This chapter establishes review procedures and standards for proposed development and new land uses to: ensure compliance with the required standards, design guidelines, and ordinances of the city; minimize potential adverse effects on surrounding properties and the environment; implement the goals and policies of the general plan; and promote the general health, safety, welfare, and economy of the residents of the city. Therefore, it is the purpose of this chapter to:

A.

Enhance the overall appearance of the city by improving the appearance of individual development projects within the city;

B.

Promote open space around structures, for access to and around structures, and the establishment and maintenance of landscaping for aesthetic and screening purposes;

C.

Promote areas of improved open space to protect access to natural light, ventilation, and direct sunlight, to ensure the compatibility of land uses, to provide space for privacy, landscaping, and recreation;

D.

Ensure that new or modified use and development will complement the existing or potential development of surrounding neighborhoods, and to produce an environment of stable and desirable character;

E.

Ensure that all new development builds on the city's character and does not have an adverse aesthetic impact upon existing adjoining properties, the environment, or the city in general;

F.

Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to the benefit of its constituents;

G.

Promote the use of sound design principles that result in creative, imaginative solutions and establish structures of quality design throughout the city and which avoid monotony and mediocrity of development;

H.

Further communication between building interiors and their surroundings, and contribute meaning and visual interest to the pedestrian environment;

I.

Recognize that the greater the project (e.g., impact, location, size, etc.), the more important the need to look at projects in greater detail; and

J.

Promote maintenance of the public health, safety, general welfare, and property throughout the city.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

A.

Planning Commission Site and Architectural Review Permit required. No use or structure shall be constructed, created, enlarged, erected, installed, maintained, or placed on any property in any zoning district until a Site and Architectural Review Permit is approved by the Planning Commission, except as identified in subsections B and C of this section, and as otherwise specified by Section 21.14.030.C.4 (Administrative authority), or Chapter 21.07 (Housing Development Regulations).

B.

Administrative Site and Architectural Review Permit required. An Administrative Site and Architectural Review Permit shall be required for the following:

1.

Stealth wireless telecommunication facilities, pursuant to the requirements of Chapter 21.34, (Wireless Telecommunications Facilities); or

2.

Properties located in the R-1-6 zoning district that are subject to the San Tomas Area Neighborhood Plan for:

a.

Construction of a building or structure on an undeveloped lot,

b.

Additions to the existing main residence, except additions that exceed 0.45 FAR which would require a full Site and Architectural Review Permit by the Planning Commission,

c.

The conversion of attic space to living area on an existing single-story single-family residence,

d.

The removal or reconstruction of more than fifty percent of the exterior walls of an existing single-family residence, and

e.

Reconfiguration of existing square footage to increase the number of bedrooms (not to exceed two additional bedrooms) within an existing dwelling unit.

3.

Properties located in the R-1-8 zoning district that are subject to the Campbell Village Neighborhood Plan, for the construction of a new single-family dwelling, or an addition to an existing single-family dwelling that is seven hundred fifty square feet or greater in gross floor area or three hundred seventy-five square feet or greater in gross floor area on a second-story.

C.

Exceptions to Site and Architectural Review Permit Process. The following types of projects shall be exempt from Site and Architectural Review:

1.

Properties located in the R-1-6 (Single-Family Residential) zoning district that are not subject to the San Tomas Area Neighborhood Plan;

2.

Additions to existing single-family residences located on properties in the R-1-8 (Single-Family Residential) zoning district that are subject to the Campbell Village Neighborhood Plan when all of the following are satisfied:

a.

The gross floor area of the addition is less than seven hundred fifty square feet and less than three hundred seventy-five square feet in gross floor area on a second-story;

b.

The property is not subject to a previously approved site and architectural review permit (for which minor additions or alterations may be processed under subsection 4. below); and

c.

The addition would not result in a "new dwelling using portions of the original structure" as defined by Chapter 18.32.

3.

Properties located in the LMDR (Low-Medium Density Residential) zoning district;

4.

Minor additions or alterations to existing structures and minor changes in plans, as defined by Section 21.56.060 (Amendments to an approved project), that have previously been approved by the Planning Commission, provided that these minor changes are limited to modification in the plot plan and elevations that will not substantially change the overall appearance, character, and scale of the proposed development;

5.

Reconfiguring of existing legal square footage in a single-family dwelling on land zoned for residential use to increase the number of bedrooms (not to exceed two additional bedrooms) within an existing dwelling unit; and

6.

Projects subject to a permit pursuant to Chapter 21.07 (Housing Development Regulations).

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2129, § 1, 6-1-2010; Ord. No. 2213, § 11, 11-1-2016; Ord. No. 2220, § 2(Exh. A-1), 7-18-2017, eff. 8-16-2017; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Filing. An application for a Site and Architectural Review Permit or an Administrative Site and Architectural Review Permit shall be filed with the Community Development Department in compliance with Chapter 21.38, (Application Filing, Processing and Fees.)

B.

Application contents.

1.

Detailed and fully dimensioned information. The application shall be accompanied by detailed and fully dimensioned site development plan, floor plans, elevations, and/or any other data/materials identified in the Community Development Department application for a Site and Architectural Review Permit or Administrative Site and Architectural Review Permit.

2.

Site development plan required. A site development plan shall be required to accompany the application. If development is to be carried out in phases or stages, each phase shall be shown on a master site plan of development.

3.

Information required on site development plan. The site development plan shall indicate the site location and planning of all open spaces and structures to show that the development will be compatible with the general plan and will aid in the harmonious development of the immediate area. The plan shall include proposed and/or existing structures with elevations which clearly show appearance and materials of exterior walls, landscaping, walls or fences used for screening or separation, design of ingress and egress and off-street parking, and loading facilities.

