Chapter 20.530 — SITE PLAN AND DESIGN REVIEW

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

• 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 Zoning 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 the best professional high-quality design practices;

  5. Allows for and encourages individual identity for specific uses and structures;

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

  7. Minimizes or eliminates negative or undesirable visual impacts;

  8. Prevents inappropriate design or development of structures;

  9. Ensures development of a City having "image and character," which term shall include beauty, fitness, harmony, quality, and spaciousness;

  10. Maintains and increases the desirability of other properties within the vicinity for the uses for which they are zoned;

  11. Prevents unsightliness which causes a decrease in the value of surrounding properties;

  12. Prevents the decline in the taxable value of real property in the vicinity and the cost of municipal services to these properties;

  13. Ensures that property values within the vicinity of new and modified development retain their stability;

  14. Provides standards that result in the maintenance or improvement, or both, of surrounding properties so that improvements are not discouraged with the result that properties degenerate resulting in an accompanying deterioration of conditions; and

15. It is not a purpose or intent of this Chapter to control architectural character so rigidly that individual initiative is stifled in the design of any particular structure. Rather, it is the purpose and intent of this Chapter that any control exercised be that necessary to achieve the overall objectives of this Chapter.

(Ord. 1017, 2013)

• A. When required. Site Plan and Design Review shall be required for all of the following construction or development activities:

  1. All structures erected to accommodate any of the land uses and activities listed in Article 2 (Zone Specific Standards), except for those specified in Subsection B (Exemptions), below.

  2. Before the issuance of a Building or Grading Permit for any construction activities identified in Table 5-3 (Review Authority for Site Plan and Design Review), below.

• B. Exemptions. The following are exempt from the requirement for a Site Plan and Design Review:

  1. A development for which a Site Plan and Design Review has been previously granted under the conditions of a Conditional Use Permit, Variance, or other discretionary permit or approval issued in compliance with this Zoning Code;

  2. Any fence, wall, or other dividing structure in a residential zone district erected in compliance with this Zoning Code;

  3. Accessory structures in compliance with Chapter 20.410 (Accessory Structures and Uses).

• C. 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.

• D. Compliance required. Building or Grading Permits or Certificates of Occupancy shall not be issued until the requirements of this Chapter have been met. Failure to comply with or violations of the provisions of an approved Site Plan and Design Review shall be prohibited.

• (Ord. 1017, 2013)

• A. Applicable review authority.

  1. Other discretionary approval required. If the proposed construction or development activity that requires Site Plan and Design Review also requires another discretionary approval (e.g., Conditional Use Permit, Variance, etc.), then the applicable review authority shall be the authority identified in Table 5-2 (Review Authority) for the other discretionary approval.

  2. Site Plan and Design Review only. If the proposed construction or development activity only requires a Site Plan and Design Review, then the applicable review authority shall be the authority identified in Table 5-3 (Review Authority for Site Plan and Design Review).

• B. Director. The Director shall approve, conditionally approve, or deny a Site Plan and Design Review application for all construction or development activities that do require another discretionary approval (e.g., Minor Variance, Zoning Use Permit, etc.) subject to the Director's authority, or may refer the application to the Commission.

• C. Commission.

  1. The Commission shall approve, conditionally approve, or deny a Site Plan and Design Review application for all construction or development activities that do require another discretionary approval (e.g., Conditional Use Permit, Variance, etc.) subject to its authority.

  2. Upon receiving the referral specified in Subsection B., above, the Commission shall approve, conditionally approve, or deny the Site Plan and Design Review application.

• D. Council. In cases where Site Plan and Design Review is considered concurrently with another entitlement subject to Council approval (e.g., legislative action [e.g., Tentative Tract Map]), the Site Plan and Design Review shall be reviewed and approved, conditionally approved, or denied by the Council.

Notes:

• 1. "Recommend" means that the review authority makes a recommendation to a higher decision making body; "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 decisionmaking body, in compliance with Chapter 20.615 (Appeals).
• 2. The review authority may defer action and refer the request to the next higher review authority for the final decision.

• (Ord. 1017, 2013)

• A. Application filing.

  1. An application for a Site Plan and Design Review shall be filed and processed in compliance with Chapter 20.500 (Application Processing Procedures).

  2. 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.

  3. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.530.050 (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.

• 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 the City's Design Standards and Guidelines, if any.

  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 design, location, site plan configuration, and the effect of the proposed development on adjacent properties by comparing the project plans to established development standards, regulations, and applicable design guidelines/policies.

