Chapter 9.60 — Architectural Design and Site Plan Review

Sections:

9.60.010 Purpose [new]

9.60.020 Applicability

9.60.030 Review Authority

9.60.040 Application Requirements

9.60.050 Findings and Decision

9.60.060 Post Decision Procedures

9.60.070 Appeal

A. Purpose

The purpose of Chapter 9.60 is to provide a process for the appropriate review of construction and development projects.

A. When Required

Architectural Design and Site Plan Review shall be required for:

floor area of more than 400 square feet, except for those specified in Subsection B. (Exemptions)

1. All authorized uses;

2. A change of use resulting in a change in the number of dwelling units, parking spaces, or floor area of 25 percent or more;

3. Structures erected to accommodate any of the land use activities listed in Article 3 (Specific to Zones);

4. Nonstructural remodeling of a building facade that affects 25 percent or more of the exterior elevation of the building visible from an adjacent public street with either a single or cumulative remodelling; or

5. Single or cumulative renovations to existing non-residential structures that result in an increase in the gross

B. Exemptions

The following are exempt from the requirement for Architectural Design and Site Plan Review:

1. Detached single-family dwellings (up to two on one lot or parcel, where permitted by the zone, including a proposed single-family residence located on a parcel that is not part of a platted subdivision), duplexes, and related accessory uses and buildings in approved subdivisions;

2. A development for which Architectural Design and Site Plan Review has been previously granted under the conditions of a Use Permit, Variance, or Minor Use Permit issued in compliance with this Zoning Code;

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Chapter 9.60 Architectural Design and Site Plan Review

3. Minor structural additions and alterations, including single or cumulative building additions of 400 square feet or less;

4. Interior tenant alterations or improvements which do not affect parking requirements or exterior building appearance;

5. Nonstructural remodeling of a building facade that affects less than 25 percent of the exterior elevation of the building visible from an adjacent public street with either a single or cumulative remodelling; and

6. Changes of use to a use of equivalent intensity or a less intensive use as determined by the Director.

[18.80.060]

The Architectural Design and Site Plan Review application required by Chapter 9.60 shall be reviewed and approved by the Commission in compliance with procedures set out in Chapter 9.10 (Permit Processing Procedures) and in compliance with Chapter 10.20 (Appeals).

A. Application Filing

1. An application for a Architectural Design and Site Plan Review shall be filed and processed in compliance with Chapter 9.10 (Application Processing Procedures).

2. The application shall include the information and materials specified in the Department handout for Architectural Design and Site Plan Review applications, together with the required fee.

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Chapter 9.60 Architectural Design and Site Plan Review

A. Decision

1. The Commission may approve, conditionally approve, or deny any application following the close of the public hearing on the matter or within 35 days thereafter by resolution in compliance with the findings specified in Subsection B (Findings).

2. The decision shall be final, subject to appeal in compliance with Chapter 10.20 (Appeals).

3. Makes adequate provision to protect adjoining properties and structures from excessive and unreasonable nuisances, including for example, noise, vibrations, gases or odors, which might interfere with the use and enjoyment of surrounding properties;

4. Is consistent with the applicable provisions of the California Environmental Quality Act and the State CEQA Guidelines; and

5. In the event that the Commission is unable to reach a majority decision, as evidenced by a tie vote, the applicant shall have the option of continuing the public hearing until such time as a majority vote can be obtained or consider the application denied.

B. Findings

The Planning Commission may approve an application for Architectural Design and Site Plan Review only after making the following findings that the application:

8. The proposed land use, site and architecture promote a design consistent with and appropriate for the location, and consistent with the intended physical environment of the zoning district.

C. Written Notice

Written notice of such decision shall be given by mail within seven calendar days after the appeal period ends, to the applicant and any person filing a written request for notice of the decision.

1. Is consistent with the goals and policies of the City's General Plan and meets applicable district development standards;

2. Meets the minimum applicable requirements of this title and is in compliance with all other applicable laws, ordinances, and regulations of the City of Tehachapi and the State of California;

3. Will not be materially detrimental to the health, safety, and welfare of the public or to property and residents in the vicinity;

4. Complies with the terms and provisions of any prior zone change approval or Conditional Use Permit;

5. Adequately and safely provides for vehicular or pedestrian safety, both on and off site, by reason of properly arranged vehicular or pedestrian ingress and egress and internal circulation, or that excessive traffic congestion will not be created;

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Chapter 9.60 Architectural Design and Site Plan Review

The procedures and requirements in Chapter 9.90 (Permit Implementation, Time Limits, and Extensions), and those related to appeals (Chapter 10.20) and Modifications and Revocations (Chapter 9.100) shall apply following the decision on a Site Development Plan Permit application.

1. Any interested person that is adversely affected by a decision of the review authority, may file an appeal to the City Council. [17.52.010]

authority from which the appeal is being taken in compliance with Section 10.20 (Appeals). [17.52.020]

2. Any such appeal shall be filed with the clerk of

the city within 10 days after the action of the review

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