4.

Other information. The Community Development Director or the Planning Commission may also require other information, as it considers necessary in order to properly evaluate the proposal.

C.

Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the findings required by Sections 21.42.050(B), (Required findings) and 24.42.060(B), (Required findings).

D.

Project review procedures. Following receipt of a completed application, the Community Development Director shall make an investigation of the facts bearing on the project to provide the information necessary for action consistent with the purpose of this chapter.

E.

Notice and hearings.

1.

Review by the Planning Commission. A public hearing shall be required for the Planning Commission's decision on a site and architectural review permit application. A public hearing shall be scheduled once the Community Development Director has determined that the application is complete. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64, (Public Hearings).

2.

Review by the Site and Architectural Review Committee. The Site and Architectural Review Committee shall review all applications for Site and Architectural Review Permits reviewed by the Planning Commission and shall make a recommendation to the Planning Commission regarding the application. Review by the site and architectural review committee is conducted as a public meeting which is open to the public. The meeting shall not require radius noticing but shall be agendized and the agenda shall be posted at City Hall.

3.

Review by the Community Development Director. A public hearing shall not be required for the Community Development Director's decision on an Administrative Site and Architectural Review Permit application. The notice and decision for an Administrative Site and Architectural Review Permit shall be subject to the administrative decision process as prescribed in Chapter 21.71, (Administrative Decision Process).

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The Community Development Director, the Site and Architectural Review Committee, and the Planning Commission shall consider the following matters, and others when applicable to making the determinations required by this chapter, in their review of Site and Architectural Review Permit and Administrative Site and Architectural Review Permit applications:

A.

Considerations relating to traffic safety, traffic congestion, and site circulation:

1.

The traffic generated from the development should not have adverse affects on traffic conditions on abutting streets;

2.

The layout of the site should provide adequate vehicular and pedestrian entrances, exit driveways, and walkways; and

3.

The arrangement of off-street parking facilities should prevent traffic congestion and adequately meet the demands of the users.

B.

Considerations relating to landscaping:

1.

The location, height, and material of walls, fences, hedges and screen plantings should ensure harmony with adjacent development and/or conceal storage areas, utility installations, or other potentially unsightly elements of the project;

2.

The project should maximize open space around structures, for access to and around structures, and the establishment and maintenance of landscaping for aesthetic and screening purposes;

3.

The project should maximize areas of improved open space to protect access to natural light, ventilation, and direct sunlight, to ensure the compatibility of land uses, to provide space for privacy, landscaping, and recreation; and

4.

The project should minimize the unnecessary destruction of existing healthy trees.

C.

Considerations relating to structures and site layout:

1.

The project should enhance the overall appearance of the city by improving the appearance of individual development projects within the city;

2.

The project should complement the surrounding neighborhoods and produce an environment of stable and desirable character;

3.

The project should enhance the city's character and should not have an adverse aesthetic impact upon existing adjoining properties, the environment, or the city in general;

4.

The project should promote the use of sound design principles that result in creative, imaginative solutions and establish structures of quality design throughout the city and which avoid monotony and mediocrity of development;

5.

The project should promote maintenance of the public health, safety, general welfare, and property throughout the city; and

6.

The project should be consistent with the city's General Plan and all applicable design guidelines and special plans.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Applications decided by the Community Development Director. The Community Development Director may review and decide applications for Administrative Site and Architectural Review Permit applications in compliance with the administrative decision process as prescribed in Chapter 27.71, (Administrative Decision Process).

B.

Required findings. The Community Development Director shall approve the application if the following findings have been made:

1.

The project will be consistent with the General Plan;

2.

The project conforms with the Zoning Code;

3.

The project will aid in the harmonious development of the immediate area; and

4.

The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s).

C.

Referral to the Site and Architectural Review Committee. If the Community Development Director finds that the proposed development will have a substantial effect on the surrounding area or is of sufficient size to warrant the consideration of the planning commission, the Community Development Director shall refer the application first to the Site and Architectural Review Committee and the planning commission for processing in the same manner as all other applications for Site and Architectural Review Permit approval.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2225, § 14, 8-15-2017; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Time and place agreeable to the applicant. Before the public hearing the Community Development Director shall arrange with the applicant a time and place of meeting between the applicant and the Site and Architectural Review Committee.

B.

Required findings. The Planning Commission shall approve the application if the following findings have been made:

1.

The project will be consistent with the General Plan;

2.

The project will be consistent with the Zoning Code;

3.

The project will aid in the harmonious development of the immediate area; and

4.

The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s).

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2225, § 15, 8-15-2017; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The Community Development Director or the Planning Commission, as applicable, may take the following actions in approving a Site and Architectural Review Permit:

A.

May impose conditions. The decision-making body may impose conditions, as it deems reasonable and necessary under the circumstances, to carry out the intent of this chapter and the general plan.

B.

May impose time limits. The decision-making body may impose time limits within which the conditions shall be fulfilled and the proposed development started or completed.

C.

Valid in ten days. The site and architectural review permit shall become valid ten days following the date of approval unless appealed, in compliance with Chapter 21.62, (Appeals).

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Written notification to applicant. The secretary of the Planning Commission shall give written notification of the decision of the Community Development Director or the Planning Commission to the applicant.

B.

Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits imposed by the Community Development Director or the Planning Commission.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5, (Zoning Code Administration) and those identified in Chapter 21.56, (Permit Implementation, Time Limits and Extensions) shall apply following the decision on a site and architectural review application and Administrative Site and Architectural Review Permit application.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)