Napa City Zoning Code
CHAPTER 17
62 DESIGN REVIEW PERMITS
§ 17.62.010 Specific purposes.
Design review implements General Plan policies concerning the environment and design by guiding the location and appearance of development. Key design goals of the city are to integrate the urban environment with the city's natural features; to encourage attractive, well located commercial development and to assure high quality, well designed housing that respects neighborhood character. General Plan design goals are furthered by the adoption of design guidelines. Design review also allows implementation of applicable design guidelines.
(O2003-12)
§ 17.62.020 Authority.
The Community Development Director, Planning Commission or City Council shall approve, conditionally approve or deny applications for design review permits. This authority is identified as follows:
A.
Community Development Director. The Community Development Director shall make determinations on design review applications for administrative design review, as listed under Section 17.62.050(A).
B.
Planning Commission. The Planning Commission shall make determinations on design review applications for physical improvements listed under Section 17.62.050(B).
C.
City Council. The City Council shall make determinations on applications for physical improvements listed under Section 17.62.050(C).
D.
Planning Commission Referrals. When, in the opinion of the Community Development Director, any matter set forth in Section 17.62.050(A) is of a size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the agenda of the Planning Commission for determination in lieu to having it processed by the Community Development Director.
(O2003-12)
§ 17.62.030 Application and general process.
A.
Initial Consultation. Initial consultation may be required for certain projects by design guidelines or through the subdivision ordinance.
B.
Application for Design Review. Applications for design review permits shall be initiated by submitting the following information to the Community Development Department: a completed application form, signed by the property owner or authorized agent, accompanied by the required deposit, and any other information plans or maps prescribed by the Community Development Director.
C.
General. General regulations for the design review permit process, including review time frame, processing fees, environmental review, processing of multiple applications, continuance of hearing, scheduling Council hearing, effect of failure to give notice, the effective date of the permit, approval to run with the land, extensions, amendments, revocation, new application following denial, and expiration are found in Chapter 17.68.
D.
Applicants shall comply in all respects with the requirements of Chapter 15.30, "Green Building Regulations," if the application is for a "covered project" as provided for in Napa Municipal Code 15.30.030.
(O2003-12; O2009 3)
§ 17.62.040 Information and representations provided by applicants.
All plans, drawings, specifications and other information pertaining to a proposed project provided by an applicant in connection with any design review permit, and any and all representations, whether written or oral, made by the applicant either to staff or to any city decision maker, in an application or during any part of the permit review process, shall automatically be deemed a part of such project, and a condition of entitlement by operation of law, if such entitlement is approved or granted.
(O2003-12)
§ 17.62.050 Improvements subject to review.
The following items shall be subject to design review permits, whether or not a building permit is required.
A.
Physical Improvements Subject to Review by Community Development Director.
1.
New single-family homes, and upper story additions on lots of record, unless Planning Commission or City Council review is required for the specific lot as a condition of a prior project approval or in accordance with subsection (B)(3).
2.
Relocation of any house.
3.
Multifamily projects with up to 10 units (including the conversion of single-family homes into multifamily units).
4.
New nonresidential structures, additions and exterior remodels, except for ordinary maintenance and repair using essentially the same materials and colors.
5.
The painting of murals or wall graphics, or the painting of walls of nonresidential buildings with unusual paint colors (such as, but not limited to, purple, pink, gold, black, orange) incompatible with their context. If a proposed mural, wall graphic or color scheme is determined by the Community Development Director to be a sign, it is also subject to Chapter 17.55, Sign Ordinance.
6.
Certain fences and walls over six feet in height, fence "side on" or "back on" treatments, and retaining walls over three feet in height pursuant to Chapter 17.52.
7.
Demolition of properties designated as California Historical Resource Status Code "6L," as approved by resolution of the City Council. "Demolition" means that term as it is defined in Section 15.52.020 of the Napa Municipal Code.
B.
Physical Improvements Subject to Review by the Planning Commission.
1.
Small subdivisions (four or fewer lots).
2.
New single-family homes in small subdivisions approved after adoption of this chapter when home design(s) are submitted with the subdivision.
3.
Multiple story single-family homes and upper story additions on lots of record where the proposed house size is over the size threshold identified in adopted design guidelines. (Exceptions: The Community Development Director will continue to review upper story additions that stay within the existing house volume; and upper story historic home additions approved by the Cultural Heritage Commission.)
4.
Mixed use projects up to 30 units.
5.
Multi-family projects of 11 to 30 units.
6.
