The purpose of this Chapter is to promote orderly development, to enhance the character, stability, integrity and appearance of neighborhoods within the City, to maintain and protect the stability and integrity of land values, and to secure the general purposes of this Chapter and of the Monte Sereno General Plan.

In order to accomplish the purpose, it is necessary for the City, through the Site and Architectural Commission, to review and regulate the aesthetic and functional aspects of structures and sites and to require, as the Commission determines necessary, the aesthetic and functional improvements to the site and to any structures thereon.

(Ord. No. NS-225, § 3, 5-4-2021)

Editor's note— Ord. No. NS-223, § 2, adopted Apr. 7, 2020, repealed § 10.08.020 entitled "Establishment of Site and Architectural Commission," which derived from: Ords. 130 § 1, 2002 and 132 § 1, 2002; and Ord. No. NS-174, §§ 1, 2, adopted Feb. 1, 2011.

Editor's note— Ord. No. NS-223, § 2, adopted Apr. 7, 2020, repealed § 10.08.030 entitled "Site and Architectural Committee meetings," which derived from Ord. 120 § 1, 2000.

The following proposed projects shall require a site development permit, which shall be issued prior to the issuance of a building permit or a demolition permit:

A.

Any new building exceeding one hundred twenty (120) square feet, except any accessory dwelling unit permitted in accordance with Section 10.06.140.

B.

Any addition that adds five hundred (500) square feet or more to an existing building or structure in the R-1-8 zoning district or seven hundred fifty (750) square feet or more to an existing building or structure in the R-1-20 or R-1-44 zoning district.

C.

Any modification to the roof that results in a new or modified roof design or that increases the roof height of an existing structure by more than twenty-four (24) inches.

D.

Any additions that add two hundred fifty (250) square feet or more to the second story of an existing two-story building in the R-1-8 zoning district or five hundred (500) square feet or more in the R-1-20 and R-1-44 zoning district.

E.

Any additions of a second story to an existing single-story building.

F.

The addition of an architectural element to a legally existing light post or entry column if such addition would cause the total height of the light post or entry column to exceed the height limitations outlined in Section 10.17.040. An architectural element may be added to an existing light post or entry column with a site development permit if the height of the architectural element does not exceed one-half of the height (up to nine (9) feet) of the legally existing light post or entry column. The proposed architectural element shall be setback one (1) foot from the property line for every two (2) feet in height of the architectural element and light post or entry column.

G.

The construction of a light post or entry column which includes an architectural element if the total height of the light posts or entry column with the architectural element exceeds the height limits outlined in Section 10.17.040. In no event shall the total height of the light post or entry column with the architectural element exceed eight (8) feet. In no event shall the architectural element be taller than one-half of the light post or entry column.

H.

The addition of a pedestrian arbor that exceeds seven (7) feet in height to any fence, or a fence greater in height than three (3) feet in any part of any front yard, within ten (10) feet of any side corner property line of a lot in the R-1-8 zoning district, or within fifteen (15) feet of any side corner property line of a lot in the R-1-20 and R-1 44 zoning district.

I.

Residential development projects pursuant to Section 10.05.080.

Issuance of a site development permit shall be reviewed and acted upon by the Commission at a regular or special meeting, except that a residential development project meeting the requirements of Section 10.05.080 shall be reviewed ministerially and without public hearing by the City Planner.

(Ord. 135 § 1, 2002; Ord. 124 § 6, 2000; Ord. No. NS-178, §§ 4—6, 7-19-2011; Ord. No. NS-210, § 1, 3-21-2017; Ord. No. NS-225, § 2, 5-4-2021; Ord. No. NS-228, § 4, 12-21-2021; Ord. No. NS-229, § 4, 1-4-2022)

For any project for which a site development permit is required, the following process shall be followed:

A.

Application. Application for site development permits shall be in writing in such form and with such materials as may be prescribed by the City. An application fee to be established by the City from time to time shall be collected at the time of submittal of the application.

For applications requesting a site development permit for: (1) a new single-family dwelling, duplex or triplex (main house); or (2) a new accessory structure exceeding five hundred (500) square feet; or (3) any second story addition; or (4) any addition of more than five hundred (500) square feet to an existing dwelling unit (main house), erection of story poles depicting the proposed building elevations and maximum ridge height. The height and the location of the story poles shall be certified in writing by a licensed land surveyor or engineer to the satisfaction of the City Planning Director.

B.

Hearings Before the Commission. For projects subject to approval by the Commission, upon receipt of a complete application, the City shall cause notice of the time and place at which all interested persons may appear before the Commission to be sent to the applicant and his/her agents and all property owners within three hundred (300) feet of the proposed project and shall thereafter hold a hearing at the time and place specified.

