Part 4 — Design Review Permit

(a) Development subject to Design Review shall include all new construction, exterior remodeling, additions, or changes in use requiring additional parking, which involves structures used for multi-family residential, commercial, industrial or public purpose and are identified as permitted subject to Design Review in the specific zoning districts. No Building Permit shall be issued for a development subject to Design Review until a Design Review has been approved in accordance with this chapter and conditions of approval have been met.

(b) The following uses are exempt from the Design Review requirements:

(1) Interior remodels which do not result in substantial changes in the character of the occupancy or use or cause greater impact on traffic, water or sewer usage as determined by the Zoning Administrator;

(2) Repair and maintenance of structures or parking areas constrained by the existing structure and not altering existing drainage patterns or easements;

(3) Replacement or repair of a structure partially destroyed by fire, flood or other natural occurrence, when the repair of such structure is determined by the Zoning Administrator to be consistent with the design, use and intensity of the original structure and consistent with the Zoning and General Plan designations;

(4) Reductions of floor or building area within a previously approved Design Review where it is determined that the modification would not result in a significant change in site design, building design, or functionality of the site;

(5) Single-family residential development. (c) The following projects are subject to minor Design Review:

(1) Expansions of multi-family residential, institutional, commercial or industrial buildings of less than twenty-five (25%) percent in total floor area, where the proposed expansion will not cause increased impacts on existing infrastructure and pub-

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lic services, as determined by the Zoning Administrator;

(2) Changes in use requiring additional parking, where the proposed parking can be accommodated, and the use will not cause increased impacts on existing infrastructure and public services, as determined by the Zoning Administrator, and the use is proposed in existing structures;

(3) Exterior remodel;

(4) Residential multi-family projects consisting of two (2) or three (3) dwelling units.

(Ord. 1156-03 C-M, eff. May 22, 2003, as amended by § 1, Ord. 1411-20 (CM), eff. November 26, 2020)

(a) An application for Design Review may be submitted by the property owner or by an agent on the owner’s behalf.

(b) The application shall be made to the Community Development Department and processed in the manner provided in Part 4 of Chapter 14-10.

(c) If the Design Review is submitted concurrent with a request for a division of land, an application for a land division permit shall be submitted with the application for Design Review. Approval of the Design Review shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the Design Review shall take effect upon final approval of the phase of the land division containing the property on which the Design Review is to be located.

(a) The Zoning Administrator shall be the final decision-maker for Design Review. The Zoning Administrator shall render a decision on the Design Review application by issuing a Notice of Decision, without a public hearing, based on findings in Section 14-12.403 and subject to conditions necessary to make the use compatible with surrounding uses. The Zoning Administrator shall approve, deny or conditionally approve the Design Review within the time frame established by State law. If the design is not

consistent with the findings, the application for Design Review shall be denied. Appeals shall be to the Planning Commission in accordance with Part 11 of Chapter 14-10.

(b) The Zoning Administrator in his sole discretion may refer the Design Review to the Planning Commission instead of making a decision on the application. In such event, the Commission shall consider the Design Review at a public hearing and make its decision in accordance with Part 6 of Chapter 14-10. Appeal shall be to the Council in accordance with Part 11 of Chapter 14-10. The Planning Commission and Council shall apply the standards set forth in this chapter in acting on the Design Review.

(Ord. 1156-03 C-M, eff. May 22, 2003)

When considering applications for Design Review, the Zoning Administrator shall evaluate the impact of the Design Review on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the development and make the following findings:

(a) The proposed development is consistent with the goals and policies embodied in the adopted General Plan and the general purpose and intent of the applicable district regulations;

(b) The proposed development is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or with-in the public rights-of-way to mitigate development related adverse impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include but shall not be limited to the placement or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls, or both;

(c) The proposed development will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

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14-12.403

(d) The proposed development incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets;

(e) The proposed development incorporates features to minimize adverse effects including visual impacts of the proposed development on adjacent properties:

(1) Harmony and proportion of the overall design and the appropriate use of materials;

(2) The suitability of the architectural style for the project; provided, however, it is not the intent of this section to establish any particular architectural style;

(3) The sitting of the structure on the property, as compared to the sitting of other structures in the immediate neighborhood;

(4) The size, location, design, color, number, and lighting; and

(5) The bulk, height, and color of the project structure as compared to the bulk, height, and color of other structures in the immediate neighborhood;

(f) The proposed development complies with all additional standards imposed on it by the particular provisions of this chapter, any City of Watsonville architectural guidelines, development and public improvement standards, and all other requirements of this title applicable to the proposed development; and

(g) The proposed development will not be materially detrimental to the public health, safety, convenience and welfare or result in material damage or prejudice to other property in the vicinity.

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14-12.511

(a) The Planning Commission, and the City Council on appeal, shall have no authority to vary, modify or waive any of the regulations or standards prescribed for any use for which a Special Use Permit is required and any purported. such modification, Variance or waiver shall be void.

(b) This provision shall not prevent the property owner from concurrently applying for a Variance pursuant to this chapter. (Ord. 1156-03 C-M, eff. May 22, 2003)

(a) Approval of a Special Use Permit shall authorize only the particular use for which the permit is issued and may include a limit on time the use may continue.

(b) No use authorized by a Special Use Permit shall be enlarged, extended, increased in intensity or relocated unless an application is made to modify the Special Use Permit in accordance with the procedures set forth in this Code.

(c) Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by this title, the Code and County, State, Federal, or other agencies. (Ord. 1156-03 C-M, eff. May 22, 2003)

When considering applications for an Administrative or Special Use Permit, the Zoning Administrator or Commission shall evaluate the impact of the proposed use on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location and make the following findings:

(a) The proposed use at the specified location is consistent with the policies of the General Plan and the general purpose and intent of the applicable district regulations;

(b) The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-of-way to mitigate develop-

ment related adverse impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include, but shall not be limited to, the placement or orientation of buildings and entryways, parking areas, buffer yards, and addition of landscaping, walls, or both, to mitigate such impacts;

(c) The proposed use will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

(d) The proposed use incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets;

(e) The proposed use incorporates features to minimize adverse effects, including visual impacts and noise, of the proposed special use on adjacent properties;

(f) The proposed special use complies with all additional standards imposed on it by the particular provisions of this chapter and all other requirements of this title applicable to the proposed special use and uses within the applicable base zoning district; and

(g) The proposed special use will not be materially detrimental to the public health, safety, convenience and welfare, and will not result in material damage or prejudice to other property in the vicinity. (Ord. 1156-03 C-M, eff. May 22, 2003)