Sections:

Sections:

Under Sections 65100 through 65906 of the Government Code there is created the planning agency of the city consisting of the following:

(a)

City council;

(b)

Planning commission;

(c)

Zoning administrator;

(d)

Planning staff;

(e)

Design review committee.

(Ord. 324 § 2 (part), 1984; Ord. 101 § 1 (part), 1973)

* Editor's Note: Ordinance 214, which amended § 6-101, was itself repealed by Ordinance 317, effective June 13, 1985.

The planning commission shall:

(a)

Exercise the powers and duties prescribed by statute and ordinance and as assigned by the city council;

(b)

Initiate preparation of general plans, specific plans, regulations, programs and legislation to implement the planning and zoning power of the city;

(c)

Be generally responsible for advising the city council of matters relating to planning which, in the opinion of the commission, should be studied;

(d)

Hear and decide each application for land use permit, rezoning, minor subdivision, and site plan and building elevations approval, unless otherwise specified in this title;

(e)

Hear and decide each application for variance and land use permit referred to it by the zoning administrator;

(f)

Be the advisory agency for the purpose of administering the laws and ordinances governing review and approval of subdivisions;

(g)

Act as the board of appeals to hear and decide each appeal from an order, requirement, decision or determination made by the zoning administrator;

(h)

Hear and decide each appeal from an order, requirement, decision or determination made by the planning director in the administration and enforcement of the zoning regulations; and

(i)

Hear and decide each proposal for the revocation of a land use permit or variance.

(Ord. 300 § 2, 1984; Ord. 101 § 1 (part), 1973)

The office of the zoning administrator is established. The planning director is the zoning administrator.

(Ord. 275 § 1, 1982: Ord. 101 § 1 (part), 1973)

The city council shall, by resolution, adopt rules and regulations for the transaction of business by the zoning administrator.

(Ord. 101 § 1 (part), 1973)

(a)

The zoning administrator shall hear and decide each application for variance permit unless he determines that, because of the probable controversial nature of the proposal or because of its significance to the entire city, the planning commission should hear and decide the application.

(b)

The zoning administrator shall have such authority, and shall perform such duties, under such terms, conditions and restrictions, as may be specified elsewhere in this title.

(Ord. 275 § 2, 1982: Ord. 101 § 1 (part), 1973)

There is in the city government a group of employees known as the planning staff. The administrative officer of the planning staff is the planning director. Subject to approval of the city council, the city manager shall determine which city employees comprise the planning staff.

(Ord. 101 § 1 (part), 1973)

The planning director is the chief administrative officer of the planning staff. He shall advise the planning commission and the design review committee, and conduct investigations and make reports and recommendations on matters relating to planning and land use, zoning, subdivisions, minor subdivisions and architectural controls, and shall review such other matters as directed.

(Ord. 214 § 2 (part), 1984; Ord. 101 § 1 (part), 1973)

* Editor's Note: Ordinance 214, which amended § 6-107, was itself repealed by Ordinance 317, effective June 13, 1985.

The planning director shall prescribe the form for each application provided for or required under this title. The planning director may require an applicant to submit such information and supporting data as he considers necessary to the processing of the application.

(Ord. 101 § 1 (part), 1973)

The city council shall, by resolution, fix the fee to be charged for the filing and processing of the application, the preparation of environmental impact statements, and the appeal from the decision of a subordinate agency.

(Ord. 101 § 1 (part), 1973)

Only a qualified applicant may file an application. A qualified applicant is a person who has either (a) a freehold interest in the land which is the subject of the application, (b) a possessory interest in that land which entitles him to exclusive possession, or (c) a contractual interest which is specifically enforceable and thereby may become a freehold or exclusive possessory interest. The planning director may require an applicant to submit proof of his interest. "Applicant" includes an authorized agent. The planning director may require an agent to submit evidence of his authority to act.

(Ord. 101 § 1 (part), 1973)

The planning director shall endorse on it the date the application is received. He shall review each application. If he finds that it is complete, he shall accept it for filing. When a public hearing is required, the planning director shall fix the time for the holding of a public hearing and give the notice required by law.

(Ord. 101 § 1 (part), 1973)

The planning director shall give the notice of public hearing required by law. The form of the notice shall contain:

(a)

The time and place of the hearing;

(b)

A general explanation of the matter to be considered, including a general description of the area affected; and

(c)

Other information the planning director considers necessary or desirable.

