Windsor Municipal Code Ch. 17.56 Site Plan and Design Review

A. Purpose. This chapter establishes procedures for the Town's review of the design aspects of proposed development (i.e., building design, landscaping, site planning, signs, etc.). These procedures are not intended to restrict imagination, innovation, or variety in design, but rather to focus on design issues and solutions that will have the greatest effect on community character and aesthetics, to encourage imaginative solutions and high-quality urban design. The purposes of this chapter are, to: [Source: 17.42.030.A, modified]

1. Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community; [Source: 17.42.030.A.1]

2. Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods; [Source: 17.42.030.A.2]

3. Protect the increasing values, standards, and importance of land and development in the community; [Source: 17.42.030.A.3]

4. Retain and strengthen the visual quality of the community; [Source: 17.42.030.4]

5. Assist project developers in understanding the public's concerns for the aesthetics of development; and [Source: 17.42.030.A.5]

6. Ensure that development complies with all applicable Town standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources. [Source: 17.42.030.A.6]

B. Applicability. Site Plan and Design Review is required for projects that meet one (1) of the following, except that single-unit development is exempt.

1. Construction. New construction on a vacant parcel. [Source: 17.42.030.B.1]

2. New Structures. New structures, additions to structures, and reconstruction projects. [Source: 17.42.030.B.2]

3. Substantial Change. Projects involving a substantial change or intensification of land use (e.g., the conversion of an existing structure to a restaurant, the conversion of a residential structure to an office or commercial use. etc.). [Source: 17.42.030.B.3, modified]

4. Station Area/Downtown Specific Plan Area. All properties within the Windsor Station Area/Downtown Specific Plan area are subject to the requirements and standards of the Windsor Station Area/Downtown Specific Plan. [Source: 17.42.030.B.3, modified]

5. Small Projects. New accessory structures and additions to structures shall qualify for Site Plan and Design Review through the Building Permit process, based on the Director's determination that it complies with all the following criteria for Small Projects.

a. Are less than twenty (20) percent of the square footage of the existing structure(s) or five thousand (5,000) square feet, whichever is less;

b. Are not visible from the public right-of-way;

c. Use the same exterior colors and materials, and design as the existing primary building(s); and

d. Qualifies for an exemption from the California Environmental Quality Act (CEQA). [Source: NEW]

An application for Site Plan and Design Review shall be reviewed and approved or denied by the Review Authority identified in Table 17.56-01 (Review Authority for Site Plan and Design Review). The Commission shall review any project that is not exempt from the California Environmental Quality Act. [Source: 17.42.030.C, modified]

Table 17.56-01 Review Authority for Site Plan and Design Review

Notes

(1) The Director may instead refer any application to the Commission for a decision. The Commission shall be responsible for design review of any project that is not exempt from the California Environmental Quality Act.

(2) When located within an existing commercial center, consistent with all applicable Zoning Ordinance provisions, and designed by a licensed architect. Commission approval is otherwise required.

(3) The land use shall be allowed by right, within an approved subdivision with adequate existing public improvements, when constructed on an interior parcel, not adjoining a residential land use.

(4) Requires the approval of a Building Permit. Site Plan and Design Review is conducted through the Building Permit review process.

(5) The Director acting as the Administrative Hearing Officer is the Review Authority.

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An application for Site Plan and Design Review approval shall be filed and processed in compliance with Chapter 17.52 (Application Processing Procedures). [Source: 17.42.030.D]

A. General. The review authority shall consider the location, design, site plan configuration, and the overall effect of the proposed project upon surrounding properties and the Town in general. Review shall be conducted by comparing the proposed project to applicable General Plan policies, any applicable specific plan, applicable Zoning Code requirements, design guidelines, and other applicable Town requirements. [Source: 17.42.030.E, modified]

B. Review with other Entitlements. Site Plan and Design Review applications for projects that also require the approval of a discretionary permit (e.g., Use Permit, Variance, etc.) shall be acted upon concurrently with the discretionary permit, in compliance with Section 17.52.030 (Multiple Permit Applications). The Review Authority may approve or approve with conditions based upon the findings in Section 17.54.060 (Findings and Decision). [Source: 17.42.030.F, modified]

Any application for a Site Plan and Design Review shall be scheduled for a public hearing once the Director has determined the application complete, and the required environmental review has been completed. Notice of the public hearing shall be provided in compliance with State law and the provisions established in Chapter 17.78 (Public Notices and Hearings). [Source: 17.42.030.F, modified]

A Site Plan and Design Review application shall be approved if the Review Authority first finds all the following: [Source: 17.42.030.H]

A. The design and layout of the proposed development are consistent with the General Plan, any applicable specific plan, the development standards of the applicable Zones, design standards/guidelines, and architectural criteria for special areas; [Source: 17.42.030.H.1, modified]

B. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards; [Source: Source: 17.42.030.H.2]

C. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood or is consistent with applicable plans and policies for development of the site; [Source: Source: 17.42.030.H.3, modified]

D. The design of the proposed development will provide a desirable environment for its occupants, visiting public, and its neighbors through the appropriate use of materials, texture, and color, and will remain aesthetically appealing and be appropriately maintained; and [Source: 17.42.030.H.4]

E. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. [Source: 17.42.030.H.5]

In granting Site Plan and Design Review approval, the Review Authority may impose any reasonable conditions of approval to ensure that the project will comply with the findings required by Section 17.54.060 (Findings and Decision), above. [Source: 17.42.030.I]

The procedures relating to appeals, project changes and modifications, issuance of a Building Permit, performance guarantees, and revocation in Article 6 (Zoning Code Administration), and those in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Site Plan and Design Review. [Source: 17.42.030.J, modified]