Shafter Zoning Code § 2.80 Design Review

1. Purpose and Intent

   • a. Reasonably ensure that construction of new buildings or structures and additions, renovations, and restorations to existing buildings or structures, including residential, institutional, commercial, and industrial development, (referred hereinafter in Section 2.80 of this Chapter as ”development”) does not have an adverse aesthetic, health, safety or architecturally related negative impact upon existing adjoining properties, or the City in general.

   • b. Ensure appropriate site planning techniques in order to promote future development of adjacent properties by providing for such techniques as reciprocal access, integrated parking, building, and siting.

   • c. Minimize the effects of grading by discouraging mass grading to ensure that the natural character of terrain is retained.

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• d. Encourage improved drainage from lots directly to a street storm drain, or through public or privately maintained easements.

• e. Encourage the use of a variety of housing styles, split level grading techniques, varied lot sizes, site design densities, varied setbacks, maintenance of views and arrangement, and spacing to reduce impacts on adjacent developed properties.

• f. Encourage the use of energy conservation techniques in all new development.

• g. Assist private and public developments to be more cognizant of public concerns for the aesthetics of development.

2. Projects Requiring Design Review

No building permit for residential or commercial development shall be issued until the proposed development has received, as part of the building permit review process, design review approval pursuant to the provisions of this Chapter.

3. Planning Commission Review

   • a. The Planning Commission shall review an application for design review for projects that otherwise require approval by the Planning Commission.

   • b. The Planning Commission is authorized to approve or deny applications for design review, for reasonable accommodation under the Fair Housing Acts, and to impose reasonable conditions upon such approval, subject to the right of appeal, as provided in Section 2.180 of this Chapter. Conditions may include, but not be limited to, requirements for open space; screening and buffering of adjacent properties; fences and walls; landscaping; installation and maintenance of landscaping and erosion control measures; vehicular ingress and egress; traffic circulation; signs; grading requirements; establishment of development schedules or time limits for performance or completion of improvements; and such other conditions as the Planning Commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to enable the Planning Commission to make the findings necessary for approval.

• Planning Director Review

• a. The Planning Director shall review all applications for a building permit, as described in Section 1.150 of this Title.

• b. The Planning Director is authorized to approve or deny applications for design review and to impose reasonable conditions upon such approval, subject to the right of appeal as provided in Section 2.180 of this Chapter. Conditions may include, but not be limited to,

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requirements for open space; screening and buffering of adjacent properties; fences and walls; landscaping; installation and maintenance of landscaping and erosion control measures; vehicular ingress and egress; traffic circulation; signs; grading requirements; establishment of development schedules or time limits for performance or completion of improvements; and such other conditions as the Planning Director may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to enable the Planning Director to make the findings necessary for approval. The Planning Director may, at his or her discretion, refer any design review decision to the Planning Commission.

5. Design Criteria

   • a. The design and layout of a proposed development shall be consistent with the General Plan, the provisions of this Title, Title 17 of the Shafter Municipal Code, City Design Guidelines, and any adopted architectural criteria for specialized areas such as designated historic districts, theme areas, specific plans, or planned developments.

   • b. New, renovated, or remodeled development shall demonstrate that the following general design criteria have been integrated into the design and layout of the proposed development.

     • (1) Establish an architectural and siting design theme that is compatible with surrounding existing and planned development which includes the following elements.

       • (a) A relationship to prominent design features existing in the immediate area (i.e., trees, land form, key elements of adjacent development, etc.);

       • (b) A relationship to existing structures and neighborhood character. This includes prohibiting any device being or resembling security bars, gates, or other similar security devices from being placed over or on windows or doors on the exterior of any building, or the interior of any building if visible from a public street or public right-of-way; excepting doors and windows on the ground level portion of the rear of a building facing an alley;

       • (c) A relationship to the natural environment (i.e., washes, native vegetation, and community landscaping).

     • (2) Design the development to create pleasing transitions to surrounding development by incorporating the following elements.

       • (a) The bulk of new structure(s) relates to the prevailing or planned scale of adjacent development;

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• (b) Setbacks from streets and adjacent properties relate to the scale of the structure and the function of the street and encourage pedestrian scale and uses; and

• (c) Tall structures are made less imposing by physically stepping them back from the street.

• (3) Respect the identified views and view corridors of existing developments to the greatest extent possible. Where applicable, view corridors oriented toward existing or proposed community amenities, such as parks, open space, or natural features, are to be enhanced.

• (4) Create subtle variations in architectural and landscape components that provide visual interest, but do not create abrupt changes or cause discord in the overall character of the neighborhood.

• (5) Provide appropriate transitions between different projects by providing buffer areas, landscaping, and other similar treatments (e.g., hedges, walls, fences, berms, or landscaped open space).

