(A) Purpose. Design review is a discretionary process to ensure that the street-facing facades of proposed developments exhibit high quality design, complement neighboring properties and contribute to Eureka’s distinctive identity and unique sense of place.
(B) When required. The following types of projects require design review:
(1) Additions adding 30% or more floor area to the total existing floor area of a building in the R2 or R3 Zoning Districts or in a mixed-use zoning district;
(2) New buildings that are 500 square feet or more in the R2 or R3 Zoning Districts or in a mixed-use zoning district;
(3) Any exterior modification to a street-facing building façade located on a pedestrian-focused frontage. (See Figure 208-4 in § 155.208 (Mixed-use Zoning Districts).) "Exterior modification" includes the addition of a new sign, or the change in the size, shape, or location on the façade of an existing sign, but does not include refacing an existing sign when there is no change in the size, shape or location of the sign, and does not include painting a sign directly on the façade of the structure; and
(4) Wireless telecommunication facilities. (See Municipal Code Ch. 159 (Wireless Telecommunications Facilities).)
(C) Exemptions. The following projects are exempt from design review:
(1) Single-family homes and accessory dwelling units;
(2) Modifications and additions to existing structures where the modification or addition is not facing an adjacent public street;
(3) Buildings occupied by the following use categories, as identified in § 155.504 (Land Use Classifications):
(a) Agricultural and natural resource uses;
(b) Civic and recreation uses; and
(c)
Infrastructure and utility uses; and
(4) Projects or project features to serve a person with disabilities under the Americans with Disabilities Act (ADA).
(D) Signs.
(1) The Design Review Committee serves as the review authority for signs that require a master sign permit or creative sign permit. However, these sign permit applications are not subject to the design review process required by this section. To approve a sign permit, the Design Review Committee uses exclusively the review and approval criteria in § 155.340 (Signs). The Design Review Committee does not consider the design review criteria in division (J) below when acting on a sign permit.
(2) The Design Review Committee serves as the review authority for modification of the size, shape, or location of an existing sign, or the addition of a new sign, on the façade facing a pedestrian-focused frontage. Design review is not required for either a new sign or modification of an existing sign when the sign is painted directly on the façade facing a pedestrian-focused frontage; however, a sign permit may be required pursuant to § 155.340 (Signs).
(a) To approve modification of the size, shape, or location on the façade of an existing sign, the Design Review Committee uses exclusively the design review criteria (§ 155.412.040(J)) for community character, surrounding context, architectural style, and visual interest.
(b) For a new sign, the Design Review Committee uses the design review criteria noted in (D)(2)(a), above, and the review and approval criteria in § 155.340 (Signs) to approve both the façade modification and the sign.
(E) Review authority.
(1) The Design Review Committee conducts design review for all projects, except as follows:
(a) If the project also requires review by the Historic Preservation Commission (HPC) as provided in Municipal Code Ch. 157 (Historic Preservation), the HPC conducts design review;
(b) If the project also requires a permit from the Planning Commission, the Planning Commission conducts design review; and
(c) If the project also requires City Council approval, the City Council conducts design review.
(2) When the Planning Commission or City Council conducts design review, the Department may request informal input from individual Design Review Committee members prior to Planning Commission action on the project. The Design Review Committee does not hold a formal meeting on the proposed project prior to Planning Commission or City Council review.
(F) Application submittal and review. Design Review applications must be submitted and reviewed in compliance with § 155.408 (Permit Procedures).
(G) Consistency. A project must be consistent, as determined by the Director, with the General Plan, any applicable specific plan or area plan, and/or other design policies and regulations adopted by the City Council, prior to being scheduled for design review.
(H) Public notice and hearing. The review authority must review and act on a design review application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).
(I) Scope of design review.
(1) When acting on a design review application, the review authority must consider only those project features directly related to the design criteria described in division (J) below.
(2) The review authority may not consider exterior building colors or other color choices included as part of a proposed project.
(3) When conducting design review, the review authority may not require a modification to a project feature that complies with mandatory development standards in the Zoning Code. For example, if a project complies with the minimum setback requirement, the review authority may not require an increased setback as a condition of design review approval. Design review is intended to address only aesthetic considerations not otherwise regulated by the Zoning Code.
(4) Design review may not require project changes to improve the economic viability of a business as perceived by the review authority.
(J) Design review criteria. To approve a design review application, the review authority must find that the proposed project complies with all of the following design review criteria to the extent they apply.
(1) Community character. The overall project design enhances Eureka’s unique character and distinctive sense of place. A variety of building types and styles respects Eureka’s architectural heritage and embraces forward-looking creative expression.
(2) Surrounding context. The overall project and associated buildings enhance the design quality of the area where they are located. New buildings may “fit in” with traditional architecture that matches or complements the surrounding context or “stand out” with a contemporary and contrasting style. All buildings must minimize adverse impacts on neighboring properties when possible.
(3) Pedestrian environment. Buildings incorporate design features that support an active public realm and an inviting pedestrian environment.
(4) Architectural style. Buildings demonstrate a coherent and successfully executed architectural style. Building architecture may be traditional or modern. Buildings are not required to conform to any dominant architectural style or local vernacular. Creative architectural and artistic expression is encouraged.
(5) Articulation and visual interest. Building facades are distinctive, create visual interest and relate to the human scale through vertical and horizontal articulation, varied building planes, distinctive building elements and/or noticeable architectural details. Building elements such as roofs, doors, windows and porches are part of an integrated design and relate to the human scale. Architectural details such as articulation, trim, eaves, window boxes and brackets contribute to the visual interest of the building.
(6) Materials. Building facades feature high-quality materials that are appropriate to the architectural style, enhance building articulation and are compatible with surrounding development.
(7) Safety. The project promotes public safety and minimizes opportunities for crime through design features such as property access controls (e.g., placement of entrances, fences), increased visibility and features that promote a sense of ownership of outdoor space.
(8) Landscaping. Landscaping features low-water-use plants appropriate for the local climate, contains native plants in compliance with § 155.328.050(D) (Native Plants), and does not include any invasive species that would be harmful to native plants and habitat, in compliance with § 155.328.050(E) (Invasive Plants).
(K) Findings. To approve a design review application, the review authority must make all of the following findings:
(1) The proposed development will not be detrimental to public health, safety or welfare or materially injurious to the properties or improvements in the vicinity; and
(2) The proposed project complies with all applicable design review criteria in division (J) above.
(L) Building permits.
(1) For projects subject to design review, the Building Department may not accept a building permit application until after design review approval.
(2) The Building Department may issue a certificate of occupancy or other final building permit sign-off only after the Department has physically inspected the project site and verified that the as-built project conforms with design review approved plans and conditions of approval.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 938-C.S., passed 11-1-22)