Chapter 18.73 — DESIGN REVIEW

• A. A design review permit is required for any development, including either or both structural development and grading, on properties in the City's Downtown Mixed-Use District (as defined in the General Plan) or on properties with frontage along Guadalupe Street or Main Street, unless the proposed development would not be visible from these streets, for example, if blocked by a sound wall or other intervening structure.

• B. Regardless of location, the following types of development projects shall require a design review permit:

  1. All new structures fronting a public street or visible from a public street on properties zoned general commercial, service commercial, neighborhood commercial, mixed use, or similar commercial zoning.

  2. All new structures fronting a public street or visible from a public street on properties zoned general industrial, industrial commercial, light industrial, or similar industrial zoning.

  3. Additions to nonresidential structures in any commercial, industrial, or mixed use zoning district that involve any exterior alterations to second and/or third stories.

  4. Additions to nonresidential structures in any commercial, industrial, or mixed use zoning district that would be visible from a public street or view point and that exceed 120 square feet in size.

  5. All new wireless communications facilities.

  6. New multifamily residential developments exceeding 3 units or additions to existing multifamily developments where the addition would result in a total of 3 or more units on a given property.

  7. All garage conversions.

  8. Any development or remodeling of structures that have been officially designated historical landmarks by the City or the State.

  9. Remodeling projects of the types and locations specified in this list, if the remodeling involves exterior alterations that would be visible from any public street or other public area.

  10. Any other project not otherwise on this list that, in the opinion of the Planning Director or City Planner, would benefit from design review because of its visibility, scope, or historic merit, or potential for deprivation of private property rights of other landowners.

• C. In addition, City-sponsored capital improvement projects may be referred to the City Council or design review in an advisory capacity. Projects eligible for advisory review would include development within any City-owned park or open space. The decision on whether to refer a City-sponsored project for advisory design review would be made by the Planning Director or City Planner after consideration of the project's potential for aesthetic impacts and the potential benefit of input on project design.

• (Ord. 2008-393 §1; Ord. 2023-509 §5)

A minor design review permit is required for any small project. A small project is defined as any new structure of less than 300 square feet, or an addition to an existing structure that adds less than 500 square feet of development or adds less than 10% of the size of the main structure, whichever is greater. Other projects that are at a similarly small scale, as determined by the Planning Director or City Planner, may be processed with a minor design review permit. (Ord. 2008-393 §1; Ord. 2023-509 §5)

• A. A separate design review permit is not required for those projects that require approval(s) under the jurisdiction of the City Council (for example, conditional use permits) where the design of the project or development would be a part of the City Council's consideration of the request. However, the design review findings (Section 18.73.100 ) shall be incorporated into the CUP resolution.

• B. Notwithstanding the requirements set forth in Sections 18.73.010 and 18.73.020 , the following projects do not require a design review permit:

  1. Interior alterations of structures other than historical landmarks, as long as such alterations do not result in any changes to the exterior of the building.

  2. Structures or additions to existing structures on lots zoned single-family residential in areas outside of the Downtown Mixed-Use District or which are located on streets other than Guadalupe Street or Main Street.

  3. New structures in any commercial, industrial, or mixed use zoning district less than 200 square feet in size, unless such structure(s) because of the visual sensitivity of the site combined with its proposed location, architectural style, or would, in the opinion of the Planning Director or City Planner, result in a potential visual impact.

• (Ord. 2008-393 §1; Ord. 2023-509 §5)

The applicant shall submit an application that meets the requirements of the City's planning application packet, but at a minimum, consisting of the following:

• A. A completed planning application form, including a written project description discussing all existing and proposed structures and uses.

• B. The required application deposit.

• C. Four plan sets, including a site plan, floor plans, a roof plan, and complete set of elevations.

• D. Landscape plans, if applicable and deemed necessary by planning staff.

• E. Site photos including photos from any street frontage.

• F. One set of mailing labels with the addresses of property owners within a 300-foot radius of the subject property, and adequate first-class postage for a single mailing to these recipients.

• (Ord. 2008-393 §1; Ord. 2023-509 §5)

A deposit set by City Council resolution shall accompany the application. Separate fees may be established by City Council resolution for small projects as defined in Section 18.73.020 . (Ord. 2008-393 §1; Ord. 2023-509 §5)

Design review permits will be considered by the City Council. The Council may approve, conditionally approve, or deny a design review permit. Minor design review permits shall be considered by the Planning Director for final action, with appeals heard by City Council. (Ord. 2008-393 §1; Ord. 2023-509 §5)

Uses which the Planning Director determines to be similar to the permitted uses in each district and which fall within the intent and purpose of the district, and that will not be obnoxious or detrimental to the public welfare, and compatible with adjoining land uses, and which are of a comparable nature and of the same classes as the uses enumerated for said district, shall be allowed as permitted uses therein. The Planning Director may also consider and render decisions on matters of slight modification and minor adjustment deemed necessary in connection with the efficient administration of this title. Whenever the lawfulness of such a determination is called in question in any manner, the same shall be submitted to the City Attorney whose decision shall be determinative. (Ord. 2023-509 §5)

• A. For all regular design review permits, notice of a pending design review permit application shall be mailed to adjacent property owners within a 300-foot radius of the proposed development. Notices shall be mailed out at least 10 calendar days in advance of the meeting at which the City Council will consider the design review permit. Minor design review permit applications shall not require mailed notices to be sent.