• (6) Provide a harmonious appearance of the development with the surrounding environment and existing developments based on the compatibility of individual structures rather than one specific style of architecture.

• (7) Avoid uninterrupted fences and walls, unless they are needed for specific screening, safety, or sound attenuation purpose. Where needed, fences or walls shall be required to:

  • (a) Relate to both the site being developed and surrounding developments, open spaces, streets, and pedestrian ways;

  • (b) Respect existing view corridors to the greatest extent possible; and

  • (c) Incorporate landscape elements or changes in materials, color, or texture in order to discourage graffiti, and prevent undue glare, heat, reflection, or aesthetic inconsistencies.

• (8) Incorporate the following lighting concerns into development proposals.

  • (a) Lighting fixtures are to be attractively designed to complement the overall design theme of the project;

  • (b) Lighting shall create a festive atmosphere within commercial areas by outlining buildings, trees, or other

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architectural features to encourage nighttime use of those areas by pedestrians; and

• (c) On-site lighting shall create a safe environment, adhering to established crime prevention standards, but shall not result in nuisance levels of light or glare on adjacent properties.

• (9) Architectural plans for development shall be required to incorporate the following building elevation and screening criteria:

  • (a) All exterior wall elevations of buildings and screen walls shall have architectural treatments that enhance the appearance of tile building or wall;

  • (b) Compatible materials and consistent style shall be evident within a development in all exterior elevations; and

  • (c) Within multifamily, commercial, office, and mixed use business park developments, trash enclosures, loading areas, mechanical equipment, and outdoor storage areas shall be screened from view from public streets, and from other public views, as appropriate.

6. Residential Subdivision Land Use Design Criteria

It is the intent of the General Plan and the provisions of this Chapter to encourage a variety of residential development types which are innovative in design and compatible with surrounding neighborhoods while being conducive to creating a balanced housing market in the City. The following represents components of design requirements for all residential subdivisions, excepting the exemptions contained in Section 2.80.6.e.(2) and (3).

• a. Housing within new residential subdivisions should, where possible, be situated with recognizable variations in front and side yard building setbacks.

• b. Residential developments should, where possible, maximize a feeling of openness by orienting road axes to open space areas and areas of visual interest.

• c. The use of roof forms, including shed, gable, and hip roofs, alone or in combination shall be used to achieve a variety of roof lines for houses adjacent to public streets. All such roofs shall be of a concrete tile, approved shake, or a twenty-five (25) year minimum architectural style composition shingle with dimensional variations, such as the Prestique I High Definition manufactured by ELK Corporation in Shafter, its equivalent or better. All other proposed roofing materials

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shall be subject to review and approval by the City Board of Building Appeals.

• d. To reduce architectural massing at street corners and to create congruity where a two-story structure is next to a one-story structure, the incorporation of a one-story element into the two-story structure shall be required when feasible.

• e. The minimum size for construction of a new house in the City shall be 1,150 square feet. The average house size shall be a minimum of 1,325 square feet within any subdivision comprised of thirteen (13) or more lots in accordance with the provisions of Table 4.B, Chapter 4 of this Title. If a subdivider/developer of a subdivision of thirteen (13) or more lots has constructed twenty-five percent (25%) of the lots with housing that does not average 1,325 square feet in size, the subdivider/developer shall be required to prepare and submit to the City Planning Department for approval, a plan demonstrating how the minimum 1,325 square foot average house size will be provided in that subdivision before any additional building permits are issued for that subdivision by the City.

The following are exemptions for meeting the requirements contained in Section 2.80.6.e above:

• (1) Any tentative tract map, or phase of a tentative tract map, that was recorded prior to the effective date of Ordinance No. 484 (Zone Change No. 96-8 effective March 27, 1997), shall not be subject to the provisions of Section 2.80.6.e of this Chapter, but shall instead be subject to the provisions of Section 2.80.6.e in effect prior to the effective date of Zone Change No. 96-8, for any building permits that may be obtained within five (5) years of the effective date of Zone Change No. 96-8.

• (2) Any tentative tract map, or phase of a tentative tract map, that was approved by the City Council prior to the effective date of Ordinance No. 499 (Zone Change No. 97-5 effective February 12, 1998) and meets the following conditions, shall be subject to the requirements of Section 2.80.6.e of Ordinance No. 484 (Zone Change No. 96-8).

  • (a) A Final Map is recorded prior to expiration of the approved tentative tract map, or phase of an approved tentative tract map, provided, however, that upon application by a subdivider/developer for extension(s) of an approved tentative tract map, or phase of an approved tentative tract map, the City shall not deny said extension by reason of any conflict between Ordinance No. 484 and Ordinance No. 499.

  • (b) At the request of the developer/subdivider, a building permit is issued by the City within two years following

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recordation of the final phase of the approved tentative tract map consistent with Section 2.80.6.e of this Chapter.

