Chapter 24.545 — DESIGN REVIEW PROCEDURE

Sections:

• 24.545.010 Chapter Description.

• 24.545.020 Design Review Required.

• 24.545.030 Review Process.

• 24.545.040 Limitations on Design Review.

• 24.545.050 Preliminary Design Review.

• 24.545.060 Delegation of Authority.

• 24.545.070 Initiation.

• 24.545.080 Voting Procedure.

• 24.545.090 Notice.

• 24.545.100 Required Findings.

• 24.545.110 Conditions of Approval.

• 24.545.120 Action by Decision-Making Authority.

• 24.545.130 Appeals.

• 24.545.140 Effect.

• 24.545.150 Failure to Comply With Conditions. 24.545.160 Design Review Amendment.

*** Cross reference:** Design review committee, ch. 2.420.

Chapter 24.545 hereby establishes the design review procedure to:

1. Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit;

2. Encourage the orderly and harmonious appearance of structures and property within the city along with associated facilities, such as signs, landscaping, parking areas, and streets;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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3. Maintain the public health, safety, and general welfare, and property and improvement values throughout the city;

4. Assist private and public developments in evaluating and implementing public concerns for the aesthetics of developments;

5. Reasonably insure that new development does not have an adverse aesthetic, health, safety, or architecturally related impact upon existing adjoining properties, or the city in general;

6. Foster attainment of goals, objectives, policies, and programs of the comprehensive plan by preserving and enhancing the particular character and unique assets of the city, and providing for harmonious development through encouraging private and public interests to assist in the implementation process; and

7. Otherwise further the purposes of this zoning ordinance. (Code 1971, § 15.845.010)

A. Approval of design review must be obtained prior to any and all development for which design review is required by this chapter. In addition, design review approval may be required by the decision-making authority as a condition of any permit or variance or other approval granted pursuant to this zoning ordinance. All applications for design review approval shall be processed in accordance with this chapter.

• B. Design Review shall be required for:

  1. The exterior structural and architectural features, including color and materials, of all projects involving new construction of buildings or other structures in Historic District (HD) Overlay Zones, or involving alterations or additions to buildings or other structures in Historic District (HD) Overlay Zones, or involving alterations or additions to designated historic landmarks or points of interest, except as provided by section 24.545.040;

  2. The exterior structural and architectural features, including color and materials, of all other projects involving new construction of buildings or other structures, or involving alterations or additions to existing buildings or other structures, except as provided by section 24.545.040;

  3. Parking lots providing ten or more offstreet parking spaces;

  4. Fences, walls, or landscaping related to a use type that requires design review; and

  5. All signs that are subject to section 24.420.060. (Code 1971, § 15.845.020)

Design Review shall be carried out as follows:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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1. For any proposed project or use requiring no discretionary permits or other approvals other than design review, the design review committee shall act as the decision-making authority for design review in accordance with this chapter, provided that, the director may act as the decision-making authority on any application for design review for such projects as uses that consist solely of:

• a. Signs, other than monument signs or pole signs, that are subject to section 24.420.060 if such signs conform to a sign program which has been reviewed by the design review committee and approved by the appropriate decision-making authority or otherwise conform to all Municipal Code requirements; or

b. Any of the other development described in subsection B of section 24.545.020 if the combined cost of the improvements at a proposed site at any one time does not exceed an amount which is calculated in accordance with the following formula:

$3,087, multiplied by a factor which equals the most recent January first Engineering News Record construction cost index, divided by the January 3, 1994 Engineering News Record construction cost index (5335.81).

2. For any proposed project or use requiring, in addition to design review, any other discretionary permits or other approvals from the planning commission, the planning commission shall act as the decision-making authority for design review in accordance with this chapter. In such instance, the design review committee shall carry out preliminary design review for the proposed project or use and make a recommendation to the planning commission thereon.

3. For any proposed project or use requiring, in addition to design review, any other discretionary permits or other approvals from the director, including, without limitation, administrative use permits, administrative PD permits, administrative coastal development permits, administrative variances, or director’s permits, the director may act as the decision-making authority for design review in accordance with this chapter. In such instance, the design review committee shall carry out preliminary design review for the proposed project or use and make a recommendation to the director thereon. (Code 1971, § 15.845.030)

A. The design review committee shall not, in the course of the design review process for projects or uses requiring no other discretionary permits or approvals, determine the location or appropriateness of land uses if such uses of land comply with applicable zoning district regulations.

