El Cerrito Municipal Code § 19.38.020 Applicability and authority

These regulations establish objectives, standards, and procedures for conducting design review. The purpose of design review is to preserve and enhance the character of El Cerrito's existing neighborhoods, and ensure that new development, construction and exterior improvements are consistent with the General Plan, this Chapter and any adopted design guidelines. Design review is intended to encourage high-quality design, well-crafted and maintained buildings and landscaping, the use of higher-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects. These regulations shall be carried out in a manner that encourages creative and appropriate solutions while streamlining the approval process whenever possible.

(Ord. 2008-2 Div. II (part), 2008.)

A. Applicability. Design review is required for all projects for which a building permit is required that involves new construction or development; exterior alterations and installations; the erection, replacement, or alteration of signage; and landscaping associated with such construction and alterations, with the following exceptions:

1. The construction or alteration of a single-family dwelling or residential accessory structures on pre-existing lots, unless (a) it is a single-family dwelling within a Planned Development (PD) district, or (b) it is a subdivision of five or more lots when design review is required as a condition of subdivision approval or (c) when Planning Commission requires design review as a condition of approval.

2. Alterations, additions, and repairs that do not change the exterior appearance of a structure, including replacement in kind of existing features. To be considered "replacement in kind," the features must reasonably match the design, profile, material, and general appearance of the originals.

3. Changes in the color or finish of building exteriors when the original colors or finishes were not subject to approval by the Design Review Board.

B. Assignment of Design Review Responsibilities. The Zoning Administrator or Design Review Board have responsibility for conducting design review and making decisions to approve, approve with amendments, or deny the design of projects as follows:

1. Administrative Design Review. The Zoning Administrator will conduct administrative design review and make decisions to approve, approve with amendments, or deny the design of the projects listed below. The Zoning Administrator may refer any such project to the Design Review Board if the Administrator determines it has special significance.

a. Temporary signs and all other signs as set forth in Section 19.26.090, Procedures for Sign Approval.

b. Minor projects, including: (1) minor additions and alterations to existing buildings that do not increase existing floor area by more than 20 percent or more than 2,500 square feet; (2) new construction of accessory structures on an existing lot; or (3) other building alterations which do not significantly alter the visual character or function of a building.

c. Other types of projects for which this Zoning Ordinance explicitly requires Administrative Design Review.

2. Design Review Board Review. The Design Review Board will conduct design review and make decisions to approve, approve with amendments, or deny the design of the projects listed below:

a. Temporary signs and all other signs as set forth in Section 19.26.090, Procedures for Sign Approval, for which review by the Design Review Board is required by ordinance or by request of the Zoning Administrator.

b. Residential projects with two or more dwelling units.

c. Single family homes when located in a new subdivision that results in the creation of five or more new parcels.

d. Major nonresidential projects, including: (1) additions and alterations to existing buildings that increase existing floor area by more than 20 percent or more than 2,500 square feet; (2) new construction other than accessory structures; or (3) other building alterations which significantly alter the visual character or function of a building, with particular attention paid to those buildings fronting major public rights-of-way or transit areas.

e. All other projects which require design review by the Design Review Board as specified in the Base District Regulations of this Zoning Ordinance.

f. Projects referred by the Planning Commission.

(Ord. 2008-2 Div. II (part), 2008.)

Any and all proposed uses that require Design Review pursuant to Section 19.38.020.B.2 shall first be conceptually reviewed by the Design Review Board for recommendations on the design and other features so as to assist the applicant and the Planning Commission.

During such preliminary conceptual review, the Design Review Board may comment on site plan issues such as height, building orientation, massing and other site issues. Comments and recommendations made by the Design Review Board shall then be considered by the Planning Commission during deliberations on discretionary permits or approvals. Recommendations shall be advisory and no final or binding decision shall be issued by the Design Review Board during such preliminary review. Following Planning Commission approval, projects shall return to the Design Review Board for final review as detailed in the following Sections.

(Ord. 2008-2 Div. II (part), 2008.)

The Zoning Administrator or Design Review Board shall approve, conditionally approve or deny, or make recommendations on applications for final aesthetic architectural review based on consideration of the requirements of this Chapter as they apply to design of the structures, landscaping, lighting and other architectural features of an application including:

A. Building articulation, facade treatment and architectural details.

B. Exterior colors and materials.

C. Character defining features and the relation to existing settings.

D. Design of fences, walls, and screen plantings, including but not limited to height of those structures, materials, colors, and type.

E. Location and type of landscaping including selection and size of plant materials and design of hardscape including landscape lighting.

F. The size, location, design, color, number, lighting, and materials of signs.

G. Design of the streetscape, including but not limited to landscaping, furniture and materials.

(Ord. 2008-2 Div. II (part), 2008.)

A. Application Requirements. Written applications for design review shall be filed with the Planning Division in accordance with the application procedures in Chapter 19.32, Common Procedures.

B. Public Notice. All applications for design review by the Design Review Board shall require public notice pursuant to Chapter 19.32, Common Procedures. Public notice is not required for administrative design review applications or for conceptual design review meetings.