• B. For both design review permits and minor design review permits, at least 10 calendar days prior to the meeting at which the City Council will consider the design review permit or the Director will consider a minor design review permit, at least 3 notices of the pending application shall be posted in a publicly accessible location on City-controlled property, with such notice maintained on site until the day after the City Council meeting.

• (Ord. 2008-393 §1; Ord. 2023-509 §5)

The procedure for requesting and obtaining a design review permit is as follows:

• A. The applicant fills out a permit application for design review and submits the required application deposit.

• B. Staff reviews the application materials within the first 30 days, conducts a preliminary review of the project's compliance with zoning code requirements, and determines if the application is complete or if additional materials are needed. If additional materials are needed, an incomplete letter shall be transmitted no later than 30 days after receiving the application materials.

• C. Once application is complete, staff prepares a staff report and resolution which contains findings and conditions of approval. The project is then placed on the agenda for the next available City Council meeting. Plan sets associated with the request would be included in each Councilmember's packet for review prior to the meeting.

• D. During the City Council's consideration of the request, the applicant and their architect or agent would present the project and field any questions from the Council. If the design is acceptable as proposed or with minor changes or revisions that are of the nature that they could be verified by staff without the need for returning to the Council, the design review permit may be approved or conditionally approved. If more substantive revisions are deemed necessary, the Council's comments at the meeting shall be conveyed to the applicant, who would then have the responsibility for addressing these comments through the preparation of revised plans and reconsideration at a future Council hearing.

• E. If the project is denied with prejudice by the City Council, the applicant shall not be permitted to resubmit a design review application for the same project for a period of 12 months from the date of denial.

• F. Upon any approval of a design review permit, the applicant may then proceed with a request for a zoning clearance for the proposed development. The approved set of plans would be maintained with the file for verification of compliance once construction drawings are submitted to the Building Department.

• (Ord. 2008-393 §1; Ord. 2023-509 §5)

The City Council shall consider the following design components when considering an application for a design review permit:

• A. Overall design of new or enlarged structures and the architectural style.

• B. Physical and design relation with existing and proposed structures on the same site and in the immediately affected surrounding area.

• C. Site layout, orientation, and location of buildings, and relationship with open areas and topography.

• D. Colors, types, and variation of building materials.

• E. Height, bulk, scale and area coverage of buildings and structures and other site improvements.

• F. Potential interference with existing scenic views.

• G. Height, materials, colors, and variations in boundary walls, fences, or screen planting.

• H. Location and type of existing and proposed landscaping.

• I. Reduction or elimination of on-site parking within the MIX zone district, only after the Director makes Finding N (Section 18.73.110(N) ).

• (Ord. 2008-393 §1; Ord. 2023-509 §5)

Prior to approval of a design review permit, the Planning Commission shall make all of the following findings:

• A. The buildings, structures, and landscaping are appropriate and of good design in relation to other buildings, structures, and landscaping, on-site or in the immediate vicinity of the project.

• B. The development will be compatible with the neighborhood, and its size, bulk and scale will be appropriate to the site and the neighborhood.

• C. There is harmony of material, color, and composition of all sides of a structure or buildings as well as consistency and unity of composition and treatment of exterior elevation.

• D. Any mechanical or electrical equipment is well integrated in the total design concept and screened from public view to the maximum extent practicable.

• E. All visible onsite utility services are appropriate in size and location.

• F. The grading will be appropriate to the site.

• G. Adequate landscaping is provided in proportion to the project and the site with due regard to the preservation of existing trees, and existing native vegetation, and adequate provision will be made for the long-term maintenance of such landscaping.

• H. The development will not adversely affect significant public scenic views.

• I. All exterior site, structure and building lighting is well-designed and appropriate in size and location.

• J. The proposed development is consistent with any additional design standards as expressly adopted by the City Council.

• K. The project architecture will respect the privacy of neighbors and is considerate of solar access.

• L. The project will provide for adequate street design and sufficient parking for residents and guests in a safe and aesthetically pleasing way.

• M. The proposed development as shown on the project plans is in conformance with all applicable policies of the General Plan and the requirements of this title.

• N. The proposed development is an asset to the community through the provision of needed housing units along with expanded commercial/retail services.

• (Ord. 2008-393 §1; Ord. 2023-509 §5)

Appeals of any Planning Director final decision under this chapter shall conform to the requirements of Chapter 18.80 requiring a hearing by the City Council. The City Council's decision concerning any matter it considers under this title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.

(Ord. 2008-393 §1; Ord. 2023-509 §5)

• A. A design review permit shall expire 2 years after final approval, if a building permit for the project has not been obtained by the applicant or the successor in interest and no inspections have been done. The City Council shall hold a hearing to allow the applicant to show cause why the design review permit shall not be expired. The City Council shall have the discretion to extend the design review permit and may impose additional conditions for doing so.

• B. The City Council may grant up to 2 one-year extensions for good cause. A request for an extension shall be made in writing with appropriate fees and filed sufficiently in advance of the expiration date to allow the request to be considered at a regular meeting of the City Council.

• (Ord. 2008-393 §1; Ord. 2023-509 §5)