(Ord. 101 § 1 (part), 1973)

The notice requirement is as follows:

(a)

For a public hearing on an application for rezoning, adoption of land use regulation authorized under Government Code Section 65850, approval of tentative subdivision map, approval of minor subdivision map, land use permit, or site plan and building elevations approval:

(1)

Publication of a notice once at least ten calendar days before the hearing in a newspaper of general circulation published and circulated in the city;

(2)

Posting at least ten calendar days before the hearing in at least three conspicuous places at a distance of not less than 100 feet apart and in close proximity to the exterior boundaries of the subject property; and

(3)

Mailing notice postage prepaid and at least ten calendar days before the hearing to owners of property which is contiguous to the subject property, and to the owners of other property which, in the opinion of the planning director, is directly affected by the proposal. Failure of any property owner to receive notice shall not invalidate the proceedings. The planning director may use names and addresses either (A) from the last equalized assessment roll, (B) from other records of the assessor or tax collector as contain more recent addresses, or (C) as known to him as being more recent or current.

(b)

For a public hearing on an application for a variance permit, the notice is by posting and mailing as required under subparagraphs (2) and (3) of subsection (a) of this section. Publication is not required.

(Ord. 101 § 1 (part), 1973)

The city council shall adopt rules governing the conduct of public hearings by the zoning administrator, the planning commission and the city council. Each may supplement the rules prescribed by the city council by adopting such additional rules as it determines necessary or convenient. The public hearing shall be conducted in accordance with the rules governing the conduct of hearings by the zoning administrator, the planning commission or the city council, as the case may be. Each person interested in the matter shall be given an opportunity to be heard. In each case the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal.

(Ord. 101 § 1 (part), 1973)

Before making its recommendation on the application for (1) change of land use district applicable to the subject property or (2) change in the text of land use regulations, the planning commission shall determine whether or not:

(a)

The change proposed is consistent with the general plan and each element of it;

(b)

In the case of a general land use regulation, the proposed change is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed; and with the regulations for other land use districts; and

(c)

Community need is demonstrated for the change proposed.

(Ord. 101 § 1 (part), 1973)

(a)

A variance is a modification of the requirements of zoning regulations as to lot area, lot coverage, width, depth, side yard, rear yard, setback, parking requirements, height of building, or other regulation affecting the size, shape or design of a lot or the placement of buildings on it. A variance may only be granted when:

(1)

Because of special circumstances concerning the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and in the same land use district;

(2)

The variance will not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same land use district; and

(3)

The variance substantially complies with the intent and purpose of the land use district in which the property is classified.

(b)

The granting authority must make specific findings that each of the standards described in subsection (a) of this section is met before it may grant the variance.

(Ord. 101 § 1 (part), 1973)

(a)

A land use permit is an authorization for a use consistent with other permitted uses in the applicable zoning district. It may be granted only after a public hearing and determination that the particular use sought is appropriate to the specific location. A land use permit may be granted only when the proposed land use:

(1)

Is not detrimental to the health, safety and general welfare of the city;

(2)

Will not adversely affect the orderly development of property within the city;

(3)

Will not adversely affect the preservation of property values and the protection of the tax base within the city;

(4)

Is consistent with the general plan and each element of it and will not adversely affect the policies and goals set forth in the general plan;

(5)

Will not create a nuisance or enforcement problem within the neighborhood;

(6)

Will not encourage marginal development within the neighborhood; and

(7)

Is consistent with the purpose section of the zoning district in which it is located.

(b)

The granting authority must make specific findings that each of these standards is met before it may grant the land use permit.

(Ord. 359 § 1 (C), 1987: Ord. 101 § 1 (part), 1973)

The findings necessary for approval of the tentative map for a subdivision or a minor subdivision map are the same as set forth in Section 6-215 for granting a land use permit. In addition, a tentative subdivision map and a minor subdivision map shall be denied approval if the approving authority makes any finding set forth in Business and Professions Code Section 11549.5.

