Chapter 19.18 — SITE DESIGN AND ARCHITECTURAL REVIEW

This chapter is adopted to promote the general health, safety, welfare, and economy of the residents of the community. The purposes of this chapter are to:

• A. Promote orderly and harmonious development of the City;

• B. Enhance the desirability of residence or investment in the City;

• C. Encourage the attainment of the most desirable use of land and improvements;

• D. Enhance the desirability of living conditions upon the immediate site or in adjacent areas; and

• E. Promote visual environments which are of high aesthetic quality and variety and which at the same time are considerate of each other.

(Ord. 2185)

The review of project site planning and architectural design is an integral part of the development approval process. Therefore, each project that requires approval of a building permit, unless exempted by Section 19.18.040 (such as single-family dwellings), shall require review and approval of the site plan and architectural design prior to the issuance of a building permit for any work on a new structure, or improvements to alter, enlarge, remodel, repair, partially demolish, or otherwise change the exterior of an existing structure. Infill residential development projects meeting the criteria established herein Section 19.18.070 are subject to a streamlined, ministerial approval process. (Ord. 2185; Ord. 2223; Ord. 2600)

A. Projects Requiring Building Permit Only. Site plan and architectural design review for uses permitted by right, which require only the issuance of a building permit shall be conducted by the Architectural Review and Historic Preservation Board (ARHPB), Planning Commission or, in the case of minor projects, by the Director. Residential developments which are subject to design review and do not require a discretionary permit do not constitute a project for the purposes of environmental review under the California Environmental Quality Act (CEQA).

B. Projects Requiring a Discretionary Permit. Site plan and architectural design review of projects which, in addition to a site plan and architectural design permit approval, require the issuance of a discretionary permit by the Commission or Council shall be conducted by the ARHPB or Director prior to the project's consideration by the Commission or Council.

(Ord. 2223; Ord. 2381 §2; Ord. 2410 §12)(Ord. 2435 §16, Ord. 2494, §4; Ord. 2600)

Minor projects do not require review and approval by the ARHPB and may be approved by the Director. Minor projects are those which because of their limited size and scope have minor aesthetic implications. Examples of such projects include, but are not limited to, the following:

• A. Alterations, repairs, and remodels that the Director determines to be of a minor nature, including signs;

• B. Additions to existing structures;

• C. Fences and walls;

• D. New construction on existing, partially developed parcels;

• E. Replacement-in-kind;

• F. Satellite dish antennas larger than 1 meter in diameter;

• G. Accessory residential units;

• H. Signs;

• I. Residential duplexes and triplexes that meet all applicable development standards;

• J. Commercial projects, not located on an arterial street or within 300 feet of a residential use, that meet all applicable development standards; and

• K. Residential projects within a master plan area which have adopted design guidelines.

If the Director determines that an otherwise minor project may have greater aesthetic implications, the director may refer the project to the ARHPB or Commission.

• (Ord. 2185; Ord. 2223; 2410 §13; Ord. 2511, §8; Ord. 2600)

Site plan and architectural design review are not required for:

A. Single-family dwellings, including manufactured housing, and accessory structures for single-family dwellings. Except that dwelling units which are on an infill residential flag lot as defined in section 19.76.180, or are subject to a planned development permit shall be subject to site plan and architectural design review.

(Ord. 2185; Ord. 2223, Ord. 2363 §2, Ord. 2494, §5, Ord. 2519, §10; Ord. 2549, §3; Ord. 2600)

Any person proposing to construct, alter, enlarge, remodel, or otherwise change a new or existing structure subject to site plan and architectural design review in compliance with this chapter, shall make application for project review with, or prior to, the application for a building permit.

• A. Review Procedures.

1. Factors to be Considered. Upon receipt of a complete application, the Commission, ARHPB or, in the case of a minor project, the Director, shall conduct a review of the location, design, site plan configuration, and effect of the proposed development by comparing the project plans to established development standards, design guidelines, and other applicable ordinances of the City, and the General Plan.

In the case of a planned development permit for a single-family detached project (see Chapter 19.28, Planned Development), the Commission shall conduct review of the proposed project including, but not limited to, building locations, conceptual elevations, locations of single and two-story homes, landscaping, pedestrian and vehicular circulation, site design and amenities, open space, fencing, architectural concept, range of building materials, and exterior colors.

2. Action, Findings, Conditions. The Director, ARHPB, or Commission may approve, approve with conditions, or deny a site design and architectural review application as follows:

a. Administrative Projects. For projects which do not require approval of a discretionary permit, the ARHPB or Director shall be the final approval authority and shall approve, approve with conditions, or disapprove the application. If a project is disapproved, the applicant shall be provided a written statement of findings to support the decision.

b. Discretionary Projects. For projects which require the approval of a discretionary permit from the Council or Commission, the ARHPB or Director may provide a written recommendation to the final review authority for their

consideration concurrently with the application for the discretionary permit. The report containing findings, recommendations, and conditions shall also be forwarded to the applicant prior to consideration by the final review authority. The Council or Commission may conduct the final site plan and architectural review or may refer the project to the ARHPB or Director for final approval.

3. Revised Plans. When findings or recommendations of the staff may substantially alter a proposed development, the Director may require the applicant to submit revised plans.

B. Partial Approval. The Commission, for projects requiring a discretionary permit, and the ARHPB, for projects requiring only a building permit, may authorize the issuance of a building permit on a portion of the project, pending review and approval of the remainder of the plans. No final inspection shall be made or certificate of occupancy issued until the remaining plans are approved and the project is completed in compliance with the approved plans.

g a discretionary permit, and the ARHPB, for projects requiring only a building permit, may authorize the issuance of a building permit on a portion of the project, pending review and approval of the remainder of the plans. No final inspection shall be made or certificate of occupancy issued until the remaining plans are approved and the project is completed in compliance with the approved plans.

