63 - SITE AND ARCHITECTURAL REVIEW
Sections:
The purpose of this chapter is to empower the planning commission to sit as the city's site and architectural review board and the community development director with the responsibility for comprehensive site plan and architectural review in order to achieve the following:
A.
To ensure that new development and the alteration or enlargement of existing development occurs in a manner that is consistent with the intent of this title and the general plan;
B.
To ensure that the location and configuration of structures are visually harmonious with their sites and surrounding sites and structures, that they do not interfere with neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas, and be in scale with the townscape and natural landscape of the area;
C.
To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landforms, is functional for the proposed project and is consistent with this title;
D.
To ensure that plans for landscaping and open spaces provide a functional and visually pleasing setting for the structures on the site and is harmonious with the natural landscape of the area and nearby developments;
E.
To ensure the preservation of the natural beauty of the city and its setting, to prevent the indiscriminate clearing of property, the destruction of trees and natural vegetation and the excessive and unsightly grading of hillsides, and to preserve the natural landforms;
F.
To ensure that the design and location of signs are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with this title;
G.
To ensure that structures/buildings damaged by fire, earthquake and other natural disasters are reconstructed in accordance with the Grand Terrace Municipal Code, zoning code and other applicable health and safety, building, and fire codes.
(Ord. 157 (part), 1995: Ord. 151 § 1(part), 1994: Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
A.
There are three levels of applications for site and architectural review:
1.
Land use Application;
2.
Administrative site and architectural review; and
3.
Site and architectural review (with public hearing).
B.
Land Use Application. The purpose of this section is to empower the community development director or representative with responsibilities for site and architectural review of minor items, yet which may have potential to adversely affect the environment. Noticing to adjacent property owners will be at the discretion of the community development director, with the exception of satellite dishes.
1.
Land use application, regardless of need for a permit, shall be required in the event any of the following actions or construction occur:
a.
Any new construction exceeding six feet in height;
b.
Any remodeling or renovation of a structure which results in:
i.
A change in use or intensity of use (includes any proposed use of a structure which has been vacant for a period of six months or more), or
ii.
An increase in building size (including bulk area and floor area), or
iii.
Increased capacity, or
iv.
Additional street access;
c.
Plan check or clearance of building plans including, but not limited to: swimming pools, spas, patio covers, enclosures, all types of accessory structures, walls, fences and other structures which do not require administrative or formal site and architectural review.
2.
The following items may be approved by the planning director without going to the site and architectural review board:
a.
Sunrooms, provided they strictly meet the planning commission setback policies, UBC and other construction code regulations;
b.
Satellite dish antennae, provided they can be screened from the street in accordance with code and design standards. Notice including location map or site plan shall be mailed to adjacent property owners requesting comments at least two weeks in advance of the Planning Director's decision;
c.
Overhead decks, provided they strictly meet the Planning Commission design guidelines;
d.
Ground floor additions to existing residential structures located in an R1 district where the addition is less than 500 square feet gross floor area and the exterior design and materials of the addition match the exterior design and materials of the existing structure;
e.
Fences or walls which do not meet Section 18.73.070;
f.
All construction of elevated decks;
g.
Construction of playhouses according to Section 18.63.110 of this Chapter;
h.
Temporary uses with insignificant adverse, long-term impact on the environment, i.e., parking lot sales, rummage sales, Christmas tree sales, seasonal sales and others in the commercial and industrial areas other than residential areas;
i.
In the case of damaged or partially damaged structures due to fire, earthquake, explosion or other natural disasters, and the structure will be reconstructed in the exact condition prior to the disaster and in conformance with applicable City codes and the Zoning Code.
Any item which could not be satisfactorily reviewed at staff level may be subject to site and architectural review at the discretion of the Community Development Director. The Community Development Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070).
C.
Administrative Site and Architectural Review Application. The purpose of this application is to allow staff level review of projects of medium scale and impact without the need for a public hearing, related costs and noticing procedures.
The following items may be approved by the Planning Director without going to the Site and Architectural Review Board. However, the plans must be routed to all reviewing agencies and notices shall be mailed to adjacent property owners requesting comments within two weeks.
The Planning Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days.
Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070).
1.
All accessory structures, except:
a.
Structures with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms;
b.
Structures 1,200 square feet or more in size;
c.
Structures with lot coverage higher than 25 percent;
2.
All room additions, except room additions with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms;
3.
Large scale temporary uses of insignificant adverse impact on the environment, i.e., parking lot sales which require review by fire, health and other agencies;
4.
In case of damaged structures due to fire, earthquakes or other natural disasters where the structure will be reconstructed with alterations but not sufficient to trigger a public hearing.
5.
Developments within the R3-24 and R3-24 Overlay districts. Such developments shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
6.
Applications for second units and two-unit developments in accordance with Chapter 18.65.
7.
Applications for accessory dwelling units and junior accessory dwelling units in accordance with Chapter 18.69.
D.
Site and Architectural Review Application. The purpose of this application is to allow major projects to receive full review from the Site and Architectural Review Board through a public hearing process. Site and architectural review by the Site and Architectural Review Board includes, but is not limited to:
1.
