The Design Review Committee (hereinafter the DRC) of the City is hereby established.

The Design Review Committee shall consist of five (5) members and two (2) alternates appointed by the Mayor, with the approval of the Council. All members of the Design Review Committee shall be persons residing in the City.

Members shall serve a term of two (2) years with the terms commencing on June 1 of the first year of appointment; except, that of the DRC members first appointed, three (3) regular members shall serve a term of two (2) years and two (2) shall serve a term of one year. One alternate shall serve a term of two (2) years and one shall serve a term of one year. Thereafter, all DRC members and alternates shall serve terms of two (2) years and until a successor has been appointed. Commencing with terms that begin on or after July 1,2010, no committee member may serve more than four (4) consecutive terms; however, after waiting a period of at least two (2) years following the end of the second term, a Commissioner may be reappointed for not more than two (2) consecutive terms.

Commencing with terms that begin on or after July 1, 1992, no member of the DRC may serve more than three (3) consecutive terms; however, after waiting a period of at least two (2) years following the end of the third consecutive term, a member may be reappointed. Alternates may serve an unlimited number of consecutive terms.

The members of the DRC shall select a Chairperson and Vice Chairperson from among its members as established by City Council resolution.

The DRC shall establish written rules of operation which shall be approved by the Council.

(Ord. O-22-1397, 10-12-2022)

The City Manager shall assign the Community Development Director or other staff support to the DRC as may be required for the committee to fulfill its obligations. The Community Development Director or his/her designee shall act as Secretary to the DRC.

(Ord. O-22-1397, 10-12-2022)

The DRC shall hold its regular at such date, time, and location as the City Council shall establish by resolution. The DRC shall take action by majority vote of those present and constituting a quorum. A quorum shall consist of three (3) members or members and alternates. An alternate shall serve when any member is absent.

(Ord. O-22-1397, 10-12-2022)

All applications for permits falling within the following categories shall be subject to design review, and such permits shall not be issued unless approved by the DRC or by the Planning Commission or by the Council:

   A.   An addition or alteration to an existing residential or commercial structure which.

      1.   Changes the appearance of the structure as viewed, from a public street or alley; or

      2.   Adds or expands a second story; or

      3.   Extends the length of any side of the primary residential structure or commercial structure by the greater of twenty five percent (25%) or ten feet (10').

   B.   A new or replacement residential or commercial structure.

   C.   The construction, modification or addition of any accessory structure visible from public view which exceeds six hundred (600) square feet in total lot coverage. Also, the construction, modification or addition to a second story of an accessory structure.

   D.   The addition of a second story to a garage.

   E.   The complete or partial replacement of or addition to a roof on an existing residential or commercial structure requires approval of the Design Review Committee unless the replacement or addition is of the same or similar material, color and application as that which is being replaced or added. Further, roof replacements or additions which utilize materials, colors and applications pre-approved by the City Council do not require Design Review Committee approval. In reviewing roof materials and applications, in addition to the design review standards, the Design Review Committee shall consider all of the following when raised by the applicant;

      1.   Fire, wind and/or earthquake safety;

      2.   Structural integrity;

      3.   The extent the roof is exposed to public view or view by neighbors; and

      4.   The ability of the proposed roofing material to successfully dispose of rainwater for the particular house.

   F.   The construction of any fence, gate, pilasters, yard wall or retaining wall located adjacent to a street pursuant to subsection 23.13.04 G.3.d. of this chapter.

   G.   All new commercial signage which changes the size, style, color, and/or materials.

   H.   The construction of any paving or impervious coverage within the front yard which exceeds twenty five percent (25%) of the front yard area. Paved or impervious areas include, but are not limited to, driveways, walkways, patios, porches, landings and/or architectural accessories.

   I.   The installation of security bars, grilles, or other similar decorative features in front of a door or window adjacent to a front yard or street side yard.

   J.   Wireless telecommunications facilities attached to the exterior façade of a building as permitted in subsections 23.03.09 C. and 23.05.02 C. of this chapter.

   K.   Wireless telecommunications facilities which house cellular antennas or panels on the roof of a building as permitted in subsections 23.03.09 D. and 23.05.02 D. of this chapter.