(Ord. 101 § 1 (part), 1973)

The zoning administrator or the planning commission acting on the original application, and the planning commission or the city council acting on an appeal, may impose such reasonable conditions to (a) the approval of a tentative subdivision map, minor subdivision map or site plan and building elevations, or (b) the grant of a land use permit or variance, as it considers necessary to carry out the purpose and intent of this title and comply with the general plan and each of its elements. The conditions which may be imposed include but are not limited to dedication of right-of-way, construction of public facilities and other improvements, detailed plan approval, architectural standards, access controls, time limitation, phasing of improvements, planting and screening.

(Ord. 101 § 1 (part), 1973)

The city council may, pursuant to a written and recorded agreement between the city and all owners of record of the property, impose reasonable conditions to the land use reclassification of property, where it finds that the conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city.

(Ord. 101 § 1 (part), 1973)

(a)

Form. After hearing the evidence and considering the application, the granting authority shall make its findings and have them entered in the administrative record. The findings shall be in writing.

(b)

Time. The granting authority shall, unless the applicant agrees to a continuance beyond this limit, hear the matter and close the hearing within a reasonable time after the date the application is deemed complete; and shall make its findings and render its decision within 30 days after the close of the public hearing.

(c)

Notice of Decision. The planning director shall have a notice of the decision mailed to the applicant at the address given in the application and to each other person who requests it in writing, unless the applicant or other person agrees to a different method of delivery.

(d)

Acceptance is Applicant's Agreement. The applicant's acceptance of the decision is the applicant's agreement to comply with the decision and its terms and conditions.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a)

A decision by the granting authority is not final until the time for appeal expires. The times for appeal are as follows:

(1)

In the case of an appeal from the planning commission recommendation against changing property from one land use classification to another, within five calendar days after the planning commission files its recommendation with the city council (Government Code Section 65856). The planning commission shall be deemed to have filed its recommendation with the city council upon adoption;

(2)

In the case of an appeal from any other action of the planning commission, design review commission or the action of the zoning administrator, within 14 calendar days after the date of the decision.

(b)

The time for appeal may not be extended.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

If the granting authority denies an application "without prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in Section 6-238.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a)

A member of the city council, in his or her official capacity, may appeal a decision of the zoning administrator, the design review commission or the planning commission whenever the councilmember believes that a decision on an application is of such importance that it should be reviewed by a higher reviewing body. No inference of bias based on such an appeal shall be made.

(b)

The review of a decision of the zoning administrator or of the design review commission is to the planning commission and shall be conducted in a manner set forth in Section 6-229(e) and (f). The review of a decision of the planning commission is to the city council.

(c)

The appeal shall be submitted in writing and filed with the city manager within the time provided by Section 6-226. The appeal shall state that the purpose is solely to review the matter before the higher reviewing body. The appeal is exempt from payment of a filing fee.

(d)

The city manager shall set the matter for public hearing at a regularly scheduled meeting of the reviewing body not later than 60 days after the appeal is filed. The city manager or designee shall give notice of the appeal hearing in the time and manner set forth in Sections 6-210 and 6-211.

(e)

The councilmember appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations, nor from voting as a member of the city council.

(f)

De Novo Hearing. The city council shall hear the appeal as it would an original application in the first instance and is not limited to consideration of the issues raised at previous hearings from which the appeal is taken. The director shall prepare a report on the matter, including all the application materials in question. The applicant has the burden of proof. The city council may act upon the application, either granting it, conditionally granting it or denying it. In addition to considering the testimony and evidence presented at the hearing, the city council shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

(g)

Decision. The city council may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination that is the subject of the appeal. In the event of a tie vote by the city council on the appeal, the decision of the prior reviewing body shall stand.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a)

A planning commissioner, in his or her official capacity, may appeal a decision of the zoning administrator or design review commission whenever the planning commissioner believes that a decision on an application is of such importance that it should be reviewed by the planning commission. No inference of bias shall be presumed due to an appeal being made.

(b)

The appeal shall be submitted in writing and filed with the planning director within the time provided by Section 6-226. The appeal shall state that the purpose is solely to review the matter before the higher reviewing body. The appeal is exempt from the payment of a filing fee.

(c)

The planning director shall set the matter for hearing before the planning commission and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 6-210 and 6-211.

(d)

The commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations, nor from voting as a member of the planning commission.

