The purposes of this subchapter are as follows:

   (A)   To ensure the implementation of urban design policies and principles consistent with the city's General Plan;

   (B) To maintain and protect property values and financial investments;

   (C)   To ensure the development of safe and adequate circulation and parking;

   (D)   To promote the highest quality of architectural design for the public benefit and the improvement of the city's community environment; and

   (E)   To, within the dictates of the Zoning Code, balance the rights of adjoining property owners regarding privacy, noise, light and air.

   (F)   To ensure fair, equitable and consistent application of design standards in a timely manner.

('65 Code, § 9-3.2501) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 512-C.S., passed 3-20-01)

   (A)   The Design Review Commission shall consist of five members appointed by the City Council on the basis of their qualifications. The members shall include qualified design professionals, including but not limited to the fields of architecture, urban and regional planning, urban design, graphic design, engineering and the visual arts. It is desirable, but not required, that at least one architect and one landscape architect shall serve on the Commission. Absence or vacancy in any position shall not prevent the Commission from conducting business, provided that a quorum of three members is maintained. Members shall serve two-year terms and may be appointed for additional two-year terms. Members shall be required to participate in orientation training before and continuing education during their term of service in accordance with the provisions of this section.

   (B)   The Design Review Commission shall choose a Chair and a Vice-Chair from among their membership. Meetings shall be held on a time and date established by written resolution of the City Council. The Design Review Commission shall take action by majority vote of those present and constituting a quorum. The proceedings of the Design Review Commission shall be memorialized by the minute clerk. The minute clerk shall tape record the proceedings as an aid to preparation of the minutes. In addition, the staff shall prepare and submit proposed minutes of the Commission meetings for adoption at the next regularly scheduled meeting.

   (C)   The City Manager, through the Community Development Director, shall assign such staff support to the Design Review Commission as may be required for the Commission to fulfill its obligations. The staff shall have the duty to advise, but not the right to vote.

   (D)   The Design Review Commission shall establish written policies to ensure efficient organization and management of its affairs, consistent application of design standards, and identification of issues for future consideration by the Planning Commission and City Council.

   (E)   Every member of the Design Review Commission appointed by the Mayor shall be interviewed and selected on the basis of experience and qualifications, and shall be required to participate in no fewer than eight hours of orientation and training before participating in the review of projects. Design Review Commission members shall participate in at least one annual training program in the areas of design practice, meeting management, ethics, planning and design law, or related topics.

   (F)   The Community Development Director or designee may secure consulting professional design assistance as necessary to ensure expedient and effective reviews of incoming projects.

('65 Code, § 9-3.2502) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 512-C.S., passed 3-20-01; Am. Ord. 513-C.S., passed 4-17-01; Am. Ord. 518-C.S., passed 1-15-02; Am. Ord. 602-C.S., passed 7-2-13; Am. Ord. 643-C.S., passed 4-3-18; Am. Ord. 650, passed 2-5-19)

   No building permit or any other type of construction permit shall be issued until a precise plan of design or site plan review covering the parcel or parcels to be used is approved as provided herein. Building permits and other construction permits may be issued only in accordance with such an approved precise plan of design or site plan review, including the terms and conditions thereof.

('65 Code, § 9-3.2503) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 552-C.S., passed 11-21-06; Am. Ord. 629-C.S., passed 10-4-16)

         (a)   Location of existing and proposed structures, including signs, showing dimensions from property line;

         (b)   Location, size and species of existing trees or natural attributes;

         (c)   Location of off-street parking. The number of parking spaces (specifying handicapped, compact and regular spaces), type of paving, direction of traffic flow, parking stall dimensions, and areas for turning and maneuvering vehicles;

         (d)   Location and dimension of drive approaches, off-street loading areas, street and highway dedications;

         (e)   Refuse disposal and recycling;

         (f)   Location, height, and material of existing and/or proposed fences and walls;

         (g)   Means of screening all vents, pipes, antennas and machinery placed on roofs;

         (h)   Location, height and specifications of all existing and/or proposed exterior lighting;

         (i)   Location of all utility pipes, valves, vaults and similar appurtenances; and

         (j)   Location of structures on abutting lots showing dimensions to property line.

