The provisions of this chapter shall be known as “Design Review Regulations.”

(Prior Code, § 17.12.010) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1-2023)

   (B)    The purpose of this procedure is to foster a good design character through consideration of objective design standards for aesthetic and functional relationships to surrounding development and in order to further enhance the town’s appearance and the livability and usefulness of properties.

   (C)   These review procedures are intended to ensure that new development supports the General Plan and more specifically to:

      (1)   Promote high quality, pedestrian-friendly, and sustainable design;

      (2)   Ensure that new development and uses will be compatible with the existing and potential development of the surrounding area; and

      (3)   Supplement other town regulations and standards in order to ensure control of aspects of exterior design that are not otherwise addressed and have a bearing on land use compatibility and neighborhood fit.

(Prior Code, § 17.12.020) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1-2023)v

   (B)    New construction in Central Commercial, Limited Commercial, Highway Commercial, Service Commercial, Multiple Residential, Planned Development District, Single Family-Residential Master Plan zones, Workforce Housing Overlay zones (if adopted), duplexes in RD 5.5-7 zones and structures in the Ridgeline Scenic Corridor, as required in Chapter 17.060, and residences which have a distance of more than ten feet from the ground to the lowest point of complete enclosure.

   (C)   Changes in the exterior color of a nonresidential structure or the alteration of a significant design element which is a part of the design of the building in Limited Commercial CL, Highway Commercial CH, Central Commercial CC, Service Commercial CS, Commercial Recreation CR, Planned Development District PDD, Workforce Housing Overlays WHO-A and WHO-B (if adopted), Multiple Family Residential RM and Multiple Family Residential Senior-Residential RM-S Zones and for which an objective design standard has been established. A significant design element alteration is anything that changes the shape, line,, pattern, or texture of the exterior of a building, including, but not limited to, changes in any exterior building materials, roofline, window or door shape, size or location, and changes to awnings, excluding ordinary maintenance and repair.

(Prior Code, § 17.12.030) (Ord. 352, passed - -1973; Am. Ord. 476, passed - -1980; Am. Ord. 482, passed - -1981; Am. Ord. 500, passed - -1982; Am. Ord. 515, passed - -1983; Am. Ord. 688, passed 3-6-2002; Am. Ord. 764, passed 2-1-2012; Am. Ord. 854, passed 7-7-2021; Am. Ord. 885, passed 11-1-2023)

   The following criteria shall be applied in considering an application for design review approval.

   (A)   Only elements of design which have significant relationship to exterior appearance of structures and facilities shall be considered; these elements include only height, building mass, building setbacks and arrangement on the site, exterior building material, signs, landscaping, pedestrian access, and appurtenances for which objective design standards have been established in this title.

   (B)   The proposed development shall conform with all objective zoning standards for landscaping, screening, usable open space, and the design of parking and off-street loading areas set forth in this title.

   (C)   Where the proposed development is located in an area where a neighborhood plan or precise plan has been adopted by the town, the design of the development shall conform in all significant respects with the standards and design criteria in these plans.

   (D)   Conformance to standards for the size and design of the structure shall be considered for the purpose of determining that the structure is in proportion to its building site and that it has a balance and unity among its external features so as to present a harmonious appearance.

   (E)   The extent to which the structure conforms to the standards governing the general physical character of other structures in the vicinity, including their height, building mass, and relationship to the street and adjacent structures.

   (F)   For nonresidential development projects, the extent to which ornamentation is to be used and the extent to which temporary and second-hand materials, or materials which are imitative of other materials, are to be used.

   (G)   The extent to which natural features, including trees, shrubs, creeks and rocks and the natural grade of the site are to be retained based on the standards for protecting these features established in this title.

   (H)   Conformance to the standards for accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets.

   (I)   Conformance to the standards for reservation of landscaping areas for the purpose of separating or screening service and storage areas from the street and adjoining building sites, breaking up large expanses of paved areas, separating or screening parking lots from the street and adjoining building sites and separating building areas from paved areas to provide access from buildings to open space areas.

   (J)   In the case of any commercial or industrial structure or mixed-use development, the Planning Commission shall consider its proximity to any residential district, conformance to standards for buffering and reduced height in transitional areas adjacent to this district and standards intended to mitigate the effect of the proposed structure, including building mass and window location, upon the privacy and sunlight access provided to the adjacent residential district area.

   (K)   The Planning Commission and Town Council may adopt supplemental design standards and guidelines in order to further the objectives of this section and to illustrate design criteria.

   (L)   The Planning Director shall create checklists for use for design review for projects that qualify for streamlined ministerial review under state law and Chapter 17.026, Ministerial Approvals for Qualifying Housing Developments, to determine compliance with objective development standards.

(Prior Code, § 17.12.040) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1-2023)

   (A)   Application for consideration shall be made at a meeting of the Planning Commission by the owner of the affected property, or his or her authorized agent, on a form prescribed by the Planning Commission, and shall be filed with the Planning Department no later than 30 days prior to the next Planning Commission meeting.