   L.   The installation of any new or replacement windows that are not in accordance with the "window replacement procedures and pre-approved window material list."

Only at the discretion of the Planning Commission can an application pending before the Planning Commission be referred to the DRC for further action. Otherwise, all applications which are pending review or have been reviewed by the Planning Commission shall continue to be submitted to the Planning Commission. An application shall be submitted to the DRC only after staff has determined that the application conforms to all applicable zoning standards of the City. Applications requiring Planning Commission review due to conditional use permit or variance requirements determined by the zoning standards conformance review will be submitted to the Planning Commission for design review in lieu of the DRC. The Planning Commission, at their discretion, may request an advisory review to be conducted by the DRC, for an application which is before the Planning Commission.

(Ord. O-22-1397, 10-12-2022; amd. Ord. O-24-1415, 11-20-2024)

   A.   Following submission of plans, payment of a processing fee, and without neighborhood notification, the Community Development Director or his/her designee is hereby authorized to review and approve, if he/she so chooses, the following items within the R-1 and C-1 zones, subject to the standard of review in section 23.15.09 of this article:

   1.   Front door replacements (except from a single to a double door).

   2.   Garage door replacements.

   3.   Minor window modifications.

   4.   Installation of new light fixtures.

   5.   Minor modifications to wrought iron work (balconies, gates).

   6.   Installation or modification of commercial awnings.

   7.   Installation or modification of new commercial pedestrian door(s).

   8.   Reconfiguration of existing space within an existing dwelling unit located in the R-1 zones to add no more than two (2) additional bedrooms, provided that no additional space is being added to the dwelling and provided that such proposed reconfiguration also complies with all applicable State laws and municipal code provisions.

   An applicant can appeal to the DRC a denial by the Community Development Director of an application for approval under this subsection.

B.   Following submission of plans, payment of a processing fee, and without neighborhood notification, the Community Development Director or his/her designee is hereby authorized to review and approve the following items, subject to the standard of review in section 23.15.16 of this article:

   1.   Employee housing projects in the H & C zone that comply with the objective standards for multi-family residential development established in section 23.05.03 of article 05.

   2.   Multi-family residential projects in the RM1 zone that comply with the objective standards for multi-family residential development established in section 23.20.03 of article 20.

      3.   Multi-family residential projects in the RIH zone that comply with the objective standards for multi-family residential development established in section 23.20.03 of article 20.

      4.   Multi-family residential projects or mixed- use projects in the MU-1 zone that comply with the objective standards for multi-family residential development established in section 23.21.03 of article 21.

      5.   Multi-family residential projects or mixed- use projects in the MU-2 zone that comply with the objective standards for multi-family residential development established in section 23.21.03 of article 21.

      Projects that do not comply with the objective standards for multi-family residential development established in the respective zone are subject to the DRC review and approval process set forth in this article.

      6.   Projects that are eligible for by-right approval under state law outlined in section 23.23.03.

      An applicant can appeal to the DRC a denial by the Community Development Director of an application for approval under this subsection.

   C.   The Community Development Director, without payment of a processing fee or neighborhood notification, may approve a minor field change, subject to the criteria provided in section 23.15.09 of this article. Upon payment of an appeal fee the applicant may appeal denial of a minor field change to the body that approved the project for which the minor field change is being requested.

(Ord. O-22-1397, 10-12-2022; amd. Ord. O-23-1407, 10-27-2023; Ord. O-24-1415, 11-20-2024)

   A.   Application: Any person requesting design review shall file an application with the Secretary of the DRC or Planning Commission, as appropriate.

   B.   Preliminary Consultation: Upon receipt of a complete application the Director or his/her designee shall meet with the applicant or the applicant’s representative to explain to the applicant the applicable design guidelines, findings, and procedures that will apply to the project, and to informally discuss compliance of the project with the design guidelines and applicable regulations. None of the Director’s comments or suggestions shall constitute an actual or implied approval of the application.

