A. An architectural review permit is a discretionary
planning permit that enables the city to ensure that new structures
and additions are consistent with the General Plan, applicable specific
plan goals, policies, design guidelines, and development standards,
and will not be detrimental to the public health, safety, or welfare.
B. Quality design of the built environment
is in the interest of the community and is the primary purpose of
the architectural review permit. The scope of city review is dependent
on the scale of the project, and the intent of these regulations is
to identify reasonable thresholds to have projects with the greatest
potential to impact the greater community to be acted upon at planning
commission hearings, and projects with lesser potential chance to
impact the greater community to have administrative review.
C. An architectural review permit shall be
required for the following:
1.
New construction in the R-1 and R-2
districts as required by Chapter 12.200.070;
2.
New buildings, additions, or site,
architectural or landscape alterations in the R-3, R-4, C-N, A-R,
M-1, O, and U districts, in the Mixed Use Zones of CBD, TOD-S, TOD-1,
TOD-2, MX-R and CC, and in the Bayhill Specific Plan area;
3.
New development plans, new buildings, additions or site, architectural or landscape alterations in a proposed or existing P-D district shall not require an architectural review permit, and shall undergo architectural review through a PD permit or modification to an existing PD permit as set forth in Section
12.96.190(L).
D. No building permits shall be issued for
any construction that requires an architectural review permit unless
an architectural review permit has been issued by the decision-making
authority in accordance with the provisions of this section.
(Prior code § 27-10.1; Ord. 1410 § 1, 1982; Ord. 1784 § 2, 2010; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
An application for an architectural
review permit shall include the following, unless a specific requirement
is waived by the community development director:
A. A written statement by the owner(s) of
the property approving submittal of the complete application; in instances
where the applicant is not the same person as the owner, a statement
signed by the owner: (1) describing the nature of the applicant's
interest, and (2) authorizing the applicant to act on behalf of and
to bind the owners, shall also be required;
B. An accurate legal description of the property
and/or title report;
C. A site plan to scale indicating the location
and configuration of all buildings including setbacks from property
lines, parking spaces and circulation, fencing, street improvements,
fire hydrants, refuse, waste and recycling areas, proposed grading
and drainage, and other significant site features;
D. Civil plans and stormwater plans;
E. A statement describing the existing improvements
on and use of the subject property and any proposed changes;
G. Dimensioned architectural elevations and
perspectives;
H. Fees or deposits as set by city council
resolution in the master fee schedule;
I. Other documents or information that may
be required, including, but not limited to: title reports; surveys;
existing and proposed landscaping and other ground treatment; required
parking facilities; building and development data; sign information;
photographs; photometric analysis; materials sample boards; scale
models; photo simulations; or environmental information.
(Prior code § 27-10.2; Ord. 1410 § 1, 1982; Ord. 1728 § 14, 2007; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
The decision-making body shall consider
the application and shall issue an architectural review permit provided
the following findings are made, as appropriate:
A. The proposed buildings, site plan, and
landscaping are in substantial conformance with the goals, policies,
and objective development standards of the zoning code, General Plan,
and applicable specific plans.
B. The site for the proposed development is
adequate in size and shape to accommodate proposed building site plan
and landscaping.
C. The design of the building site plan, landscaping,
and streetscape, including street trees, lighting, and street furnishings,
is consistent with the character of the surrounding area, and would
not create an adverse visual impact on the surrounding area.
D. The development will not be detrimental
to public health, safety, or welfare.
E. The proposed development contributes to
the creation of an attractive and visually interesting built environment
that includes a variety of building styles and designs with well-articulated
structures within a unifying context that encourages increased pedestrian
activity and promotes compatibility among neighboring land uses within
the same or different districts.
F. Architectural review permits for new construction
in the R-1 or R-2 districts that require planning commission action
shall require an additional finding: The characteristics of the project
justify the extent of the proposed variation from development regulations,
and there are no reasonable solutions to reducing the extent of the
variation without compromising the reasonable use of the property
compared to similar properties in the district.
Appeals are subject to procedures set forth in Chapter 12.78.
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(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
Any proposed buildings, site plan, and landscaping, as approved
and authorized by the decision-making body, shall be developed in
substantial conformance with the architectural review permit plans
and associated planning application material submitted to and approved
by the decision-making body.
(Prior code § 27-10.5; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
An applicant may request a modification of a previously approved architectural review permit subject to the procedures set forth in Section
12.78.030.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
Public notice is required for architectural review permits pursuant to Section
12.132.030 except applications that are to be acted on by the community development director shall have mailed notice sent only to adjacent property owners, at least ten days prior to the action.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
An approved architectural review permit shall be subject to the procedures set forth in Section
12.78.040.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
All architectural review permit extension requests shall be subject to the procedures set forth in Section
12.78.050.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)