§ 9107.20 — Arcadia Zoning Code

9107.20.030 - Authority. ¶

A.

Site Plan and Design Review Required. Structures, fences or walls, or landscaping erected or modified within Homeowners Association Areas to accommodate the land use activities listed in Division 2 (Zones, Allowable Uses, and Development Standards) shall require the approval of a Design Review through the specified review process in Section 9107.03.010.

B.

Required Before Issuance of Other Required Permits. Design Review approval shall be required before the issuance of a Building or Grading Permit, or Certificate of Occupancy for any new structure, fences or walls, and existing structures to be reconstructed or remodeled (including facade improvements). Any exceptions shall be specified in Table 7-4 (Review Authority for Site Plan and Design Review: Homeowners Association Areas), below.

C.

Applicable Review Authority.

a.

The applicable Review Authority shall be as specified in Table 7-4 (Review Authority for Site Plan and Design Review: Homeowners Association Areas), below. The three levels of review specified in Table 7-4 shall be further defined as follows:

(1)

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

i.

The Director may instead defer action and refer the application to the HOA Architectural Review Board (ARB) Chairperson for review under the Short Review process listed below.

(2)

Short Review (Minor Review). Review and decision by the HOA ARB Chairperson with no public notice or hearing required.

i.

The HOA ARB Chairperson may instead defer action and refer the application to the Architectural Review Board for review under the Regular Review process listed below.

(3)

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

Table 7-4

Table 7-4
Review Authority for Site Plan and Design Review: Homeowners Association Areas
Types of Construction Activity	Review Authority(4)(5)
	City Review (Very Minor Review)	Short Review (Minor Review)	Regular Review (Major Review)
Fences and/or walls(1)(2)	Decision
In-Ground Swimming Pools and Spas without water features	Decision
In-Ground Swimming Pools and Spas with water features		Decision
Roof-mounted solar	Decision

Pool and Spa Equipment(3)	Decision
Mechanical equipment(3)	Decision
Sport courts and related features including but not limited to fencing and lighting		Decision
Single-story remodels and additions		Decision
Detached accessory structures - new, additions, and/or remodels		Decision
Above Ground Swimming Pools and Spas		Decision
Landscaping and Hardscaping(1)		Decision
Fountains, water features, or statues(1)		Decision
Ground-mounted solar		Decision
Roofng	Decision
Façade Improvements on existing structures, including but not limited to window replacements, paint and/or materials changes, etc.		Decision
New single-family residence			Decision
New second story or second story addition			Decision

Notes:

(1) Design Review shall not be required if it is not visible from a public right-of-way.

(2) Design Review shall not be required if it is 2 feet or less in height above the lowest adjacent grade.

(3) If an Administrative Modification is required, review by the Homeowners Association under the Short Review process shall be required prior to the City processing the Administrative Modification.

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

(5) All projects that are not listed to be eligible to be processed under the City Review or Short Review process shall be processed under the Regular Review process.

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

9107.20.040 - Application Filing, Processing, and Review.

A.

Application Filing. An application for a Site Plan and Design Review: Homeowners Association Areas 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 Design Review in Homeowners Association Areas, together with the required fee in compliance with the Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required. 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: Homeowners Association Areas is being made also requires some other discretionary approval by the Development Services Division (e.g., Certificate of Demolition, Protected Trees, Administrative Modifications, etc.), then the applicant shall submit copies of the requests to the applicable Review Authority for concurrent consideration.

C.

Application Review. Each application for a Site Plan and Design Review: Homeowners Association Areas shall be reviewed to ensure that the application is consistent with the purpose of this Section and adopted Design Guidelines and policies that may apply.

1.

A Site Plan and Design Review: Homeowners Association Areas is initiated when the ARB Chairperson receives a complete application package including the required information and materials on the Short Review and Regular Review application, information and materials for other land use applications to be concurrently considered, 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, the items listed under item no. 5 below, and the effect of the proposed development on adjacent properties by comparing the project plans to the 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 Review Authority 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 Review Authority to consider the application withdrawn and of no further effect.

4.

After the application has been deemed complete, the Review Authority shall either approve or deny the 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, City Council Resolution, and various regulations of the City in compliance with Subsection 9107.10.050 (Findings and Decision), below.

5.

The following criteria shall be considered during the review:

a.

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

b.

Efficient site layout and design;

c.

Compatibility with neighboring properties and developments;

d.

Efficiency and safety of public access and parking;

e.

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

f.

The compatibility in scale and aesthetic treatment of proposed structures with public areas;

g.

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;

h.

Appropriate open space and use of water efficient landscaping;

i.

Consistency with the General Plan and any applicable specific plan; and

j.

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

D.

On-Site Inspection. An application may require that the ARB Chairperson, or HOA Architectural Review Board 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, Hearing, and Appeal Provisions.

1.

City Review and Short Review. Neither a public notice nor public hearing shall be required for the Director's decision or the ARB Chairperson's decision on a City Review or Short Review application.

2.

Regular Reviews. A public notice and hearing shall be required for ARB's decision on a Regular 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).

3.

Appeals. The Review Authority's decision may be appealed to the Planning Commission and the City Council, in compliance with Section 9108.07 (Appeals).

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

9107.20.050 - 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 9107.10.060 (Initial Application Completeness Review).

B.

Review Authority's Action.

1.

City Review and Short Review. Within 14 calendar days following the filing of the completed application, the applicable Review Authority shall approve, approve with conditions, or deny the application.

2.

Regular Review. Within 30 calendar days following the filing of the completed application, the applicable Review Authority shall approve, approve with conditions, or deny the application.

C.

Referral to the Short Review process. If the application submitted for City Review (Very Minor Review) is of significant consequence or magnitude or involves potential public controversy, the Director may defer action and refer the application to the ARB Chairperson for review and final decision under the Short Review (Minor Review) process.

D.

Referral to the Regular Review process. If the application submitted for Short Review (Minor Review) is of significant consequence or magnitude or involves potential public controversy, the ARB Chairperson may defer action and refer the application to the Architectural Review Board for review and final decision under the Regular Review (Major Review) process.

1.

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

E.

Required Findings. The Review Authority may approve an application, only if it first makes finding that the proposed development will be consistent with the City adopted Design Guidelines.

F.

Notice of the Decision.

1.

Short Review. Within 10 days after final action by the applicable ARB Chairperson on an application, notice of the decision form shall be mailed to the applicant at the address shown upon the application, the Development Services Department, and to all other persons who have filed a written request for notices of decision with the ARB Chairperson.

2.

Regular Review. Within 10 days after final action by the applicable ARB on an application, notice of the decision and Findings and Action form shall be mailed to the applicant at the address shown upon the application, the Development Service Department, and to all other persons who have filed a written request for notices of decision with the ARB.

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

9107.20.060 - Conditions of Approval. ¶

A.

May Impose Conditions. In approving an 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 9107.20.050 (Findings and Decision), above.

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

9107.20.070 - 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: Homeowners Association Areas or a revised Site Plan and Design Review: Homeowners Association Areas 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 Homeowners Association Areas. 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: Homeowners Association Areas and the conditions imposed on the review.

C.

Determination by Director. Compliance shall be determined by the Director.

(Ord. No. 2363, § 4(Exh. A), 11-5-19)