§ 19.122

A.

Purpose. The purpose of this Chapter is to provide a process for the appropriate review of development projects by the applicable City review authority specified in Table 7-2 (Review Authority for Site Plan and Design Review), below.

B.

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

1.

Promotes the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable specific plan, and the standards specified in this Development Code;

2.

Respects the physical and environmental characteristics of the site;

3.

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

4.

Exemplifies high-quality design practices;

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

6.

Minimizes or eliminates negative or undesirable visual impacts.

A.

Site plan and design review required. No one shall construct any structure or site improvement, or alter, move, rebuild, relocate, or significantly enlarge or modify any existing structure or site improvement specified in Table 7-2 (Review Authority for Site Plan and Design Review), below, unless a Site Plan and Design Review application is first reviewed and approved or conditionally approved by the applicable review authority in compliance with this Chapter.

B.

Compliance with chapter required. No Building or Grading Permit shall be issued until the requirements of this Chapter, as applicable, have been met.

A.

Applicable review authority. The applicable review authority for Site Plan and Design Review shall be as specified in Table 7-2 (Review Authority for Site Plan and Design Review), below, based on the type and/or size of structure or site improvement. Plans subject to review shall meet the standards of review identified in Section 19.122.040 D. Conditions of approval may be imposed through the review process to ensure that the project will be in compliance with those standards. The review authority's decision shall be subject to the findings specified in Subsection 19.122.050 E. Any review items requiring Director, ARB, or Commission review shall be subject to the application process specified in Section 19.122.040 (Application Filing, Processing, and Review). Any application or item subject to Site Plan and Design Review may be referred to a higher review authority in compliance with Subsection 19.122.050 B. (Referral of Application), below, or the review may be automatically elevated in compliance with Subsection C. (Discretionary Review by Other Review Authority), below.

1.

Staff review. Items listed as Department Staff review in Table 7-2 shall be subject to the review and approval of the Department (Community Development Department) Staff. At the discretion of the Director, proposals that are listed as Department Staff review items that may have the potential to be incompatible with or have an adverse effect on existing and surrounding property may be elevated to the level of Director or ARB review as provided for in Subparagraphs 2. and 3., below.

Director review. Items listed as Director review in Table 7-2 shall be subject to the review and approval of the Director. At the discretion of the Director, proposals that are listed as Director review items that may have the potential to be incompatible with or have an adverse effect on existing and surrounding property may be elevated to the level of ARB review as provided for in Subparagraph 3., below.

3.

ARB review. Items listed as ARB review in Table 7-2 shall be subject to the review and approval of the Architectural Review Board, as defined in Article 9 (Definitions). The Commission, when acting as ARB, shall also act as the review authority for appeals of Director decisions.

4.

Commission review. When accompanied by other quasi-judicial action items, or where elevated by the Director or ARB, Commission review shall be subject to the review and approval of the Commission after consideration at a scheduled Commission meeting. The Commission shall also act as the review authority for appeals of ARB decisions.

5.

Council review. When accompanied by other related legislative action items, the Council may provide the final review decision. The Council shall also act as the review authority for appeals of Commission decisions.

B.

Determination of review authority by director. The review authority for items not listed in Table 7-2 shall be determined by the Director.

Notes:

1.

"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 Chapter 19.144 (Appeals); "Recommend" means that the review authority should provide preliminary review and forward input to the decision-making review authority for consideration.

2.

The review authority may defer action and refer the request to the next higher review authority for the final decision in compliance with Subsection 19.122.050 B. (Referral of Application), below.

3.

Process allows Department Staff to include conditions of approval.

4.

Process to include findings, conditions of approval, and appeal period.

5.

Square footages provided in this table presume a calculation that is all inclusive of aggregate new construction area, including square footage of both habitable and non-habitable structures meeting the definition of new building construction.

6.

Facade and/or exterior improvements requiring Site Plan And Design Review include window and door change outs when a Building Permit is required.

(Ord. No. 907, § 4.F., 3-8-2022)

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A.