All items which are not subject to land use or administrative site and architectural review applications;
2.
Any conversion of a single ownership property to a condominium ownership or stock cooperative project;
3.
Any placement of a modular structure in any district in accordance with this Title;
4.
Any other project subject to site and architectural review as listed in this Title or in the Barton Road specific plan;
5.
Any item which could not be satisfactorily reviewed at the staff level per discretion of the Community Development Director. Additionally, any replacement or reconstruction of disaster-damaged structures that are not in the same condition as prior, including changes initiated by the applicant or increased square footage of 65 percent or more of the main residential livable area, lot coverage over 25 percent or add accessory structure over 1,200 square feet;
6.
Refer to chart Review Process for Nonconforming Structures Affected By Natural Disasters/Fire.
(Ord. No. 338, § 15, 5-24-2022; Ord. No. 336-U, § 17, 1-25-2022; Ord. No. 303, § 3, 5-9-2017; Ord. No. 298, § 13, 10-11-2016; Ord. 157 (part), 1995: Ord. 151 § 1(part), 1994; Ord. 146 § 1(part), 1993: Ord. 139(part), 1992: Ord. 131 § 2, Exh. B, 1991: Ord. 126 § 2, Exh. A(part), 1990)
The responsibility of the Site and Architectural Review Board and/or Director is to provide comprehensive site plan and architectural review of projects. The scope of the review is to consider the site plan in relation to the property and development standards (i.e. setbacks, lot coverage, building height, parking, etc.), placement of structures, vehicle and pedestrian access, landscaping, police and fire services, grading and drainage, traffic, relationship to existing and planned uses of adjoining and surrounding properties, and relationship to nearby properties and structures and surrounding natural topography. It is also to consider the proposed architecture of buildings in terms of style and design, materials and colors, and size and bulk in relation to the surrounding properties.
Where site and architectural review is required the Site and Architectural Review Board and/or the Community Development Director shall consider the following issues (other relevant issues not listed below may also be considered):
A.
The proposed site plan for the property shall be reviewed taking into consideration the following:
1.
Placement of all structures and improvements (including adherence to setback requirements);
2.
Vehicular ingress and egress;
3.
Internal vehicular circulation and parking lot design;
4.
Pedestrian and vehicular safety;
5.
Landscaping;
6.
Pedestrian amenities;
7.
Lighting;
8.
Location of all service facilities, including waste recycling bins;
9.
Walls and fences;
10.
Police and fire protection;
11.
Relationship to adjoining properties, structures and the site's and surrounding area's natural topography;
12.
Grading and drainage issues;
13.
Relationship to existing and/or the planned use of adjoining properties and within the general area;
14.
Consistency with this Title and the general plan;
15.
Traffic-control measures.
B.
The proposed architecture of all structures shall be reviewed taking into consideration the following:
1.
Architectural style and building design;
2.
Proposed building materials and colors;
3.
Height of structures;
4.
Design and location of all signs;
5.
Size and bulk of the structures in relation to existing and/or planned structures on the subject site, adjoining properties and within the general area;
6.
Consistency with this title and the general plan.
(Ord. No. 264, § 20, 6-12-2012; Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
Applications for site and architectural review shall be submitted to the planning department. The planning director shall review each application and determine its completeness in accordance with planning department policy. Upon determination that an application is complete, the application shall be scheduled either for review by the site and architectural review board or by the community development director as applicable according to Section 18.63.020. Land use applications may be completed by assigned planners at the counter or taken in for review as needed.
An application for site and architectural review shall contain the following:
A.
Completed application form;
B.
Site plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The site plan shall be a fully dimensioned drawing clearly showing:
1.
All buildings, property lines and easements;
2.
All parking spaces, driveways and drive aisles;
3.
All landscaped areas;
4.
All walls and fences;
5.
Location of all signs;
6.
Public improvements to the street centerline;
7.
Site address and assessor's parcel number;
8.
Property owner name and address;
9.
Number of lots and their sizes (in square feet);
10.
North arrow, graphic and numeric scales.
C.
Elevations, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The elevations shall be scaled, dimensioned drawings of each side of each building and/or sign.
D.
Landscape plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The landscape plan shall show the location of all proposed plant material, common and botanical names, quantities and sizes, paved areas and paving materials and property lines.
E.
Grading plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The grading plan shall show existing and proposed topography for the site and within one hundred feet of the property lines. The plan shall also show all trees with a trunk diameter greater than four inches.
F.
Material board, one eight-and-one-half-inch by eleven-inch mounting board showing samples of exterior design elements such as roofing material, paint chips, brick, stone or other accent features.
G.
Three-hundred-foot-radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit.
H.
Application Fee. In case of administrative site and architectural review and land use applications, the number of plans and specific requirements will be determined by the community development director on a case-by-case basis according to the scale and impact of projects. The community development director may require additional information or delete certain requirements from an application depending on the specific situation.
