Lafayette Municipal Code Art. 5 Design Review

Footnotes:

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Editor's note— Ord. No. 629, adopted September 8, 2014, amended Article 5 in its entirety to read as herein set out. Former Article 5, §§ 6-270—6-281, pertained to similar material, and derived from Ord. No. 324, 1984; Ord. No. 386, 1991; Ord. No. 457, 1996 and Ord. No. 508, 2000.

(a) The city council finds that:

(1) The appearance of open space, buildings and structures has a material and substantial relationship to property values and the taxable value of property in the city and to the health, safety and general welfare of the city;

(2) Neighborhoods can and will deteriorate because of poor planning, neglect of property design standards and the existence of buildings and structures unsuitable to and incompatible with the character of the neighborhood and the community. This has resulted in poor design, the lowering of property values, the discouraging of maintenance and improvement of surrounding properties, and has impaired the public health, safety and welfare;

(3) It is the policy of the city to prevent deterioration and to preserve and enhance the property values, the visual character of the community and the public health, safety and welfare of its citizens;

(4) The quality of life and stable property values are enhanced by good quality design; and

(5) This article is adopted under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code Section 65000 et seq.

(b) The purpose of this article is to:

(1) Improve the general standards of orderly development of the city through design review of individual buildings and structures and their environs;

(2) Establish standards and policies that will promote and enhance good design, site relationships and other aesthetic considerations in the city;

(3) Provide for the review of the design of proposed projects for which design review is required; and

(4) Accelerate and streamline the design review process in the city and provide a mechanism for design review at the early stages of a project, with the goal that every application be successful, and consistent with city standards.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a) "Design review" means review of the aesthetic elements of a project including site and building design.

(b) "Gross floor area" under this article, means the total horizontal area in square feet of each floor of all structures with at least three walls and a roof on a parcel, including habitable and non-habitable areas, as measured at the exterior face of the enclosing walls.

(c) "Minor" under this article, means a small-scale change or addition of minor impact, as determined by the zoning administrator.

(d) "Project" under this article, means new construction, additions, or alterations to the gross floor area or building height.

(e) "Zoning administrator," means the planning director or their designated representative.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a) This article applies to:

(1) Multi-Family: Projects or any change that alters the physical appearance of any building or site which occurs within the multiple-family residential zoning districts;

(2) Downtown: Projects or any change that alters the physical appearance of any building or site and its relationship to the street which occurs within the downtown commercial zoning districts;

(3) Exceeding 6,000 Square Feet: Projects which occur within the single-family residential zoning districts and exceeds 6,000 square feet in gross floor area;

(4) Exceeding 17 Feet: Projects which occur within the single-family residential zoning districts and exceed 17 feet in height;

(5) Condition of Approval: Projects for which design review is required as a condition of approval; and

(6) Change of Conditions: Projects that seek a change to the approved building or site design pursuant to the design review permit.

(b) A person proposing a project or construction for which design review is required shall comply with the requirements of this article. If design review is required, no permit may be issued or city approval granted unless the applicant has complied with this article.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

An application for which design review is required by this article shall be accompanied by copies (in a quantity specified by the planning director) of site plans, diagrams, photographs, materials or other presentation material as may be necessary for complete review and consideration of the proposed plan. The application shall include information set forth in a policy adopted by the design review commission and additional information which may be reasonably required by the zoning administrator.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

The hearing authority shall consider the following aspects of a design review plan, to the extent they are applicable:

(a) Height, mass, lot coverage, setback and relationship of structures;

(b) Site plan, including orientation and location of structures to one another and to open spaces and topography; definition of vehicular and pedestrian areas;

(c) Design of special features such as walls, screens, fences, street furniture, signs, lighting; concealment and sound protection of equipment (mechanical, electrical, solar energy), utilities and other exterior appurtenances;

(d) Continuity of design in the composition of structures and the use of materials and colors;

(e) Design relationship of the proposed plan to neighboring properties and structures;

(f) Landscaping plan, including the preservation of existing trees, the size and hardiness of trees and plants, the plans for irrigation and maintenance, and the degree to which landscaping complements the structure(s) and terrain; all in accordance with the guidelines in "Trees for Lafayette";

(g) Drainage systems;

(h) Use of passive or active solar energy;

(i) Adequacy of traffic circulation and parking.

(Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a) Residential Design Review Findings. In granting approval for single-family projects, duplex projects, and multi-family projects that do not comply with the applicable development and design standards, which occur in single-family and multiple-family residential zoning districts as outlined in Section[s] 6-272(a)(1) and (3)—(6), the hearing authority shall make all the following findings:

(1) The approval of the plan is in the best interest of the public health, safety and general welfare;

(2) General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development;

(3) General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements have been incorporated in order to ensure the compatibility of this development with its design concept and the character of adjacent buildings; and

(4) General landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas and similar elements have been considered to ensure visual relief, to complement buildings and structures and to provide an attractive environment for the enjoyment of the public.

(b) Single-Family Residential Findings—Exceeding 6,000 Square Feet. In addition to the findings required in Section 6-275(a), the hearing authority shall make the following findings for projects which occur in single-family residential zoning districts and exceeds 6,000 square feet in gross floor area as outlined in Section 6-272(a)(3):

(1) The house substantially complies with the residential design guidelines;

(2) The house is so designed that its mass will not appear significantly out of scale with the existing neighborhood;

(3) The house does not, because of its size, unduly impact, restrict or block significant views; and

(4) The house does not, because of its size, require removal of natural features, require excessive grading or cause the unnecessary removal of a healthy tree(s).

