Chapter 10.94 — SITE PLAN AND DESIGN REVIEW

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

• B. Intent. The intent of this Chapter is to ensure that all approved site plans and structures:

1. Promote the orderly development of the City in compliance with the goals and objectives of the General Plan, any applicable specific plan, and the standards specified in this Zoning Code;

2. Protect property values and the health, safety, and welfare of the community at large;

3. Promote the aesthetic quality of development in the City;

4. Ensure the suitability of development for its intended purpose;

5. Exemplify the best professional high quality design practices;

6. Encourage the maintenance of a distinct neighborhood and/or community identity;

7. Minimize or eliminate negative or undesirable visual impacts; and

8. Ensure safe and convenient access and circulation for pedestrians and vehicles. (Ord. 935, § 3 (part), 2015)

A. Site Plan and Design Review Required. No one shall construct any structure, or move, rebuild, relocate, or enlarge or modify any existing structure or site (including accessory structures, facade improvements, and fences and walls) (as determined by the Director), 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. Referral to Director. The Building Official shall refer to the Director all applications for Building or Grading Permits subject to the requirements of this Chapter.

C. Compliance with Chapter Required. Building or Grading Permits, Business Licenses, or Certificates of Occupancy shall not be issued until the requirements of this Chapter have been met. (Ord. 935, § 3 (part), 2015)

A. 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 and existing structures to be reconstructed or remodeled (including accessory structures, facade improvements, and fences and walls) (as determined by the Director), or to increase structure height.

• B. Applicable Review Authority.

1. The applicable review authority shall be as specified in Table 6-2 (Review Authority for Site Plan and Design Review), below.

2. Definition of terms used in Table 6-2.

• a. Minor is defined as up to and including 25 percent.

• b. Major is defined as over 25 percent.

(Ord. 935 § 3 (part), 2015)

A. Application Filing. An application for a Site Plan and Design Review shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). 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 10.94.050 (Findings and Decision), below.

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. Only the formal application and associated fee for the other discretionary approval shall be required in order to comply with the Site Plan and Design Review filing requirements. If any other discretionary approval is requested, the entire application package (if a Conditional Use Permit is requested, the package would include the Conditional Use Permit and the Site Plan and Design Review applications) goes to the

review authority responsible for action on the discretionary approval. In the example cited, the Commission would be the review authority for the entire package of applications.

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 Chapter; applicable development standards and regulations of this Zoning Code; and any 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, streets, and alleys by comparing the project plans to established development standards, regulations, and applicable design guidelines/policies.

3. Within 30 days after the Site Plan and Design Review application has been deemed complete in compliance with Section 10.82.070 (Initial Application Review), 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 all applicable City regulations and policies.

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

• a. Compliance with this Chapter, this Zoning Code, Municipal Code Title 8 (Building Regulations), and all other applicable City regulations and policies;

• b. Efficiency of site layout and design;

• c. Compatibility with neighboring properties, streets, alleys, and developments;

• d. Efficiency and safety of public pedestrian and vehicular 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, circulation, 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.

• 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 Chapter.

• E. Public Hearing and Appeal Provisions.

1. Neither a notice nor a public hearing shall be required for the Director’s or Commission’s decision on a Site Plan and Design Review application, except for second story residential construction identified in Subparagraph 2., below.

2. The Director’s and Commission’s decision on a Site Plan and Design Review application for second story residential construction shall require notice of a public meeting, with mailings to all property owners located within 300 feet of the exterior boundary of the subject property. The applicant is responsible for all costs related to the mailed notice.

3. Companion applications shall receive notice in compliance with their respective requirements.

4. The review authority’s decision may be appealed, in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

A. Meets Requirements of this Chapter. The review authority shall determine whether or not the application meets the requirements of this Chapter in compliance with Section 10.82.070 (Initial Application Review).

B. Referral to the Commission. The Director may refer the Site Plan and Design Review application to the Commission for review and final decision at the Director’s sole discretion.

C. 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 other discretionary land use application (e.g., Conditional Use Permit, etc.) in compliance with the applicable review procedure for the other discretionary review. The decision to approve or deny the Site Plan and Design Review shall be made in compliance with Subsection D. (Required Findings), below.

D. 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:

1. Is allowed within the subject zone;

2. Is in compliance with all of the applicable criteria identified in Subparagraph 10.94.040 C. 4., above;

3. Is consistent with or an improvement to the character of the neighborhood, in terms of the structure(s) general

appearance;

4. Provides adequate consideration of applicable factors (e.g., noise, traffic, vehicular and pedestrian safety, vibration, etc.) including measures which are reasonably efficient and satisfactory in protecting the public health and safety; and

5. Ensures that the:

a. Architectural design and functional plan of the structure(s) and related improvements are of reasonable aesthetic quality and consistent with or an improvement to adjacent developments; and

b. Structure(s) and related improvements are suitable for the proposed use of the property and provide adequate consideration of the existing and contemplated uses of land and orderly development in the general area of the subject site.

E. Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

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 the findings required by Section 10.94.050 (Findings and Decision), above. (Ord. 935 § 3 (part), 2015)

A. Permits for Building and Grading. Upon approval or conditional approval of a Site Plan and Design Review, or a revised Site Plan and Design Review, the proposed project shall be eligible for filing of all required Building, and Grading 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 Chapter, except in compliance with the approved Site Plan and Design Review and the conditions imposed on the review. (Ord. 935 § 3 (part), 2015)

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 ofuse may be approved by the Director in compliance with Section 10.102.090 (Changes to an Approved Project). (Ord. 935 § 3 (part), 2015)

The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Site Plan and Design Review application. (Ord. 935 § 3 (part), 2015)