The provisions of this article are intended to establish a process by which certain types of development projects and structures are subject to a discretionary review approval process before the City's Planning Commission, and under specified circumstances before the City Council or Planning Director, to ensure that the site plan, building layout, size, shape, scale, mass, height, architectural design, architectural components, materials, colors, landscaping and other aspects of the physical plan for the development project are compatible with neighboring developments, are appropriate for the site, and achieve the highest level of design that is feasible for the project. The City intends to use this process to improve the aesthetic character of the community, to preserve and enhance property values, protect adjacent properties from adverse impacts caused by development projects, to assist private and public developers to be more cognizant of public concerns for the aesthetics of projects, and to bring about a community that is safe, functional and attractive.

Except as otherwise provided in this chapter and except for any design review done pursuant to Section 9-2.2002(b)(1)(ii), all applications for design review approval shall be subject to the notice and hearing requirements specified in Article 23 of this chapter. Notice and hearing shall not be required for a Planning Director decision.

No application for design review approval shall be approved by the Planning Commission, the City Council or, when otherwise authorized by this chapter, the Planning Director, unless the application, in its final submitted form, or with the imposition of conditions, meets all of the criteria set forth in this section. This section shall not apply to applications for window signs or exposed neon lighting for signs or architectural accents, which shall be approved in accordance with the specific criteria set forth in Articles 12 and 12.5. This section shall also not apply to applications for wireless communications facilities, which shall be approved in accordance with the specific criteria set forth in Article 42.

The Planning Commission shall adopt a resolution approving or denying the design review application and setting forth its findings for approval or denial. For Planning Director decisions, the Planning Director shall send the applicant a letter approving or denying the design review application and setting forth their reasons for approval or denial. In the event the application is approved, the Planning Commission or Planning Director, as applicable, may impose conditions that are necessary to satisfy the findings of approval and to ensure compliance with the City's approval.

Upon approval or denial of any design review application for a project that involves a structure that exceeds 35 feet in height that is not otherwise subject to a variance for height, or that includes more than 20,000 square feet of floor area, the Planning Commission's decision shall not become final unless a report regarding the Planning Commission's action is first presented to the City Council and the City Council acts to affirm the Commission's action. If, upon receipt of the report of the Commission's action, the City Council does not act to affirm the Commission's action, the City Council shall either remand the application back to the Commission for further proceedings, or set the matter for public hearing before itself and then approve or deny the application in accordance with the criteria specified in this article. However, even if a design review application for a project involves a structure that exceeds 35 feet in height that is not otherwise subject to a variance for height, or includes more than 20,000 square feet of floor area, if it meets the provisions of Section 9-2.2002(b)(1)(ii), the application shall continue to be subject to a Planning Director decision and shall not require affirmation either the Planning Commission or the City Council.

Except for wireless communication facilities, any action of the Planning Director or Planning Commission approving or denying a design review application may be appealed by any person to the Planning Commission or City Council, respectively, within 15 days of the date of the decision in accordance with the procedures specified in Article 19 of this chapter. Wireless communications facilities shall be appealed by any person directly to the City Council. Upon the filing of the appeal, the matter shall be set for hearing before the appeal body. Notice of the appeal hearing shall be provided as required in Article 23 of this chapter. If there is any conflict between the terms of this article and the terms of Article 19, the terms of this article shall prevail.

Design review approvals that are not inaugurated by the issuance of a building permit and the commencement of construction in accordance with that permit shall become null and void within one year from the date the design review application was approved. This expiration date may be extended by the filing of an application for extension, which application must be filed not less than 30 days prior to the expiration of the original approval or any previously approved extension. In granting or denying the extension, the body that approved the application shall use the original criteria for the grant of the approval specified in Section 9-2.2005 of this article and may impose additional conditions as are deemed necessary to ensure continued compliance with those criteria. The maximum time permitted for an extension shall be a cumulative period of two years, unless the project is also the subject of a subdivision map, in which case the maximum period of extension shall comply with the maximum time permitted for the extension of a tentative subdivision map.