This subchapter of the Auburn Municipal Code shall be known as Design Review.

(Ord. 04-8, eff. 11-15-2004)

The provisions of this subchapter are adopted to provide special regulations for the establishment of the design review process, as set forth in this subchapter, for the following purposes:

1. For the protection, enhancement, and use of places, sites, buildings, and structures having special character, aesthetic interest, and value and to impose appropriate and reasonable controls upon the appearance of private property within public view where necessary to preserve the economic value of such places, sites, buildings, and structures to the city and its merchants and citizens;
2. For the proper use of places, sites, buildings, and structures, including signs, which are essentially desirable to the community but, due to the nature of the use, present special problems such as noise, traffic, congestion, or an effect on economic values;
3. For the protection of substantial public investments in conservation, recreation, and the general public health, safety, and welfare; and
4. For the enhancement of tourism and the economy of the city by protecting and preserving places having special and unique character and interest.

(Ord. 04-8, eff. 11-15-2004)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ARCHITECT'S REVIEW COMMITTEE (ARC). A group of architects that serve, on an on-call basis, as an advisory body to the Planning Director on issues relating to architectural review. The ARC shall be established by resolution of the City Council. The membership roster for the Committee shall be maintained by the Planning Director.

BUILDING OFFICIAL. The chief administrative officer.

DEPARTMENT. The Planning Department.

DESIGN REVIEW. The city review process for development requests.

DESIGN REVIEW DISTRICT. Special subareas of the city, which due to their location, unique character, historical nature, and/or architectural character, are of particular interest to, and for which specific development standards have been developed by, the city.

DESIGN REVIEW PERMIT (DRP). A development permit issued by the Planning Commission, Historic Design Review Commission, or Planning Department for new construction or alteration, modification, or additions to existing structures or sites within the City of Auburn.

DIRECTOR. The Planning Director.

HISTORIC DESIGN REVIEW. The city review process for development requests associated with property located within the Historic Design Review District or for properties that are designated as a historic resource.

HISTORIC DESIGN REVIEW COMMISSION. The approving authority for projects located within the Historic Design Review District.

HISTORIC DESIGN REVIEW DISTRICT. The design review district that includes the Downtown Design Review District, the Old Town Design Review District, and properties designated as a historic resource.

HISTORIC DESIGN REVIEW PERMIT. A Design Review Permit issued for properties located within the Historic Design Review District.

(Ord. 04-8, eff. 11-15-2004)

The provisions of this subchapter shall apply citywide. Except as otherwise provided for by this subchapter, separate Design Review Districts may be established by resolution of the City Council and shall be identified on a map, attached as an exhibit hereto and maintained on file in the Planning Department and incorporated herein by reference.

(Ord. 04-8, eff. 11-15-2004)

