REPORT TO PLANNING COMMISSION
SUBJECT
Title
Recommendation on an Amendment to the Zoning Code, Santa Clara City Code Chapter 18.76 Architectural Review and other clarifying changes
Report
BACKGROUND
Chapter 18.76 of the City Code establishes an architectural review procedure for new construction within Santa Clara. Projects typically subject to the architectural review procedure include new construction or modification of single-family, multi-family, commercial or industrial developments that conform to the zoning district in which they are located. The code in its current form establishes an Architectural Committee, composed of two Planning Commissioners and an appointee of the City Council, which conducts a public hearing and makes a determination to approve, conditionally approve, deny or defer projects considered at that hearing. Decisions made by the Architectural Committee may be appealed by any member of the public to the Planning Commission. The Planning Commission's decision on the appeal in all cases may be appealed to the City Council which acts as the final decision-making body.
While modification of the architectural review procedure was part of the scope of the comprehensive zoning code update in progress, potential modification of the procedure was discussed in advance of the comprehensive update by the City Council on March 5, 2019, prompted by a December 21, 2018 memorandum from the City Attorney's Office regarding Due Process Requirements in Multilevel Reviews of Decisions (Attachment 1). This memorandum identified possible due process issues that might be raised under the current procedure where a member of the Architectural Committee could later hear an appeal of the decision in which he or she had participated.
The memorandum also raised concerns that the City Code does not specify upon what grounds the appellant must base their appeal; who has the right to bring such an appeal; and whether deference is given to the decision being ap...
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