§ 9107.19 — Arcadia Zoning Code

9107.19.010 - Purpose and Intent. ¶

A.

Purpose. The purpose of this Section is to provide a process for the appropriate review of development projects.

B.

Intent. The intent of this Section is to ensure that all approved site and structural development:

1.

Respects the physical and environmental characteristics of the site;

2.

Ensures safe and convenient access and circulation for pedestrians and vehicles;

3.

Exemplifies the best professional high quality design practices;

4.

Allows for and encourages individual identity for specific uses and structures;

5.

Encourages the maintenance of a distinct neighborhood and/or community identity;

6.

Minimizes or eliminates negative or undesirable visual impacts; and

7.

Provides for the adequate dedication of land for public purposes and the provision of public infrastructure, associated with the subject development.

9107.19.020 - Applicability.

A.

Site Plan and Design Review Required. No one shall construct any structure, or relocate, rebuild, or significantly enlarge or modify any existing structure or site until a Site Plan and Design Review has been approved in compliance with this Section and Table 7-3 (Review Authority for Site Plan and Design Review), below.

B.

Referral to Director. The Building Official shall refer to the Director all applications for Building or Grading Permits subject to the requirements of this Section.

C.

Located within Homeowner's Associations (HOA's). Single-family residential properties/homes located within the City designated homeowner's association areas are not subject to the City's Site Plan and Design Review process. However, the Associations shall adhere to and apply the Design Guidelines as well as the Association's enabling resolution in their Design Review Process.

D.

Compliance with Section Required.

1.

Building or Grading Permits, Business Licenses, or Certificates of Occupancy shall not be issued until the requirements of this Section are met.

2.

Any permit or approval specified in Subparagraph 1., above, issued in violation of this provision shall be deemed void.

E.

Definitions. The term "significantly enlarge or modify" shall be defined as follows:

1.

Residential Enlargement or Modification. Residential enlargements or modifications larger than 500 square feet or 25 percent of the existing gross floor area before the addition, whichever is less;

2.

Nonresidential Enlargement or Modification. Nonresidential enlargement, modification, reconstruction, rehabilitation, or remodel equal to or exceeding 25 percent of the existing gross floor area of the structure before the construction; and

3.

Unimproved Nonresidential Property. In the case of improvements to unimproved nonresidential property or improvements to nonresidential property that would not require modification of a structure, all plans shall be reviewed.

F.

Use of the City's Design Guidelines.

1.

Established by Council Resolution. General design review criteria and related guidelines for residential and nonresidential projects shall be established by resolution of the Council.

2.

Influence Design. The City's Design Guidelines are intended to be used to generally influence the design of single-family, multifamily, commercial, industrial, and mixed use development, and the exterior alterations or re-development of land uses. The Design Guidelines should be used as a starting point for the creative design process and should not be looked upon as the only solution for design.

3.

Strive for Creativity and Innovation. Owners of properties should strive to be creative and innovative and look beyond franchise or boilerplate architectural, signage, and landscape architectural design treatment.

9107.19.030 - Authority.

A.

Site Plan and Design Review Required. Structures erected or modified to accommodate the land use activities listed in Division 2 (Zones, Allowable Uses, and Development Standards) shall require the approval of a Site Plan and Design Review.

B.

Required Before Issuance of Other Required Permits. Site Plan and Design Review approval shall be required before the issuance of a Building or Grading Permit, Business License, or Certificate of Occupancy for any new structure (not including fences or walls), and existing structures to be reconstructed or remodeled (including facade improvements) that increase the gross floor area by 500 square feet (for residential projects only) or 25 percent of the existing gross floor area of the structure before the construction, whichever is less, or to increase structure height.

C.

Applicable Review Authority.

1.

Applicable Review Authority.

a.

The applicable Review Authority shall be as specified in Table 7-3 (Review Authority for Site Plan and Design Review), below. The three levels of review specified in Table 7-3 shall be further defined as follows:

(1)

Director (Very Minor Review). Review and decision by the Director with no public notice or hearing required.