1. Citywide design review. Except as required below, design review shall be required for all commercial, office, industrial, and multi-family residential projects within the city as specified below.
   1. Design Review Permit (DRP) required. A Design Review Permit shall be required for the following types of projects:
      1. Construction of all new buildings or structures.
      2. Alterations, remodeling, or additions to existing structures which will result in an increase of more than 20% of the floor area of the structure before the addition or alteration, or 2,500 square feet, whichever is less.
      3. Substantial exterior remodeling which includes more than 50% of the lineal frontage of any one exterior building façade as well as the addition and/or alteration of significant building elements.
      4. Modifications to existing Design Review Permits (§ 159.121).
   2. Administrative approval. The Director may approve, conditionally approve, or deny the following types of projects:
      1. Modifications to projects with existing Design Review Permits (per § 159.121), including plan revisions; architecture, materials, and colors; landscaping, and parking.
      2. Alterations, remodeling, or additions to existing, structures which will result in an increase of less than 20% of the floor area of the structure before the addition or alteration, or 2,500 square feet, whichever is less.
      3. Minor exterior remodeling (such as less than 50% of the lineal frontage of any one exterior building façade; rearrangement or addition of doors, windows, and awnings).
      4. Minor modifications to existing site improvements (such as parking lots, parking lot re-striping).
      5. Addition of accessory structures.
      6. Landscaping additions and modifications (per Chapter 153).
      7. Parking additions and modifications (per § 159.165et seq.).
      8. Sidewalk replacement.
      9. Painting or repainting with different colors.
      10. Replacement of building materials with different materials.
      11. Such other matters as delegated by the Planning Commission.
   3. Exemptions. The following types of projects are exempt from the design review process:
      1. Ordinary maintenance and repair.
      2. Painting or repainting (with similar colors).
      3. Replacement of building materials (with similar materials).
      4. Single-family residential buildings or structures.
2. Historic design review. Projects located within the Historic Design Review District, or properties situated outside the district that have been designated a historic resource, shall be subject to Historic Design Review as required by §§ 159.490et seq.
   1. Historic Design Review Permit (HDRP) required. A Historic Design Review Permit shall be required for the following types of projects:
      1. Construction of all new commercial, office, industrial, and multi-family residential buildings or structures.
      2. Alterations, remodeling, or additions to existing structures.
      3. Replacement of building materials with different materials (including re-roofing of buildings).
      4. Painting of buildings if the color(s) used are not similar to the existing colors.
      5. Sign permits.
      6. Modifications to existing Historic Design Review Permits.
   2. Administrative approval. The Director may approve, conditionally approve, or deny the following types of projects:
      1. Minor modifications to existing site improvements (such as parking lot re-striping).
      2. Exterior painting on buildings and/or structures if the color(s) are the similar to the existing color(s).
      3. Replacement of building materials with the same materials (including re-roofing of buildings).
      4. Sidewalk replacement.
      5. Landscaping.
      6. Temporary signage for special events.
      7. Such other matters as delegated by the Planning Commission.
   3. Exemptions. The following types of projects are exempt from the design review process:
      1. Ordinary maintenance and repair.

(Ord. 04-8, eff. 11-15-2004)

1. Planning Commission. The Planning Commission shall be the reviewing authority on all Design Review Permits for projects not located within the Historic Design Review District.
2. Historic Design Review Commission. The Historic Design Review Commission shall be the reviewing authority for all Historic Design Review Permits required for properties located within the Historic Design Review District per §§ 159.490-159.507.
3. Administrative approval. The Planning Department shall be the design review authority for all improvements which do not require approval by the Planning Commission or Historic Design Review Commission.
4. Architect's Review Committee (ARC). At the discretion of the Director, the ARC may serve in an advisory capacity to the Planning Department on issues relating to architectural review.

(Ord. 04-8, eff. 11-15-2004)

1. Application submittal. An application for a permit required by this Title shall be submitted to the Planning Department on an application form provided by the Department, and shall include the consent of the lawful owner of record, fees as established by the City Council, and plans, maps, and any additional information as specified on forms provided by the Department.
2. Eligible applicants. A permit application may be filed by:
   1. The lawful owner of record of the parcel, or their duly authorized agents.
   2. A person with lawful power of attorney or other acceptable authority from the lawful owner of record. Evidence of authorization shall be submitted upon request of the Department.
3. Application acceptance and initial review. The Department shall review all applications for compliance with the submittal requirements. In order to be accepted for processing, an application shall include the required application, filing fees, and plans as defined in division (A).
4. Project referral. The Department may refer applications to the Architect's Review Committee on issues relating to architectural review.
5. Application evaluation criteria. The approving authority shall review and approve, conditionally approve, or deny applications in accordance with the provisions of this chapter and all applicable design guidelines.
6. Public hearing. A public hearing shall be conducted for projects requiring approval of a Design Review Permit or a Historic Design Review Permit.
7. Noticing. Applications shall receive public notice as follows:
   1. Civic design. Public notice shall be provided in accordance with §§ 159.460et seq.
   2. Historic design review. Requests for Historic Design Review shall receive public notice by mail only in accordance with §§ 159.460et seq., excepting that notice shall be provided to persons owning property within 100 feet of the affected property.
8. Reviewing authority action. The reviewing authority specified by § 159.115 shall approve, conditionally approve, or deny a permit in accordance with the requirements of this subchapter. Such a decision may be appealed pursuant to Chapter 162 of this Municipal Code.
9. Conditions. The approving authority may, at the time of approval, impose such conditions as are necessary to insure compliance with this chapter, state or federal laws. Such conditions shall be reasonably related to the public needs created by the proposed project. Conditions to mitigate environmental impacts of the activity shall also be imposed by the approving authority.