(e)

De Novo Hearing. The planning commission shall hear the appeal as it would an original application in the first instance and is not limited to consideration of the issues raised at the zoning administrator or design review commission hearing. The director shall prepare a report on the matter, including all of the application materials in question. The applicant has the burden of proof. The planning commission may act upon the application, either granting it, conditionally granting it or denying it. In addition to considering the testimony and evidence presented at the hearing, the planning commission shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

(f)

Decision. The planning commission may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination that is the subject of the appeal. In the event of a tie vote by the planning commission on the appeal, the decision of the zoning administrator or design review commission shall stand.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

The notice of appeal shall be filed with the designated city official. It shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The planning director shall provide the form of notice of appeal.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

The applicant or any other person who is dissatisfied with a decision of the zoning administrator, of a member of the city staff pursuant to Section 6-234, or of the planning commission may file an appeal in accordance with the provisions of this article, accompanied by the required fee. In addition, an applicant may appeal the failure of the granting authority to act within the time limits prescribed in Section 6-225.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a)

Notice of Appeal. A person desiring to appeal the decision of the zoning administrator shall file a notice of appeal with the planning director within the time required by Section 6-226.

(b)

Action on Appeal. The planning director shall set the matter for hearing before the planning commission and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 6-210 and 6-211.

(c)

De Novo Hearing. The planning commission shall hear the appeal as it would an original application in the first instance. The commission may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise details of the appeal. The applicant has the burden of proof.

(d)

Decision on Appeal. The planning commission may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination appealed from. The decision of the planning commission on appeal may be appealed to the city council and the procedure is the same as in the case of an appeal from a decision of the planning commission (Section 6-233).

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a)

Notice of Appeal. A person desiring to appeal a decision of the planning commission shall file a notice of appeal with the city manager within the time required by Section 6-226.

(b)

Action on Appeal. The city manager shall set the appeal for public hearing at a regularly scheduled city council meeting not later than 60 days after the appeal is filed. The city manager shall give notice of the hearing on appeal in the time and manner set forth in Sections 6-210 and 6-211.

(c)

De Novo Hearing. The city council shall hear the appeal as a new matter. The original applicant has the burden of proof. The city council may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise details of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the city council shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

(d)

Decision on Appeal. The city council may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination appealed from.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a)

An aggrieved person may appeal a decision, requirement or determination made by a member of the city staff in the administration of the land use regulations in Part 2 of this title not otherwise provided for in this Part 1. The city manager shall hear the appeal in the first instance. The appeal shall be in writing, filed with the planning director, and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within 30 days of the action appealed from.

(b)

Upon receiving the notice of appeal, the city manager shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least ten days before the hearing. The hearing shall be held within 30 days of the date the notice of appeal is filed. The parties may extend this time by agreement.

(c)

The decision of the city manager is final ten days after notice is given the appellant of the ruling on the appeal, unless an appeal is taken from the decision of the city manager. Such an appeal is to the city council, shall be in writing, shall set forth the decision appealed from and the grounds for the appeal, and shall be filed with the city manager within ten days after the appellant received notice of the city manager's decision.

(d)

Upon receiving the appeal from his or her decision the city manager shall schedule the appeal for consideration of the city council within 30 days and shall give the appellant ten days' notice of the time and place of the council meeting. After the appellant has been heard by the city council, the council shall decide the matter. The decision of the city council is final.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

If the city council decision on the appeal requires that it adopt an ordinance, the city council shall adopt the ordinance within 45 days after it closes the public hearing. In all other cases, the city council decision on appeal shall be by resolution. The city council shall adopt the resolution within 30 days after it closes the public hearing. Within five days after adoption, the city manager shall have a copy of the resolution or ordinance, as the case may be, furnished to the applicant, appellant (if applicable), the planning director and any other parties to the proceedings. The decision of the city council is final.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

A person shall not seek judicial review of a city decision on a permit or other matter under this title until all appeals, if applicable, have been first exhausted in compliance with this article.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a)

The zoning administrator or the planning commission, as the case may be, may reconsider its decision upon request from an interested party to do so if it determines that new or different facts that could not have been presented previously warrant the reconsideration.

(b)

The request for reconsideration shall be filed in writing within the time allowed to appeal, setting forth the factual or legal matters which were not considered. The zoning administrator or the planning commission shall act upon the request at the next meeting. If the request is denied, the time to appeal is extended only the number of days required to hear and decide the request. If the request is granted, each person recording his appearance at the initial hearing is entitled to mailed notice of the time of the new hearing.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

When the city denies an application for rezoning, land use permit, variance, subdivision, minor subdivision or site plan and building elevations approval and the denial becomes final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final, except as provided in Section 6-227 for denial "without prejudice."