(Ord. 146 § 1(part), 1993: Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)
The site and architectural review board shall hold a public hearing on any proposed site and architectural review application and shall notice said hearing in accordance with Section 65091 of the California Government Code, and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).
(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
After review of an application, the site and architectural review board shall approve the application only if:
A.
The following findings are made:
1.
The proposed project is consistent with the intent of this code and the general plan;
2.
The location and configuration of all structures associated with this project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area;
3.
The architectural design of structures, their materials and colors are visually harmonious with surrounding development, natural landforms, are functional for the proposed project and are consistent with this code;
4.
The plan for landscaping and open spaces provides a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments;
5.
There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the city, its setting and natural landforms are preserved;
6.
The design and location of all signs associated with this project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with this code;
7.
Conditions of approval for this project necessary to secure the purposes of this code and general plan are made a part of this approval.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
The decision of the site and Architectural Review Board shall be final unless appealed to the City Council within ten calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person.
A.
An appeal of a site and architectural review board decision shall be made in the following manner:
1.
Filing with the City Clerk's office a completed application for appeal;
2.
Payment of the appropriate appeal fee.
B.
After accepting an application for appeal, the City Clerk shall set a date for the City Council to hear the appeal. Notices of the appeal shall be given to the applicant, the site and Architectural Review Board and the appellant. The notice shall also be provided in accordance with Section 18.63.050 (Public hearing) of Chapter 18.63 (Site and architectural review).
C.
The site and architectural review board shall submit a report to the City Council containing the reasons for the board's decision and the minutes of its meeting regarding the appealed decision.
D.
The City Council shall hear the appeal and make its own determination regarding the application and its consistency with this Title and the general plan. Upon such determination, the City Council shall uphold, modify or reverse the site and Architectural Review Board's decision. If during the City Council's hearing of the appeal, new information is provided that was not considered by the site and Architectural Review Board, the City Council may refer the application back to the site and Architectural Review Board for reconsideration of the application with the new information.
(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
After the appropriate appeal period has ended or after a final determination is made by the City Council, the applicant may submit for building permits.
The application shall include three sets of the approved site plan, elevations, landscape plan and grading plan, each set shall be approved and signed by the Community Development Director and shall have attached to it a copy of any conditions of approval required by the Site and Architectural Review Board or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable state and local codes.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
An applicant may request minor alterations or revisions to approved plans by the Site and Architectural Review Board after the initial approval of the plans as follows:
A.
Minor alterations to the approved plans which result in a change to the exterior facade of a structure, any element of the landscaping plan or the design of the site plan may be approved by the Community Development Director. Other minor alterations may be approved by the Building and Safety Director. All approved minor alterations shall not result in a substantial change from the approved plans.
B.
Any proposed revisions which result in a substantial change to the approved plans shall be submitted to the Site and Architectural Review Board for consideration pursuant to the procedures set forth in this Chapter for initial application.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
The approval of a site and architectural review application shall expire one year from the date of its approval unless the following actions occur:
A.
The applicant applies for a building permit and commits substantial investment in accordance with the approved plans prior to the expiration date.
B.
A business license is issued in accordance with this Code, as applicable.
C.
The applicant has complied with all applicable conditions of approval.
In case the applicant is not able to comply with Subsection A, B or C of this Section, then the applicant shall apply for an extension of the one-year compliance period prior to expiration date.
The Planning Director may, upon application by the applicant, extend the period of approval for a length of time up to one year. No approval shall be extended to a date beyond two years from the date of the initial approval.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
A.
Definition. "Playhouses" consist of small structures (maximum of 120 square feet, with ground-mounted or elevated floor where raised floor does not exceed six feet in height. Playhouses are made by property owners, "handyman" or premanufactured kits, usually with elevated portions at times connected to other play equipment such as jungle gyms, swings, etc. Playhouses are usually built of wood, painted metal and various other materials. Playhouses are sometimes placed over a tree. These structures are built as children play areas.
It should be noted that premanufactured kits are not pre-approved structures and do not necessarily conform to City codes and to these guidelines. Such kits are subject to the guidelines as much as any playhouses built from scratch by a "handyman" or property owner.
Playhouses are considered accessory structures or "subordinate structures" to the main residence and shall be built in compatibility with the main residence and with surrounding sites and structures.
B.
Goals. The review of a playhouse is therefore to achieve the same goals as the site and architectural review of a main residence, as listed in Section 18.63.010, Purpose, of this Chapter:
"To ensure that the location and configuration of structures are visually harmonious with their sites and surrounding sites and structures, that they do not interfere with neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas, and be in scale with the townscape and natural landscape of the area;
To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landforms, is functional for the proposed project and is consistent with this title;
To ensure the preservation of the natural beauty of the city and its setting, to prevent the indiscriminate clearing of property, the destruction of trees and natural vegetation and the excessive and unsightly grading of hillsides, and to preserve the natural landforms."
C.
Specific Review Criteria.
1.
Location of playhouse shall minimally meet accessory structure setbacks (ten feet rear and five feet side setbacks from toe or top of slope) and shall not be located on utility easements or public right-of-way. It is recommended that playhouses be located as not to be visible from neighbors' yards, whenever possible.