Multi-family and mixed use projects with: (a) 11 or more units, and (b) 100% of the units in the project are affordable housing units, with the exception of up to one non-restricted manager's unit.
7.
Any project in subsection A above that also requires a hearing by the Planning Commission.
C.
Physical Improvements Subject to Review by the City Council.
1.
Subdivisions of five or more lots. Home designs shall be submitted with the application for design review of the subdivision, except that: HS Hillside lots may continue to use a two-step review process described in Chapter 17.40.
2.
Multifamily and mixed use projects with 31 or more units.
3.
All Hotels.
4.
Any project in subsections A or B above that also requires a hearing by the City Council.
(O2017-015, 10/3/17; O2017-016, 12/19/17; O2019-001, 1/15/19)
§ 17.62.060 Review criteria.
A.
Consistency with General Plan design policies and specific plan design policies.
B.
Consistency with applicable design guidelines adopted by the City Council.
C.
General Site Design. There should be a harmonious relationship between the structures within the development and between the structures and the site. Proposed structures and related site development improvements (e.g., access, parking, grading, etc.) should be related to existing development in the vicinity. There must be a consistent organization of materials and a balanced relationship of major elements.
D.
General Architecture. The project architecture should be harmoniously integrated in relation to the architecture in the vicinity in terms of colors and materials, scale, and building design. The design should be sensitive to and compatible with historic and architecturally significant buildings in the vicinity, and should enhance important community gateways and waterways.
E.
General Landscape Design. The natural landscape should be preserved in its natural state, insofar as practicable. The landscaping shall be designed as an integral enhancement of the site, sensitive to natural site features.
1.
Water conserving landscape design shall be required consistent with the city's water efficient landscape guidelines.
2.
Landscaped buffer areas may be required near wetlands and other sensitive habitat areas.
F.
Public Art Component. Consistency of any public art proposal submitted in satisfaction of Chapter 15.108 with the general selection criteria for public artworks set forth in Chapter 15.108 and any program guidelines as established under the authority of Chapter 15.108.060.
(O2003-12; O2004 9; O2010 4, 4/6/10)
§ 17.62.070 Conditions of approval, considerations.
In approving a design review permit the Community Development Director, Planning Commission or City Council may apply reasonable conditions to assure furtherance of objectives stated herein. The decision-making authority shall consider the following in making its design review decision:
A.
Satisfactory mitigation of all impacts resulting from the project.
B.
The consistency of the project design with the General Plan and Title 17 of this code.
C.
The consistency of the project design with any applicable design guidelines or water efficient landscape standards adopted by the city.
(O2003-12)
§ 17.62.080 Findings.
The decision-making authority may approve an application for a design review permit if the following findings can be made.
A.
The project design is in accord with the General Plan and any applicable specific plan design policies.
B.
The project design is consistent with applicable design review guidelines adopted by the City Council.
C.
The design review permit is in accord with provisions of this title and will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.
(O2003-12)
§ 17.62.090 Notice and hearing provisions.
A.
Community Development Director Design Review Permit. No notice and hearing are required. However, once the Community Development Director has issued a decision, the applicant, Planning Commission, adjacent property owners listed on the last equalized assessment roll and any person requesting such notice shall be notified in writing of the decision, and of the right to appeal, except for the following design review permits which are minor in nature. For these following permits, the Director shall notify the applicant only:
1.
Ordinary maintenance and repair of nonresidential buildings using different colors or materials judged by the Director to be in character with the nonhistoric building.
2.
Nonresidential exterior remodels/additions not visible from the street, a public way such as a trail, or the Napa River and where the addition is less than 500 square feet in size.
3.
Fence "side on" or "back on" treatments.
B.
Planning Commission or City Council Design Review Permit. The Planning Commission and, when applicable, the City Council shall hold a public hearing on an application for a design review permit. Notice shall be provided in accordance with Chapter 17.68. The decision-making authority shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.
(O2003-12)
§ 17.62.100 Appeals.
Appeals of Community Development Director or Planning Commission decisions on design review permits shall be filed within 10 calendar days of the decision on the permit, or if the 10th day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.70 (Appeals).
(O2003-12; O2004 9)
§ 17.62.110 Construction review.
A.
Consistency Review. Prior to issuance of a building permit for a project, the Community Development Director must find that the building permit plans are consistent with the design review permit.
B.
Landscape Installation. The final landscape plans and irrigation plans shall be fully implemented prior to final building inspection of the project, or, if implementation has not been completed on such date, an extension of time for completion may be granted by the Director if implementation is secured by an agreement and the posting of adequate security.
(O2003-12)