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a)

A permit which is not used within the time specified in the permit, or, if no time is specified, within one year after the permit is granted, is void. Upon a showing of good cause, the planning director may extend the period to exercise the permit for up to one additional year.

(b)

A permit is void three months after the use for which it is issued is discontinued. Upon a showing of good cause, the planning director may grant an extension for up to six additional months.

(Ord. 101 § 1 (part), 1973)

The planning commission may revoke a permit on any of the following grounds:

(a)

Violation of a zoning regulation of the city;

(b)

Violation of a term, limitation or condition of the permit after notice of the violation;

(c)

Causing or allowing a nuisance in connection with the premises after notice to abate; or

(d)

Conviction of a violation of federal or state law or city ordinance in connection with the operation of the permitted use.

(Ord. 101 § 1 (part), 1973)

(a)

If the planning commission finds that there is probable cause for revoking a permit, the planning commission shall direct the planning director to give notice of a hearing to the permittee and the public in the same manner as prescribed for the original application.

(b)

The public hearing shall be conducted in the same manner as the original application, except that the city has the burden of proving the charges. If the planning commission finds that grounds for revocation exist, it shall revoke the permit.

(c)

An order revoking or failing to revoke a permit may be appealed to the city council in accordance with the provisions of this chapter relating to appeals on original applications.

(Ord. 101 § 1 (part), 1973)

(a)

The city council finds that:

(1)

The appearance of open space, buildings and structures has a material and substantial relationship to property values and the taxable value of property in the city and to the health, safety and general welfare of the city;

(2)

Neighborhoods can and will deteriorate because of poor planning, neglect of property design standards and the existence of buildings and structures unsuitable to and incompatible with the character of the neighborhood and the community. This has resulted in poor design, the lowering of property values, the discouraging of maintenance and improvement of surrounding properties, and has impaired the public health, safety and welfare;

(3)

It is the policy of the city to prevent deterioration and to preserve and enhance the property values, the visual character of the community and the public health, safety and welfare of its citizens;

(4)

The quality of life and stable property values are enhanced by good quality design; and

(5)

This article is adopted under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code Section 65000 et seq.

(b)

The purpose of this article is to:

(1)

Improve the general standards of orderly development of the city through design review of individual buildings and structures and their environs;

(2)

Establish standards and policies that will promote and enhance good design, site relationships and other aesthetic considerations in the city;

(3)

Provide for the review of the design of proposed projects for which design review is required; and

(4)

Accelerate and streamline the design review process in the city and provide a mechanism for design review at the early stages of a project, with the goal that every application be successful, and consistent with city standards.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a)

"Design review" means review of the aesthetic elements of a project including site and building design.

(b)

"Gross floor area" under this article, means the total horizontal area in square feet of each floor of all structures with at least three walls and a roof on a parcel, including habitable and non-habitable areas, as measured at the exterior face of the enclosing walls.

(c)

"Minor" under this article, means a small-scale change or addition of minor impact, as determined by the zoning administrator.

(d)

"Project" under this article, means new construction, additions, or alterations to the gross floor area or building height.

(e)

"Zoning administrator," means the planning director or their designated representative.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a)

This article applies to:

(1)

Multi-Family: Projects or any change that alters the physical appearance of any building or site which occurs within the multiple-family residential zoning districts;

(2)

Downtown: Projects or any change that alters the physical appearance of any building or site and its relationship to the street which occurs within the downtown commercial zoning districts;

(3)

Exceeding 6,000 Square Feet: Projects which occur within the single-family residential zoning districts and exceeds 6,000 square feet in gross floor area;

(4)

Exceeding 17 Feet: Projects which occur within the single-family residential zoning districts and exceed 17 feet in height;

(5)

Condition of Approval: Projects for which design review is required as a condition of approval; and

(6)

Change of Conditions: Projects that seek a change to the approved building or site design pursuant to the design review permit.

