Chapter 17.86 — DESIGN REVIEW

The purpose of this chapter is to ensure the achievement of the goals and purposes of this title without creating undue hardships, and to protect the health, safety, and public welfare, through the following regulations and procedures established for Design Review. (Ord. 1293 § 16, 2023)

• A. Authority. The Director shall have the authority, subject to the provisions of this title, to grant a Design Review Permit whenever the Director finds the granting of a Design Review Permit is consistent with the requirements, intent and purpose of this title. The purpose of design review is to implement urban design goals, policies, development standards, and design guidelines within priority areas of the City. Design Review is intended to ensure that the design of new construction and additions is contextual and supports design excellence in Vernon. Among the key functions of Design Review is to determine the appropriate character-defining features of legacy buildings and incentives that can be applied to projects on legacy building sites.

• B. Standards and Guidelines. Design Review will evaluate strict compliance with mandatory standards in this Code. Design Review will also evaluate substantial compliance with guidelines in this Code which are expressed with nonmandatory language, determining which guidelines are applicable to a particular project.

The standard conditions imposed upon approval of an application during Design Review will not be more restrictive than those prescribed by applicable zoning district regulations or other applicable entitlement procedures.

(Ord. 1293 § 16, 2023)

This review process applies to any new construction projects within the Mixed-Use Zones (MU-CC, MU-S, MU-N, MU-PH) or any change of use project which does not replace the existing features "in kind." To be considered "replacement in kind," the features must reasonably match the design, profile, material, and general appearance of the originals. Alterations, additions, and repairs that do not change the exterior appearance of a structure, including replacement in kind of existing features, do not require Design Review. Revised plans of the change shall be filed with Public Works. Singlefamily residential projects and accessory dwelling units are not subject to Design Review. (Ord. 1293 § 16, 2023)

Public Works Director Authority. The Public Works Director will conduct Design Review and make decisions to approve the application or impose conditions upon the approval of the application, including the granting of any preservation incentive. The Public Works Director may refer any such project for a public hearing before the City Council to receive comment on the project's design, but not to approve or deny the project, if the Director determines it has special significance. (Ord. 1293 § 16, 2023)

In acting to approve or conditionally approve an application for the Design Review, the Public Works Director shall make the following findings:

• A. That the project is consistent with the applicable development standards of the Vision and any design guidelines of this Vision as deemed applicable to the project by the Public Works Director.

• B. That the project implements applicable goals and policies of the Vernon General Plan, as deemed applicable by the Public Works Director.

• C. That any development incentive granted is appropriate in order to preserve the characterdefining features of a legacy structure and/or accommodate multiple encouraged uses.

• (Ord. 1293 § 16, 2023)

Following the City Clerk's receipt of a written appeal contesting any action or decision of the Director that has been submitted to the City Clerk within 30 days after the date such action or decision was taken by the Director, the City Clerk shall set the appeal for a public hearing. The public hearing shall be held not less than 10 calendar days nor more than 60 calendar days from the City Clerk's receipt of the appeal. The City Clerk shall give notice of the time and place of the hearing and the purpose thereof in the manner described in Section 17.68.040 , "Notice of public hearing." The appellant may appear in person before the City Council or be represented by an attorney, and may introduce evidence to support the claim. The appellant shall cause to be made at his or her own expense any investigation or research required by the City to substantiate the appellant's claim. The City Clerk shall mail a copy of the City Council's decision by certified mail to the appellant and all other persons who received notice of the original hearing, and to any other person requesting the same, within five business days after the adoption thereof. The Council's decision shall be final and conclusive. (Ord. 1293 § 16, 2023)