      (3)   Neighborhood analysis. Written and/or visual analysis for a 300-foot radius around the project site, showing the architectural styles in the vicinity as well as the number of one-story and two-story homes. This submittal requirement is applicable for projects located within the R-1 Zone that are subject to review by the Design Review Commission.

         (a)   Location of signs and size, height, color, material and type of illumination of all signs. A master sign plan shall be submitted when the development includes two units or more;

         (b)   Location, size and style of architectural features, such as awnings, doors, windows and other wall openings;

         (c)   All exterior surfacing materials and their colors.

         (a)   Existing trees (by species and size) proposed to be retained, removed or relocated on the site;

         (b)   Landscaped areas and the numbers, varieties and sizes of plant materials to be planted therein and all other landscape features;

         (c)   Softscape, hardscape (walkways, paving, textured concrete) and lighting.

('65 Code, § 9-3.2504) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 513-C.S., passed 3-20-01; Am. Ord. 552-C.S., passed 11-21-06; Am. Ord. 629-C.S., passed 10-4-16; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)

      (1)   Any precise plan of design applications for multi-family residential projects of four or fewer dwelling units, for single family projects not in the R-1 Zone, or for commercial, office, institutional or industrial projects equal to or less than 3,000 square feet of gross floor area shall be considered by the Community Development Director within 30 days after the filing of a complete application. The Community Development Director shall approve, disapprove, or approve with conditions, the application.

      (2)   Any site plan review applications for projects within the R-1 Zone, proposing additions to the rear of the property that do not propose significant impacts from the public right-of-way shall be considered by the Community Development Director within 30 days after filing of a complete application. The Community Development Director shall approve, disapprove, or approve with conditions, the application.

      (3)   Any site plan review application for projects within the R-1 Zone proposing wholesale façade changes or additions that create significant visual impacts from the public right-of-way shall be reviewed by the City Architect prior to consideration by the Community Development Director within 30 days after the filing of a complete application. The Community Development Director shall approve, disapprove, or approve with conditions, the application.

      (4)   The Community Development Director may refer any application not otherwise required for review by the City Architect or for Design Review Commission review and recommendation, if the Director determines that the controversial nature or the complexity of the application requires such referral. In such case, the 30-day time limit shall not apply, but the matter shall be timely scheduled for hearing before the Design Review Commission.

      (1)   Any site plan review applications for projects within the R-1 zone, proposing construction of new homes (including any residential remodel which involves the demolition of at least 50% of the existing residential building) and new second stories shall be considered by the Design Review Commission.

      (2)   Any precise plan of design applications for residential projects of five or more dwelling units, applications for commercial, office, institutional or industrial projects in excess of 3,000 square feet of gross floor area shall be considered by the Design Review Commission. The Design Review Commission shall also consider additions to commercial, office or manufacturing buildings that add more than 2,500 square feet to gross floor area to the existing structure(s).

      (3)   The Community Development Director shall place a completed application, submitted with all of the required supplementary information required herein, on the next available Design Review Commission agenda. No application shall be placed on the Design Review Commission agenda for consideration until all of the required information has been submitted in sufficient time for staff analysis and review prior to the Design Review Commission meeting. After a completed application is placed upon the Design Review Commission agenda, the Commission shall, within a reasonable time thereafter, make a decision of approval, disapproval, or approval with conditions. The Design Review Commission shall utilize the evaluation criteria herein in making its recommendation.

('65 Code, § 9-3.2505) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 512-C.S., passed 3-20-01; Am. Ord. 526-C.S., passed 7-16-02; Am. Ord. 544-C.S., passed 8-17-04; Am. Ord. 552-C.S., passed 11-21-06; Am. Ord. 629-C.S., passed 10-4-16; Am. Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)

   (A)   In approving a precise plan of design or site plan review, the Director, Design Review Commission or City Council, on appeal, must find in writing that the site plan, architecture and landscape design:

      (1)   Are consistent with the policies of the general plan, zoning ordinance, design guidelines, and other city ordinances and policies governing the quality and character of development.

