Division 11 — DESIGN REVIEW, AMENDMENT, AND MODIFICATION

(a)

The purpose and intent of the design review process is to assure that projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity and define the types of projects that are subject to these procedures. Design review is a process that enables the City to ensure the quality and compatibility of the proposed development with surrounding properties. The procedures established herein will:

(1)

Facilitate review of development proposals in a timely manner;

(2)

Ensure conformance with all applicable local design guidelines, standards, and ordinances;

(3)

Minimize adverse effects on surrounding properties; and

(4)

Promote the goals and policies of the general plan.

(b)

An application for design review is required for any of the following activities requiring the issuance of a building permit for construction/reconstruction of buildings:

(1)

Residential projects of five units or more.

(2)

New construction of 25,000 square feet or more for commercial and institutional projects.

(3)

New construction of 50,000 square feet or more for industrial projects.

(4)

Structural additions which will result in a total building area of 25,000 square feet or more for commercial projects.

(5)

Structural additions which will result in a total building area of 50,000 square feet or more for industrial projects.

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

(Ord. No. 1906, § 32, 10-25-22)

An application for a design review 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 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)

Editor's note— Ord. No. 1906, § 33, adopted Oct. 25, 2022, repealed § 30-119, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

The Planning Commission shall approve any design review 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.

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

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

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.

Each design review 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 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)

Subdivision II. - Design Review—Amendment

(a)

The purpose and intent of the design review, amendment process is to assure that projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity. Projects eligible for an amendment are for any nonexpired approved entitlements for design review on undeveloped sites pursuant to the amendment procedures herein.

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

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

(Ord. No. 1906, § 34, 10-25-22)

An application for a design review amendment 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, amendment 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)

(a)

Applications for design review—amendment are required for projects with a previously approved design review entitlement that has not yet expired, is not under construction or 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 of 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)

Amendments to an approved design review shall be approved by 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 amendments 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 of a design review.

(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.

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 or administrative site plan 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 and administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Community Development. The Director of Community Development 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 30-132.

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

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.

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

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

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.

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

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.

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)

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)

(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)

The Planning Commission shall approve any design review, modification 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.

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

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

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.

Each design review, modification approval granted under this article shall become null and void two years from 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. 11.

(3)

Any valid design review, modification 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. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

(Ord. No. 1898, § 11, 7-26-22)