• B. In addition, design review shall not be required for:

  1. The interior designs or layouts of buildings or other structures; or

  2. Any uses classified within the following use types, unless required by the decision-making authority as a condition imposed on any permit or variance or other approval granted pursuant to this zoning ordinance:

Residential Use Types:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Family Residential: Single Family (unless declared an historical landmark or located in an HD Overlay Zone)

Family Residential: Two Family (unless declared an historical landmark or located in an HD Overlay Zone) Family Residential: Caretaker

Family Residential: Mobile Home

Farm Employee Housing

Residential Care

Residential Second Unit General Use Types:

Dining Establishments: Ancillary Service

Educational Services: General

Farmer’s Market, Certified

Recycling Services: Consumer

Recycling Collection Points

Agriculture Use Types:

Animal Husbandry

Apiculture

Crop Production

Horticulture

Produce Sales (Code 1971, § 15.845.040)

Any and all proposed projects or uses, including proposed signs, that require design review pursuant to section 24.545.020 and also require other discretionary permits or approvals from the planning commission or the director, shall be preliminarily reviewed by the design review committee for recommendations on the design and other features so as to assist the applicant and the decision-makers in carrying out final design review by the planning commission or the director.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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In addition, any proposed projects or uses that require design review pursuant to section 24.545.020 but require no other discretionary permits or approvals from the planning commission or the director may, at the discretion of the director, be referred to, and preliminarily reviewed by, the design review committee for recommendations on the design and other features so as to assist the applicant and the committee in carrying out final design review.

During such preliminary review as described in this section, the role of the design review committee shall be advisory rather than that of a decision-making authority and no final or binding decision shall be issued by the design review committee during such preliminary review. (Code 1971, § 15.845.050)

The design review committee may, by resolution, delegate its decision-making authority regarding design review to the director for specified types of signs or other minor development. (Code 1971, § 15.845.060)

A request for design review approval may be initiated by the city council, the planning commission, the director, or by application pursuant to section 24.500.030. (Code 1971, § 15.845.070)

In any instance where the decision-making authority for design review approval is a decision-making body of two or more members, all actions relating to an application for design review approval shall be by a majority vote of the decision-making authority present and voting. Any tie vote or other action that fails to receive a majority vote shall constitute a denial. (Code 1971, § 15.845.080)

All applicants shall be provided with notice of the time and place of the public meetings at which their applications will be considered. (Code 1971, § 15.845.090)

Prior to granting an approval of an application for design review, the decision-making authority must make all of the following findings:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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1. The design and layout of the proposed development is consistent with the applicable elements of the comprehensive plan and any adopted architectural criteria for specialized areas, such as designated historic districts, theme areas, planned developments, or specific plans;

2. The design and layout of the proposed development will accommodate the functions and activities that are proposed for the property, will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards;

3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and all reasonable design efforts have been made to maintain the harmonious, orderly, and attractive development contemplated by this zoning ordinance and the comprehensive plan;

4. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors and that it is aesthetically of good composition, materials, texture, and color that will remain aesthetically appealing with the level of maintenance and upkeep that might reasonably be expected of the occupants. (Code 1971, § 15.845.100)

The decision-making authority, in approving an application for design review, may impose such conditions that it deems necessary or desirable to insure that the project authorized by such design review will be established, operated, and maintained in accordance with the findings required by section 24.545.100 and all other

requirements of this zoning ordinance, this Code, and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions imposed by the decision-making authority may involve any factors affecting the colors, materials, design, landscaping, signs, or other architectural features of a project. (Code 1971, § 15.845.110)

The decision-making authority may take the following actions relating to any application for design review pursuant to this chapter:

1. Granting Design Review Approval. The decision-making authority may approve an application for design review and may impose such conditions pursuant to section 24.545.110 as it deems necessary or desirable to make the findings required by section 24.545.100 or to otherwise further the purposes of this zoning ordinance and to assure that all applicable development standards required by this zoning ordinance are met. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

2. Continuances. The decision-making authority may continue consideration of an application for design review for a period of time specified by the decision-making authority.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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3. Denial of Design Review Approval. The decision-making authority may deny an application for design review approval upon finding that the proposed project, or any component thereof, does not, or may not, comply with the requirements of this chapter, or that one or more of the findings required by section 24.545.100 cannot be made, or that the proposed project, or any component thereof, is otherwise inconsistent with the purposes of this zoning ordinance as set forth in section 24.105.030.

4. Referral of Applications.

a. The director may refer any application for design review approval to the design review committee. In such instance, the design review committee may act as the decision-making authority for design review;

b. If the planning commission or the design review committee determines that it would approve a design review request but for slight changes, either body may refer the application to the director to resolve such changes with the applicant before it again reviews and considers the design review application; and

c. If the city council determines that it would approve a design review request but for slight changes, it may refer the application back to the planning commission, the design review committee, or the director to resolve such changes with the applicant before it again reviews and considers the design review application. (Code 1971, § 15.845.120)

Any action of the decision-making authority carried out pursuant to this chapter may be appealed as provided by chapter 24.565. (Code 1971, § 15.845.130)

No final inspection or occupancy permit shall be granted unless the completed work complies with the plans approved and the conditions required by the decision-making authority as a condition of design review approval. The colors, materials, and building design and landscaping and signs shall be established and maintained in accordance with the approved plans unless approval to the contrary is granted by the decision-making authority which granted the design review Approval. (Code 1971, § 15.845.140)

Failure to comply with any of the terms or conditions of a design review approval is a violation of this zoning ordinance subject to the enforcement provisions prescribed by chapter 24.580, and any and all other penalties and remedies that may be provided by law. A design review approval may be revoked, or the conditions of the approval may be reevaluated, as provided by chapter 24.570. (Code 1971, § 15.845.150)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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The terms or conditions of a design review approval may be amended as provided by chapter 24.570. (Code 1971, § 15.845.160)