Application filing.

1.

Staff level reviews. Staff level review does not require a formal application; however, sufficient detail shall be provided to Department Staff in order to make a determination to approve, conditionally approve, or deny the Site Plan and Design Review.

2.

All other reviews. All other reviews shall require an application for a Site Plan and Design Review which shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Site Plan and Design Review applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.122.050 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

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.), the applicant shall file the information required by Subsection A. (Application Filing), above, together for concurrent review with the application for discretionary approval.

C.

Application review.

1.

Each application for a Site Plan and Design Review shall be reviewed to ensure that the application is consistent with the purpose of this Chapter; applicable development standards and regulations of this Development Code; and any adopted design guidelines and policies that may apply. Upon receipt of a complete application, the applicable review authority shall review the design, location, site plan configuration, and the effect of the proposed development on surrounding development by comparing the project plans to established development standards, regulations, and applicable design guidelines/policies.

2.

Regardless of whether an application is otherwise complete, the Director at his/her sole discretion may require installation of story poles, a massing model or a computer model for new residential and

nonresidential structures, and second-story additions to existing residential structures that exceed 1,000 square feet, when it is deemed necessary for application review.

3.

Written notice shall be sent to the applicant before consideration of the Site Plan and Design Review application by the applicable review authority in compliance with Chapter 19.146 (Public Notices and Hearings). Additional notice provisions are specified in Subsection F. (Public Hearing and Notice Provisions), below.

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 Chapter and various regulations of the City in compliance with Section 19.122.050 (Findings and Decision), below.

D.

Standards of review. When reviewing development plans that are subject to Site Plan and Design Review, the following criteria, in addition to other principles of good design, shall be considered as part of the review:

1.

Compatibility. Compatibility shall be ensured and determined by use of the following criteria:

a.

The arrangement, design, location, and size of all structures should be visually harmonious with the project site and with the surrounding sites and structures.

b.

New development, alteration, and/or enlargement of existing development should enhance and improve the appearance of the project's vicinity and be compatible with the character and quality of surrounding development.

c.

The proposed development should protect the development site as well as surrounding properties from noise, odor, vibration, and other impacts that may have an adverse impact.

d.

The height and bulk of proposed structures on the site should be in scale with the height and bulk of structures on surrounding sites, and should not visually dominate their sites or call undue attention.

e.

The location and configuration of structures should minimize interference with the privacy and views of occupants of surrounding structures.

2.

Architectural design and detail. Architectural design and detail shall be provided in all proposed development and shall be determined by use of the following criteria and in compliance with the applicable provisions of Chapter 19.44 (Architectural and Design Standards):

a.

Every effort should be given to design new structures in keeping with a recognized and established architectural style utilizing massing, materials, details, and similar elements of that style.

b.

Elements of good urban design and architecture should be implemented in all projects including, but not limited to building articulation, building colors, fenestration, massing, materials, and other architectural elements.

c.

Where no consistent architectural style or pattern is present, building design and massing should be used to complement existing development.

d.

Architectural treatment of all structures should be visually coordinated.

e.

Long, plain building walls should be avoided by incorporating building articulation (e.g., arcades, decks, material variation, porches, public art, roofline variation, varied setbacks, and windows) and other similar methods.

f.

Garish, inharmonious, or out-of-character colors should not be used on any structure, face, or roof visible from the street or from an adjoining site.

g.

Roof-mounted equipment shall be fully screened. Acceptable methods of screening may include parapet walls or some other creative manner as an architectural solution. Individual equipment screens may only be used for structures after all other methods of screening have been explored.

h.

Rooflines on a structure should create design interest and be compatible throughout the structure and with existing structures and surrounding development.

i.

The design of the structures, driveways, landscaping, lighting, loading facilities, parking areas, signs, solar facilities, and other sight features should show proper consideration for the functional aspects of the site (e.g., automobile, pedestrian and bicycle circulation) and the visual effect of the development on surrounding development.

j.

