The purpose of the Site Plan Review is to ensure that the design of all new development is compatible with Clayton's character and that the design and location of new development does not impose significant negative impacts on neighboring property owners and/or occupants. To achieve this purpose, the community's character and any specific neighborhood impacts shall be balanced with an owner's right to develop property.

(Ord. 311, 1994; Ord. 325, 1996)

A Site Plan Review Permit shall be required in any zoning District for the design of all new development within the City (new construction, remodeling, additions, etc.) that meets any of the following criteria:

A.

Construction, whether to a single-story or a multi-story single-family residence (enclosed or unenclosed) over sixteen (16) feet in height except for an extension of an existing single-story roofline.

B.

Construction (enclosed or unenclosed) encompassing an area greater than seven hundred fifty (750) square feet;

C.

Construction (enclosed or unenclosed) proposed on a front and/or exterior side elevation measuring over twelve (12) feet in height or encompassing an area of five hundred (500) square feet or greater;

D.

Construction over four (4) feet in height (other than fences) encompassing an area of ten (10) square feet or greater located within the upper two-thirds of a slope which exceeds either:

1.

A grade equal to or greater than 1 foot vertical to four (4) feet horizontal, or

2.

A grade change greater than ten (10) feet;

E.

Any balcony, deck, or other similar structure, whose floor elevation is over four (4) feet in height from the underlying grade encompassing an area of ten (10) square feet or greater;

F.

Retaining walls needing a building permit and observable from public streets and/or sidewalks;

G.

Construction that, in the judgment of the Community Development Director, does not comply with the purpose of this chapter as stated above or with the standards of review as stated herein.

(Ord. 311, 1994; Ord. 325, 1996; Ord. 375, 2004; Ord. 419; Ord. 421, 2009)

Any new development meeting one (1) of the following characteristics shall be exempt from a Site Plan Review Permit. Such exempt development may directly apply for a building permit which is administratively reviewed by staff.

A.

Construction not meeting one (1) of the criteria listed above.

B.

Construction receiving specific design authorization pursuant to an approved:

1.

Development Plan Permit;

2.

Vesting Tentative Map;

3.

Development Agreement.

C.

Type 1 and Type 2 accessory dwelling units and junior accessory dwelling units ministerially approved in accordance with Chapter 17.47; provided, that Type 2 accessory dwelling units shall also require an ADU Permit in accordance with the requirements of Chapter 17.47.

D.

Additions to an existing residence in a single-family residential district or residential planned development district; provided, that the addition complies with all of the development regulations of the zoning district in which the residence is located.

(Ord. 311, 1994; Ord. 325, 1996; Ord. 373, 2004; Ord 499, 2023; Ord. 501, Exh. A, 1-16-2024)

The factors to be reviewed by the Planning Commission (or City Council upon appeal) shall include, but are not limited to:

A.

Conformity with the General Plan and any applicable Specific Plan (e.g. Town Center, Marsh Creek Road).

B.

Conformity with any applicable City adopted architectural and/or design standards (e.g. Oakhurst Country Club, Oakwood Subdivision, Clayton Station).

C.

Preservation of general safety (e.g. seismic, landslide, flooding, fire, traffic).

D.

Maintenance of solar rights to adjacent properties.

E.

The reasonable maintenance of the privacy of adjacent property owners and/or occupants.

F.

The reasonable maintenance of existing views of adjacent property owners and/or occupants.

G.

The new development, taken as a whole, need not be identical, but should be complementary with the adjacent existing structures in terms of materials, colors, size, and bulk.

H.

Design standards for manufactured homes shall be in accordance with Section 17.36.078 of the Municipal Code.

Notwithstanding the foregoing, the Planning Commission (or City Council upon appeal) shall not require, as a condition of approval of the site plan review permit, that the project be reduced to a density below the minimum density specified by the General Plan land use designation of the property. The Planning Commission (or City Council upon appeal) shall also not require that the development meet a standard for lot coverage that is lower than the maximum standard of the zoning district in which the development is located, nor that the development meet higher standards for minimum setbacks, landscaping, off-street parking, distances between buildings than are specified for the applicable zoning district.

(Ord. 311, 1994; Ord. 325, 1996; Ord. 425, 2009; Ord. 501, Exh. A, 1-16-2024)