The procedures and authority for review and approval of site plans, architectural elevations of buildings or other structures, signs and landscape plans are established by this chapter to achieve the following purposes:

(1)

To ensure that new development and/or the alteration or enlargement of existing development occurs in a manner which is consistent with the policies of the general plan;

(2)

To preserve the natural beauty of the town's site and setting; to prevent the indiscriminate clearing of property, and the destruction of trees and natural vegetation and the excessive and unsightly grading of hillsides; and to preserve natural landforms and ridgelines;

(3)

To ensure that the location and configuration of structures are visually harmonious with their sites and with surrounding sites and structures; do not unnecessarily block scenic views from other buildings or tend to dominate the townscape or the natural landscape; and create an internal sense of order and provide a desirable environment for occupants, visitors and the general community. To this end, horizontal expansion is preferred over vertical when remodeling;

(4)

To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landforms and vegetation; are appropriate to the function of the project; and promote harmonious transitions between different land uses;

(5)

To ensure that new development is compatible with future development both on and off the site;

(6)

To ensure that plans for the landscaping of open spaces conform with the requirements of this title, and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, blend harmoniously with the natural landscape, and are appropriate to the design and function of the structures;

(7)

To ensure that the design and location of signs and their material and colors are consistent with the character and scale of the buildings to which they are attached or which are located on the same site, and to ensure that signs are visually harmonious with surrounding development;

(8)

To encourage the maintenance, rehabilitation and improvement of existing buildings and structures, and to encourage the conformance of all signs with this title;

(9)

To ensure that access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles.

(Ord. 785 § 3(b) (part), 1994)

In all residential zoning districts, Design Review is prescribed for the following projects:

(1)

Design Review, as prescribed in this chapter, shall be required for projects that include one or more of the following:

(A)

Additions to structures more than fifteen feet in height.

(B)

Additions to structures that are more than two hundred fifty square feet in gross floor area. For R-1-B and R-1-C, additions to structures that are more than five hundred square feet in gross floor area.

(C)

Accessory structures, or additions to accessory structures, which are more than ten feet in height.

(D)

Accessory structures, or additions to accessory structures, which are more than one hundred twenty square feet in gross floor area.

(E)

A fence in the front setback area that is more than four feet in height but not more than six feet in height and meets all requirements of Section 18.24.050.

(F)

A fence in the rear or side setback area that is more than six feet in height but not more than eight feet in height, if required by Section 18.24.050.

(G)

A fence in the front, street side, or rear setback on a double frontage lot built on top of a retaining wall that is set back less than two feet to the retaining wall.

(H)

Swimming pools, swimming pool mechanical equipment, or mechanical equipment screen located less than ten feet from a side or rear property line and that otherwise comply with Subsection 18.08.030(3).

(I)

Decks greater than ten feet in height, measured from finished grade to the top of the deck surface.

(2)

Notwithstanding the above regulations, a project that raises the finished floor of a home above base flood elevation (BFE) in accordance with Chapter 16.10 does not require Design Review if it meets all of the following criteria:

(A)

The overall maximum height is twenty-two feet or less.

(B)

The finished floor of the home is raised no more than three feet above base flood elevation.

(C)

It may include single-story addition(s) of two hundred and fifty square feet or less of gross floor area whose maximum height is not greater than the maximum height of the first story of the home after it is raised.

(D)

Wall treatment: An exposed foundation, if greater than three feet in height above grade, that is visible from the street or sidewalk, shall apply a minimum of one of the following treatments to the entirety of the visible facades of the foundation:

(i)

Include a change in material on the exposed exterior foundation wall with a projection of at least one inch with a water table architectural element or equivalent at the material transition.

(ii)

Apply the exterior finish material to the exposed exterior foundation wall, leaving no greater than eighteen inches of foundation exposed measured from finished grade.

(iii)

Include landscaping adjacent to the exposed exterior foundation wall that screens the facades from public view.

(iv)

Include a landscape planter in front of the exposed exterior foundation wall that is a minimum of eighteen inches in height and a maximum of three feet deep measured perpendicular to the wall.

(v)

Any landscaping installed as required by Subsections (iv) and (v) shall be permanently maintained; fabricated with non-combustible materials; irrigated; planted with Fire-Safe Marin Fire-Smart vegetation or as approved by the Fire Code Official; and without combustible mulch.

(E)

Openings: If the ground floor is raised by more than three feet from the adjacent finished grade (prior to the raising), along the interior side facades within fifteen feet of the shared interior side property line, all new window openings are limited to only clerestory windows (minimum sill height of six and one-half feet above the finished floor height) and all new door openings are limited to only solid or opaque doors.