2.
The following criteria apply to all playhouses, but especially to playhouses which are visible from neighbors' yards:
a.
Playhouse windows shall not face neighbors' yards but towards the main residence so as not to interfere with neighbors' privacy.
b.
Ceiling height on elevated playhouses shall not be suitable for adults (maximum of five and one-half feet). An elevated playhouse which functions as an observation tower or elevated deck shall follow a different set of review criteria and may be subject to a public hearing. Playhouses for infants or toddlers who need constant supervision are strongly encouraged to be ground-mounted. Note that a playhouse shall not be elevated more than six feet from grade, otherwise, the "under floor" will be considered a "story" and the structure will no longer be considered a playhouse.
c.
Colors shall be compatible with the main residence and with neighbors' fences in such a manner as to blend in as much as possible. Brightly colored playhouses visible from neighbors' yards are strongly discouraged. Pastel colors such as off-white, cream and light tan are encouraged. This applies to all construction elements, such as walls, pilasters, roof and trim.
d.
In case playhouses barely meet the accessory structure setback requirements, a row of London plane trees or other trees are encouraged to be planted surrounding the structure to diminish visual impact of structure on adjacent residences.
e.
Construction materials shall not include glass, cardboard or sheet aluminum roofing. No electrical or plumbing elements are allowed. First-quality materials are recommended, since playhouses do not require permits and aesthetics and safety of construction is critical.
f.
Playhouses shall be constructed so as not to obstruct scenic views of the mountains or valley and shall be on scale with adjacent development on- and off-site, i.e.:
i.
Hilly areas: In areas of small lots (7,200 square feet or less), a 120 square-foot elevated playhouse (12 feet in height) at five feet from the property line may be perceived as a "huge structure" if seen from a neighbor's yard, especially when in a descendent topography. It is recommended that special attention be given to views when in areas with topographic gradients.
ii.
Areas with existing accessory structures: In the case where other surrounding accessory structures are of eight to ten feet in height, a playhouse with height exceeding ten feet is strongly discouraged. Harmony with scale of surrounding development is to be achieved.
iii.
Flat areas: In case proposed playhouse is the first accessory structure with overall height above six feet in a specific area (three to four adjacent properties), it is strongly recommended that it be ground-mounted and located so as not to be visible from neighbors' yards (roof can be visible). Preservation of existing feelings of openness and space is desired whenever possible. Unless this structure blends in "perfectly" with its surroundings, it is likely to create significant controversy.
iv.
Playhouses on trees:
(A)
When playhouses are installed on a live tree without alterations to the appearance of the tree, they are considered self-screened; however, all other criteria will apply.
(B)
When playhouses are installed on a dead or significantly altered or chopped tree with or without posts of support, they are subject to the guidelines as any other playhouse.
Note that in case these structures are larger than 120 square feet, they are considered illegal structures and shall be demolished. A building permit is not applicable. Chopping or destroying trees to install tree houses is strongly discouraged.
Trees have several natural functions, such as cooling the environment, cleaning the air by producing oxygen, fertilizing and protecting soil from erosion and many more. Trees help to create the very same scenic view which enhances property values. Observations provide evidence that there is a very significant correlation between amount of trees on private and public spaces with high-image cities and neighborhoods. While one tree may be interrupting a scenic view, all the neighborhood trees, including the one in question, together help maintain and enhance the quality of life and property values in that community.
D.
Review Procedures Required.
1.
Playhouses exceeding six feet in overall height are subject to playhouse review criteria and require Community Development Director clearance (land use approval application $33.00 fee). Playhouses are exempt from building permit.
2.
Playhouses which are six feet or below in overall height are exempt from both permit and planning review.
Note that small structures exceeding 120 square feet with second story, are not considered playhouses and are subject to permit. When subject to a permit, such a structure will need to meet habitable standards, including, but not limited to, Title 24 of the Uniform Building Code, energy conservation, electrical, plumbing, etc. This basically transforms the small structure into a "recreation room" of "accessory living quarters."
E.
Process. In case your proposed playhouse meets all criteria, an over-the-counter approval will be granted. Otherwise, noticing to adjacent neighbors may be required to avoid complaints in the future. At the end of two weeks, if no complaints are received, the application will be approved subject to the community development director's recommendation. To expedite the process, the applicant has the option to bring support letters from the neighbors. In case neighbors are concerned, a meeting will take place for exchange of information. Usually, it resolves all questions and the project can proceed. Ultimately, in case the applicant is not accepting of the Community Development Director's approval recommendations, then he/she can appeal to the Planning Commission per Section 18.63.070.
(Ord. 146 § 1(part), 1993)
In the case of new residential, commercial or industrial units all rooftop mechanical equipment shall be located at a distance from the edge of the building or shielded by means of a lattice or similar materials or parapet, so as not to be visible from the pedestrian level, adjacent roads or adjacent properties. In case of fire-damaged structures, staff will evaluate projects on a one-by-one-case basis before applying requirement.