   (B)   The application shall be accompanied by the information as may be required to allow applicable design review criteria and objective design standards to be applied to the proposed action. This information may include site and building plans, drawings and elevations, landscaping plans and operational data.

(Prior Code, § 17.12.050) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1-2023)

   (A)   Applicants are encouraged to submit preliminary plans prior to filing an application for approval so that preliminary agreement between the Planning Commission and the applicant may be achieved based on compliance with the town's objective zoning standards and objective design standards, unless an exception or waiver has been granted under Chapter 17.040, Exceptions, Modifications, and Waivers.

   (B)   Approval by the Planning Commission shall be certified to the appropriate town officials prior to the issuance of a building permit, or business license if necessary, as the case may be.

(Prior Code, § 17.12.060) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1-2023)

   At the time of filing, the applicant shall pay a filing fee set in accordance with a schedule set by resolution of the Town Council.

(Prior Code, § 17.12.070) (Ord. 352, passed - -1973; Am. Ord. 443, passed - -1978; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1- 2023)

   (A)   An application for design review shall be considered by the Planning Commission, which shall determine whether the proposed design conforms to the design review criteria set forth in § 17.020.040 and to any other applicable specific design review criteria.

   (B)   The Planning Commission may approve or disapprove the design or require the changes as are, in its judgment, necessary to accomplish the general purposes of this title and ensure conformance with the objective zoning standards and objective design standards that apply to the type of development proposed and to the zone where the project will be built.

   (C)   The determination of the Planning Commission shall become effective ten days after the date of decision unless appealed to the Town Council.

   (D)   Any project requiring both design review and other permits or entitlements from the Town of Fairfax shall be considered by the Planning Commission at the same time it considers the other permits or entitlements.

(Prior Code, § 17.12.080) (Ord. 352, passed - -1973; Am. Ord. 693, passed 7-16-2002; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1- 2023)

   (A)   A decision shall be rendered by the Planning Commission within six months after the application is deemed complete, unless a shorter time period is established in state law for a specific type of permit application.

   (B)   This time limit may be extended by agreement between the Planning Commission and the applicant.

   (C)   If no agreement is in effect and a decision is not rendered within six months after the application is deemed complete, the application shall be deemed approved.

(Prior Code, § 17.12.090) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1-2023)

   (A)    Applications for design review shall not be acted upon until a public hearing thereon is held, except for design review of sign permit exception applications and projects that qualify for streamlined ministerial review and for which no public hearing can be held, as required by Cal. Gov't Code § 65913.4 (“State Streamlined Ministerial Approval Process”). Notice of the time and place of the public hearing, together with a brief statement of the nature of the application, shall be given in the same manner as provided in § 17.004.070.

   (B)   Additional notice of the public hearing may be given to owners and renters of other property within 500 feet of applicant’s parcel when, in the opinion of the Planning Commission, the properties would be affected by the proceedings so noticed. The subject property shall be posted by the applicant in a manner described in the Town of Fairfax submittal packet at least ten days prior to the public hearing.

   (C)   Any error, irregularity, informality or omission as to noticing shall not void or invalidate the proceedings, considerations or disposition of a design review application, except as may be otherwise provided under Cal. Gov’t Code § 65010.

(Prior Code, § 17.12.100) (Ord. 352, passed - -1973; Am. Ord. 500, passed - -1982; Am. Ord. 628, passed - -1994; Am. Ord. 716, passed 9-6-2006; Am. Ord. 674, passed 2-1-2012; Am. Ord. 885, passed 11-1-2023)

   (A)   Within ten days following the date of a decision, an appeal from the decision may be filed with the Town Clerk. Decisions shall be appealed to the Town Council.

   (B)   Appeal shall be made on a form prescribed by the Town Clerk.

   (C)   The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Commission, or wherein the decision is not supported by the evidence in the record.

   (D)   In considering the appeal, the Town Council shall determine whether the proposed design conforms to the applicable design review criteria and may approve or disapprove the proposed design or require the changes therein or impose reasonable conditions of approval as are, in its reasonable judgment, necessary to ensure conformity to the criteria.

   (E)   The decision of the Town Council shall be final.

(Prior Code, § 17.12.110) (Ord. 352, passed - -1973; Am. Ord. 693, passed 7-16-2002; Am. Ord. 764, passed 2-1-2012)

   In any zone, or in any instance, in which design review is required, no building permit or business license, if necessary, shall be issued unless approval of the proposed development has been granted pursuant to this procedure.

(Prior Code, § 17.12.130) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)

   Notwithstanding any other provision of this chapter, any design review permit shall comply with § 17.040.110 (“Permit Time Limits and Extensions”) of Chapter 17.040 (“General Zone Regulations”).

(Ord. 837, passed 10-2-2019)