Chapter 18.76 ARCHITECTURAL REVIEW

Chapter 18.76
ARCHITECTURAL REVIEW

Sections:

18.76.010 Intent.

The City Council of the City of Santa Clara finds, determines and declares that in order to encourage the orderly and harmonious appearance of structures and property; maintain the public health, safety and welfare; maintain the property and improvement values throughout the City and to encourage the physical development of the City as intended by the general plan; there is hereby established the architectural review process. (Zoning Ord. § 38-1; Ord. 2011 § 1, 2-11-20).

18.76.020 Architectural review process.

(a) Architectural review shall be the responsibility of the Director of Community Development or designee (“Director”).

(b) Before action is taken on an application for the issuance of a permit for any sign, building, structure, or alteration of the exterior of a structure in any zone district, plans and drawings of such sign, building or alteration shall be submitted, in such form and detail as the Director may prescribe. The Director shall approve or deny the architectural design without a hearing unless the type of project is listed in subsection (c) of this section.

(c) The Director shall conduct a public hearing, titled the “Development Review Hearing,” after providing notice pursuant to SCCC 18.112.060, for the following types of projects:

(1) New or expanded single-family homes resulting in:

(A) Five or more bedrooms;

(B) Five or more bathrooms;

(D) A new second story or the expansion of an existing second story.

(2) Residential parcel or subdivision maps and any associated development plans.

(3) New multifamily developments of any size.

(4) New freestanding nonresidential development greater than five thousand (5,000) square feet in size.

(5) Modifications or additions to existing nonresidential development, where the modification or addition is greater than twenty thousand (20,000) square feet in size.

(6) Demolition or alterations to properties on the City’s Historic Resources Inventory (HRI).

(7) Demolition of an existing structure, other than a nonhabitable accessory structure.

(8) Any other project not listed above that the Director determines should be considered at a public hearing.

(d) In order to grant architectural approval, the findings and determinations shall be that the proposed development, as set forth in such plans and drawings to be approved, is based on the following standards of architectural design:

(1) That any off-street parking areas, screening strips and other facilities and improvements necessary to secure the purpose and intent of this chapter and the general plan of the City are a part of the proposed development.

(2) That the design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard.

(3) That the design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by this chapter and the general plan of the City.

(4) That the granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort or general welfare of persons residing or working in the neighborhood of said development and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

(5) That the proposed development, as set forth in the plans and drawings, is consistent with the set of more detailed policies and criteria for architectural review as approved and updated from time to time by the City Council, which set shall be maintained in the planning division office. The policies and criteria so approved shall be fully effective and operative to the same extent as if written into and made a part of this title.

(e) The Director may require the applicant or owner of any such proposed development, as a condition to the approval of any such proposal, to modify buildings, parking areas, landscaping, signs, and other facilities and improvements deemed necessary to secure the purposes of this chapter and the general plan of the City, and may require guarantees and evidence that such conditions will be complied with by the applicant.

(f) If the Director is unable to make the findings and determinations prerequisite to the granting of architectural approval pursuant to subsection (e) of this section, the application shall be denied.

(g) The Director shall render a decision on any application for architectural approval within forty (40) days following a determination by the planning division office that the application is complete, except where the applicant consents to an extension of time. Failure to render a decision within said period of forty (40) days and said period of extension consented to by the applicant shall be deemed to be a decision of denial.

(h) The granting of any architectural approval, when conforming to the provisions of this section, shall be final and conclusive, except in the event of an appeal and referral as hereinafter provided.

(i) In the event the applicant or any interested party are not satisfied with the decision of the Director or designee for a single-family residential project, they may, within seven days after such decision, appeal in writing to the Planning Commission.

(j) For a project other than a single-family residential project, in the event the applicant or any interested party are not satisfied with the decision of the Director, they may, within seven days after such decision, appeal in writing to the City Council, in accordance with the procedures set forth in SCCC 18.108.060(b). In the event the applicant or any interested party are not satisfied with the decision of the Planning Commission for a single-family residential project, they may, within seven days after such decision, appeal in writing to the City Council, in accordance with the procedures set forth in SCCC 18.108.060(b). Said appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk. All appeals of architectural review approvals will be heard de novo. The Director of Community Development may refer any application for architectural consideration to the City Council for its decision with the same effect as if an appeal had been taken.

(k) No permit shall be issued, and no structure, building, or sign shall be constructed or used in any case hereinabove mentioned until such plans and drawings have been approved by the Director, or on referral to the Planning Commission or City Council by the Director, and no appeal or review is pending and the time to appeal has expired. In the event of an appeal by the applicant or others affected, or action to review is taken by the Planning Commission or City Council, no such permit shall be granted until the matter has been finally acted upon and final approval has been received. All signs, buildings, structures, and grounds shall be in accordance with the plans and drawings as finally approved.

(l) Said approvals shall be on file with the City planning division office.

(m) Any architectural review approval granted in accordance with the terms of this chapter shall be automatically revoked and terminated if not used within two years of original grant or within the period of any authorized extensions thereof. (Zoning Ord. § 38-2; Ord. 2011 § 1, 2-11-20).