• f. All subdividers/developers shall be required to provide landscaping and an irrigation system for each lot of a residential subdivision prior to receiving a final inspection for any house constructed in that subdivision, as follows:

  • (1) Excepting large lot subdivisions in the E zone district, subject to the provisions of Section 9.070, Title 16 (Subdivision Ordinance), of the Municipal Code and the provisions of Table 4.8 of this Title, landscaping and an irrigation system for both the front yard and the street side yard, provided the street side yard is not obscured from sight from an adjacent street by fencing, of each lot shall be provided. Said landscaping shall consist of the following: (1) no less than one 15-gallon-size tree, (2) ten percent (10%) of said yard area shall consist of a landscaped planter, and (3) the remaining portion of said yard area not occupied by a driveway, shall be improved with sod.

  • (2) For any large lot subdivision in the E zone district, subject to the provisions of Section 9.070, Title 16 of the Municipal Code and the provisions of Table 4.B. of this Title, landscaping and an irrigation system for the front yard and street side yard of each lot shall be provided. Said landscaping shall consist of the following: (1) both the front yard and the street side yard shall each contain no less than four 15-gallon-size trees, (2) at least five percent (5%) of the front and street side yard areas shall contain a landscaped planter, and (3) the remaining portion of the front and street side yards, not occupied by a driveway, shall be improved with sod.

Any proposal for an alternative landscaping plan shall be subject to review and approval by the Project Assistance Team.

• g. Architectural styles and themes should be compatible with the surrounding environment. However, to assure individuality among projects, each development shall vary its architectural design to avoid monotony and create interest, while remaining compatible with surrounding development.

• h. If custom homes are not proposed, subdividers/developers of residential subdivision tracts shall provide a variety of floor plans and building elevations as depicted in Table 2.B below.

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TABLE 2.B RESIDENTIAL FLOOR PLAN AND ELEVATIONS GUIDELINES

• The required number of building elevations may be reduced by one for every two building footprints added to the required minimum number specified in Table 2.B.

i. Elevations, for the purpose of meeting the requirements of Table DR-1, of this Chapter shall mean the treatment of materials, trim, roofs, or other architectural features which are considerably different than the elevations of any other house in the same subdivision as seen from the street upon which it faces. No two identical elevations shall be placed side by side within a subdivision.

• j. Color

  • (1) The use of monochromatic and complementary accent and trim colors is considered to meet the intent of this Chapter.

  • (2) The use of bright or garish colors (i.e., florescent “hot” or “dayglow” colors) shall not be permitted.

  • (3) Using building materials in their natural state, such as brick or stone, is strongly recommended.

  • (4) The use of colors to express individuality and identity within a cohesive and attractive framework is encouraged. Such colors should be in harmony with other colors used in the immediate area.

• k. Agricultural Land Uses

Where portions of a proposed development share a common boundary with existing agricultural properties, the following concepts for transitions and buffers shall be incorporated into the development proposal where feasible.

• (1) Orchards, Vineyards, and Groves: The incorporation of existing orchards, vineyards, and groves into new development as landscaping, or as passive open space, is encouraged, however the following provision shall be met.

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• (2) All such trees that are located in a public right-of-way shall be approved for that purpose by the City Engineer.

• (3) All trees within common areas shall be provided with the assurance of a continued maintenance mechanism, homeowners association, or special landscape district.

2.90

TEMPORARY OCCUPANCY PERMIT

1. The Project Assistance Team shall review and act upon all requests for temporary occupancy permits, or extensions thereof, and the Planning Commission shall review and act upon all requests for temporary land use permits, or extension thereof. The Project Assistance Team, for temporary occupancy permits, and the Planning Commission, for temporary land use permits, shall approve or conditionally approve any such applications subject to the findings and standard conditions set forth in this Title.

2. Those uses subject to a temporary occupancy permit include the following:

   • a. Temporary real estate offices on the site of an approved subdivision where lots, or lots and houses are being offered for sale.

   • b. Model home(s) on any lot within a tentatively approved subdivision consistent with the provisions of Title 16 (Subdivision Ordinance) of the Municipal Code.

   • c. Construction trailers, commercial cargo/storage containers, temporary office buildings, and security personnel offices on construction sites for which a project has been approved and a building permit or grading permit has been issued by the City, subject to the provisions of this Chapter.

   • d. On-site contractor’s yard during the construction phase of an approved project for which a building permit or grading permit has been issued.

   • e. Mobile home or trailer occupied for security purposes during the construction phase of a project.

   • f. Commercial cargo/storage containers (“Containers”) may be placed by a temporary occupancy permit in only the GC, BP, I, and CF zone districts, subject to the following conditions in a manner consistent with the provisions of this Chapter.

     • (1) Said container(s) shall be adequately screened from view from any street, highway, or adjacent property in a manner consistent with the provisions of this Title.

