Chapter 17.79 — SITE PLAN AND ARCHITECTURAL REVIEW

Note: Editor's note—Ord. of 2-22-2011(1), adopted February 22, 2011, repealed the former Chapter 17.79, §§ 17.79.010—17.79.100, and enacted a new Chapter 17.79 as set out herein. The former Chapter 17.79 pertained to Coastal Zone Site Plan and Architectural Review. See Code Comparative Table for complete derivation.

• A. The purposes of a site plan and architectural review are to permit the city to evaluate site plans and designs of structures to assure compatibility, harmony in appearance in neighborhoods, reduce negative impacts on adjacent properties and coastal visual resources, reduce the unnecessary destruction of the environment and ground cover to avoid the creation of hazardous conditions and drainage problems, to protect views to and along the coast and scenic areas, to minimize the alteration of natural landforms, and to ensure that development is compatible with the character of its surroundings, and subordinate to the character of its setting in designated "highly scenic areas;" to avoid monotonous and otherwise non-aesthetic development injurious to the overall community; to provide a vehicle to encourage full development of streets servicing the properties, and to assure full installation of all public utilities necessary to serve such properties.

• B. Site plan review and architectural review provisions of this title shall apply to all permitted uses in the CZ-C2, CZ-HS, CZ-CW, CZ-O, CZ-NR, and the CZ-HD districts and shall be required of all uses subject to use permit. Site plan and architectural review does not substitute for or obviate the requirements for securing a coastal development permit consistent with all LCP requirements.

• (Ord. of 2-22-2011(1))

• A. The planning commission may establish a committee for such purposes consisting of the director of public works, the city planner, and two members of the planning commission. The members of the planning commission should be well-versed in the city's general plan and enabling legislation. The committee may invite individuals of known expertise from within the community to assist in making such evaluations necessary to make comments and recommendations on site plans and architectural renderings submitted for consideration.

• B. In the event that a member of the committee is required to review drawings of a project in which one of its members or its advisors has a business or professional interest, it shall seek the advice of a disinterested party. The committee will stand as established, and from time to time as conditions warrant, the planning commission may make such changes within such personnel as it deems fit.

• (Ord. of 2-22-2011(1))

• A. The applicant shall submit an application on a form provided by the director of public works, together with three copies of such site plans or elevations of buildings on which a review committee report is required. The site plan shall be drawn to a scale which shall equally indicate the full dimensions and information necessary for the committee to make an evaluation of the request. Architectural drawings shall be of such scale and contain such information to permit the committee to make a full evaluation of the outside appearance, color, texture of materials, and appurtenances necessary for the development of the structure.

• B. Scale drawings of all signs which will be included within the subject property shall also be submitted concurrently with the site plan and architectural plans of any proposed project.

• C. The visual resources impact analysis required by Section 17.84F.030 shall be provided for all development proposed on sites visible from publicly accessible vantage points including, but not limited to, streets and highways, trails, parklands, and coastal waters for which views to and along the coast and scenic areas may be potentially impacted.

• D. The review committee may require additional information if necessary to carry out the purposes of this chapter and/or may authorize the omission of any or all drawings required by this section if they are not necessary.

• (Ord. of 2-22-2011(1))

• A. The committee shall review the application as to consistency with the applicable zoning, resource protection, parking and landscaping, fencing, signage, street, sidewalk and public services requirements as set forth by this Municipal Code including, but not limited to, Chapter 17.84F , Coastal Resource Protection—Visual Resources.

• B. Where the city council has adopted a development plan and/or development standards for a specifically defined neighborhood within the city the application shall also be reviewed for consistency with the criteria of such plan or standards.

• C. Where a structure(s) forty-five years or older is proposed for remodel or demolition a review of the potential for impact upon a site listed on the National Historical Register or a site of local historical significance shall be made and considered in the architectural review decision. It is the goal of the city General Plan to encourage property owners and other land managers to preserve or rehabilitate important historical and cultural sites rather than destroying them.