In all commercial, mixed-use and non-residential zoning districts, Design Review is prescribed for the following projects:

(1)

Design Review is required for any exterior modification of structure or site that includes one or more of the following:

(A)

Additions of new floor area or new structures.

(B)

New or significant replacement or modification of exterior elements, structures, site features or landscaping as determined by the Community Development Director.

In his/her decision making, the Community Development Director shall consider, including but not limited to, the following: the visibility of the modification; the nature of the modification (whether it is required by local, state or federal law; for maintenance purposes; or for life/safety purposes); and the extent of the modification (the number or significance of modifications to a structure or site). The Community Development Director, at his/her sole discretion, may determine that Design Review is or is not required.

(Ord. No. 1038, § 22, 7-16-2024)

Where design review is prescribed for a use or structure, review and approval shall be directed to the following considerations:

(1)

The proposed location of the structure on its site in relation to the location of buildings on adjoining sites, with particular attention to view considerations, privacy, and topographic or other constraints on development imposed by particular site conditions;

(2)

The extent to which the site plan attains the minimum amount of grading and/or removal of trees and vegetation in creating a building site, including access drives and off-street parking areas;

(3)

The size or bulk of the proposed building in relation to the character of existing buildings in the vicinity;

(4)

Details of the proposed site plan, architectural and landscaping treatment, to ensure that, while originality in site planning, architecture, landscaping, and graphic design is not suppressed, inharmonious or monotonous design is avoided. Review shall include exterior design, materials, texture, colors, illuminations, signing, and landscaping, but need not consider elements of the design that are not visible beyond the boundaries of the site;

(5)

Improvements to existing buildings and site features on the same site;

(6)

Details of design required to achieve the purpose of this title;

Design review of single-family homes shall emphasize those aspects of the design that affect surrounding residents or the visual character of the town.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1038, § 22, 7-16-2024)

The planning commission and zoning administrator shall be guided by the recommendations contained in any report or a visual analysis that may have been submitted in connection with a preliminary development plan or a precise development plan in accord with the provisions of Chapter 18.18, Special Purpose Overlay Districts, and by the following criteria:

(1)

Reserved.

(2)

In all areas of the town, the natural landform, including topography and vegetation, should be preserved to the maximum extent possible. Natural, high-quality materials and muted, earth tone colors are recommended. Other materials and colors may be permitted if the applicant demonstrates that they are appropriate to the design or architectural style of the building, harmonious with the site, and compatible with existing developments in the vicinity. Every effort should be made to retain trees with trunk diameters of four inches or more at ground level. Grading should be minimized. All exposed cut and fill slopes are required to be revegetated. Structures and decks should be stepped into the hillside wherever feasible. The width of streets and access drives should be kept to the minimum commensurate with traffic safety. Wherever possible, off-street parking should be located where its appearance is subordinate to the main structure.

(3)

In bay front or water-oriented residential areas, preservation of view corridors to the bay should be attained wherever possible by cluster development or by combining side yards on one side of a building.

(4)

On exposed, grassy hillsides, building designs are encouraged which have the long dimension of the building generally following the natural contours of the site. Clusters of buildings and occasional two-story buildings are encouraged to avoid the monotony of regularly spaced buildings and buildings of uniform height on a visible slope.

(5)

On wooded slopes other than ridgetops, architectural design is encouraged which preserves the natural topography, vegetative cover, and significant landmarks and trees.

(6)

Landscaping should feature native, low-maintenance and low-water-using varieties of trees, shrubs and groundcovers.

(7)

New utilities shall be placed underground.

(8)

For a senior housing development considered for a density bonus, the site should be reviewed for the following: proximity to neighborhood services, i.e., public transit, grocery stores, banks, medical services, pharmacy and other convenience needs, churches, etc.; compatibility of the proposed development with the character of the surrounding neighborhood; the ambient noise level should be appropriate for residential uses; ingress and egress should be safe; the parking area should not exceed a five percent slope, have adequate lighting, curb cuts and ramps; provision of a convenient, covered, passenger loading zone located out of the traffic flow; pedestrian routes should be well-lighted; resting spots, such as benches or low retaining walls, situated near walkways; the units shall be specifically designed to meet handicapped accessibility requirements of state and federal laws.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1038, § 22, 7-16-2024)

The application for design review or sign approval shall be filed with the planning department on the prescribed form, and shall be accompanied by the required fee and all materials listed on the form.

(Ord. 785 § 3(b) (part), 1994)

The zoning administrator may review design review and sign permit applications, in accordance with the procedures prescribed by this chapter.

The planning commission may review applications for master sign programs, freestanding signs and items referred by the zoning administrator that involve a significant policy issue or public controversy.

