24.050 Site Plan and Architectural Review.
A. Purpose. The purpose of site plan and architectural review (SPAR) approval is to secure compliance with this Zoning Ordinance and to promote the orderly and harmonious development of the City. It is the intent of this section to achieve a satisfactory quality of design in individual buildings and sites, appropriateness of buildings to their intended use, mitigate the environmental impacts of buildings and sites, and facilitate harmony between developments and their surroundings. No City permit or license shall be issued for any of the following uses until site plan and architectural approval has been granted:
1. Public buildings and grounds;
2. Public and private schools, colleges, libraries, art galleries and museums;
3. Public and private hospitals and other institutions;
4. Churches and other religious buildings and grounds;
5. Clubs, lodges, mortuaries, meeting halls, and other places of public assembly;
8. All commercial and industrial uses;
9. Mobile home parks;
10. Parking lots;
11. Public utilities, structures and installations, except poles and towers carrying overhead lines;
12. More than one dwelling unit per lot except for accessory dwellings;
13. Subdivisions with five or more single household dwellings.
B. Administrative Site Plan and Architectural Review. The Director may grant administrative site plan and architectural review approval for nonproduction residential units in approved subdivisions of five or more lots, all residential developments of less than five units, and all minor additions or modifications to industrial, commercial or office buildings, or may refer such development proposals to the Planning Commission. For purposes of this section, the term “nonproduction residential units” means houses not substantially similar to other houses within view of one another as determined by the Director, or houses within a subdivision where the same floor plan or exterior design is used less than three times.
C. Investigation and Report. The Director shall determine from data submitted whether the proposed use will meet the requirements of this chapter and shall either (1) administratively approve, disapprove, or approve with modifications the subject application where appropriate; or (2) when in the Director’s sole discretion they deem it necessary, prepare a report with recommendations and submit the report to the appropriate reviewing authority, as described in Section 1.030.
D. Procedure. On matters to be reviewed by the Planning Commission, or when the Director refers an application to the Planning Commission with recommendations, the applicant shall be so notified and a hearing date shall be established. On the date of the hearing, the Planning Commission shall consider the Director’s report and any additional staff comment and shall permit the applicant or any other affected person to present any evidence which the Planning Commission deems to be relevant. The Planning Commission shall approve, disapprove, or approve with modifications applications for which the Planning Commission is the entitling body, or recommend approval, disapproval, or approval with modifications or give other appropriate recommendation to the City Council, concerning applications for which the Planning Commission is an advisory body.
E. Standards for Review of Applications. The appropriate reviewing authority shall review the exhibits, together with the reports of the Director, and based on these documents, evidence submitted, comments from the applicant and public, and the criteria set forth below, may, in the reviewing authority’s sound discretion based on substantial evidence in the record and according to the findings of the reviewing authority listed in this provision approve the application, approve the application with modifications, or disapprove the application. In taking action on a site plan and architectural review application, the reviewing authority shall consider each of the following criteria. An affirmative finding for each of the following criteria, supported by substantial evidence in the record, is required for approval of an application for site plan and architectural review:
1. The project uses quality materials and the overall design is harmonious and in proportion in itself and in relation to adjacent development, based on the following:
a. The architectural style is appropriate for the project, and compatible with the character of the neighborhood.
b. The siting of the structures on the property is appropriate for the site and as compared to the siting of other structures in the neighborhood.
c. The size, location, design, color, number, lighting, and materials of all signs and outdoor advertising structures is in accordance with all applicable requirements of this Zoning Ordinance and appropriate for the site and compatible with the character of the neighborhood.
d. The bulk, height, and color of any proposed structure is appropriate for the site and as compared to the bulk, height, and color of other structures in the neighborhood.
2. Landscaping in accordance with applicable City standards and that is appropriate for the site and compatible with the character of the neighborhood will be provided on the site. Existing trees shall be preserved wherever possible, and shall not be removed unless approved by the Planning Commission.
3. Ingress, egress, internal circulation for bicycles and automobiles, off-street automobile and bicycle parking facilities and pedestrian ways are designed so as to promote safety and convenience and conform to applicable City standards. Any plans pertaining to pedestrian, bicycle, or automobile circulation have been routed to the Pedestrian and Bicycle Advisory Committee for review and approval or recommendation.
4. The design is of good character and has been prepared by a professional designer, such as an architect, landscape architect or other practicing urban designer or person with equivalent skill and qualifications.
5. The application and the project for which it seeks approval are exempt from the California Environmental Quality Act (CEQA), or the environmental impacts of the project including impacts to or of biological resources, greenhouse gas emissions, vehicle miles travelled, land use, population and housing, agriculture and forestry resources, cultural resources, hazards and hazardous materials, mineral resources, public services, utilities and service systems, air quality, geology and soils, hydrology and water quality, noise, and recreation are avoided, or are mitigated by conditions imposed by the reviewing authority so as to be less than significant, or are approved based on overriding considerations in accordance with all applicable CEQA requirements.