(Ord. 157 (part), 1995)
63 - SITE AND ARCHITECTURAL REVIEW
Sections:
The purpose of this chapter is to empower the planning commission to sit as the city's site and architectural review board and the community development director with the responsibility for comprehensive site plan and architectural review in order to achieve the following:
A.
To ensure that new development and the alteration or enlargement of existing development occurs in a manner that is consistent with the intent of this title and the general plan;
B.
To ensure that the location and configuration of structures are visually harmonious with their sites and surrounding sites and structures, that they do not interfere with neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas, and be in scale with the townscape and natural landscape of the area;
C.
To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landforms, is functional for the proposed project and is consistent with this title;
D.
To ensure that plans for landscaping and open spaces provide a functional and visually pleasing setting for the structures on the site and is harmonious with the natural landscape of the area and nearby developments;
E.
To ensure the preservation of the natural beauty of the city and its setting, to prevent the indiscriminate clearing of property, the destruction of trees and natural vegetation and the excessive and unsightly grading of hillsides, and to preserve the natural landforms;
F.
To ensure that the design and location of signs are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with this title;
G.
To ensure that structures/buildings damaged by fire, earthquake and other natural disasters are reconstructed in accordance with the Grand Terrace Municipal Code, zoning code and other applicable health and safety, building, and fire codes.
(Ord. 157 (part), 1995: Ord. 151 § 1(part), 1994: Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
A.
There are three levels of applications for site and architectural review:
1.
Land use Application;
2.
Administrative site and architectural review; and
3.
Site and architectural review (with public hearing).
B.
Land Use Application. The purpose of this section is to empower the community development director or representative with responsibilities for site and architectural review of minor items, yet which may have potential to adversely affect the environment. Noticing to adjacent property owners will be at the discretion of the community development director, with the exception of satellite dishes.
1.
Land use application, regardless of need for a permit, shall be required in the event any of the following actions or construction occur:
a.
Any new construction exceeding six feet in height;
b.
Any remodeling or renovation of a structure which results in:
i.
A change in use or intensity of use (includes any proposed use of a structure which has been vacant for a period of six months or more), or
ii.
An increase in building size (including bulk area and floor area), or
iii.
Increased capacity, or
iv.
Additional street access;
c.
Plan check or clearance of building plans including, but not limited to: swimming pools, spas, patio covers, enclosures, all types of accessory structures, walls, fences and other structures which do not require administrative or formal site and architectural review.
2.
The following items may be approved by the planning director without going to the site and architectural review board:
a.
Sunrooms, provided they strictly meet the planning commission setback policies, UBC and other construction code regulations;
b.
Satellite dish antennae, provided they can be screened from the street in accordance with code and design standards. Notice including location map or site plan shall be mailed to adjacent property owners requesting comments at least two weeks in advance of the Planning Director's decision;
c.
Overhead decks, provided they strictly meet the Planning Commission design guidelines;
d.
Ground floor additions to existing residential structures located in an R1 district where the addition is less than 500 square feet gross floor area and the exterior design and materials of the addition match the exterior design and materials of the existing structure;
e.
Fences or walls which do not meet Section 18.73.070;
f.
All construction of elevated decks;
g.
Construction of playhouses according to Section 18.63.110 of this Chapter;
h.
Temporary uses with insignificant adverse, long-term impact on the environment, i.e., parking lot sales, rummage sales, Christmas tree sales, seasonal sales and others in the commercial and industrial areas other than residential areas;
i.
In the case of damaged or partially damaged structures due to fire, earthquake, explosion or other natural disasters, and the structure will be reconstructed in the exact condition prior to the disaster and in conformance with applicable City codes and the Zoning Code.
Any item which could not be satisfactorily reviewed at staff level may be subject to site and architectural review at the discretion of the Community Development Director. The Community Development Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070).
C.
Administrative Site and Architectural Review Application. The purpose of this application is to allow staff level review of projects of medium scale and impact without the need for a public hearing, related costs and noticing procedures.
The following items may be approved by the Planning Director without going to the Site and Architectural Review Board. However, the plans must be routed to all reviewing agencies and notices shall be mailed to adjacent property owners requesting comments within two weeks.
The Planning Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days.
Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070).
1.
All accessory structures, except:
a.
Structures with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms;
b.
Structures 1,200 square feet or more in size;
c.
Structures with lot coverage higher than 25 percent;
2.
All room additions, except room additions with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms;
3.
Large scale temporary uses of insignificant adverse impact on the environment, i.e., parking lot sales which require review by fire, health and other agencies;
4.
In case of damaged structures due to fire, earthquakes or other natural disasters where the structure will be reconstructed with alterations but not sufficient to trigger a public hearing.
5.
Developments within the R3-24 and R3-24 Overlay districts. Such developments shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
6.
Applications for second units and two-unit developments in accordance with Chapter 18.65.
7.
Applications for accessory dwelling units and junior accessory dwelling units in accordance with Chapter 18.69.
D.
Site and Architectural Review Application. The purpose of this application is to allow major projects to receive full review from the Site and Architectural Review Board through a public hearing process. Site and architectural review by the Site and Architectural Review Board includes, but is not limited to:
1.