  3. During the course of the review process, the review authority may require the submittal of additional information or revised plans.

     • a. The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the Department within 180 days after the date of the notice or within the period of time designated by the review authority.

     • b. Failure to submit the required information within the 180-day period or within the period of time designated by the review authority may be cause for denial.

  4. After the Site Plan and Design Review application has been deemed complete in compliance with Section 20.500 (Initial Review of Application), 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.

ication has been deemed complete in compliance with Section 20.500 (Initial Review of Application), 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.

• 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 specified in this Chapter.

• E. Public hearing and appeal.

  1. A public hearing shall not be required for an administrative review (i.e., Director's minor review) on a Site Plan and Design Review application.

  2. A public hearing shall be required for the Director's, Commission's, or Council's decision on a Site Plan and Design Review application, only if being processed concurrently with another discretionary approval (e.g., Conditional Use Permit, Variance, etc.) requiring a public hearing. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 20.625 (Public Hearings).

3. The review authority's decision may be appealed in compliance with Chapter 20.615 (Appeals).

(Ord. 1017, 2013)

• A. Determination of compliance. The review authority shall determine whether or not the application meets the requirements of this Chapter in compliance with Section 20.500.060 (Initial Application Review).

• B. Other review authority.

  1. 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, Variance, etc.) in compliance with the applicable review procedure for the other discretionary review.

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

• C. 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. Allowed within the subject zone;

  2. Designed so that:

     • a. The project will not be detrimental to the public health, safety, or general welfare, and not detrimental to adjacent property;

     • b. Architectural design and functional plan of the structure(s) and related improvements are of reasonable aesthetic quality and compatible with adjacent developments;

     • c. 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; and

     • d. The project's site plan and design is consistent with the City's Design Standards and Guidelines, if any.

  3. Designed to address the following criteria, as applicable:

     • a. Compliant with this Chapter, this Zoning Code, Municipal Code Title 16 (Buildings and Construction), and all other applicable City regulations and policies;

     • b. Efficient site layout and design;

     • c. Adequate yards, spaces, walls, and fences, parking, loading and landscaping that fit in with neighboring properties and developments;

     • d. Relationship to streets and highways that are adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed development;

     • e. Compatible and appropriate scale to neighboring properties and developments;

     • f. Efficient and safe public access (both pedestrian and vehicular) and parking;

     • g. Appropriate and harmonious arrangement and relationship of proposed structures and signs to one another and to other development in the vicinity, based on good standards of design;

     • h. Appropriate relationship to land use and development of adjacent properties, including topographic and other physical characteristics of the land;

     • i. Proper site utilization and the establishment of a physical and architectural relationship to existing and proposed structures on the site;

     • j. Compatible architectural style with the character of the surrounding area, both to avoid repetition of identical design where not desired, and to ensure compatibility in design where desired;

• k. Harmonious relationship with existing and proposed developments and the avoidance of both excessive variety and monotonous repetition;

  - l. Compatible in color, material, and composition of the exterior elevations to neighboring visible structures; 
  
  - m. Appropriate exterior lighting that provides for public safety and is not of a nature that will constitute a hazard or nuisance to adjacent properties; 
  
  - n. Compatible in scale and aesthetic treatment of proposed structures with public areas; 
  

  • o. Appropriate open space and use of water-efficient landscaping; and

• p. Consistent with the General Plan and any applicable Specific Plan.

• (Ord. 1017, 2013)

• A. Necessary conditions. 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 20.530.050 (Findings and Decision), above.

• B. Similarity of style may be required. When a neighborhood or zone has adopted/ assumed a distinct character or style, and it is found that it is desirable to continue the character or style in the architectural features of the proposed structure, the similarity may be required.

• C. Signed acknowledgement. The applicant shall execute an Acknowledgement and Acceptance of Conditions in compliance with Section 20.565.040 (Acknowledgement and Acceptance of Conditions).

• (Ord. 1017, 2013)

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

• (Ord. 1017, 2013)

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 20.565.100 (Changes to an Approved Project). (Ord. 1017, 2013)

The procedures and requirements in Chapter 20.565 (Permit Implementation, Time Limits, and Extensions), and those related to Chapter 20.615 (Appeals) and Chapter 20.630 (Modifications and/or Revocations) shall apply following the decision on a Site Plan and Design Review application. (Ord. 1017, 2013)