(Ord. 04-8, eff. 11-15-2004; Am. Ord. 09-02, eff. 4-8-2009)

Except for those matters that are appealed, an action to approve, deny, modify, or revoke a permit, shall be effective upon the action of the approving authority. No action shall be final until all appeal periods have expired, or until the final action on the appeal has been rendered pursuant to this title.

(Ord. 04-8, eff. 11-15-2004)

An approved permit is valid for 2 years from its effective date, or for any other period specified by the granting authority in the conditions of approval. The permit shall expire and become void at the end of the 24 months unless it has been effectuated pursuant to § 159.119.

(Ord. 04-8, eff. 11-15-2004)

A Design Review Permit or Historic Design Review Permit is effective when:

A. A building or foundation permit is issued by the Planning Department authorizing the construction or modification of a building(s) or structure(s); or

B. Historic Design Review Permit only. A sign permit has been issued by the Historic Design Review Commission authorizing the installation or modification of a sign or sign structure.

(Ord. 04-8, eff. 11-15-2004)

1. Applications for an extension shall be filed on a form provided by the Planning Department and shall be processed pursuant to the design review provisions of this chapter.
2. The Planning Commission may grant extensions for Design Review Permits which have been approved but have not been effectuated. The approval of an extension extends the expiration date for a set period of time to be determined with the permit. Extensions may be granted in any increment of time. Total extensions shall not exceed 3 years.
3. The Director may grant a 1 year extension for administrative approvals that have not been effectuated.
4. Extensions may be conditioned to comply with any development standards which may have been enacted since the permit was initially approved.

(Ord. 04-8, eff. 11-15-2004)

A project approved by Design Review Permit or Historic Design Review Permit shall be constructed or otherwise established only as approved by the granting authority and subject to any conditions of approval, except where changes to the project are approved as set forth in this section. An applicant shall request any desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

A. The Planning Director may authorize changes to an approved plan and/or architecture if the changes:

1. Are consistent with all applicable provisions of this chapter; and 2. Do not result in a significant expansion of the project; and 3. Do not substantially alter the original approval action.

B. Modifications to a project which are not consistent with paragraph (A) above shall be approved by the Planning Commission (for Design Review Permits) or the Historic Design Review Commission (for Historic Design Review Permits). The developer shall be responsible for submitting an amendment request on a form to be provided by the Planning Department. The proposed modification request shall be processed pursuant to the design review provisions of this chapter.

(Ord. 04-8, eff. 11-15-2004)

1. Appeal of Planning Commission or Historic Design Review Commission determination. Any person aggrieved by the action of the Planning Commission or the Historic Design Review Commission may appeal that action to the City Council pursuant to Chapter 162 of this Municipal Code.
2. Appeal of the Director's determination. Any person aggrieved by the action of the Director may appeal that action pursuant to Chapter 162 of this Municipal Code. Projects located within the Historic Design Review District shall be appealed to the Historic Design Review Commission. All other actions shall be appealed to the Planning Commission. Actions appealed from the Director to either Commission may be further appealed to the City Council pursuant to Chapter 162 of this Municipal Code.

(Ord. 04-8, eff. 11-15-2004; Am. Ord. 09-02, eff. 4-8-2009)

The Planning Director shall be responsible for the enforcement of the provisions of this chapter.

(Ord. 04-8, eff. 11-15-2004)

Review by the approving authority is subject to the requirements of the California Environmental Quality Act (CEQA). The approving authority shall not approve an application prior to considering the applicable environmental document and complying with the requirements of CEQA and any city procedures for the preparation and processing of environmental documents.

(Ord. 04-8, eff. 11-15-2004)

The City Council may establish fees, by resolution, for the processing of applications pursuant to this title.

(Ord. 04-8, eff. 11-15-2004)