Prior to the hearing, the City Manager or his/her designee shall prepare a staff report summarizing the project and recommending action to the Commission. At the hearing, the Commission shall consider the City Manager's or his/her designee's staff report, any development guidelines applicable to the project, and hear and consider any evidence, oral or written, which has been presented at or prior to the hearing. At the conclusion of the hearing, the Commission may approve, conditionally approve or deny the application for a site development permit. Any approval, conditional approval or denial by the Commission shall become final unless the matter is appealed to the City Council as provided in Section 10.08.060.

No site development permit shall be issued unless the Commission makes the following findings:

1.

Whether the proposed improvement and/or use is compatible with the character of the surrounding neighborhood in which it would be located.

2.

Whether the orientation and location of the buildings take into consideration the visual impact which could result from the proposed improvement and/or use.

3.

Whether the proposed improvements, including architecture, are consistent with the City's design guidelines.

4.

If applicable, whether the proposed improvement and/or use will provide for minimum grading and retention of the natural contours of the land then existing in order to protect the natural slope of the lot.

5.

If applicable, whether the proposed improvement and/or use provides for:

a.

Retention of significant trees as defined elsewhere in the Code, unless the findings required by Section 10.15.070 of the Code can be made;

b.

Preservation of solar access.

6.

If applicable, whether the landscaping for the proposed improvement and/or use emphasizes the use of native materials in the area.

In connection with its review of each of the foregoing matters, the Commission may include in any site development permit such conditions as it may determine to be necessary in order to ameliorate or mitigate identified impacts of the project. Such conditions, without limiting the discretion of the Commission, may include a time limitation, site planning limitations, architectural conditions, setback restrictions, occupancy regulations, landscape regulations or drainage and sewage regulation.

C.

Findings. The Commission shall adopt findings and conclusions regarding the application.

D.

No Decision. In the event the Commission is unable to reach a decision on an application, the application will be reviewed by the City Council in the manner prescribed in Section 10.08.060 of this Chapter.

E.

Review by City Planner for Residential Development Projects Under Section 10.05.080. A residential development project meeting the requirements of Section 10.05.080 shall be reviewed ministerially and without public hearing by the City Planner. In considering such application, the City Planner shall approve the project unless: (1) the proposed project does not meet the requirements of Section 10.05.080, or (2) if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Any approval, conditional approval or denial by the City Planner of a site development permit under this Subsection shall be final with no further appeal. All permits granted under this Subsection shall be conditioned on: (1) compliance with the objective zoning standards that are applicable to the parcel based on the applicable zoning district as set forth in Chapter 10.05 of this Code, except for as such standards may be modified under Section 10.05.080, and (2) compliance with any objective design standards adopted into the City's design guidelines, unless the applicant demonstrates that such objective zoning or design standard would have the effect of physically precluding the construction of up to two (2) units or that would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area. The City Planner shall cause notice of the application to be sent to property owners within six hundred (600) feet upon the submission of an application.

(Ord. 138 § 1, 2003; Ord. 133 § 1, 2002; Ord. No. NS-166, § 1, 4-21-2009; Ord. No. NS-170, § 1, 4-20-2010; Ord. No. NS-210, § 2, 3-21-2017; Ord. No. NS-219, § 2, 8-6-2019; Ord. No. NS-225, § 3, 5-4-2021; Ord. No. NS-228, § 4, 12-21-2021; Ord. No. NS-229, § 4, 1-4-2022; Ord. No. NS-235, §§ 3, 4, 5-2-2023; Ord. No. NS-240, § 2, 11-7-2023)

In the event a site development permit application is related to another application on which only the City Council may act, including, but not limited to, a conditional use permit, grading use permit, variance, tree removal, or site and architectural review for a subdivision, rather than approve, conditionally approve, or deny the site development permit, the Commission shall send a recommendation for approval, conditional approval, or denial to the City Council. In the case site and architectural review for a subdivision, the Commission shall send a recommendation for approval, conditional approval, or denial to the City Council. The City Council shall consider the recommendation of the Commission and approve, conditionally approve or deny the application for a site development permit based on the findings outlined in this Section. Such approval, conditional approval or denial shall be a final decision.

(Ord. No. NS-219, § 3, 8-6-2019; Ord. No. NS-225, § 3, 5-4-2021)

Any action taken by the Commission pursuant to this Chapter to grant, conditionally grant or deny a site development permit may be appealed to the City Council by filing, with the City Clerk, a written notice of appeal within ten (10) calendar days of the decision of the Commission. The applicant, any property owner or tenant of property within three hundred (300) feet of the subject site, a City Council member or the City Manager may file such a notice of appeal. When such notice has been accepted by the City Clerk for filing the following shall occur:

A.

