Yuba County Municipal Code Ch. 4.35 Plumas Lake Specific Plan Design Review Committee

It shall be the purpose of the Design Review Committee to provide public review of designs of certain kinds of development within the Plumas Lake Specific Plan area to ensure their consistency with the Specific Plan Guidelines. Community aesthetics are considered to be an important component to the success of the Specific Plan and the maintenance of a minimum level of quality in architecture and development will promote civic pride and maintain property values.

(Prior Code, § 4.35.010; Ord. No. 1143)

There hereby is created a Design Review Committee to implement the purpose stated, and to achieve the objectives expressed, in Section 4.35.010.

(Prior Code, § 4.35.020; Ord. No. 1143)

Where the following types of projects are proposed within any land use district of the Plumas Lake Specific Plan, approval of the proposed site plan and preliminary architectural plans by the Design Review Committee is required prior to the issuance of building permits for the project.

(1) Commercial, industrial, office or private institutional buildings or groups of buildings, or additions to such buildings designed as a single project where the total gross floor area of the new construction or addition exceeds 1,000 square feet.

(2) Multi-family residential or half-plex buildings or groups of buildings designed as a single project where more than five dwelling units are proposed.

(3) Single-family production housing proposed within a single neighborhood which exceeds five dwelling units constructed more or less concurrently.

(4) Public utility structures such as electrical substations and transmission towers in excess of the maximum height restriction of the land use district.

(5) Proposed public schools and other public buildings except that such review shall be considered non-binding upon the school district and that the application fees for design review shall be waived.

(Prior Code, § 4.35.030; Ord. No. 1143)

Applications for design review shall be submitted in a format as prescribed by the Planning Director, from within the Community Development and Services Agency, and shall include a site plan and preliminary landscape plan, drawn to scale and in sufficient detail to show the location of all proposed buildings, parking facilities and landscape areas in relation to all parcel lines and surrounding structures within ten feet of the property line. Preliminary elevations of all four sides of proposed building types and typical sections of fences and walls shall be provided. Perspective renderings may substitute for elevations of any given exposure. The Planning Director may require that sample materials for exterior color, glazing, masonry or roof material be submitted. All applications for design review shall be accompanied by a nonrefundable filing fee in an amount established by the Board of Supervisors for such review.

(Prior Code, § 4.35.040; Ord. No. 1143; Ord. No. 1405)

The Board of Supervisors shall appoint five members to the Design Review Committee which shall be responsible for the approval of Design Review Applications. Membership shall be for two-year terms, but incumbents may be reappointed by the Board of Supervisors for an unlimited number of consecutive terms. The Committee shall consist of:

(1) Three members of the Committee shall demonstrate a combination of technical knowledge, training or experience in design related fields. Design related fields include, but are not limited to, practicing architects, urban planners, landscape architects, civil engineers, and art or architectural historians.

(2) Two members of the Committee shall be residents of the Plumas Lake Specific Plan area.

(3) In the event that an insufficient number of technically qualified persons or area residents can be found to serve on the Committee, the Board of Supervisors may make appointments of any person it deems qualified and interested.

(4) The Planning Director (Director) or the Director's designee shall be an ex-officio member of the Committee.

(Prior Code, § 4.35.050; Ord. No. 1143; Ord. No. 1405)

Each Committee member shall be entitled to one vote. Approval of any matter requires an affirmative vote from a majority Design Review Committee.

(Prior Code, § 4.35.060; Ord. No. 1143)

If a member misses more than two consecutive meetings of the Design Review Committee, without prior authorization from the Chairperson, such member shall be considered to have resigned the Commission. The Board of Supervisors may remove any member of the Committee at any time by a majority vote of the Board of Supervisors.

(Prior Code, § 4.35.070; Ord. No. 1143)

The Design Review Committee shall hold one regular meeting each month, unless there is no business to conduct and, except for the first meeting, the time, place and manner of holding meetings shall be prescribed by the Design Review Committee. Special meetings may be called at any time by the Chairperson, provided that notification to the public is made in accordance with any applicable laws.