(2)

Director (Minor Review). Review and decision by the Director with public notice required, in compliance with Subparagraph 9107.19.040 E. 2., below, as specified for the review of single-family dwellings.

(3)

Commission (Major Review). Review and decision by the Commission with public notice and hearing required, in compliance with Section 9108.13 (Public Notices and Hearings).

b.

The applicable Review Authority may instead defer action and refer the application to the Review Authority that would normally consider the matter as if an appeal had been filed in compliance with Table 7-1 (Review Authority) and Table 7-3 (Review Authority for Site Plan and Design Review).

2.

Exceptions to Table 7-3. If the Site Plan and Design Review application is filed along with a companion discretionary land use application (e.g., Conditional Use Permit, etc.) the decision to approve or deny the Site Plan and Design Review shall be made by the Review Authority responsible for reviewing the companion discretionary land use application in compliance with the applicable review procedures for the companion discretionary review and Table 7-1 (Review Authority). The decision to approve or deny the Site Plan and Design Review shall be made in compliance with Subsection F. (Required findings), below.

Plan and Design Review shall be made by the Review Authority responsible for reviewing the companion discretionary land use application in compliance with the applicable review procedures for the companion discretionary review and Table 7-1 (Review Authority). The decision to approve or deny the Site Plan and Design Review shall be made in compliance with Subsection F. (Required findings), below.

Table 7-3 Review Authority for Site Plan and Design Review
Type of Construction Activity	Role of Review Authority(1)(2)(3)
	Director (Very Minor Review)	Director (Minor Review)	Commission (Major Review)
Antennas and Wireless Communication Facilities(4)
Panel - New panel with substantial changes resulting in an increase in dimensions of the existing facilities.	Recommend	Decision	Appeal
Standalone Facility.	Recommend	Recommend	Decision
All other Antennas and Wireless Communication Facilities are subject to the issuance of a Zoning Clearance.
Residential New Construction, Additions, and/or Accessory Structures
New single-family residence.	Recommend	Decision	Appeal
Minor frst foor single-family residential additions and detached accessory structures.	Decision	Appeal	Appeal
Second story addition to an existing residence.	Recommend	Decision	Appeal
All development located on hillsides having a natural slope gradient of 20 percent or greater.	Recommend	Decision	Appeal
Multifamily Residential New Construction, Additions, and/or Modifcations
Multifamily residential construction proposing up to 20 dwelling units, excluding parcel or tract maps.	Recommend	Decision	Appeal
Multifamily residential construction proposing 21 or more dwelling units.	Recommend	Recommend	Decision
Multifamily residential construction proposing 16 or more dwelling units in the DMU, CBD, MU, Residential Flex Overlay zones and DMU Overlay zone(5).	Recommend	Decision	Appeal

Any addition (main building or accessory structures) or change in number of units.	Recommend	Decision	Appeal
Other Residential Construction or Improvements
Covered patios, facade improvements, fences, gates, gazebos, patio enclosures, roofng materials, trellises, walls, window change outs, swimming pools, spa, decks, roofs, landscaping, and other types of exterior alterations, as deemed appropriate by the Director.	Decision	Appeal	Appeal
Nonresidential Construction
Nonresidential enlargements or modifcations, up to a maximum of 1,500 square feet or 25 percent of the existing gross foor area, whichever is less.	Decision	Appeal	Appeal
Nonresidential enlargements or modifcations, that exceeds 1,501 square feet or 25 percent of the existing gross foor area.	Recommend	Decision	Appeal
Nonresidential construction, up to a maximum of 20,000 square feet of gross foor area.	Decision	Appeal	Appeal
Nonresidential construction, 20,001 square feet or more of gross foor area.	Recommend	Decision	Appeal
All development projects in excess of two acres or structures in excess of 40,000 square feet.	Recommend	Recommend	Decision
Other Nonresidential Construction or Improvements
Cargo Containers.	Decision	Appeal	Appeal
Covered patios, facade improvements, fences, gates, gazebos, patio enclosures, roofng materials, trellises, walls, window change outs, awnings, decks, roofs, landscaping, parking, outdoor dining area, and other types of exterior alterations, as deemed appropriate by the Director.	Decision	Appeal	Appeal
Other Review
Shared/Joint and Of-Site Parking Plans.	Recommend	Decision	Appeal
Outdoor Dining.	Recommend	Decision	Appeal

Notes:

(1) "Recommend" means that the Review Authority makes a recommendation to a higher decision-making body; "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 decision-making body, in compliance with Section 9108.07 (Appeals).

