A. Development projects located in a historic district or involving a landmark.
1. Projects not involving the demolition or relocation of a landmark or contributing resource. For projects not involving the demolition or relocation of a landmark or contributing resource, the decision-maker may approve an application for site plan and design review based on the following findings:
a. The project is consistent with the Secretary of Interior standards and the goals and policies of this chapter; or
b. The project is not fully consistent with the Secretary of Interior standards, due to economic hardship or economic infeasibility, but the project is generally consistent with, and supportive of, the goals and policies of this chapter. The applicant shall have the burden of proving economic hardship or economic infeasibility; or
c. The project is not fully consistent with the Secretary of Interior standards, but is consistent with and supportive of identified goals and policies of the general plan or applicable community or specific plan(s); and the project is either generally consistent with, and supportive of, the goals and policies of this chapter, or if not, the benefits of the project and furthering the identified goals and policies of the general plan or applicable community plan outweigh any impacts on achieving the goals and policies of this chapter.
2. Projects involving demolition or relocation of a landmark or contributing resource. For projects involving the demolition or relocation of a landmark or contributing resource, the decision-maker may approve an application for site plan and design review based on the following findings:
a. Based upon sufficient evidence, including evidence provided by the applicant, the property retains no reasonable economic use, taking into account the condition of the structure, its location, the current market value, the costs of rehabilitation to meet the requirements of the building code or other city, state, or federal law; or
b. That the demolition or relocation of the landmark or contributing resource is necessary to proceed with a project consistent with and supportive of identified goals and policies of the general plan or applicable community or specific plan(s), and the demolition of the building or structure will not have a significant effect on the achievement of the purposes of this chapter or the potential effect is outweighed by the benefits of the new project; or
c. In the case of an application for a permit to relocate, that the building may be moved without destroying its historic or architectural integrity and importance; or
d. That the demolition or relocation of the landmark or contributing resource is necessary to protect or to promote the health, safety or welfare of the citizens of the city, including the need to eliminate or avoid blight or nuisance, and the benefits of demolition or relocation outweigh the potential effect on the achievement of the goals and policies of this chapter.
B. Development projects not located in a historic district and not involving a landmark. For projects not located in a historic district and not involving a landmark, the decision-maker may approve an application for site plan and design review based on all of the following findings:
1. The design, layout, and physical characteristics of the proposed development are consistent with the general plan and any applicable specific plan or transit village plan; and
2. The design, layout, and physical characteristics of proposed development are consistent with all applicable design guidelines and with all applicable development standards or, if deviations from design guidelines or development standards are approved, the proposed development is consistent with the purpose and intent of the applicable design guidelines and development standards; and
3. All streets and other public access ways and facilities, parking facilities, and utility infrastructure are adequate to serve the proposed development and comply with all applicable design guidelines and development standards; and
4. The design, layout, and physical characteristics of the proposed development are visually and functionally compatible with the surrounding neighborhood; and
5. The design, layout, and physical characteristics of the proposed development ensure energy consumption is minimized and use of renewable energy sources is encouraged; and
6. The design, layout, and physical characteristics of the proposed development are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.
C. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)