Amenities (e.g., arbors, architectural lighting, fountains, hardscape, public art, and trellis) and other design features should be provided on larger development projects.

k.

Green building practices, in addition to those required by Chapter 19.52 (Sustainable Development Standards) should be used when feasible.

l.

Electrical rooms with switchgear and similar items should be located within an electrical room and integrated into the building footprint.

m.

Interior roof access shall be used. Exterior roof ladders are prohibited.

3.

Landscape, lighting, parking, signs, and other design details. Landscaping, lighting, parking, signs, and other design details shall be provided in all proposed development and shall be determined by use of the following criteria:

a.

Equipment and utilities.

(1)

Utility boxes and other similar equipment should be located where they are well screened from public view.

(2)

Mechanical equipment on the site shall be appropriately screened from view.

(3)

When possible, all utilities should be installed underground.

b.

Fences/walls.

(1)

Fencing, walls, solid waste enclosures, and accessory structures should be harmonious with the principal structure and other structures on the site.

(2)

Retaining walls that are visible from public views should be limited in height, when possible. Decorative block should be used for all retaining walls. When taller retaining walls are necessary, they should be designed to reduce visual impact.

c.

Landscaping.

(1)

Landscaping should be designed in a way as to accent the property. Special effort should be given to colorful, creative, and varied planting designs that use native and native-compatible species that provide visual interest and water efficiency.

(2)

Attention shall be given to selecting parking lot trees that provide shade.

(3)

When mature trees are present on a site, every effort should be made to assess the value of the trees and, if reasonable, the trees should be incorporated into the proposed landscape plans.

(4)

Pedestrian paths should be incorporated into site design to provide access and visual interest and to provide the most effective pedestrian access to structures.

(5)

Decorative hardscape should be integrated into project areas to provide visual interest.

(6)

In the parking and driveway areas, decorative hardscape should be used at driveway access points and nodes in the parking area.

(7)

In pedestrian areas, decorative hardscape should be used near entries, within patio areas, and at other focal points in the project.

(8)

All landscaping shall conform to the provisions of Chapter 19.40 (Landscaping).

d.

Lighting.

(1)

Lighting shall be located so as to avoid glare and to reflect the light away from adjoining property and rights-of-way while recognizing the importance of security.

(2)

Wall-mounted lighting fixtures should be decorative and be compatible with the architectural style of the structure(s). Wall packs and fixtures that spread uncontrolled light shall be prohibited.

(3)

Pole-mounted lighting should be of an appropriate scale to compliment the structure that it serves. Wherever possible, decorative poles and fixtures should be used.

e.

Parking.

(1)

Parking and loading facilities should function efficiently with minimum obstruction of traffic on surrounding streets while facilitating on-site circulation.

(2)

Wherever possible, driveway access to parking areas should have as shallow of slope as possible to provide proper drainage and facilitate ease of access.

f.

Signs.

(1)

Signs should be creatively designed so as to improve the aesthetic aspects of the development as well as identify a business or location.

(2)

With a focus on graphic design, signs shall be clearly readable and shall utilize materials, textures, colors, and illumination that compliment the structure and site design.

(3)

During project design and review, consideration should also be given to the location and size of signs to ensure visual compatibility and vehicular and pedestrian safety.

(4)

For ground-mounted signs, landscape shall be incorporated with plans for the signs.

E.

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 specified in this Chapter.

F.

Public hearing and notice provisions.

1.

A public hearing shall not be required for any site plan and design review application, except when the site plan and design review application is accompanied by a companion quasi-judicial or legislative matter that would otherwise require a public hearing, and except for those items specified in Subparagraph 2., below; and for projects considered under Section 19.10.035 (Duplex Developments in Single-Family Residential Zones), and/or Chapter 19.88 (Urban Lot Splits).

2.

Required notice for specified site plan and design review applications shall apply to all non-single-family new construction structures or additions exceeding 500 square feet and when adjacent to a residential zone, notice shall be provided to all abutting residential property owners before the initial decision.

3.

