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)
A. 
Architectural review permits in the R-1 and R-2 districts shall be acted on by the community development director or planning commission as enumerated in Section 12.200.070.
B. 
Architectural review permits in all districts other than R-1 and R-2 shall be acted on as follows:
1. 
The community development director shall be the decision-making body for architectural review permits that include the following:
a. 
Accessory structures with limited direct visibility from the public right-of-way, or addition(s) less than ten percent of the existing structure and is less than ten thousand sq. ft. cumulatively;
b. 
Site, architectural or landscaping alterations including, but not limited to, changes in site paving, parking areas, parking lot striping, materials, alterations, additions or elimination of existing doors, windows, awnings and other building elements, and changes to architectural features, such as the building cornice, roof or parapet provided that there is no structural modification.
2. 
The planning commission shall be the decision-making body for architectural review permits that include any of the following:
a. 
New building(s), other than accessory structures with limited direct visibility from the public right-of-way;
b. 
Addition(s) exceeding ten percent of the existing structure; or
c. 
Addition(s) exceeding ten thousand sq. ft. cumulatively.
C. 
Architectural review permits acted on by the community development director shall be administrative actions without a hearing, and will include mailed notice pursuant to Section 12.132.030(B), except notices shall only be to adjacent property owners.
D. 
Architectural review permits acted on by the planning commission shall occur at a public hearing pursuant to Chapter 12.132.
E. 
The decision-making body may approve, deny, continue, or conditionally approve an application for an architectural review permit.
F. 
The decision-making body may impose such conditions as it deems necessary to secure the purposes of this article. The decision-making body may impose such requirements and conditions with respect to location, size, and intensity of the proposed operation; accessibility of off-street parking areas and their relation to adjacent streets; landscape area; and impact of the proposed development upon light and air, and upon other property in the neighborhood as it deems necessary for the protection of the public interest. The decision-making body may require tangible guarantees or evidence that such conditions are being, or will be, complied with.
G. 
Appeals shall be processed pursuant to Chapter 12.78.
(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;
F. 
A landscape plan;
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.
(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)