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(A) Minor design review applications may be approved administratively by the Zoning Administrator with appeal to the Planning Commission. As determined by the Community Development Director, minor design review applications may include:
(1) Signage.
(2) Projects that comply with the City Wide Design Guidelines, have been peer reviewed as required by this article, and do not require other entitlements or involve the preparation of an initial study under the California Environmental Quality Act.
(3) Landscape and ancillary features such as fountains, walls, etc.
(B) However, the Community Development Director may determine that the totality of circumstances require a design review application to be considered by the Planning Commission.
(Ord. 2043-C-S, passed 10-26-10)
(A) The Planning Commission shall have the authority to develop and recommend for Council approval design guidelines and objective design standards to establish criteria for the review of those matters required to come before the Commission. The guidelines and standards may include criteria for site planning, landscape treatment, building design, and signs.
(B) The Citywide Design Guidelines, with the exception of Chapter 6, Residential Design Guidelines, prepared by Downtown Solutions and dated October 2009, are herein incorporated by reference.
(C) New construction and exterior remodels of residential uses are subject to the Single Family and Missing Middle Objective Design Standards and the Multi-Family Objective Design Standards, which may be adopted, amended, and repealed by City Council resolution.
(D) The Zoning Administrator, the Planning Commission and the City Council shall adhere to the adopted guidelines and standards, as amended, in site plan and design review as required in § 9-5.2607, and no such application shall be approved, unless it complies with the adopted guidelines and findings can be made pursuant to division (G) of this section. Findings are not required to be made for development applications deemed complete prior to the adoption of this section.
(E) Ministerial residential projects shall be subject to the adopted standards and shall be reviewed against the adopted standards at building permit submittal.
(F) In circumstances where conflicts arise between the design guidelines and standards and specific requirements of the zoning ordinance, then the zoning ordinance shall supersede the design guidelines and standards requirements.
(G) In order to grant a waiver from adopted design guidelines and objective standards for projects, except as pursuant to division (H), the Zoning Administrator, Planning Commission or the City Council shall find at least one of the following:
(1) That because of special circumstances applicable to the subject property, including, but not limited to, size, shape, topography, location or surroundings, the strict application of the design guidelines is not feasible; or
(2) That the overall project has a quality design, the majority of the project is consistent with the design guidelines and minor discrepancies with the design guidelines will not create a development that is undesirable or unsightly; or
(3) That the project features a unique theme or style that is not addressed in the design guidelines, but the overall project is of such extraordinary design quality that the project will not create a development that is undesirable or unsightly.
(H) In order to allow modifications to the adopted Multi-family Objective Design Standards, the Zoning Administrator, Planning Commission or City Council shall follow the procedure set forth in § 9-5.702.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09; Am. Ord. 2035-C-S, passed 11-10-09; Am. Ord. 2224-C-S, passed 2-14-23; Am. Ord. 2231-C-S, passed 8-22-2023)
The applicant shall submit written information, plans, and fees as required by the Community Development Department. All plans shall be drawn to scale, and shall indicate all required information contained in the application submittal package available at the Community Development Department for Design Review. As determined by the Community Development Director, applicants may also be required to submit to a peer review process conducted by a design professional chosen by the city before consideration by the Planning Commission or Zoning Administrator. The applicant shall be responsible for the costs of such peer review.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09; Am. Ord. 2043-C-S, passed 10-26-10)
(A) Any decision made by the Planning Commission which would otherwise constitute final approval or denial may be appealed to the Council. Such appeal shall be in writing and shall be filed with the City Clerk within five working days after the decision. The day the decision is made shall not count in the calculation of the time period. The term WORKING DAY shall mean days upon which the City Hall is open for business and shall exclude weekends and holidays observed by employees in the City Hall.
(B) The Council, acting through the City Clerk, shall set the date for the Council to hear the appeal; however, the appeal shall not be noticed as a public hearing.
(C) The Council shall render its decision within 60 days after the filing of such appeal, unless the time period is extended by stipulation of the appellant and the Council.
(D) All appeals to the Council shall be accompanied by a filing fee established by a resolution of the City Council. The City Clerk shall waive the filing fee upon satisfaction that the appellant is indigent.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09)
ARTICLE 27: DESIGN REVIEW, USE PERMITS, ADMINISTRATIVE USE PERMITS AND VARIANCES
(A) This article provides the flexibility in application of land use and development regulations necessary to achieve the purposes of this chapter by establishing procedures for approval, conditional approval, or disapproval of design reviews, use permit, administrative use permit and variance applications.
(B) The purpose of design review is to promote the orderly and harmonious development of the city, the stability of land values and investments, and the general welfare and to encourage and promote the highest quality of design and site planning to delight the user and others who come in contact with uses and structures in the city.
(C) Design review plans are required for all new development and additions to existing structures, unless the Zoning Administrator finds that the addition is non-controversial, minor, and does not involve a substantial alteration to the existing structure. Design review is not required for the construction or alteration of a single-family residence unless within a planned development regulating the architectural style of the dwelling.
(D) Use permits are required for use classifi-cations typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.
(E) Administrative use permits may be granted by the Zoning Administrator for minor projects if it can be determined that such projects comply with the provisions of this chapter.
(F) Variances are intended to resolve practical difficulties or physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geo-graphic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site.
(G) Authorization to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the land use objectives of this chapter is provided by the use permit/administrative use permit process for specified uses and by the authority of the Zoning Administrator to determine whether a specific use belongs within one or more of the use classifications listed in this chapter.
(Ord. 897-C-S, passed 10-25-94)
(A) The Planning Commission or the Zoning Administrator, as the case may be, shall hold a public hearing on an application for a use permit or variance. An application for an administrative use permit shall be acted upon by the Zoning Admini-strator without a public hearing being held. Similarly, design review shall not require a public hearing.
(B) The Zoning Administrator shall set a tentative time and place for a public hearing to be held within 90 calendar days of receiving a completed application.
(C) Notice of the hearing shall be given in the following manner:
(1) Mailed or delivered notice. At least 10 calendar days prior to the hearing a notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site subject as shown on the last equalized property tax assessment role. This noticing area may be expanded if the application is perceived to have impacts beyond a 300 foot radius. Where environmental review requires more extensive noticing, it can occur simultaneously.
(2) Posted notice. Notice shall be posted 10 days prior to the hearing at the Planning Depart-ment and in one newspaper of general circulation. Where environmental review requires more extensive noticing, it can occur simultaneously.
(D) The notice of public hearing shall contain:
(1) A description of the location of the development site and the purpose of the application;
(2) A statement of the time, place, and purpose of the public hearing;
(3) A reference to application materials on file for detailed information; and
(4) A statement that any interested person or an authorized agent may appear and be heard.
(E) When applications for design review, use permits, variances or combinations thereof are filed at the same time for a single site, the city may schedule a combined public hearing.
(Ord. 897-C-S, passed 10-25-94)
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