Notice and Time of the Hearing. The City Clerk shall, subject to the rules of the City Council, set a date for the public hearing which shall be held by the City Council. The date of hearing shall be not less than ten (10), nor more than sixty (60) calendar days after the notice of appeal was received by the City Clerk.

B.

Information Provided to City Council. The City Manager or his/her designee shall provide a report to the City Council summarizing the project and outlining the decision and findings of the Commission. In addition thereto, the City Manager or his/her designee shall file with the City Council at its hearing all relevant papers, documents and exhibits which are part of the file.

C.

Hearing. The City Council shall hold a public hearing to consider the appeal at the time and place set by the City Clerk. The City Council shall hear the matter de novo. The City Council shall hear and consider only those issues which were presented to the Commission, except for any new issues which could not have been known at the time of the Commission hearing.

D.

After hearing and considering all the evidence, the City Council shall uphold the decision of the Commission, reverse the decision of the Commission or modify the decision of the Commission. Nothing in this Chapter shall preclude the City Council from modifying, adding or deleting any condition of the site development permit in order to protect the public peace, health, safety and welfare.

E.

Findings and Decision. Within a reasonable time after the City Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The decision of the City Council shall be final.

(Ord. 130 § 2, 2002; Ord. No. NS-225, § 3, 5-4-2021; Ord. No. NS-235, § 5, 5-2-2023)

In any case where the conditions and limitations to the site development permit have been violated as imposed by the Commission and/or the City Council, the City shall give notice to the permittee that the site development permit may be revoked, and shall revoke said site development permit if the stated requirements are not met within sixty (60) days of the date of the notice.

(Ord. No. NS-225, § 3, 5-4-2021)

The provisions of this part shall apply to and govern the issuance of planned development permits, commonly referred to as "PD permits" for planned developments in Planned Development Districts, hereinafter also referred to in the part as "planned development zonings." A planned development permit is a use permit as well as a permit which addresses aesthetic and functional aspects of development. Any planned development permit issued under this part shall be subject to the general provision of this Chapter related to development permits and the provisions of said section shall control over any inconsistent provisions of this part.

(Ord. No. NS-215, § 4, 4-3-2018)

Unless the base zone is being utilized:

A.

No building or structure shall be erected, constructed, enlarged, placed or installed or moved onto any site nor shall there be any exterior alteration of any structure which is in a planned development district, and no building permit or installation permit shall be issued for such work, except pursuant to and in accordance with a planned development permit.

B.

No use shall be added, changed, modified, enlarged or altered on any site which is in a Planned Development District except pursuant to and in accordance with a planned development permit.

C.

A planned development permit may be issued for all or any part of the property situated in a Planned Development District.

D.

A planned development permit or amendment to a planned development permit may be issued for:

1.

The use of new dwelling units, which are not yet occupied for residential purposes, as model homes or sales offices in connection with the sale of swelling units in a Planned Development District.

2.

The use of structures, such as mobile homes, as sales offices in connection with the sale of dwelling units in a Planned Development District.

3.

The use of land in the Planned Development District for off-street parking or other uses incidental to the sales office or model home operation. Such use shall be limited to the duration of the sales office or model home operation.

(Ord. No. NS-215, § 4, 4-3-2018)

A.

Pursuant to and in accordance with the provisions of this part, the City Council may issue a planned development permit. For projects which require certification of an environmental impact report for environmental clearance, the City Council may issue planned development permits if the project as proposed includes all mitigation measures identified in the draft environmental impact report or negative declaration for the project as necessary to reduce the impacts of the project to a less than significant level. (They'd have to do a statement of overriding considerations.)

B.

Under no circumstances shall any applicant have the right to have a planned development permit issued for any property in a Planned Development District and nothing contained in this part shall, in any event or under any circumstances, be deemed or construed to confer on any applicant the right to have a planned development permit issued for any property.

(Ord. No. NS-215, § 4, 4-3-2018)

Upon finding of an application for a planned development permit complete pursuant to this Chapter, the staff shall review the application and shall notice and set a public hearing before the Site and Architecture Commission, which shall review the application and provide a recommendation to the City Council. Following the public hearing before the Site and Architecture Commission, staff shall notice and set a public hearing on the application before the City Council.

(Ord. No. NS-215, § 4, 4-3-2018; Ord. No. NS-223, § 4, 4-7-2020)

Editor's note— Formerly entitled "Action by City Council," which was amended as herein set out above by Ord. No. NS-223.

