Chapter 18.120 — Architectural Review

Sections

18.120.010 – Intent

18.120.020 – Architectural Review Process 18.120.030 – Minor Changes by Director

• 18.120.040 – Post-Decision Procedures

The Council of the City of Santa Clara finds, determines and declares that in order to encourage the orderly and harmonious appearance of structures and property; maintain the public health, safety and welfare; maintain the property and improvement values throughout the City and to encourage the physical development of the City as intended by the General Plan; there is hereby established the Architectural Review Process, as described in Section 18.120.020 (Architectural Review Process), below.

• A. Review Authority. Architectural Review shall be the responsibility of the Director or designee ("Director").

• B. Before Any Other Action. Before action is taken on any application for the issuance of a permit for any sign, building, structure, or alteration of the exterior of a structure in any zone, plans and drawings of the sign, building, or alteration shall be submitted, in such form and detail as the Director may prescribe.

• C. No Public Hearing Required. The Director shall approve or deny the architectural design without a public hearing, unless the type of project is listed in Subsection D (Public Hearing Required), below.

• D. Public Hearing Required. The Director shall conduct a public hearing, titled the "Development Review Hearing," after providing notice in compliance with Chapter 18.146 (Public Notices and Hearings) for the following types of projects:

  1. New or expanded single-family homes resulting in:

  - **a.** Five or more bedrooms; 
  
  - **b.** Five or more bathrooms; 
  
  - **c.** Two or more bedrooms with direct exterior access; or 
  
  - **d.** A new second story or the expansion of an existing second story. 
  

  2. Residential parcel or subdivision maps and any associated development plans.

  3. New multi-family developments of any size.

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4. New freestanding non-residential development greater than 5,000 square feet in size.

5. Modifications or additions to existing non-residential development, where the modification or addition is greater than 20,000 square feet in size.

6. Demolition or major alterations to properties on the City's Historic Resources Inventory (HRI).

7. Demolition of an existing structure, other than a non-habitable accessory structure.

8. Any other project not listed above that the Director determines should be considered at a public hearing.

• E. Demolition Defined. For the purpose of this Chapter, "demolition" means removal of more than fifty percent of the exterior walls of a building.

  1. A wall, or portion of a wall, is deemed "removed" when its structure is removed or moved to another location or elevation on site, when the wall is enclosed behind newly constructed space, or when the exterior siding of the wall is removed.

  2. For the purposes of calculating the amount of exterior walls removed, the remaining exterior walls must be contiguous.

  3. Removal and replication of framing and/or siding for purposes of repair only does not constitute removal or demolition.

• F. Findings. In order to grant Architectural Review approval, the findings and determinations shall be that the proposed development, as specified in such plans and drawings to be approved, is based on the following standards of architectural design:

1. Any off-street parking areas, screening strips and other facilities and improvements necessary to secure the purpose and intent of this Zoning Code and the General Plan are a part of the proposed development;

2. The design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard;

3. The design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by this Zoning Code and the General Plan;

4. The granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort, or general welfare of persons residing or working in the neighborhood of said development and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood; and

5. The proposed development as specified in the plans and drawings, are consistent with the set of more detailed policies and criteria for Architectural Review as approved and updated from time to time by the Council, which set shall be maintained in the Department. The policies and criteria so approved shall be fully effective and operative to the same extent as if written into and made a part of this Zoning Code.

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• G. Director May Require Modification(s). The Director may require the applicant or owner of any such proposed development, as a condition to the approval of any such proposal, to modify buildings, parking areas, landscaping, signs, and other facilities and improvements deemed necessary to secure the purposes of this Zoning Code and the General Plan, and may require guarantees and evidence that such conditions will be complied with by the applicant.

• H. Unable to Make Required Findings. If the Director is unable to make the findings and determinations prerequisite to the granting of Architectural Review approval in compliance with Subsection E. (Findings), above, the application shall be denied.

I.

Decision Within 40 Days.

1. The Director shall render a decision on any application for Architectural Review approval within 40 days following a determination by the Department that the application is complete, except where the applicant consents to an extension of time.

2. Failure to render a decision within said period of 40 days and said period of extension consented to by applicant shall be deemed to be a decision of denial.

• J. Review Authority’s Action Shall be Final. The granting of any Architectural Review approval, when conforming to the provisions of this Chapter, shall be final and conclusive, except in the event of an appeal and referral as hereinafter provided.

• K. Appeals.

  1. Single-Family Residential Project,

  - **a.** In the event the applicant or any interested party are not satisfied with the decision of the Director or designee for a single-family residential project, they may within seven days after such decision, appeal in writing to the Planning Commission, in compliance with the procedures specified Chapter 18.144 (Appeals). 
  
  - **b.** In the event the applicant or any interested party are not satisfied with the decision of the Planning Commission for a single-family residential project, they may within seven days after such decision, appeal in writing to the Council, in compliance with the procedures specified in Chapter 18.144 (Appeals). 
  

  2. Other Than a Single-Family Residential Project.

  - **a.** For a project other than a single-family residential  project, in the event the applicant or any interested party are not satisfied with the decision of the Director they may within seven days after such decision, appeal in writing to the Council, in compliance with the procedures specified in Chapter 18.144 (Appeals). 
  
  - **b.** Said appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk. 
  

  3. Appeals Shall be Heard de Novo. All appeals of Architectural Review approvals will be heard de novo.

  4. Director May Refer to the Council. The Director may refer any application for Architectural Review consideration to the Council for its decision with the same effect as if an appeal had been taken.

L.

Following Action by Review Authority.

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1. No permit shall be issued, and no structure, building, or sign shall be constructed or used in any case hereinabove mentioned until such plans and drawings have been approved by the Director, or on referral to the Planning Commission or Council by the Director, and no appeal or review is pending and the time to appeal has expired.

2. In the event of an appeal by the applicant or others affected, or action to review is taken by the Planning Commission or Council, no such permit shall be granted until the matter has been finally acted upon and final approval has been received.

3. All signs, buildings, structures, and grounds shall be in compliance with the plans and drawings as finally approved.

• M. On File with the Department. All approvals shall be on file with the Department.

• N. Automatic Revocation. Any Architectural Review approval granted in compliance with the terms of this Zoning Code shall be automatically revoked and terminated if not used within two years of original grant or within the period of any authorized extensions thereof.

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