Division 17.66

DESIGN REVIEW PERMIT

Sections:

17.66.010 Intent

17.66.020 Implementation 17.66.030 Permit required; Exceptions 17.66.040 Approval authority 17.66.050 Procedures: Application; Notice and hearing; Decision; Effective date; Appeal 17.66.060 Standards

Design review is intended to: promote orderly, attractive, safe and harmonious development; uphold the aesthetic values of the community; and ensure excellence of architectural design; all as set forth in the Piedmont Design Standards and Guidelines. (Ord. 769 N.S., 10/2023)

A. Piedmont Design Standards and Guidelines. The City Council has adopted the Piedmont Design Standards and Guidelines that are available online and at city hall. The Standards and Guidelines are the criteria for the applicant and hearing body in determining whether a specific project conforms to section 17.66.060, Standards.

B. Director. The Director will prepare:

1. the permit application forms; and

2. public lists for guidance to applicants on which applications are subject to each type of design review.

(Ord. 769 N.S., 10/2023)

A. Permit required. A design review permit is required for any of the following, unless an exception applies under subsection B.

1. improvement requiring a variance or building permit;

2. fence, wall, retaining wall, or trash enclosure as provided in division 17.32.

No improvement subject to design review under this division may be constructed, repaired or maintained except in accordance with a design review permit. The term improvement in this division means (1) the construction, alteration and repair of a building, structure, or facility permanently affixed to real property, or (2) a site feature.

The city will not issue a building permit under chapter 8 until the applicant has obtained the required design review permit. The city will not allow demolition unless the applicant has

17- 105

Planning & Land Use

approval of plans for a replacement structure or other site improvements under this chapter 17, and has obtained a building permit under chapter 8.

B. Exceptions. No design review permit is required for a small improvement or for an interior improvement not requiring a variance. The Director determines what is a small improvement , and will maintain a list, available to the public. (See section 17.66.020 B.)

A. Planning Commission.

1. Applicability. The Planning Commission has the responsibility to review a design review permit if the project is:

   • a. part of an application for a variance or conditional use permit;

b. is valued at $125,000 or more (adjusted for inflation[1] );

c. a site feature greater than 7 feet high and located in a side or rear yard setback, or a site feature of any height located within a 20-foot street setback;

d. a retaining wall greater than 30 inches in height located within a street yard setback or a fence of any height located within a street yard setback; or

e. referred to the Planning Commission by the Director.

However, if any component of a project application requires final approval by the City Council, including a City project, the Planning Commission makes a recommendation and the Council is the final decision-making body. The Planning Commission shall not review any development application that is eligible for ministerial review under State law unless the applicant voluntarily requests discretionary review (See division 17.67).

2. Notice. If a project is subject to Planning Commission approval, the city will give notice:

a. in the same manner required for the underlying application of which design review is a part; or

b. to property owners within 100 feet of the property for a stand-alone design review permit application, including those for nonresidential signs under section 17.36.040.C.2 and landscape plans under section 17.34.020.A.2, except that design review permit applications for a new house shall require notice to property owners within 300 feet of the property. (See division 17.62. In some cases, the applicant provides the notice to other property owners.)

1 The amount of $125,000 is automatically adjusted for inflation annually on July 1 of each year beginning in 2018 based upon the California Construction Cost Index published by the California Department of General Services from data produced by the Engineering News Record.

17- 106

Planning & Land Use

3. Standards. In reviewing an application for a design review permit, the Planning Commission will apply the standards set forth in section 17.66.060, Standards.

B. Director.

1. Applicability. The Director has the authority to approve a design review permit application if the project is not covered by the Planning Commission applicability threshold under subsection A.1 above. The Director may refer an application to the Planning Commission.

2. Notice. The city will give notice of a design review permit application to the adjacent property owners if the proposal represents a significant change. The Director determines what is a significant change. (See section 17.66.020 B.)

3. Expedited review. An application for a minor modification is entitled to expedited review. The Director determines what is a minor modification, and will maintain a list, available to the public. (See section 17.66.020 B.)

4. Ministerial design review permit application. Application for a ministerial design review permit, as provided in division 17.67, shall be reviewed and approved by the Director.

5. Standards. In reviewing an application for a design review permit, the Director will apply the standards set forth in section 17.66.060, Standards.

6. Changes.

a. Conditions of approval. Only the approving hearing body may approve a change to a condition of approval, unless the condition provides otherwise.

b. Plans. A change in the plans will be reviewed by the approving hearing body, except that the Director may approve a change to plans approved by the Planning Commission or City Council if the change does not meet the threshold applicability provisions for review by the Planning Commission (see section 17.66.040 A 1), or is a minor modification. (See section 17.66.020 B.)

(Ord. 769 N.S., 10/2023)

Appeal.

A. Application. An applicant for a design review permit must submit a complete application, accompanied by plans and materials in the form approved by the Director, and the application fee. The Director may waive submission of items deemed unnecessary to determine compliance with this chapter. An application is considered complete if it is in accordance with section 17.60.020.

B. Notice and hearing. The hearing body will hold a hearing on the application, unless the application qualifies for expedited review under section 17.66.040B.3, or no neighbor requests a

17- 107

Planning & Land Use

hearing under section 17.66.040 B.2. Notice requirements are set forth in sections 17.66.040 A.2 and B.2, and in division 17.62.

C. Decision. The hearing body will approve, conditionally approve, or deny the application. The Director will notify the applicant of the decision in writing.

D. Effective date. A decision under this division takes effect at the end of the time allowed for an appeal, which is 10 calendar days after the date of the decision. If the decision is appealed, the decision is not final until the appeal process has been exhausted. (See division 17.78.)

E. Appeal. A decision of the Director may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council, all in accordance with the appeal procedures of division 17.78.

The hearing body may not approve a design review permit unless the design of the project conforms to all of the following standards:

A. The proposed design is consistent with the City's General Plan and Piedmont Design Standards and Guidelines.

B. The design has little or no effect on neighboring properties’ existing views, privacy, and access to direct and indirect light.

C. The proposed design does not adversely affect pedestrian or vehicular safety. (Ord. 769 N.S., 10/2023)

17- 108

Planning & Land Use