All items which are not subject to land use or administrative site and architectural review applications;
2.
Any conversion of a single ownership property to a condominium ownership or stock cooperative project;
3.
Any placement of a modular structure in any district in accordance with this Title;
4.
Any other project subject to site and architectural review as listed in this Title or in the Barton Road specific plan;
5.
Any item which could not be satisfactorily reviewed at the staff level per discretion of the Community Development Director. Additionally, any replacement or reconstruction of disaster-damaged structures that are not in the same condition as prior, including changes initiated by the applicant or increased square footage of 65 percent or more of the main residential livable area, lot coverage over 25 percent or add accessory structure over 1,200 square feet;
6.
Refer to chart Review Process for Nonconforming Structures Affected By Natural Disasters/Fire.
(Ord. No. 338, § 15, 5-24-2022; Ord. No. 336-U, § 17, 1-25-2022; Ord. No. 303, § 3, 5-9-2017; Ord. No. 298, § 13, 10-11-2016; Ord. 157 (part), 1995: Ord. 151 § 1(part), 1994; Ord. 146 § 1(part), 1993: Ord. 139(part), 1992: Ord. 131 § 2, Exh. B, 1991: Ord. 126 § 2, Exh. A(part), 1990)
The responsibility of the Site and Architectural Review Board and/or Director is to provide comprehensive site plan and architectural review of projects. The scope of the review is to consider the site plan in relation to the property and development standards (i.e. setbacks, lot coverage, building height, parking, etc.), placement of structures, vehicle and pedestrian access, landscaping, police and fire services, grading and drainage, traffic, relationship to existing and planned uses of adjoining and surrounding properties, and relationship to nearby properties and structures and surrounding natural topography. It is also to consider the proposed architecture of buildings in terms of style and design, materials and colors, and size and bulk in relation to the surrounding properties.
Where site and architectural review is required the Site and Architectural Review Board and/or the Community Development Director shall consider the following issues (other relevant issues not listed below may also be considered):
A.
The proposed site plan for the property shall be reviewed taking into consideration the following:
1.
Placement of all structures and improvements (including adherence to setback requirements);
2.
Vehicular ingress and egress;
3.
Internal vehicular circulation and parking lot design;
4.
Pedestrian and vehicular safety;
5.
Landscaping;
6.
Pedestrian amenities;
7.
Lighting;
8.
Location of all service facilities, including waste recycling bins;
9.
Walls and fences;
10.
Police and fire protection;
11.
Relationship to adjoining properties, structures and the site's and surrounding area's natural topography;
12.
Grading and drainage issues;
13.
Relationship to existing and/or the planned use of adjoining properties and within the general area;
14.
Consistency with this Title and the general plan;
15.
Traffic-control measures.
B.
The proposed architecture of all structures shall be reviewed taking into consideration the following:
1.
Architectural style and building design;
2.
Proposed building materials and colors;
3.
Height of structures;
4.
Design and location of all signs;
5.
Size and bulk of the structures in relation to existing and/or planned structures on the subject site, adjoining properties and within the general area;
6.
Consistency with this title and the general plan.
(Ord. No. 264, § 20, 6-12-2012; Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
Applications for site and architectural review shall be submitted to the planning department. The planning director shall review each application and determine its completeness in accordance with planning department policy. Upon determination that an application is complete, the application shall be scheduled either for review by the site and architectural review board or by the community development director as applicable according to Section 18.63.020. Land use applications may be completed by assigned planners at the counter or taken in for review as needed.
An application for site and architectural review shall contain the following:
A.
Completed application form;
B.
Site plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The site plan shall be a fully dimensioned drawing clearly showing:
1.
All buildings, property lines and easements;
2.
All parking spaces, driveways and drive aisles;
3.
All landscaped areas;
4.
All walls and fences;
5.
Location of all signs;
6.
Public improvements to the street centerline;
7.
Site address and assessor's parcel number;
8.
Property owner name and address;
9.
Number of lots and their sizes (in square feet);
10.
North arrow, graphic and numeric scales.
C.
Elevations, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The elevations shall be scaled, dimensioned drawings of each side of each building and/or sign.
D.
Landscape plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The landscape plan shall show the location of all proposed plant material, common and botanical names, quantities and sizes, paved areas and paving materials and property lines.
E.
Grading plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The grading plan shall show existing and proposed topography for the site and within one hundred feet of the property lines. The plan shall also show all trees with a trunk diameter greater than four inches.
F.
Material board, one eight-and-one-half-inch by eleven-inch mounting board showing samples of exterior design elements such as roofing material, paint chips, brick, stone or other accent features.
G.
Three-hundred-foot-radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit.
H.
Application Fee. In case of administrative site and architectural review and land use applications, the number of plans and specific requirements will be determined by the community development director on a case-by-case basis according to the scale and impact of projects. The community development director may require additional information or delete certain requirements from an application depending on the specific situation.
