§ 5.40

Architecture and site approval (ASA) is required as specified in the Zoning Ordinance and Sections C12350.1 through C12-350.7 of the County Ordinance Code. ASA is typically required in conjunction with commercial, institutional, office, industrial or multiple family residential uses. The purpose of ASA is to maintain the character and integrity of zoning districts by promoting quality development in harmony with the surrounding area, through consideration of all aspects of site configuration and design, and to generally promote the public health, safety and welfare. The procedure commonly augments the use permit process by providing a means for establishing detailed conditions on proposed developments.

The following actions require ASA:

A.

Establishment or modification of a use in a zoning district requiring ASA.

B.

Establishment or modification of a use in conjunction with a use permit approval, unless the Planning Commission expressly determines when granting the use permit that the purpose of this chapter is fulfilled by the conditions of the use permit.

C.

New or major changes in signs for a legally established use.

D.

Single building site approval on slopes 30 percent or greater in certain zoning districts.

E.

Establishment or modification of a use in -h Historic Preservation Combining Districts where specified in the applicable zoning district.

F.

Any other circumstance where ASA is the entitlement specified in the Zoning Ordinance or County Ordinance Code.

(Ord. No. NS-1200.359, § 21, 12-6-16)

Proposed land uses and development will be reviewed and acted upon by the Zoning Administrator except where the proposed land use is concurrently subject to more than one discretionary land use approval or the procedures in Section 5.10.060 apply.

(Ord. No. NS-1200.359, § 22, 12-6-16)

ASA may be granted if the Zoning Administrator makes all of the following findings:

A.

Adequate traffic safety, on-site circulation, parking and loading areas, and insignificant effect of the development on traffic movement in the area;

B.

Appearance of proposed site development and structures, including signs, will not be detrimental to the character of the surrounding neighborhood or zoning district;

C.

Appearance and continued maintenance of proposed landscaping will not be detrimental to the character of the surrounding neighborhood or zoning district;

D.

No significant, unmitigated adverse public health, safety and environmental effects of proposed development;

E.

No adverse effect of the development on flood control, storm drainage, and surface water drainage;

F.

Adequate existing and proposed fire protection improvements to serve the development;

G.

No significant increase in noise levels;

H.

Conformance with zoning standards, unless such standards are expressly eligible for modification by the Zoning Administrator as specified in the Zoning Ordinance;

I.

Conformance with the general plan and any applicable area or specific plan, or, where applicable, city general plan conformance for property located within a city's urban service area; and

J.

Substantial conformance with the adopted "Guidelines for Architecture and Site Approval" and any other applicable guidelines adopted by the County.

(Ord. No. NS-1200.359, § 23, 12-6-16)

An ASA administrative review and approval for minor projects may be authorized by the Zoning Administrator subject to Zoning Administrator's discretion. The following categories of projects may qualify for an administrative review and approval:

A.

Projects involving a minor expansion/modification of an existing use or building where all of the following criteria are satisfied:

Involve a net increase of existing building area of no more than 2,000 square feet, cumulative at any one time, including additions to existing buildings or new separate buildings, including accessory buildings;

2.

Involve new building construction less than or equal to 35 feet in height;

3.

Require no environmental assessment;

4.

Create a demand for less than six additional vehicular parking spaces;

5.

Require no tree removal (defined as a designated heritage tree or a tree with diameter of 12 inches or greater at four and one-half feet above the ground);

6.

Require no significant site improvements to support the proposed development; and

7.

Are consistent with the land uses permitted in the zoning district or by an existing use permit and/or ASA.

B.

Projects defined under the Wireless Telecommunications Facilities - Collocation/Modification - Major use classification.

C.

Change from one authorized use to a different allowable use under the same or another use classification as defined in Chapter 2.10, provided that:

1.

All conditions of approval applicable to the authorized use have been fulfilled and maintained;

2.

The new use is substantially consistent with the conditions and standards applicable to the previously authorized use, and may be approved with limited changes to the conditions; and

3.

The new use can be accommodated with minimal structural or external changes to existing buildings, conditions, and no substantial changes to existing site improvements.

D.

Modification to or replacement of an existing approved sign, not including any existing support structure, for which the size, appearance, and general message/content area is substantially the same as the existing sign, as determined by the Zoning Administrator.

(Ord. No. NS-1200.319, § 17, 3-28-06; Ord. No. NS-1200.337, § 11, 12-18-12; Ord. No. NS-1200.349, § 14, 4-7-15; Ord. No. NS-1200.359, § 24, 12-6-16; Ord. No. NS-1200.366, § 7, 5-1-18)

Editor's note— Sec. 16 of Ord. No. NS-1200.367, adopted June 19, 2018, repealed § 5.40.060, Los Gates Hillside Specific Plan Area, as adopted by the original Zoning Ordinance.

Except where expressly specified within the conditions of approval, if a use operating under an architecture and site approval permit ceases for a period of 12 consecutive months, the architecture and site approval permit shall be deemed abandoned and shall automatically terminate.

(Ord. No. NS-1200.319, § 19, 3-28-06)

Refer to Chapter 5.20 for procedures common to all land use processes, including architecture and site approval. Such procedures include, among others, application, modifications, environmental assessment, public hearing and notification, appeals, notice of approval or denial, limitation of time for establishing the use, life of a permit, revocation and modification of permits, and renewal of permits.

(Ord. No. NS-1200.319, § 18, 3-28-06)

CHAPTER 5.45 - CLUSTER DEVELOPMENT PLAN[[7]]

Footnotes:

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Editor's note— Sec. 1 of Ord. No. NS-1200.338, adopted Sept. 10, 2013, amended Ch. 5.45 in its entirety to read as herein set out. Former Ch. 5.45 pertained to Cluster Permits, and derived from Ord. No. NS1200.312, adopted June 13, 2003; and Ord. No. NS-1200.323, adopted Jan. 29, 2008.