C. Reference to Design Guidelines. In reviewing projects subject to the requirements of this chapter, the Commission, ARHPB and Director shall refer to any design guidelines that have been adopted by the City in order to provide guidance to applicants seeking to comply with the requirements of this chapter. Copies of any adopted design guidelines shall be made available to the public by the Department.

D. Preliminary Design Concept Review. A request for a preliminary review of a project may be filed with the Department prior to a submittal of a complete application, at the discretion of the applicant. The purpose of the preliminary consultation is to advise the project applicant of applicable development standards, design guidelines, and other specific design criteria that may affect the design of the project.

(Ord. 2185; Ord. 2223; Ord. 2382 §1; Ord. 2410 §14)

The ARHPB or Director, where authorized, shall determine whether or not a non- residential project, or residential project that does not qualify as an infill development project, adequately meets adopted City standards and design guidelines, based upon the following findings:

A. The proposed development is consistent with the General Plan, any applicable specific plan, and any applicable neighborhood or area plans;

B. The proposed development, including the character, scale, and quality of design, are consistent with the purpose/intent of this chapter and the City’s adopted design guidelines and development standards;

C. The architectural design of structures, including all elevations, materials and colors are visually compatible with surrounding development. Design elements, including screening of equipment, exterior lighting, signs, and awnings, have been incorporated into the project to further ensure its compatibility with the character and uses of adjacent development;

D. The location and configuration of structures are compatible with their sites and with surrounding sites and structures and do not unnecessarily block views from other structures or dominate their surroundings; and

E. The general landscape design, including the color, location, size, texture, type, and coverage of plant materials, and provisions for irrigation, maintenance, and protection of landscape elements, have been considered to ensure visual relief, to complement structures, and to provide an attractive environment.

(Ord. 2185; Ord. 2410 §15)(Ord. 2435 §17, Ord. 2494, §6; Ord. 2600)

Qualifying infill residential development projects are subject to a streamlined, ministerial approval process when the development complies with all applicable objective development standards and meets the criteria established herein.

A. Qualifying Criteria. An infill residential project shall meet the following criteria:

1. The project is a multi-family housing development containing two or more residential units.

2. The development and the site on which it is located is a legal parcel.

3. At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.

4. The site is zoned for residential use or residential mixed-use development, or, the site has a general plan designation that allows residential use or a mix of residential and nonresidential uses, and at least two-thirds of the square footage of the development is designated for residential use.

• B. Disqualifications. For the purposes of this section, a qualifying infill development project shall not be located on a site that is any of the following:

1. Either prime farmland or farmland of statewide importance, as defined by the United States Department of Agriculture land inventory and monitoring criteria, modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation.

2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

3. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code, except for sites with adopted fire hazard mitigation measures.

4. A hazardous waste site listed pursuant to Section 65962.5 or designated by the Department of Toxic Substances Control, unless specific conditions or determinations by relevant authorities apply.

5. Within a delineated earthquake fault zone, as determined by the State Geologist, unless complying with applicable seismic protection building code standards.

6. Within a special flood hazard area subject to the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency, unless meeting specific FEMA criteria or having a Letter of Map Revision.

7. Within a regulatory floodway as determined by FEMA, unless the development has received a no-rise certification.

8. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

9. Habitat for protected species identified by state or federal agencies or protected by relevant conservation acts.

10. Lands under conservation easement.

(Ord. 2600)

The ARHPB or Director, where authorized, shall determine whether or not an infill residential development project adequately meets adopted City standards and design guidelines, based upon the following findings:

A. The proposed development is consistent with all objective development criteria and policies of the General Plan, any applicable specific plan, and any applicable neighborhood or area plans;

B. The proposed development, including the character, scale, and type of design, are consistent with the objective development criteria of these regulations and the City's adopted design guidelines and development standards;

C. The landscape design complies with landscaping requirements, including aspects related to trees, plant materials, irrigation, and area standards; and

D. The location of structures and site elements ensure that roof or ground-mounted equipment and other exterior utilities are effectively screened from public views;

Determinations made by the ARHPB or Director under this section shall be made in accordance with State law, including the Housing Accountability Act (California Government Code Section 65589.5), which precludes the city

from denying a housing development project or reducing its density if the project meets all applicable objective development standards.

(Ord. 2600)

A. A building permit shall only be issued in compliance with the drawings and plans that have been approved.

• B. All work performed under a building permit for which drawings and plans have been approved shall conform to the approved drawings and plans.

C. Any modifications to or deviations from the drawings and plans approved under this chapter shall be approved by the ARHPB, or the Director if the original approval was made by the Director, or if the modification is determined to be minor by the Director in compliance with Section 19.30.060 (Changes to an approved project).

D. Upon completion of the work, the site and landscaping shall be maintained in compliance with the approved plans and any conditions of approval.

(Ord. 2185; Ord. 2410 §16)(Ord. 2435 §18; Ord. 2600)

If a building permit has not been applied for and issued within three years of site design and architectural review approval, the approval shall expire and become void. Extensions may be approved by the Zoning Administrator, in compliance with Chapter 19.30. (Permit Implementation, Time Limits, Extensions).

(Ord. 2185; Ord. 2397 §3, Ord. 2440 §10; Ord. 2600)