterior lighting.

General landscape considerations.

G.

Findings. An architectural review application shall be approved if all of the following findings are made:

1.

That the proposed development is consistent with the general plan, any specific plans, and any design standards adopted by the city council;

2.

That the design and location of the proposed development and its relationship to existing or proposed developments and traffic in the vicinity thereof is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of existing or proposed developments in the vicinity thereof, and that it will not create traffic hazards or congestion;

3.

That the design of the proposed development is in keeping with the character of the surrounding neighborhood is not detrimental to the harmonious, orderly, and attractive development contemplated by this ordinance and the general plan of the city;

4.

That the design of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors;

5.

That the proposed use complies with all applicable requirements of the district in which it is located and all other applicable requirements;

6.

That the overall development of the subject property is designed to ensure the protection of the public health, safety, and general welfare.

H.

Conditions. In approving an architectural review application, conditions may be imposed that are deemed necessary to implement the intent and purpose of the architectural review procedure and to protect the public health, safety and general welfare.

I.

Conformity of building permit plans to architectural review approval. Any application for a building permit subject to this section shall be reviewed by the director for a determination as to whether such application

conforms to the prior architectural review approval by the director or planning commission. In order that such determination can be made, the building permit application shall incorporate the information and materials required by this section. No building permit shall be issued unless the director determines that such permit conforms with such architectural review approval.

J.

Consolidation of application. Whenever feasible, the director of planning and community development or the planning commission, as the case may be, shall consider an architectural review application for a proposed development project in connection with any other applications for discretionary permits or other land use approvals for the same project.

K.

Appeals.

1.

Any decision made by the director of community development on an architectural review application may be appealed by any interested person to the planning commission, upon the payment of the required fee, provided that such appeal is filed with the department of community development in writing, stating the grounds for appeal within fifteen (15) days of the director's decision. If such appeal is made, the planning commission may affirm, reverse or modify the director's decision in accordance with the provisions of this section.

2.

Any decision made by the planning commission on an architectural review application may be appealed by any interested person to the city council, upon payment of the required fee, provided that such appeal is filed with the department of community development in writing, stating the grounds for appeal, within fifteen (15) days of the commission's decision.

Within such fifteen-day period, the city council by majority vote may elect to review any decision made by the planning commission even if an appeal is not filed. If such appeal or election is made, the city council may affirm, reverse, or modify the commission's decision in accordance with the provisions of this section.

L.

Notices. Written notice of the decision made by the director of planning and community development, the planning commission, or the city council on an architectural review application shall be provided to the applicant and any other person who has duly filed an appeal pursuant to this section.

(Ord. No. 175, § 2, 8-22-90; Ord. No. 98-283, § 1, 6-10-98; Ord. No. 09-358, § 10, 1-18-2009)

9677.8. - Certificates of occupancy.

No certificate of occupancy shall be issued unless the new construction has satisfied the architectural review requirements of this chapter.

Editor's note— Section 2 of Ord. No. 98-283, adopted June 10, 1998, repealed § 9677.9 which pertained to establishment of design standards and derived from Ord. No. 120; adopted Feb. 3, 1987 and Ord. No. 185, adopted Apr. 24, 1991.