When a public hearing is required, notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

G.

Appeal provisions. The review authority's decision may be appealed in compliance with Chapter 19.144 (Appeals).

(Ord. No. 907, § 4.G., 3-8-2022)

19.122.050 - Findings and decision.

A.

Meets requirements of this chapter. The review authority shall determine whether or not the application meets the requirements of this Chapter.

B.

Referral of application.

1.

The Director may defer action and refer the application to the next higher review authority for the final decision.

2.

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

3.

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

C.

Discretionary review by other review authority.

1.

If the application is filed concurrently with another discretionary land use application, the decision to

approve or deny the Site Plan and Design Review shall be made by the authority responsible for reviewing the other discretionary land use application (e.g., Conditional Use Permit, etc.) in compliance with the applicable review procedure for the other discretionary review and Table 7-1 (Review Authority).

2.

For example, a project for which applications for a Conditional Use Permit and Site Plan and Design Review for a new structure shall have both applications decided by the Commission, instead of the ARB being the final decision-making authority for the Site Plan and Design Review as otherwise required by Table 7-2 (Review Authority for Site Plan and Design Review). In the example cited, the ARB would still consider the Site Plan and Design Review for the new structure and forward a recommendation to the Commission for consideration of both the Conditional Use Permit and Site Plan and Design Review.

3.

The decision to approve or deny the Site Plan and Design Review shall be made in compliance with Subsection E (Required Findings), below.

D.

Review authority's action.

1.

An application for a Site Plan and Design Review may be approved, conditionally approved, or denied by the review authority.

2.

The Director, ARB, or Commission shall consider an application in a timely manner after it is deemed complete. A decision of the Director, ARB, or Commission shall be made in writing. An approval by Department Staff may be in the form of a signature, stamp, or similar form of documentation.

3.

The written decision including any findings and/or conditions of approval shall be mailed to the applicant and kept on file in the Department.

E.

Required findings. The review authority may approve a Site Plan and Design Review application, only after first making all of the following findings. The proposed development is:

1.

Consistent with the General Plan and is in compliance with all applicable provisions of this Development Code and all other City ordinances and regulations;

2.

To be constructed on a parcel that is adequate in shape, size, topography, and other circumstances to accommodate the proposed development;

3.

In compliance with the applicable criteria specified in Subsection 19.122.040 D. (Application Filing, Processing, and Review), above, and the site is suitable for the proposed development; and

4.

Designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring property.

In approving a Site Plan and Design Review application, the review authority, including a Staff-level review, may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 19.122.050 (Findings and Decision), above.

19.122.070 - Issuance of other required permits and approvals.

A.

Permits for grading, structures, and uses. Upon approval or conditional approval of a Site Plan and Design Review, or a revised Site Plan and Design Review, permits may be issued for grading, structures, and uses.

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 Chapter, 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.

D.

Determination by building official. Before a Building Permit may be issued for any structure in a development requiring Site Plan and Design Review, the Building Official shall make a determination that the proposed structure(s) is in compliance with the approved Site Plan and Design Review.

E.

Expiration. Construction of improvements permitted by a Site Plan and Design Review approval shall be "exercised" or commenced within 12 months of the actual date of approval in compliance with Section 19.130.060 (Expiration); provided, that this time limit may be increased or decreased, at the time of granting the approval, in order to allow the time limit to be concurrent with any other entitlement to construct identified in this Development Code.

F.

Extension. Upon receiving a written request before the expiration of any approval time period, the Director may grant an extension for a period not exceeding 12 additional months in compliance with Section 19.130.070 (Time Extensions); provided, that it is found that there has been no subsequent change in the findings, conditions of approval, and applicable regulations governing the approval.

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, or an intensity of use may be approved by the Director in compliance with Section 19.130.080 (Changes to an Approved Project).

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Site Plan and Design Review application.

Chapter 19.124 - TEMPORARY USE PERMITS

Sections:

19.124.010 - Purpose.

The purpose of this Chapter is to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter.