Newark Municipal Code § 17.34.050 Scope of design review

This chapter establishes the design review procedure to ensure that new development supports the goals and objectives of the general plan and other adopted plans and guidelines. The specific purposes of the design review process are to:

A. Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

B. Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

C. Supplement other city regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:

A. Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous design review approval; and

B. Replacement of exterior materials, including openings, with the same materials.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Planning Commission. The planning commission shall have design review authority for all projects requiring planning commission approval (such as conditional use permits and variances).

B. Director.

1. The director shall have design review authority for all projects that do not meet the criteria listed in Subsection A for a decision by the planning commission.

2. The director may refer items directly to the planning commission when in his/her opinion the public interest would be better served by having the planning commission conduct design review.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Forms and Fees. Written applications for design review applications shall be submitted to the planning division in compliance with the application procedures in Chapter 17.31, Common Procedures.

B. Design Guidelines. All projects shall be consistent with applicable design guidelines. Design guidelines provide recommendations to be used in the design review process. They are intended to promote high-quality design, well-crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

C. Concurrent Processing. When a development project requires a use permit, variance, or any other discretionary approval, the design review application shall be submitted to the planning division as a part of the application for the underlying permit, use permit, or variance.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Design Review Considerations. Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

1. Building proportions, massing, and architectural details;

2. Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

3. Size, location, design, development, and arrangement of on-site parking and other paved areas;

4. Exterior materials and, except in the case of design review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;

5. Height, materials, design, fences, walls, and screen plantings;

6. Location and type of landscaping including selection and size of plant materials, and design of hardscape; and

7. Size, location, design, color, lighting, and materials of all signs.

B. Reduction in Density or Floor Area Ratio Prohibited. Design review shall not result in a reduction in the residential density or the allowable square footage of a proposed project.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

When conducting design review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the general plan and any applicable specific plan, any adopted design guidelines, and are consistent with any other policies or guidelines the city council may adopt for this purpose. To obtain design review approval, projects must satisfy the following criteria to the extent they apply.

A. The overall design of the project including its scale, massing, site plan, exterior design, and landscaping will enhance the appearance and features of the project site and surrounding natural and built environment.

B. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

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

D. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.

E. Parking areas are designed and developed to buffer surrounding land uses; compliment pedestrian-oriented development; enhance the environmental quality of the site, including minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.

F. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

G. Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Notice of Action.

1. Design Review by the Director. Where design review is conducted by the director, notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action. In addition to the recipients identified in Subsection 17.31.080.B, Notice of Action, Notice shall also be provided as follows:

a. Single-Unit Residential Development. First class mail delivery to all property owners within a minimum two hundred-foot radius of the subject property as shown on the latest available assessment role.

b. Development Other Than Single-Unit Residential Development. First Class mail delivery to all property owners within a minimum four hundred-foot radius of the subject property as shown on the latest available assessment role.

2. Design Review by the Planning Commission. Where design review is conducted by the planning commission, notice of action of design review shall be provided concurrently with the associated project approval (such as the conditional use permit or variance).

B. Appeals. Design review decisions are subject to the appeal provisions of Section 17.31.110, Appeals.

C. Expiration, Extensions and Modifications. Design review approval is effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)