(Prior Code, § 4.35.080; Ord. No. 1143)

The Design Review Committee shall select one of its members to serve as Chairperson and one of its members to serve as Vice-Chairperson. The Planning Director or the Director's designee, shall serve as Secretary to the Committee. Other officers may be appointed as necessary to carry out the work of the Committee.

(Prior Code, § 4.35.090; Ord. No. 1143; Ord. No. 1405)

Officers of the Committee shall have the following duties:

(1) Chairperson. The Chairperson shall preside at the meetings of the Committee and shall act as the Committee's liaison to the Planning Commission and Board of Supervisors.

(2) Vice-Chairperson. In the absence or incapacity of the Chairperson, the Vice-Chairperson shall assume all duties of the Chairperson.

(3) Secretary. The Secretary shall keep or cause to be kept a book of minutes of all activities at meetings of the Design Review Committee, including resolutions made, actions taken and the number of votes cast for, against and in abstention of each related action. The Secretary shall also prepare agendas and give notice of regular and special meetings of the Design Review Committee.

(Prior Code, § 4.35.100; Ord. No. 1143)

The Design Review Committee may create such ad-hoc committees as the business of the Committee may require. Each shall be made up of at least two but fewer than a quorum of Committee members and shall have such authority and perform such duties as the Design Review Committee may determine.

(Prior Code, § 4.35.200; Ord. No. 1143)

Members of the Design Review Committee shall serve without compensation. Committee Members may be reimbursed for expenses incurred in carrying out the duties of the Design Review Committee as authorized by the Board of Supervisors.

(Prior Code, § 4.35.300; Ord. No. 1143)

Subject to approval by the Board of Supervisors, the Design Review Committee may adopt such other rules as it may deem necessary for the transaction of business. The Design Review Committee may adopt policies over time which do not conflict with the provisions of the Plumas Lake Specific Plan or its Design Guidelines. Such policies may not act to hinder the provision of low and moderate income housing, however, through the adoption of minimum floor area standards or other general standards which are not directly related to architecture or design. The Committee may recommend amendments to the Plumas Lake Specific Plan of its Design Guidelines to the Board of Supervisors for their consideration.

(Prior Code, § 4.35.400; Ord. No. 1143)

(a) The Design Review Committee shall consider applications for development subject to its review at their regular meeting. Although approval shall not require a public hearing pursuant to Section 12.10.120 of the Yuba County Ordinance Code, all items shall be noticed in a newspaper of general circulation and agendas made available to the public at least 72 hours in advance of the meeting. No other notice of scheduled items shall be required.

(b) The Design Review Committee may approve, approve subject to conditions, or continue scheduled items brought before it for consideration. In the case of projects which require other approvals from the Planning Commission or Board of Supervisors, its action shall be a recommendation to that other body. In cases where its action represents the final approval prior to issuance of building permits, the decision shall be final unless appealed to the Board of Supervisors in accordance with Section 12.10.160 of the Yuba County Ordinance Code. In addition, the Board of Supervisors by its own initiative upon a motion passed at any regular meeting, may schedule a review of any action by the Design Review Committee. During such review the Board of Supervisors may reaffirm, modify or invalidate an action taken by the Committee.

(c) The Design Review Committee shall not normally deny a project for which design review is required, except as herein provided. If the Committee has considered three or more modifications or alternative designs to a given project and it is still unable to approve the proposal, the application shall be considered denied and a new application shall be required together with the normal application fee. Approvals shall expire 24 months from the date of final action unless the project is substantially initiated prior to that date. Substantial initiation shall mean issuance of a building permit or construction of a specific project facility in conformance with the approved project. The Planning Director may grant one extension, not to exceed 90 days, upon a showing of a good faith attempt to initiate the approved project.

(Prior Code, § 4.35.500; Ord. No. 1143; Ord. No. 1405)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.