(2) The Review Authority may defer action and refer the request to the next higher Review Authority for the final decision.

(3) Any decision of the Commission is appealable to the Council, in compliance with Section 9108.07 (Appeals).

(4) Antennas and Wireless Communication Facilities.

(a) Panel. A wireless communication facility where the antennae are mounted on the roof or top of a building or structure, or the side of a building or structure, other than on a standalone facility.

(b) Standalone Facility. A wireless communication facility where the antennae are mounted to a dedicated ground-based structure in order to elevate the antennae to a useable altitude (ie: monopole, cell tower, etc.).

(5) Multifamily Residential Development. Owner-occupied and rental multifamily uses (including those in a mixed-use format) in which 20 percent or more of units are affordable to lower-income households.

(Ord. No. 2400, § 4(Exh. A), 2-20-24)

9107.19.040 - Application Filing, Processing, and Review.

A.

Application Filing. An application for a Site Plan and Design Review shall be filed and processed in compliance with Section 9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Site Plan and Design Review applications, together with the required fee in compliance with the Fee Schedule. Additionally, the applicant shall reimburse the City for all costs associated with Site Plan and Design Review performed by the City's architectural and landscape design consultants before final approval of the Site Plan and Design Review. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 9107.19.050 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

B.

Review with Other Land Use Applications. If the project for which the request for Site Plan and Design Review is being made also requires some other discretionary approval (e.g., Conditional Use Permit, etc.), then the applicant shall file the information required by Subsection A (Application filing), above, together for concurrent review with the application for the companion discretionary approval. Only the formal application and associated fee for the companion discretionary approval shall be required in order to comply with the Site Plan and Design Review filing requirements.

C.

Application Review. Each application for a Site Plan and Design Review shall be reviewed to ensure that the application is consistent with the purpose of this Section; applicable development standards and regulations of this Development Code; and adopted Design Guidelines and policies that may apply.

1.

A Site Plan and Design Review is initiated when the Department receives a complete application package including the required information and materials specified in the Department handout and any additional information required by the applicable Review Authority in order to conduct a thorough review of the proposed project.

2.

Upon receipt of a complete application the applicable Review Authority shall review the location, design, site plan configuration and the effect of the proposed development on adjacent properties by comparing

the project plans to established development standards, regulations, and applicable Design Guidelines and policies.

3.

During the course of the review process, the Review Authority may require the submittal of additional information or revised plans. The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the Department within 90 days following the date of the notice or within the period of time designated by the Review Authority. Failure to submit the required information by the end of the business day on the 90th day, or within the period of time designated by the Review Authority, shall cause the City to consider the application withdrawn and of no further effect.

4.

After the Site Plan and Design Review application has been deemed complete, the Review Authority shall either approve or deny the Site Plan and Design Review application and, if approved, may impose conditions deemed reasonable and necessary to protect the public health, safety and general welfare and ensure compliance with this Section, adopted Design Guidelines, and various regulations of the City in compliance with Subsection 9107.19.050 (Findings and Decision), below.

5.

The following criteria shall be considered during the review of a Site Plan and Design Review application:

a.

Compliance with this Section, this Development Code, and all other applicable City regulations and policies;

b.

Consistency with the General Plan and any applicable specific plan;

c.

Consistency with any adopted Design Guidelines, policies, and standards.

d.