      (2)   Are architecturally harmonious, consistent with the scale and impact of similarly sited properties in the same neighborhood and zoning classification, and carry out the intent of the city's design guidelines. Each building shall include full architectural character on all building elevations demonstrating a quality of craftsmanship and design quality consistent with the city's guidelines.

      (3)   Provide a degree of amenity characterized by generous landscaping of the open spaces and parking lots consistent with city design guidelines; provision of pedestrian connections; provision of landscape transition zones between parcels; and preservation of native, historic, and specimen trees and vegetation on the site.

      (4)   Provide proper transition between the subject parcels and adjoining properties, including proper streetscape, architectural scale, massing, proportion and harmony; landscape palette, sound and vibration control, buffering, privacy protections; public improvements, and sign controls necessary to improve the quality of the streetscape.

      (5)   Include, to the extent possible, passive solar design opportunities, new and sustainable technologies, water-efficient landscape techniques, elimination of nonconforming signs, and other building practices consistent with the provisions of state law and city design guidelines.

      (6)   Protect the character-defining features of historic streetscapes, building exteriors, and cultural landscapes consistent with Secretary of the Interior Standards for the Treatment of Historic Properties.

      (7)   In addition to the above, when considering a precise plan of design for a curb cut for vacant property, the following findings must also be made:

         (a)   That access to the vacant property will not create an attractive nuisance;

         (b)   That access to the vacant property will not create a standalone parking lot or storage yard;

         (c)   That access to the vacant property is consistent with future development plans of the vacant property; and

         (d)   That access to the property will not create an unsafe situation for individuals or surrounding properties.

   (B)   The Design Review Commission shall not consider the internal space arrangements and amenities of a structure except to the extent required for compliance with applicable building codes, zoning density requirements, zoning code requirements, design development standards, evaluation criteria and the purpose of this subchapter.

('65 Code, § 9-3.2506) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 512-C.S., passed 3-20-01; Am. Ord. 552-C.S., passed 11-21-06; Am. Ord. 629-C.S., passed 10-4-16)

   The precise plan of design or site plan review shall be valid for one year from the approval date. Construction must be commenced within one year from the approval date. If construction has not commenced within one year from the approval date, but the applicant has diligently pursued the project plan review process, the Community Development Director may extend the precise plan of design or site plan review for up to one additional year. If construction has not commenced within this additional one-year period, the precise plan of design or site plan review shall expire and no longer be valid. The Design Review Commission may, upon application and with good cause shown, extend the time limit in the case of unavoidable delay.

('65 Code, § 9-3.2507) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 629-C.S., passed 10-4-16)

   Subsequent to the approval of a precise plan of design or site plan review, the Community Development Director may approve minor changes in the precise plan, site plan review, or the conditions thereof, if he or she finds that there are practical reasons for such changes, that such changes do not substantially vary from the previously approved precise plan or site plan review, and applicable city codes, and that such changes do not involve deviations from the design’s intent and from established written policies of the Design Review Commission or Planning Commission. Any time the Community Development Director takes action to approve or disapprove a requested minor modification, he or she shall notify the approving body in writing. The action of the Community Development Director shall be final unless appealed to the approving body within 10 calendar days of the decision.

('65 Code, § 9-3.2508) (Ord. 449-C.S., passed 6-6-95; Am. Ord. 629-C.S., passed 10-4-16)

   (A)   Following the receipt in proper form of any such application, the Secretary of the Commission shall fix the time and place for the public hearing thereon. The Secretary shall provide public notice of the public hearing in the manner required by Cal. Gov’t Code § 65091.

   (B)   The failure on the part of any person, or any addressee of any such postal notices, to give due and careful consideration to any such notice as provided for in this section shall in no way affect the validity of such proceedings provided such publication and mailing shall have been done in good faith.

(Ord. 639-C.S., passed 10-3-17; Am. Ord. 638-C.S., passed 10-17-17)