(Ord. 785 § 3(b) (part), 1994)

The planning commission shall hold a duly noticed public hearing on each application for design review or sign approval which it reviews. The hearing shall be set and notice given as prescribed in Chapter 18.36, Administration.

For all other design review and sign matters, notice shall be given as prescribed in Chapter 18.36, Administration. The notice shall be mailed at least ten days before a decision is reached by the zoning administrator, but no hearing need be held.

(Ord. 785 § 3(b) (part), 1994)

The planning commission or zoning administrator may approve a design review or a sign application as it was applied for or in modified form if, on the basis of the application and the evidence submitted, the planning commission or zoning administrator makes all of the following findings:

(1)

The project conforms with the general plan, any applicable specific, area or community plan, master sign program and all provisions of the zoning ordinance.

(2)

The project will not unnecessarily remove trees and natural vegetation, will preserve natural landforms and, whenever possible, avoid development within fifty vertical feet of ridgelines, does not include excessive or unsightly grading of hillsides, and otherwise will not adversely affect the natural beauty of the town.

(3)

The project will not significantly and adversely affect the views, sunlight or privacy of any nearby residences, will provide adequate buffering between residential and nonresidential uses, and otherwise is in the best interest of the public health, safety and general welfare.

(4)

The structure, site plan and landscaping are in scale and harmonious with existing and future development adjacent to the site, and in the vicinity, and with the landforms and vegetation in the vicinity of the site, and landscaping shall be based on water conservation designs.

(5)

Development materials and techniques will result in durable high-quality structures and landscaping.

(6)

The structures, site plan and landscaping create an internal sense of order, provide a visually pleasing setting for occupants, visitors and the general community, are appropriate to the function of the site, and provide safe and convenient access to the property for pedestrians, cyclists and vehicles.

(7)

To the maximum extent feasible, the project includes the maintenance, rehabilitation and improvement of existing sites, structures and landscaping, and will correct any violations of the zoning ordinance, building code or other municipal codes that exist on the site.

(8)

The design and location of signs are consistent with the character and scale of the buildings to which they are attached or which are located on the same site, the signs are visually harmonious with surrounding development, and there are no illegal signs on the site.

(9)

For multiple dwelling projects, including multiple dwellings proposed as part of a mixed-use project, the project incorporates elements of the architectural and signage design guidelines for multi-family housing, as may be amended, to enhance the project design.

(Ord. 842 § 3, 1999; Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1013, § 8, 12-7-2021)

Notice of the zoning administrator's or planning commission's decision shall be mailed to the applicant and to all those requesting, in writing prior to the decision, to be informed of the decision on the application.

Approval of a design review plan or a proposed sign may be granted for a limited time period, may be granted subject to such conditions as the zoning administrator or planning commission may prescribe, or may be denied.

A design review or sign approval shall become effective upon the expiration of ten days following the zoning administrator's or planning commission's action, unless appeal has been made to the planning commission or town council, or the matter has been called up for review by a member of the planning commission or town council as provided by Chapter 18.34, Appeals.

(Ord. 785 § 3(b) (part), 1994)

A design review or sign approval shall lapse and become null and void one year following the date on which the approval became effective unless, prior to the expiration of one year, a building permit is issued and is active per Building Code requirements on the site which was the subject of the application, a certificate of occupancy is issued for the structure which was the subject of the application, or a sign permit has been issued for the sign which was the subject of the application.

At its option, the zoning administrator or planning commission may grant design approval for a period of time not to exceed three years from its effective date in those cases wherein the anticipated time for site preparation will exceed one year.

Design or sign approval may be renewed for an additional period of one year; provided, that prior to the expiration of one year from the date when the original approval became effective, an application for renewal of the approval is filed with the planning department. The planning director may grant an extension of the site plan or design approval for a period not exceeding one year where no change in conditions or requirements has occurred, but an application involving any change shall be treated as a new application, subject to all provisions of this chapter. (Ord. 785 § 3(b) (part), 1994)

(Ord. No. 910, § 36, 4-21-2009)

A design review or sign approval granted subject to a condition or conditions shall be revoked by the planning commission if the condition or conditions are not complied with; provided, that the planning commission shall hold a duly noticed public hearing on the revocation.

(Ord. 785 § 3(b) (part), 1994)

Violation of a design review or sign approval, or of any required conditions, constitutes a violation of this title.

(Ord. 785 § 3(b) (part), 1994)

Following the denial or revocation of a design review or sign application, no application for the same or substantially the same design review or sign permit shall be filed within one year of the date of denial or revocation of the design review or sign unless the denial or revocation is made without prejudice.

(Ord. 785 § 3(b) (part), 1994)