A.

The City Council may issue a planned development permit only if all of the following findings are made:

1.

The planned development permit, as issued, is consistent with and furthers the policies of the general plan; and

2.

The planned development permit, as issued, confirms in all respects to the planned development zoning of the property; and

3.

The planned development permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and

4.

The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious; and

5.

The environmental impacts of the project, including, but not limited to, noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have and unacceptable negative effect on adjacent property or properties.

B.

The City Council shall deny the application where the information by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

C.

The City Council shall have written findings and conclusions regarding the application prepared and placed in the mail to the applicant within fifteen (15) days of its final decision.

(Ord. No. NS-215, § 4, 4-3-2018)

For any project for which a planned development permit is required, the following process shall be followed:

A.

Application. Application for planned development permits shall be in writing in such form as may be prescribed by the City. An application fee to be established by the City from time to time shall be collected at the time of submittal of the application. In addition to any application and application fee, the following information shall be provided with the number of copies required by the City:

1.

A full set of plans (no larger than twenty-four (24) inches by thirty-six (36) inches) in a form acceptable to the City, containing (as applicable):

a.

Site plan, including allowable and proposed setbacks and indicating all structures proposed and existing. The site plan must be completed by a licensed land surveyor or licensed civil engineer;

b.

Floor plan;

c.

Elevations, including allowable and proposed height. Height shall be indicated as an elevation based off a boundary survey utilizing the City's benchmarks;

d.

Cross-sections;

e.

Landscape plan;

f.

Roof plan;

g.

Scale and dimensions on each page;

h.

Site address;

i.

Grading plan;

j.

Materials. For all new single-family dwelling, duplexes or triplexes, a physical materials board that accurately represents the actual finish materials being proposed; for all other projects, color photos that accurately reflect the finish materials and colors being proposed; and

k.

Streetscape/neighborhood context for new homes and second story additions within the R-1-8 zoning district please provide elevations illustrating building height and mass (including major architectural features) in relationship to:

i.

Structures on either side of the property; identify property addresses.

2.

Calculations for the following:

a.

Lot area;

b.

Allowable maximum square footage of main dwelling;

c.

Proposed square footage of main dwelling;

d.

Allowable and proposed structural coverage figure;

e.

Allowable and proposed impervious coverage figure;

f.

Proposed grading quantity (cut and fill); and

3.

For applications requesting a planned development permit for: (1) a new single-family dwelling, duplex or triplex (main house); or (2) a new accessory structure exceeding five hundred (500) square feet; or (3) any second story addition; or (4) any addition of more than five hundred (500) square feet to an existing dwelling unit (main house), erection of story poles depicting the proposed building elevations and maximum ridge heights are required; however, the Planning Department may permit the applicant to install only representative story poles depicting the overall project heights and footprints when it is demonstrated to the sole satisfaction of the Planning Department that the requirement to erect story poles for all buildings is not financially feasible. The height and the location of the required story poles shall be certified in writing by a licensed land surveyor or engineer to the satisfaction of the City Planning Department.

4.

Any other information which the City Council may determine to be necessary to consider the project.

B.

Hearings Before the City Council. Upon receipt of a complete application, the Commission shall cause notice of the time and place at which all interested persons may appear before the Commission to be sent to the applicant and his/her agents and all property owners within the City of Monte Sereno and shall thereafter hold a hearing at the time and place specified.

Prior to the hearing, the City Manager or Planning Department shall prepare a staff report summarizing the project and recommending action to the City Council. At the hearing, the City Council shall consider the City Manager's or his/her designee's staff report, any development guidelines applicable to the project, and hear and consider any evidence, oral or written, which has been presented at or prior to the hearing. At the conclusion of the hearing, the City Council may approve, conditionally approve or deny the application for a planned development permit. Any approval, conditional approval or denial shall become final.

C.

In connection with its review of each of the foregoing matters, the City Council may include in any planned development permit such conditions as it may determine to be necessary in order to ameliorate or mitigate identified impacts of the project. Such conditions, without limiting the discretion of the City Council, may include a time limitation, site planning limitations, architectural conditions, setback restrictions, occupancy regulations, landscape regulations or drainage and sewage regulation.

(Ord. No. NS-215, § 4, 4-3-2018; Ord. No. NS-225, § 3, 5-4-2021)

In any case where the conditions and limitations to the planned development permit have been violated as imposed by the City Council, the City shall give notice to the permittee that the planned development permit may be revoked, and shall revoke said planned development permit if the stated requirements are not met within sixty (60) days of the date of the notice.

(Ord. No. NS-215, § 4, 4-3-2018)