Efficient site and layout and design. In terms of the following:

(1)

The arrangement and relationship of proposed structures to one another and to other developments in the vicinity and whether the relationship is harmonious and based on good standards of design;

(2)

Efficiency and safety of public access and parking;

(3)

The adequacy of proposed driveways, landscaping, parking spaces, potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment;

(4)

Appropriate open space and use of water efficient landscaping;

e.

Compatibility with neighboring properties and developments; in terms of scale and aesthetic treatment of proposed structures with public areas.

D.

On-Site Inspection. An application for a Site Plan and Design Review may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Section.

E.

Public Notice, Tenant Notification, Hearing, and Appeal Provisions.

1.

Director's Site Plan and Design Reviews (Very Minor Review). Neither a public notice nor public hearing shall be required for the Director's decision on a Site Plan and Design Review (Very Minor Review) application.

2.

Single-Family Dwelling Exception. The only exception to the notice and public hearing provisions for the Director's decision specified in Subparagraph 1., above, is for Site Plan and Design Review for the construction of a new or modification (i.e., increase in floor area or the addition of a second story) of an existing single-family dwelling. In the case of a single-family dwelling, the following notice provisions shall apply:

a.

The City shall send a mailed notice stating that the Director will decide whether to approve, conditionally approve, or deny a Site Plan and Design Review for a single-family dwelling application on a date specified in the notice.

b.

The notice shall contain a request for comments on the application.

c.

In order to be considered, the comments shall be received by the Director no later than 14 days following the date specified in the notice.

d.

The notice shall be mailed to all owners of real property as shown on the latest assessment rolls of the City or of the County, located within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the Site Plan and Design Review application; and any other person(s) whose property might, in the judgment of the Director, be affected by the proposed project, in compliance with Section 9108.13 (Public Notices and Hearings).

3.

Director's Site Plan and Design Reviews (Minor Review). A public notice shall be required for the Director's decision on a Site Plan and Design Review (Minor Review) application, in compliance with Subparagraph 9107.19.040 E.2., above, as specified for the review of single-family dwellings.

4.

Tenant Notification. The property owner shall notify the tenants of the proposed project before the City can deem the project complete. The notice must be delivered to all existing tenants by Certified Mail from the United States Postal Service. The letter shall specify the type of development proposed and the contact information of the property owner.

5.

Commission's Site Plan and Design Reviews. A public notice and hearing shall be required for the Commission's decision and the Council's decision, if an appeal of the Commission's decision has been filed, on a Site Plan and Design Review application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

6.

Appeals. The Review Authority's decision may be appealed, in compliance with Section 9108.07 (Appeals).

(Ord. No. 2347, § 4(Exh. B), 6-6-17; Ord. No. 2375, § 4(Exh. A), 4-6-21)

9107.19.050 - Findings and Decision.

A.

Meets Requirements of this Section. The Review Authority shall determine whether or not the application meets the requirements of this Section in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

B.

Review Authority's Action within 30 days. Within 30 days following the filing of the completed application, the Review Authority shall approve, approve with conditions, or deny the Site Plan and Design Review application.

Referral to the Commission. If the Site Plan and Design Review application submitted is of significant consequence or magnitude or involves potential public controversy, the Director may defer action and refer the application to the Commission for review and final decision.

D.

Next Commission Agenda. The referral shall be placed on the agenda of the next available regular Commission meeting following the referral.

E.

Other Review Authority. The decision to approve or deny the Site Plan and Design Review shall be made by the authority responsible for reviewing the companion discretionary land use application (e.g., Conditional Use Permit, etc.) in compliance with the applicable review procedure for the companion discretionary review. The decision to approve or deny the Site Plan and Design Review shall be made in compliance with Subsection F. (Required findings), below.

F.

Required Findings. The Review Authority may approve a Site Plan and Design Review application, only if it first makes all of the following findings. The proposed development will:

1.

Be in compliance with all applicable development standards and regulation in the Development Code;

2.

Be consistent with the objectives and standards of the applicable Design Guidelines;

3.

Be compatible in terms of scale and aesthetic design with surrounding properties and developments;

4.