(Ord. 146 § 1(part), 1993: Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)
The site and architectural review board shall hold a public hearing on any proposed site and architectural review application and shall notice said hearing in accordance with Section 65091 of the California Government Code, and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).
(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
After review of an application, the site and architectural review board shall approve the application only if:
A.
The following findings are made:
1.
The proposed project is consistent with the intent of this code and the general plan;
2.
The location and configuration of all structures associated with this project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area;
3.
The architectural design of structures, their materials and colors are visually harmonious with surrounding development, natural landforms, are functional for the proposed project and are consistent with this code;
4.
The plan for landscaping and open spaces provides a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments;
5.
There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the city, its setting and natural landforms are preserved;
6.
The design and location of all signs associated with this project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with this code;
7.
Conditions of approval for this project necessary to secure the purposes of this code and general plan are made a part of this approval.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
The decision of the site and Architectural Review Board shall be final unless appealed to the City Council within ten calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person.
A.
An appeal of a site and architectural review board decision shall be made in the following manner:
1.
Filing with the City Clerk's office a completed application for appeal;
2.
Payment of the appropriate appeal fee.
B.
After accepting an application for appeal, the City Clerk shall set a date for the City Council to hear the appeal. Notices of the appeal shall be given to the applicant, the site and Architectural Review Board and the appellant. The notice shall also be provided in accordance with Section 18.63.050 (Public hearing) of Chapter 18.63 (Site and architectural review).
C.
The site and architectural review board shall submit a report to the City Council containing the reasons for the board's decision and the minutes of its meeting regarding the appealed decision.
D.
The City Council shall hear the appeal and make its own determination regarding the application and its consistency with this Title and the general plan. Upon such determination, the City Council shall uphold, modify or reverse the site and Architectural Review Board's decision. If during the City Council's hearing of the appeal, new information is provided that was not considered by the site and Architectural Review Board, the City Council may refer the application back to the site and Architectural Review Board for reconsideration of the application with the new information.
(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
After the appropriate appeal period has ended or after a final determination is made by the City Council, the applicant may submit for building permits.
The application shall include three sets of the approved site plan, elevations, landscape plan and grading plan, each set shall be approved and signed by the Community Development Director and shall have attached to it a copy of any conditions of approval required by the Site and Architectural Review Board or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable state and local codes.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
An applicant may request minor alterations or revisions to approved plans by the Site and Architectural Review Board after the initial approval of the plans as follows:
A.
Minor alterations to the approved plans which result in a change to the exterior facade of a structure, any element of the landscaping plan or the design of the site plan may be approved by the Community Development Director. Other minor alterations may be approved by the Building and Safety Director. All approved minor alterations shall not result in a substantial change from the approved plans.
B.
Any proposed revisions which result in a substantial change to the approved plans shall be submitted to the Site and Architectural Review Board for consideration pursuant to the procedures set forth in this Chapter for initial application.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
The approval of a site and architectural review application shall expire one year from the date of its approval unless the following actions occur:
A.
The applicant applies for a building permit and commits substantial investment in accordance with the approved plans prior to the expiration date.
B.
A business license is issued in accordance with this Code, as applicable.
C.
The applicant has complied with all applicable conditions of approval.
In case the applicant is not able to comply with Subsection A, B or C of this Section, then the applicant shall apply for an extension of the one-year compliance period prior to expiration date.
The Planning Director may, upon application by the applicant, extend the period of approval for a length of time up to one year. No approval shall be extended to a date beyond two years from the date of the initial approval.
(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)
A.
Definition. "Playhouses" consist of small structures (maximum of 120 square feet, with ground-mounted or elevated floor where raised floor does not exceed six feet in height. Playhouses are made by property owners, "handyman" or premanufactured kits, usually with elevated portions at times connected to other play equipment such as jungle gyms, swings, etc. Playhouses are usually built of wood, painted metal and various other materials. Playhouses are sometimes placed over a tree. These structures are built as children play areas.
It should be noted that premanufactured kits are not pre-approved structures and do not necessarily conform to City codes and to these guidelines. Such kits are subject to the guidelines as much as any playhouses built from scratch by a "handyman" or property owner.
Playhouses are considered accessory structures or "subordinate structures" to the main residence and shall be built in compatibility with the main residence and with surrounding sites and structures.
B.
Goals. The review of a playhouse is therefore to achieve the same goals as the site and architectural review of a main residence, as listed in Section 18.63.010, Purpose, of this Chapter:
"To ensure that the location and configuration of structures are visually harmonious with their sites and surrounding sites and structures, that they do not interfere with neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas, and be in scale with the townscape and natural landscape of the area;
To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landforms, is functional for the proposed project and is consistent with this title;
To ensure the preservation of the natural beauty of the city and its setting, to prevent the indiscriminate clearing of property, the destruction of trees and natural vegetation and the excessive and unsightly grading of hillsides, and to preserve the natural landforms."
C.
Specific Review Criteria.
1.
Location of playhouse shall minimally meet accessory structure setbacks (ten feet rear and five feet side setbacks from toe or top of slope) and shall not be located on utility easements or public right-of-way. It is recommended that playhouses be located as not to be visible from neighbors' yards, whenever possible.