(c) Single-Family Residential Findings—Exceeding 17 Feet in Height. In addition to the findings required in Section 6-275(a), the hearing authority shall make the following findings for projects which occur in single-family residential zoning districts and exceeds 17 feet in height as outlined in Section 6-272(a)(4):

(1) The structure substantially complies with the residential design guidelines;

(2) The structure is so designed that it will appear compatible with the scale and style of the existing neighborhood and will not significantly detract from the established character of the neighborhood;

(3) The structure is so designed that it does not appear too tall or massive in relation to surrounding structures or topography when viewed from off-site; and

(4) The structure is so designed that it does not unreasonably reduce the privacy or views of adjacent properties.

(d) Multi-Family Residential Findings. In granting approval for any multi-family project as outlined in Section 6-272(a)(1), the hearing authority shall find that the project substantially complies with all applicable objective development and design standards.

(e) Downtown Design Review Findings. The hearing authority shall make the following findings for non-residential projects and multi-family and residential mixed-use projects that do not comply with the applicable development and design standards, which occur within the downtown commercial zoning districts as outlined in Section 6-272(a)(2):

(1) The project substantially complies with the downtown design guidelines.

(2) The site design, including building placement, parking and circulation, landscape, and outdoor space, enhances the pedestrian experience, embraces and preserves creeks and natural features, promotes connections, creates visual interest, and relates to the character of the surrounding development.

(3) The building design, including height and scale, architectural details, and amenities, provides diversity in building form, preserves views of surrounding hillsides and ridges as seen from Mt. Diablo Boulevard, creates an inviting environment for pedestrians, and relates to the character of the surrounding development.

(4) The project promotes a character relating to Lafayette that is informal with variations in architectural styles, massing, setbacks, and upper story step-backs.

(5) The project, when adjacent to existing residential dwelling units, is designed to minimize impacts, including noise, privacy, light and glare.

(f) Height Exception Findings. In addition to the findings required in Section 6-275(e), the city council shall make the following findings to grant a building height exception to allow up to 45 feet in height for rare and exceptional projects which occur within the RB, SRB, C, and C-1 districts, excluding the Brown Avenue and the Plaza Way character areas. There is no exception to the three-story limit. The city council will scrutinize the justifications on a project and site specific basis, considering the unique characteristics surrounding the project. Granting a height exception shall not be considered precedent setting.

(1) Site opportunities or project necessity:

(A) The site has unique circumstances, such as topography, setbacks, or backdrops, that mitigate the apparent height when viewed from Mt. Diablo Boulevard without compromising the site's natural features; or

(B) The project is rare and exceptional, designed to mitigate the apparent height, and requires a height exception based on compelling reasons, other than solely economics, as to why the project cannot comply with the 35-foot height requirement; and

(2) The project provides significant public benefits and amenities over and above nexus-based city requirements.

(g) Design Review Denial. The hearing authority shall deny a project for design review if it cannot make all of the required findings.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a) Zoning Administrator.

(1) The zoning administrator shall review projects for design review if it finds that the projects are minor.

(2) The zoning administrator may refer a matter at its discretion to the design review commission.

(3) A decision of the zoning administrator is final unless appealed under Section 6-280.

(b) Design Review Commission.

(1) The design review commission shall review projects for design review which are not minor.

(2) The design review commission may refer a matter at its discretion to the planning commission.

(3) A decision of the design review commission is final unless appealed under Section 6-280.

(4) The design review commission may conduct study sessions for preliminary designs at the request of the applicant or as required by the zoning administrator. When such a session is held, the commission's role is to provide preliminary direction to the applicant and no action is taken.

(5) When an application is otherwise before the design review commission, the commission shall also review variances pursuant to the procedures and findings conforming to Section 6-214, specific findings necessary for variance, except for downtown projects in which the planning commission is the final hearing authority.

(c) Planning Commission.

(1) The planning commission shall review new buildings within the downtown commercial zoning districts and projects referred to them by the zoning administrator or the design review commission.

(2) The planning commission shall review, and forward a recommendation to the city council, projects which requires a height exception and are within the downtown commercial zoning districts.

(3) The planning commission may refer a matter at its discretion to the city council.

(4) A decision of the planning commission is final unless appealed under Section 6-233.

(d) City Council.

(1) The city council shall review projects which require a height exception and are within the downtown commercial zoning districts. The city council shall scrutinize the justifications on a project and site specific basis, considering the unique characteristics surrounding the proposal. Granting a height exception shall not be considered precedent setting.

(2) A decision of the city council is final.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

Whenever an application is scheduled for review by the design review commission or planning commission, the zoning administrator shall send written notice at least ten days in advance to the applicant and to any person who has filed a written request for notice in conformance with Section 6-211 and shall post at least three notices near the property which is the subject of the application.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

The hearing authority making a final decision shall make findings and render its decision, and shall provide a written copy of the findings and decision to the applicant within ten days.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a) The hearing authority may impose conditions to the granting of design review approval if it finds that the proposed project or structure does not otherwise meet the applicable design review standards.

(b) In addition to any other conditions which may reasonably be imposed, the zoning administrator may require that a boundary survey by a licensed surveyor or engineer which confirms the substantial accuracy of the boundaries shown in the application shall be filed with the zoning administrator before construction.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a) Any person may appeal a decision made under this chapter. A decision by the zoning administrator is appealable to the design review commission. A decision of the design review commission is appealable to the planning commission. A decision of the planning commission is appealable to the city council. The procedures and time limits set forth in Article 3 of this chapter (Decisions and Appeal) apply.

(b) Unless an application is denied without prejudice under Section 6-227 or is reconsidered under Section 6-237, no new application for design review substantially in the form of the application which was denied may be made within six months after the date of final denial.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

The planning commission may adopt additional policies and procedures to implement this article.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)