Have an adequate and efficient site layout in terms of access, vehicular circulation, parking and landscaping; and

5.

Be in compliance with all of the applicable criteria identified in Subparagraph 9107.19.040 C.5., above.

(Ord. No. 2375, § 4(Exh. A), 4-6-21)

9107.19.060 - Conditions of Approval. ¶

A.

May Impose Conditions. In approving a Site Plan and Design Review application, the Review Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance

with this Section and the findings required by Subsection 9107.19.050 (Findings and Decision), above.

B.

Requirements for Dedication and Infrastructure. The conditions may include requirements for the offers of adequate dedication of land for public purposes and the provision of public infrastructure to the extent necessitated by the development.

9107.19.070 - Issuance of Other Required Permits and Approvals.

A.

Permits or Approvals for Grading, Structures, and Uses. No permits or approvals shall be issued for any development involved in an application for a Site Plan and Design Review or a revised Site Plan and Design Review until and unless the same shall have become final, in compliance with Subsection 9108.11.030 (Effective Dates of Permits).

B.

Compliance with Site Plan and Design Review. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Section, except in compliance with the approved Site Plan and Design Review and the conditions imposed on the review.

C.

Determination by Director. Compliance shall be determined by the Director, or in the case of disagreement with the applicant, by the applicable Review Authority.

9107.19.080 - Minor Changes by Director. ¶

The Director may approve minor changes in a Site Plan and Design Review that do not involve an increase in structure area or height, an increase in the number of dwelling units, a significant architectural change, or an intensity of use in compliance with Subsection 9108.11.100 (Changes to an Approved Project).

9107.19.090 - Post Decision Procedures. ¶

The procedures and requirements in Section 9108.11 (Permit Implementation, Time Limits, and Extensions), and those related to appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply following the decision on a Site Plan and Design Review application.

Section 9107.20 - Site Plan and Design Review: Homeowners Association Areas

9107.20.010 - Purpose and Intent.

A.

Purpose. The purpose of this Section is to provide a process for the appropriate review of development projects within Homeowners Association Areas established by City Council Resolution.

B.

Intent. The intent of this Section is to ensure that all approved site and structural development:

1.

Respects the physical and environmental characteristics of the site;

2.

Ensures safe and convenient access and circulation for pedestrians and vehicles;

3.

Exemplifies the best professional high quality design practices;

4.

Allows for and encourages individual identity for specific uses and structures;

5.

Encourages the maintenance of a distinct neighborhood and/or community identity;

6.

Minimizes or eliminates negative or undesirable visual impacts; and

7.

Provides for the adequate dedication of land for public purposes and the provision of public infrastructure, associated with the subject development.

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

9107.20.020 - Applicability.

A.

Site Plan and Design Review Required. No one shall construct any structure, or relocate, rebuild, or enlarge or modify any existing structure or site, including façade improvement, fences and walls, landscaping, and hardscaping until a Design Review has been approved in compliance with this Section and Table 7-4 (Review Authority for Site Plan and Design Review: Homeowners Association Areas), below.

B.

Compliance with Section Required.

1.

Building or Grading Permits, Business Licenses, or Certificates of Occupancy shall not be issued until the requirements of this Section have been met.

2.

Any permit or approval specified in Subparagraph 1., above, issued in violation of this provision shall be deemed void.

C.

Use of the City's Design Guidelines.

1.

Established by Council Resolution. General design review criteria and related guidelines for residential projects shall be established by resolution of the Council.

2.

Influence Design. The City's Design Guidelines are intended to be used to adhered and applied to the design of single-family development, and the exterior alterations or re-development of land uses within Homeowners Association Areas. The Design Guidelines should be used as a starting point during design process and to ensure the design is compatible and harmonious with the context of that neighborhood and/or area.

3.

Strive for Creativity and Innovation. Owners of properties should strive to be creative and innovative and look beyond franchise or boilerplate architectural and landscape architectural design treatment.

(Ord. No. 2363, § 4(Exh. A), 11-5-19)