2.
The following criteria apply to all playhouses, but especially to playhouses which are visible from neighbors' yards:
a.
Playhouse windows shall not face neighbors' yards but towards the main residence so as not to interfere with neighbors' privacy.
b.
Ceiling height on elevated playhouses shall not be suitable for adults (maximum of five and one-half feet). An elevated playhouse which functions as an observation tower or elevated deck shall follow a different set of review criteria and may be subject to a public hearing. Playhouses for infants or toddlers who need constant supervision are strongly encouraged to be ground-mounted. Note that a playhouse shall not be elevated more than six feet from grade, otherwise, the "under floor" will be considered a "story" and the structure will no longer be considered a playhouse.
c.
Colors shall be compatible with the main residence and with neighbors' fences in such a manner as to blend in as much as possible. Brightly colored playhouses visible from neighbors' yards are strongly discouraged. Pastel colors such as off-white, cream and light tan are encouraged. This applies to all construction elements, such as walls, pilasters, roof and trim.
d.
In case playhouses barely meet the accessory structure setback requirements, a row of London plane trees or other trees are encouraged to be planted surrounding the structure to diminish visual impact of structure on adjacent residences.
e.
Construction materials shall not include glass, cardboard or sheet aluminum roofing. No electrical or plumbing elements are allowed. First-quality materials are recommended, since playhouses do not require permits and aesthetics and safety of construction is critical.
f.
Playhouses shall be constructed so as not to obstruct scenic views of the mountains or valley and shall be on scale with adjacent development on- and off-site, i.e.:
i.
Hilly areas: In areas of small lots (7,200 square feet or less), a 120 square-foot elevated playhouse (12 feet in height) at five feet from the property line may be perceived as a "huge structure" if seen from a neighbor's yard, especially when in a descendent topography. It is recommended that special attention be given to views when in areas with topographic gradients.
ii.
Areas with existing accessory structures: In the case where other surrounding accessory structures are of eight to ten feet in height, a playhouse with height exceeding ten feet is strongly discouraged. Harmony with scale of surrounding development is to be achieved.
iii.
Flat areas: In case proposed playhouse is the first accessory structure with overall height above six feet in a specific area (three to four adjacent properties), it is strongly recommended that it be ground-mounted and located so as not to be visible from neighbors' yards (roof can be visible). Preservation of existing feelings of openness and space is desired whenever possible. Unless this structure blends in "perfectly" with its surroundings, it is likely to create significant controversy.
iv.
Playhouses on trees:
(A)
When playhouses are installed on a live tree without alterations to the appearance of the tree, they are considered self-screened; however, all other criteria will apply.
(B)
When playhouses are installed on a dead or significantly altered or chopped tree with or without posts of support, they are subject to the guidelines as any other playhouse.
Note that in case these structures are larger than 120 square feet, they are considered illegal structures and shall be demolished. A building permit is not applicable. Chopping or destroying trees to install tree houses is strongly discouraged.
Trees have several natural functions, such as cooling the environment, cleaning the air by producing oxygen, fertilizing and protecting soil from erosion and many more. Trees help to create the very same scenic view which enhances property values. Observations provide evidence that there is a very significant correlation between amount of trees on private and public spaces with high-image cities and neighborhoods. While one tree may be interrupting a scenic view, all the neighborhood trees, including the one in question, together help maintain and enhance the quality of life and property values in that community.
D.
Review Procedures Required.
1.
Playhouses exceeding six feet in overall height are subject to playhouse review criteria and require Community Development Director clearance (land use approval application $33.00 fee). Playhouses are exempt from building permit.
2.
Playhouses which are six feet or below in overall height are exempt from both permit and planning review.
Note that small structures exceeding 120 square feet with second story, are not considered playhouses and are subject to permit. When subject to a permit, such a structure will need to meet habitable standards, including, but not limited to, Title 24 of the Uniform Building Code, energy conservation, electrical, plumbing, etc. This basically transforms the small structure into a "recreation room" of "accessory living quarters."
E.
Process. In case your proposed playhouse meets all criteria, an over-the-counter approval will be granted. Otherwise, noticing to adjacent neighbors may be required to avoid complaints in the future. At the end of two weeks, if no complaints are received, the application will be approved subject to the community development director's recommendation. To expedite the process, the applicant has the option to bring support letters from the neighbors. In case neighbors are concerned, a meeting will take place for exchange of information. Usually, it resolves all questions and the project can proceed. Ultimately, in case the applicant is not accepting of the Community Development Director's approval recommendations, then he/she can appeal to the Planning Commission per Section 18.63.070.
(Ord. 146 § 1(part), 1993)
In the case of new residential, commercial or industrial units all rooftop mechanical equipment shall be located at a distance from the edge of the building or shielded by means of a lattice or similar materials or parapet, so as not to be visible from the pedestrian level, adjacent roads or adjacent properties. In case of fire-damaged structures, staff will evaluate projects on a one-by-one-case basis before applying requirement.
(Ord. 157 (part), 1995)