Article 26 — DESIGN REVIEW DUTIES AND RESPONSIBILITIES

The purpose of design review is to promote the orderly and harmonious development of the city, the stability of land values and investments, and the general welfare and to encourage and promote the highest quality of design and site planning to delight the user and others who come in contact with uses and structures in the city. (Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09)

There is hereby created a Design Review Board which shall carry out the functions set forth in this article unless otherwise assumed by the Planning Commission per § 9-5.2508. (Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09)

• § 9-5.2606 [RESERVED]

• § 9-5.2607 SITE PLAN AND DESIGN REVIEW REQUIRED.

(A) Site plan and design review shall be required for the following: (1) Any new building or construction proposed in any zoning district, except for: (a) Single-family homes in the RE, RR, RTR, R-4, and R-6 Districts; (b) Multiple-family dwellings or residential mixed-use projects within a Commercial Infill Housing Overlay that comply with the Commercial Infill Housing Objective Design Standards; (2) An existing building for which exterior remodeling is proposed in any zoning district, except for: (a) Single-family homes in the RB, RR, RTR, R-4, and R-6 Districts; (b) Multiple-family dwellings or residential mixed-use projects within a Commercial Infill Housing Overlay that comply with the Commercial Infill Housing Objective Design Standards. (3) New signs as required per Article 5, Chapter 5, Title 9 in this Municipal Code. (B) In addition, the Council may refer any matter concerning aesthetic site planning or design consideration to the Commission for review and recommendation. (C) A building permit shall not be issued until design approval has been obtained for those structures for which approval is required as provided in this article. (D) An application for multiple-family dwellings or residential mixed-use projects shall be reviewed by the Planning Commission for consistency with the Multi-Family Objective Design Standards. (Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09; Am. Ord. 2224-C-S, passed 2-14-23) § 9-5.2608 MINOR DESIGN REVIEW. (A) Minor design review applications may be approved administratively by the Zoning Administrator with appeal to the Planning Commission. As determined by the Community Development Director, minor design review applications may include: (1) Signage. (2) Projects that comply with the City Wide Design Guidelines, have been peer reviewed as required by this article, and do not require other entitlements or involve the preparation of an initial study under the California Environmental Quality Act. (3) Landscape and ancillary features such as fountains, walls, etc. (B) However, the Community Development Director may determine that the totality of circumstances require a design review application to be considered by the Planning Commission. (Ord. 2043-C-S, passed 10-26-10) § 9-5.2609 DESIGN GUIDELINES AND OBJECTIVE DESIGN STANDARDS. (A) The Planning Commission shall have the authority to develop and recommend for Council approval design guidelines and objective design standards to establish criteria for the review of those matters required to come before the Commission. The guidelines and standards may include criteria for site planning, landscape treatment, building design, and signs. (B) The Citywide Design Guidelines, with the exception of Chapter 6, Residential Design Guidelines, prepared by Downtown Solutions and dated October 2009, are herein incorporated by reference. (C) New construction and exterior remodels of residential uses are subject to the Single Family and Missing Middle Objective Design Standards and the Multi-Family Objective Design Standards, which may be adopted, amended, and repealed by City Council resolution. (D) The Zoning Administrator, the Planning Commission and the City Council shall adhere to the adopted guidelines and standards, as amended, in site plan and design review as required in § 9-5.2607, and no such application shall be approved, unless it complies with the adopted guidelines and findings can be made pursuant to division (G) of this section. Findings are not required to be made for development applications deemed complete prior to the adoption of this section. (E) Ministerial residential projects shall be subject to the adopted standards and shall be reviewed against the adopted standards at building permit submittal. (F) In circumstances where conflicts arise between the design guidelines and standards and specific requirements of the zoning ordinance, then the zoning ordinance shall supersede the design guidelines and standards requirements. (G) In order to grant a waiver from adopted design guidelines and objective standards for projects, except as pursuant to division (H), the Zoning Administrator, Planning Commission or the City Council shall find at least one of the following: (1) That because of special circumstances applicable to the subject property, including, but not limited to, size, shape, topography, location or surroundings, the strict application of the design guidelines is not feasible; or (2) That the overall project has a quality design, the majority of the project is consistent with the design guidelines and minor discrepancies with the design guidelines will not create a development that is undesirable or unsightly; or (3) That the project features a unique theme or style that is not addressed in the design guidelines, but the overall project is of such extraordinary design quality that the project will not create a development that is undesirable or unsightly. (H) In order to allow modifications to the adopted Multi-family Objective Design Standards, the Zoning Administrator, Planning Commission or City Council shall follow the procedure set forth in § 9-5.702. (Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09; Am. Ord. 2035-C-S, passed 11-10-09; Am. Ord. 2224-C-S, passed 2-14-23; Am. Ord. 2231-C-S, passed 8- 22-2023)

The applicant shall submit written information, plans, and fees as required by the Community Development Department. All plans shall be drawn to scale, and shall indicate all required information contained in the application submittal package available at the Community Development Department for Design Review. As determined by the Community Development Director, applicants may also be required to submit to a peer review process conducted by a design professional chosen by the city before consideration by the Planning Commission or Zoning Administrator. The applicant shall be responsible for the costs of such peer review. (Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09; Am. Ord. 2043-C-S, passed 10-26-10)

(A) Any decision made by the Planning Commission which would otherwise constitute final approval or denial may be appealed to the Council. Such appeal shall be in writing and shall be filed with the City Clerk within five working days after the decision. The day the decision is made shall not count in the calculation of the time period. The term WORKING DAY shall mean days upon which the City Hall is open for business and shall exclude weekends and holidays observed by employees in the City Hall.

(B) The Council, acting through the City Clerk, shall set the date for the Council to hear the appeal; however, the appeal shall not be noticed as a public hearing.

(C) The Council shall render its decision within 60 days after the filing of such appeal, unless the time period is extended by stipulation of the appellant and the Council. (D) All appeals to the Council shall be accompanied by a filing fee established by a resolution of the City Council. The City Clerk shall waive the filing fee upon satisfaction that the appellant is indigent.

(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09)