     • (2) In the GC and CF zone districts, one such Container shall be permitted for each seven thousand five hundred (7,500) square feet of property up to a maximum of four such Containers; in the BP and I zone districts, one such Container shall be

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permitted for each twenty thousand (20,000) square feet of property up to a maximum of four (4) such Containers.

• (3) Said Container(s) shall not be placed in a manner that will interfere with any required vehicular parking or maneuvering area(s) designated for the property.

• (4) In no instance may said Container(s) be placed on a parcel of land other than as an accessory/subordinate use to an existing and permitted primary land use.

• (5) Any container that has been located on a parcel of land for a period of 10 years or more, upon the effective date of this Ordinance, may so remain and shall not be required to comply with the requirements of this Chapter unless a change of occupancy occurs or permits are issued by the City to expand, renovate, or improve the property or any structures on the property. In this instance, the requirements listed in subsections 1 thru 4 above shall apply.

3. Those uses subject to a temporary land use permit include the following:

   • a. In only the DC, NC, and GC, BP, I, or CF zone districts, excepting the provisions of Section 2.90.2.f. above, placement of temporary buildings, commercial cargo/storage containers, trailers, coaches and similar items may be permitted subject to an approved temporary land use permit;

4. Temporary occupancy permits shall first be issued for a period of time not to exceed twelve (12) months. Extensions to such permits may be granted for additional periods of time, each of which shall not exceed twelve (12) months. Temporary occupancy permits shall comply with the procedures, findings and conditions specified by this Title.

   • a. A temporary occupancy permit or a temporary land use permit shall not be extended for a period of time that exceeds five (5) years from the date the temporary occupancy permit or temporary land use permit was first issued.

   • b. The Project Assistance Team, for a temporary occupancy permit, or the Planning Commission, for a temporary land use permit, may approve such permits or extensions for shorter periods of time and shall approve such permits subject to conditions where required by this Title or where it is determined reasonable and necessary to do so.

   • c. Prior to issuing a temporary occupancy permit or a temporary land use permit for an extension or renewal for the last allowed period of time, the permittee shall submit to and obtain approval by the Project Assistance Team or the Planning Commission, as applicable, of a plan to replace the subject temporary use with a legally established permanent use.

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• d. The Project Assistance Team for a temporary occupancy permit or the Planning Commission for a temporary land use permit may approve an extension of time, for a period of no more than two (2) years, without submittal and approval of a development plan for a permanent use, pursuant to Section 2.90.4.c. above, in cases where a temporary use permit or temporary occupancy permit has been issued, plans for a permanent use have been approved, and the business associated with the originally approved temporary land use has moved into the permanent facility provided that the following criteria are satisfied:

  • (1) The building(s) and grounds associated with the temporary occupancy or temporary land use permit have been consistently maintained in good condition, as determined by the City Manager or his designee; and

• (2) The building(s) approved by the temporary occupancy or temporary land use permit can only be used for those uses that are permitted “by-right” in the respective zone district; and

  • (3) The owner of the land upon which the temporary occupancy or temporary land use permit exists agrees, in writing, to remove the structure(s) allowed by temporary use permit within 30 days of the expiration of the final extension of time. The owner must also acknowledge that failure to remove the structure(s) within 30 days of expiration of the final extension of time will result in the City removing the structure(s) and placing a lien on the property for the costs associated with removal of the structure(s) plus any administrative costs incurred by the City to remove the structure(s).

  • (4) This Exception, in no instance, shall allow any temporary structure approved pursuant to Section 2.90 of the Shafter Zoning Ordinance to remain on any site in excess of five (5) years.

• e. A temporary use or structure that does not have a valid and current permit is hereby declared to be a public nuisance, subject to the enforcement provisions of this Title and other applicable laws.

• f. A change of ownership or operator of a use or structure, subject to a temporary occupancy permit or a temporary land use permit; or a change of structure or modification of the structure or use allowed on a parcel subject to a temporary occupancy permit or a temporary land use permit shall not affect the time periods established by this Chapter to allow such temporary uses or structures.

• g. When the last period of time allowed for a temporary occupancy permit or a temporary land use permit by this Chapter has lapsed, the temporary occupancy permit or temporary land use permit and any extension thereof shall be considered void and no new or additional temporary occupancy permits or temporary land use permits may be

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issued or reinstated for the temporary use or structure that was previously permitted.

5. Cancellation of a Temporary Occupancy Permit

   • a. Noncompliance with the conditions set forth in approving the temporary occupancy permit shall be grounds for the Project Assistance Team to cancel and void any such temporary occupancy permit.

   • b. The Project Assistance Team shall give notice of such an action to the permittee. The permittee may appeal such a decision to the Planning Commission by filing an appeal as specified in Section 2.180 of this Title.