(b)

A person proposing a project or construction for which design review is required shall comply with the requirements of this article. If design review is required, no permit may be issued or city approval granted unless the applicant has complied with this article.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

An application for which design review is required by this article shall be accompanied by copies (in a quantity specified by the planning director) of site plans, diagrams, photographs, materials or other presentation material as may be necessary for complete review and consideration of the proposed plan. The application shall include information set forth in a policy adopted by the design review commission and additional information which may be reasonably required by the zoning administrator.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

The hearing authority shall consider the following aspects of a design review plan, to the extent they are applicable:

(a)

Height, mass, lot coverage, setback and relationship of structures;

(b)

Site plan, including orientation and location of structures to one another and to open spaces and topography; definition of vehicular and pedestrian areas;

(c)

Design of special features such as walls, screens, fences, street furniture, signs, lighting; concealment and sound protection of equipment (mechanical, electrical, solar energy), utilities and other exterior appurtenances;

(d)

Continuity of design in the composition of structures and the use of materials and colors;

(e)

Design relationship of the proposed plan to neighboring properties and structures;

(f)

Landscaping plan, including the preservation of existing trees, the size and hardiness of trees and plants, the plans for irrigation and maintenance, and the degree to which landscaping complements the structure(s) and terrain; all in accordance with the guidelines in "Trees for Lafayette";

(g)

Drainage systems;

(h)

Use of passive or active solar energy;

(i)

Adequacy of traffic circulation and parking.

(Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a)

Residential Design Review Findings. In granting approval for single-family projects, duplex projects, and multi-family projects that do not comply with the applicable development and design standards, which occur in single-family and multiple-family residential zoning districts as outlined in Section[s] 6-272(a)(1) and (3)—(6), the hearing authority shall make all the following findings:

(1)

The approval of the plan is in the best interest of the public health, safety and general welfare;

(2)

General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development;

(3)

General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements have been incorporated in order to ensure the compatibility of this development with its design concept and the character of adjacent buildings; and

(4)

General landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas and similar elements have been considered to ensure visual relief, to complement buildings and structures and to provide an attractive environment for the enjoyment of the public.

(b)

Single-Family Residential Findings—Exceeding 6,000 Square Feet. In addition to the findings required in Section 6-275(a), the hearing authority shall make the following findings for projects which occur in single-family residential zoning districts and exceeds 6,000 square feet in gross floor area as outlined in Section 6-272(a)(3):

(1)

The house substantially complies with the residential design guidelines;

(2)

The house is so designed that its mass will not appear significantly out of scale with the existing neighborhood;

(3)

The house does not, because of its size, unduly impact, restrict or block significant views; and

(4)

The house does not, because of its size, require removal of natural features, require excessive grading or cause the unnecessary removal of a healthy tree(s).

(c)

Single-Family Residential Findings—Exceeding 17 Feet in Height. In addition to the findings required in Section 6-275(a), the hearing authority shall make the following findings for projects which occur in single-family residential zoning districts and exceeds 17 feet in height as outlined in Section 6-272(a)(4):

(1)

The structure substantially complies with the residential design guidelines;

(2)

The structure is so designed that it will appear compatible with the scale and style of the existing neighborhood and will not significantly detract from the established character of the neighborhood;

(3)

The structure is so designed that it does not appear too tall or massive in relation to surrounding structures or topography when viewed from off-site; and

(4)

The structure is so designed that it does not unreasonably reduce the privacy or views of adjacent properties.

(d)

Multi-Family Residential Findings. In granting approval for any multi-family project as outlined in Section 6-272(a)(1), the hearing authority shall find that the project substantially complies with all applicable objective development and design standards.

(e)

Downtown Design Review Findings. The hearing authority shall make the following findings for non-residential projects and multi-family and residential mixed-use projects that do not comply with the applicable development and design standards, which occur within the downtown commercial zoning districts as outlined in Section 6-272(a)(2):

(1)

The project substantially complies with the downtown design guidelines.

(2)

The site design, including building placement, parking and circulation, landscape, and outdoor space, enhances the pedestrian experience, embraces and preserves creeks and natural features, promotes connections, creates visual interest, and relates to the character of the surrounding development.

(3)

The building design, including height and scale, architectural details, and amenities, provides diversity in building form, preserves views of surrounding hillsides and ridges as seen from Mt. Diablo Boulevard, creates an inviting environment for pedestrians, and relates to the character of the surrounding development.

(4)

The project promotes a character relating to Lafayette that is informal with variations in architectural styles, massing, setbacks, and upper story step-backs.

