Sec. 30-129. - Findings for approval.

The Planning Commission shall approve any design review, amendment application subject to the following findings:

(1)

The proposal is consistent with the general plan, Zoning and Development Code, and any applicable specific plan.

(2)

The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe and desirable development promoting the public health, safety, and welfare of the community.

(3)

The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

(4)

The site improvements are appropriate and will result in a safe, well-designed facility.

Sec. 30-130. - Noticing.

Notice of hearings for design review, amendment shall be as set forth in Division 4, of this article herein.

Sec. 30-131. - Hearing.

Upon receipt of a complete application for a design review, amendment a time and place for the hearing shall be set.

Sec. 30-132. - Appeals.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Sec. 30-133. - Time limitations.

Each design review amendment approval granted under this article shall become null and void two years after the date of approval, unless:

(1)

The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two years period.

(2)

A vesting tentative tract or parcel map is approved concurrently with the design review item. In such cases, the design review approval period shall be valid pursuant to the time limits prescribed by Division No. 21, of this article herein.

(3)

Any valid design review amendment in effect at the date of adoption of this section shall remain valid for a period of two years from the date of that design review approval. A one-time two-year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

(Ord. No. 1898, § 11, 7-26-22; Ord. No. 1961, § 4(Exh. A), 1-28-25)

Secs. 30-134, 30-135. - Reserved.

Subdivision III. - Design Review—Modification

Sec. 30-136. - Purpose.

Modification is to provide for the administrative review for approved projects currently under construction or developed. Design review, modifications shall be pursuant to the procedures outlined herein.

Sec. 30-137. - Pre-application meeting.

Prior to the filing of an application for a design review, modification, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 36, 10-25-22)

Sec. 30-138. - Application.

An application for a design review modification shall be filed with the Planning Department in a manner prescribed by the Director of Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review, modification on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-139. - Projects subject to design review—Modification.

(a)

Applications for design review—modification are required for projects with a previously approved design review entitlement that has not yet expired, is under construction or already developed, and which may or may not involve the issuance of a building permit for construction, including:

(1)

Major façade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.

(2)

Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.

(3)

The addition of square footage to a previously approved building totaling less than one percent of the total building area.

(b)

Modifications to an approved design review shall be approved by the approving body or the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. Administratively approved modifications to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Director of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning's decision:

(1)

Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval.

(2)

Changes to the following may be reviewed and approved administratively by the Director of Planning:

a.

Architectural features that are not significant in nature (i.e., window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.)

b.

Minor site improvements that enhance the site regarding the aesthetics, public safety and/or security.

c.

Project features not visible from the public right-of-way and that do not result in a material change to the project's operational characteristics, scale intensity or fundamental design intent as originally approved.

(3)

Within five years of the original design review application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews applications which are five years or older from the date of approval may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30-33.

(Ord. No. 1973, § 4(Exh. A), 10-28-25)