• D. In such case that a waiver, variance or special permit review is required review of the project shall not be completed until final action upon the waiver, variance or special permit is taken by the Planning Commission or city council.

• (Ord. of 2-22-2011(1))

• A. Within fifteen days after the submission of drawings and applications for review by this committee the committee shall meet to review the project. Subsequent to the meeting it shall render a written report recommending approval, approval with conditions or disapproval. Action by the committee shall be final unless the applicant seeks redress from the action of the committee by making appeals as set forth in this chapter.

• B. Except as time requires to meet Section 17.79.035C . or D. above, if no action is taken by the committee thirty days after receipt of all drawings and applications it shall be deemed accepted and building permits may then be issued which are in compliance with the drawings submitted for review. If modifications are requested by the committee the time periods established shall not be resumed until revisions to the drawings as requested are resubmitted for consideration.

• C. Approved plans, together with such conditions, and signed by the planning director shall be dated and mailed to the applicant and one copy placed in the files of the planning commission.

• (Ord. of 2-22-2011(1))

• A. Within ten days following the date of a decision of the review committee on any site plan or architectural review application, the decision may be appealed to the planning commission by the applicant or any other interested party. An appeal shall be made on a form prescribed by the planning commission, and shall be filed with the secretary of said commission. The appeal shall state specifically where it is claimed that there was an error or abusive discretion by the committee and wherein its decision was not supported by evidence in the record.

• B. Following the receipt of such an appeal application, the planning commission at its next regular meeting shall set a date of hearing at which time the applicant may make his presentation and shall at that time present to the commission the site drawings and structural renderings and all other data which was presented to the committee, together with his arguments on said appeal. Should the planning commission find favor with the appeal, the commission shall order the secretary of the commission to sign the documents and date such documents and submit a copy to the applicant and one copy to the records of the planning commission.

• C. Should the decision of the planning commission be unfavorable to the applicant, the applicant may appeal such decision to the city council.

• (Ord. of 2-22-2011(1))

• A. Should an application for a site plan and architectural review meet with the disapproval of the planning commission or upon any of the modifications as decided by the commission, he may file with the city council a request for consideration by the city council. Such a request shall be on forms prescribed by the city council and the city council shall set a date of hearing upon such receipt.

• B. At the public hearing set for such an appeal, the city council shall be provided with all of the material, recommendations and data reviewed by the planning commission and they shall at such a hearing, either affirm, deny, or amend the recommendations of the planning commission. The city council shall, in setting their public hearing, follow the procedures prescribed as set forth in Chapter 17.82 .

• (Ord. of 2-22-2011(1))

Consideration of approval of a site plan or architectural review shall include the requirements for the dedication of additional rights-of-way for ingress/egress and view corridors, the improvement of all public rights-of-way, the installation of underground utilities, and the provision of water, sewage, and drainage facilities, and applicable restrictions on exterior building materials, illumination, and landscaping as set forth in Section 17.84F.050 .

(Ord. of 2-22-2011(1))

• A. Before a building permit shall be issued for any building or structure proposed as part of an approved site plan or architectural design, the building official shall determine that the proposed building location facilities and improvements are in conformity with the plans and conditions approved by the review committee, the planning commission, or the city council.

• B. Before a building may be occupied the building official shall certify that the site or structure has been developed in conformity with the plans and conditions approved in this chapter.

• (Ord. of 2-22-2011(1))

• A. A site plan or architectural design approval shall lapse and shall become void one year following the date on which approval by the committee, planning commission or city council became effective unless prior to the expiration of one year a building permit is issued by the building official, and the construction is commenced and diligently pursued toward completion on the site or structures which were the subject of the site plan or architectural design approval.

• B. Approval may be extended for an additional period for periods of one year upon written application to the planning commission before expiration of the first approval.

• (Ord. of 2-22-2011(1))

A site plan or architectural design approved pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon the change of ownership of the site which was the subject of the site plan or architectural design approval, subject to the provisions of 17.79.090.

(Ord. of 2-22-2011(1))