(5)

The project, when adjacent to existing residential dwelling units, is designed to minimize impacts, including noise, privacy, light and glare.

(f)

Height Exception Findings. In addition to the findings required in Section 6-275(e), the city council shall make the following findings to grant a building height exception to allow up to 45 feet in height for rare and exceptional projects which occur within the RB, SRB, C, and C-1 districts, excluding the Brown Avenue and the Plaza Way character areas. There is no exception to the three-story limit. The city council will scrutinize the justifications on a project and site specific basis, considering the unique characteristics surrounding the project. Granting a height exception shall not be considered precedent setting.

(1)

Site opportunities or project necessity:

(A)

The site has unique circumstances, such as topography, setbacks, or backdrops, that mitigate the apparent height when viewed from Mt. Diablo Boulevard without compromising the site's natural features; or

(B)

The project is rare and exceptional, designed to mitigate the apparent height, and requires a height exception based on compelling reasons, other than solely economics, as to why the project cannot comply with the 35-foot height requirement; and

(2)

The project provides significant public benefits and amenities over and above nexus-based city requirements.

(g)

Design Review Denial. The hearing authority shall deny a project for design review if it cannot make all of the required findings.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a)

Zoning Administrator.

(1)

The zoning administrator shall review projects for design review if it finds that the projects are minor.

(2)

The zoning administrator may refer a matter at its discretion to the design review commission.

(3)

A decision of the zoning administrator is final unless appealed under Section 6-280.

(b)

Design Review Commission.

(1)

The design review commission shall review projects for design review which are not minor.

(2)

The design review commission may refer a matter at its discretion to the planning commission.

(3)

A decision of the design review commission is final unless appealed under Section 6-280.

(4)

The design review commission may conduct study sessions for preliminary designs at the request of the applicant or as required by the zoning administrator. When such a session is held, the commission's role is to provide preliminary direction to the applicant and no action is taken.

(5)

When an application is otherwise before the design review commission, the commission shall also review variances pursuant to the procedures and findings conforming to Section 6-214, specific findings necessary for variance, except for downtown projects in which the planning commission is the final hearing authority.

(c)

Planning Commission.

(1)

The planning commission shall review new buildings within the downtown commercial zoning districts and projects referred to them by the zoning administrator or the design review commission.

(2)

The planning commission shall review, and forward a recommendation to the city council, projects which requires a height exception and are within the downtown commercial zoning districts.

(3)

The planning commission may refer a matter at its discretion to the city council.

(4)

A decision of the planning commission is final unless appealed under Section 6-233.

(d)

City Council.

(1)

The city council shall review projects which require a height exception and are within the downtown commercial zoning districts. The city council shall scrutinize the justifications on a project and site specific basis, considering the unique characteristics surrounding the proposal. Granting a height exception shall not be considered precedent setting.

(2)

A decision of the city council is final.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

Whenever an application is scheduled for review by the design review commission or planning commission, the zoning administrator shall send written notice at least ten days in advance to the applicant and to any person who has filed a written request for notice in conformance with Section 6-211 and shall post at least three notices near the property which is the subject of the application.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

The hearing authority making a final decision shall make findings and render its decision, and shall provide a written copy of the findings and decision to the applicant within ten days.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a)

The hearing authority may impose conditions to the granting of design review approval if it finds that the proposed project or structure does not otherwise meet the applicable design review standards.

(b)

In addition to any other conditions which may reasonably be imposed, the zoning administrator may require that a boundary survey by a licensed surveyor or engineer which confirms the substantial accuracy of the boundaries shown in the application shall be filed with the zoning administrator before construction.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

(a)

Any person may appeal a decision made under this chapter. A decision by the zoning administrator is appealable to the design review commission. A decision of the design review commission is appealable to the planning commission. A decision of the planning commission is appealable to the city council. The procedures and time limits set forth in Article 3 of this chapter (Decisions and Appeal) apply.

(b)

Unless an application is denied without prejudice under Section 6-227 or is reconsidered under Section 6-237, no new application for design review substantially in the form of the application which was denied may be made within six months after the date of final denial.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)

The planning commission may adopt additional policies and procedures to implement this article.

(Ord. No. 629, 9-8-2014; Ord. No. 696, § 3(Exh. A), 1-13-2025)