6. The proposed structure and use, subject to any conditions which may apply, conforms with the applicable requirements of this Zoning Ordinance and applicable policies and programs of the City’s General Plan and any applicable specific plan, and the proposed use will not, under the circumstances of the conditional use application, constitute a nuisance or be detrimental to the public welfare of the community.
F. Conditions. The reviewing authority may impose such requirements and conditions with respect to siting, landscaping, architectural design, and other aspects of the proposed project as may be necessary and appropriate for the protection of adjacent properties and the public interest to effect the purposes of this section such that the reviewing authority can make the findings specified in provision (E) of this section.
G. Revocation. Upon a permittee’s violation of any applicable provision of this Zoning Ordinance, or, upon a permittee’s failure to comply with any terms or conditions of a SPAR approval, the Director may send the permittee a certified letter informing the permittee of the facts constituting noncompliance and stating that the applicant has 20 calendar days, or more at the discretion of the Director based on the scope of the violation, from the date of the letter to comply with the requirements of this Zoning Ordinance and/or the terms and conditions of the SPAR approval. If, after 20 calendar days have elapsed from the date of the notice, the permittee has failed to cure the permittee’s noncompliance as required, the Director may send a second certified letter to the permittee suspending the SPAR approval and advising the permittee of the applicant’s right to be heard by filing an appeal pursuant to Section 24.090. The suspension will be in effect for 20 calendar days from the date of the notice of suspension. If, after the 20-day suspension, the applicant still has not cured the permittee’s noncompliance as required, or if the applicant has failed to file a timely appeal, the SPAR approval shall be revoked and terminated and shall be null and void without further action by the City.
H. Appeal. Any determination made pursuant to this section may be appealed in accordance with Section 24.090.
I. Expiration of Approvals. Site plan and architectural review approval shall automatically expire 12 months after approval unless the permit has been exercised, an extended expiration has been approved consistent with provision (I) of this section, or unless an extension of time is approved in compliance with provision (J) of this section. The approval shall not be deemed “exercised” until the permittee has commenced the approved use on the site in compliance with the conditions of approval or an application for building permit has been submitted in compliance with the conditions of approval. The approval shall remain valid after it has been exercised as long as a building permit remains active or a final building inspection or certificate of occupancy has been granted. Upon expiration of site plan and architectural review approval, no further work shall be done on the site until a new approval is first granted.
J. Extended Expiration for Housing. An extended expiration of up to a maximum of four years may be approved by the Planning Commission upon recommendation by the Director for housing projects that require additional time to obtain regulatory permits, begin public improvements, or necessitate other significant coordination prior to commencement of vertical construction. Any extended expiration must be approved with the initial SPAR permit and shall not be in addition to the 12-month expiration provided for in provision (I) of this section. Approval of an extended expiration with the original SPAR permit precludes issuance of an extension of time pursuant to provision (K) of this section unless the extended expiration is approved for less than four years. At no time shall the SPAR expiration, inclusive of both the extended expiration and any applicable extensions, exceed a total of four years, except for City projects in accordance with provision (K) of this section.
K. Extension of Time. Upon submittal of an application to the Community Development Department (Department) on a form prescribed for this purpose by the Department, the Director may extend the time limit established in provision (I) of this section for site plan and architectural review approval in accordance with the following requirements:
1. The application filed shall include a written request for an extension of time and shall be filed at least 30 days prior to the expiration of the site plan and architectural review approval, together with the filing fee required by the City’s adopted fee schedule.
2. The Director shall determine whether the applicant has made a good faith effort to exercise the approval. The applicant shall provide substantial evidence that circumstances beyond the control of the applicant have resulted in an inability to commence the use or apply for a building permit within the time period in provision (I) of this section. For purposes of this provision only, such circumstances may include but are not limited to financial hardship, temporary delay or unavailability of funding, unanticipated delays in securing necessary property rights for the project and/or unanticipated or abnormal weather conditions sufficient to delay commencement or completion of construction or preconstruction activities.
3. The Director may grant up to three 12-month extensions to the expiration date of the original approval only upon the Director’s determination separately for each extension that conditions of the site and in the vicinity of the project are substantially the same as when the permit or approval was originally granted and/or that any changes which have occurred do not affect the validity of the findings for the original approval, that the project remains in general conformance with the City’s General Plan and the requirements of this Zoning Ordinance and that the applicant has made a good faith effort to exercise the approval. Only one 12-month extension may be granted at a time. More than three extensions may be granted for City public facilities projects.
L. Referral to Planning Commission. The Director may refer to the Planning Commission for a public hearing any SPAR application.
M. Public Notice. Notice of both site plan and architectural review and administrative site plan and architectural review will be in accordance with Section 24.100. (Ord. 2811 § 2 (Exh. 1), 2022.)