C. Review Procedures.

1. A Preliminary Conceptual Design Review session shall be required for any application that requires a public hearing before the Design Review Board. Such Preliminary review shall occur prior to submittal of a formal application for action by the Board or Commission in accordance with Section 19.38.030. Preliminary design review is intended to provide information on preliminary design concepts that will help an applicant identify issues and develop a formal application for action by the Board or Commission. Based on preliminary design review, the Design Review Board may refer the application to the Zoning Administrator for administrative design review. Conceptual design review recommendations by the Design Review Board shall be forwarded to the Planning Commission for their consideration.

2. Following Preliminary Conceptual Design Review, the Zoning Administrator shall review all applications submitted for Final Design Review within 30 days to determine if they are complete as provided for in Chapter 19.32, Common Procedures. No application for design review shall be deemed complete until the applicant has applied for any Use Permit, Variance, or other zoning or subdivision approval required pursuant to this Code.

3. After determining that an application for final design review is complete, the Zoning Administrator shall review the application for compliance with the applicable design review requirements. The Zoning Administrator shall prepare a report and recommendation for any application requiring review by the Design Review Board.

4. Pursuant to Section 19.38.020.B.1., the Zoning Administrator may conduct a public hearing for any application that may be approved by the Zoning Administrator. The Zoning Administrator shall notify the applicant that a hearing will be required within 30 days of the date the application is received.

5. A public hearing shall be required for all projects that require design review approval by the Design Review Board.

D. Coordination with Environmental Review. When a project requiring review by the Design Review Board is subject to environmental review, the Zoning Administrator shall submit the proposed Negative Declaration or Environmental Impact Report to the Planning Commission for review and action pursuant to California Environmental Quality Act (CEQA) requirements before the Design Review Board takes action on the final design review application.

E. Final Site Plan and Building Permit Review. No building or grading permit shall be issued for any project for which design review is required until the applicant submits and the City approves final building permit plans showing any changes required as a condition of design review approval.

(Ord. 2008-2 Div. II (part), 2008.)

A. Findings for Approval. The Zoning Administrator or Design Review Board may only approve a final design review application if it finds that the application is consistent with the purposes of this Chapter and is consistent with:

1. The applicable standards and requirements of this Zoning Ordinance;

2. The design policies of the General Plan and specific plans adopted by City Council;

3. Any applicable design guidelines adopted by the City Council;

4. The design review criteria set forth in the following subsection;

5. Any planning or zoning approvals by the Planning Commission or Zoning Administrator;

6. Any other relevant policies or regulations of the City.

B. Design Review Criteria. When conducting design review, the Zoning Administrator and the Design Review Board shall be guided by whether the project satisfies all applicable criteria, the policies of the General Plan's Community Design Element, and by any other policies or guidelines that may be adopted by the City Council for this purpose. Criteria listed below are specific criteria that, if applicable, all projects must satisfy for approval.

1. The aesthetic design, including its exterior design and landscaping, is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

2. Project details, colors, materials, and landscaping, are fully integrated with one another and used in a manner that is visually consistent with the proposed architectural design.

3. The project has been designed with consideration of neighboring development.

4. The project contributes to the creation of an attractive and visually interesting built environment that includes well-articulated structures that present varied building facades, rooflines, and building heights and encourages increased pedestrian activity and transit use.

5. Street frontages are attractive and interesting for pedestrians, address the street and provide for greater safety by allowing for surveillance of the street by people inside buildings and elsewhere.

6. The proposed design is compatible with the historical or visual character of any area recognized by the City as having such character.

7. The aesthetic design preserves significant public views and vistas from public streets and open spaces and enhances them by providing areas for pedestrian activity.

8. The proposed landscaping plan is suitable for the type of project and will improve the appearance of the community by enhancing the building, minimizing hardscape and softening walls; and the landscape plan incorporates plant materials that are drought-tolerant, will minimize water usage, and are compatible with El Cerrito's climate.

9. The project has been designed to be energy efficient including, but not limited to, landscape design and green or eco-friendly design and materials.

10. The project design protects and integrates natural features including creeks, open space, significant vegetation, and geologic features. Projects along the Ohlone Greenway shall enhance the usability and aesthetic appeal of the Greenway by integrating it into the fabric of the City through building designs that include entries, yards, patios, and windows that open onto and face the Ohlone Greenway.

C. Final Design Review Conditions. In granting final design review approval for a project that meets all of the applicable standards and requirements of this Zoning Ordinance, the Zoning Administrator or Design Review Board may impose final aesthetic architectural design conditions reasonably related to the application and deemed necessary to achieve the purposes of this Chapter. Therefore, such conditions may not overlap with, or impose more restrictive requirements than those provided for under Planning Commission land use authority pursuant to State law, the Municipal Code, Zoning Ordinance, and any other adopted plans, policies, permits or regulations. Notwithstanding the foregoing, this section shall not limit the powers of the Zoning Administrator or Design Review Board established by any other law.

(Ord. 2008-2 Div. II (part), 2008.)

A. Appeals. Design review decisions are subject to the appeal provisions of Chapter 19.39, Appeals. Appeals of design review approvals shall be based on design issues that are within the scope of this Chapter and the purview of the design review unless the appellant asserts that the decision exceeds the authority of the decision-making body in conducting design review.

B. Expiration and Extension. Design review approvals are effective and may be extended as provided for in Chapter 19.32, Common Procedures.

C. Amendments and Enforcement. All future development shall comply with building permit plans approved following design review unless amendments or changes are approved pursuant to the requirements of Section 19.32.120.

(Ord. 2008-2 Div. II (part), 2008.)