   C.   Public Hearing: Following the preliminary consultation, the City shall set the matter for public hearing before the Design Review Committee or Planning Commission and the applications shall be processed as provided in this article. Applications set for public hearing shall address the basic design of the project, compatibility with surroundings including massing, proportion, siting on the parcel, compliance with applicable design guidelines and other requirements provided in this article.

   D.   Design Review Approval: All applications for design review approval shall be reviewed in the first instance by the Design Review Committee excepting applications subject to design review under subsection 23.15.03B of this article, which shall be reviewed in the first instance by the Planning Commission.

(Ord. O-22-1397, 10-12-2022)

   A.   Notice Of Date And Time Of DRC Consideration: Written notice of the date and time the DRC shall consider an application shall be given to the owners and occupants of all properties within the neighborhood.

   B.   Applications To Add Square Footage: Ten (10) days’ written notice is required for any application which adds square footage to a residential or commercial structure.

   C.   Applications For New Or Replacement Structures: Ten (10) days’ written notice is required for a new or replacement residential or commercial structure.

   D.   All Other Applications: Three (3) days’ written notice is required for all other applications subject to design review.

   E.   Notice Of Continued Hearing: Notice of a continued hearing shall be provided in the same manner notice was provided for the original hearing.

   F.   Applicant Responsibility: The applicant shall be responsible for providing stamped envelopes with the name and addresses of owners of record and current residents within the neighborhood for all meetings. The failure on the part of any person to receive or to give due and careful consideration to any such published or mailed notice shall not affect the validity of the proceedings; provided that such publication and mailing have been done in good faith.

   G.   On Site Notification: For new or replacement residential structures, a sign shall be posted, at least ten (10) days before the public hearing held by the Design Review Committee or Planning Commission, in the following manner:

      1.   For corner lots, signs shall be posted on each street frontage.

      2.   The sign(s) shall be located in a conspicuous place on the property abutting a street not more than ten feet (10') inside the property line, but no closer than five feet (5') to a property line.

      3.   The Community Development Director may approve deviations to these requirements in order to meet the intent of these noticing provisions.

      4.   Each sign shall comply with the following:

         a.   The sign shall be twelve (12) square feet in sign area, generally measuring three feet by four feet (3' x 4').

         b.   The sign shall not exceed five feet (5') in height from the ground level; provided that if the property is surrounded by fences, walls, or hedges at or near the street property line, additional height may be provided as necessary to ensure visibility of the sign from the public right of way.

         c.   The sign shall not be illuminated.

         d.   The sign shall include all of the factual information about the pending application including, but not limited to, the date and location of the meeting, address of the property, the case number, and a description of the project.

         e.   The size, style, and color of the sign’s lettering shall be the specifications approved by the director of planning and building.

         f.   Support elements for the sign shall be made of four inch by four inch (4" x 4") wood posts.

         g.   A building permit shall not be required for the posting of a sign installed in compliance with this subsection G.

         h.   The sign shall remain in place until the expiration of the appeal period following a decision by the review authority. If the application has been appealed or called for review, the sign shall remain in place with the new hearing date noted until the final decision is rendered. The sign shall be removed within ten (10) days of either the appeal period or the final decision, whichever applies.

         i.   The applicant shall submit to the Community Development Director an affidavit verifying that the sign was posted on the subject site in a timely manner in compliance with this subsection G.

         j.   Failure to post the sign, to include the required information, or to comply with applicable placement or graphic standards or requirements may result in the delay of the required public hearing.

         k.   To ensure consistency in appearance and information on the sign, the sign will be provided by the City and given to the applicant. The applicant would then staple or nail the sign to the plywood or posts.

(Ord. O-22-1397, 10-12-2022)

A public hearing shall be held before the DRC or the Planning Commission at the time and place for which notice has been given. Any such hearing may be continued or adjourned to a later date if, prior to such continuation or adjournment, the DRC chairman or Planning Commission chairman presiding announces the time, place, and date to which it will be continued or adjourned. The DRC or Planning Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying thereat, shall be recorded and made a part of the permanent files of the application.

(Ord. O-22-1397, 10-12-2022)

Within thirty (30) days after the conclusion of the public hearing upon an application for design review, the DRC or Planning Commission shall render its decision either for the granting thereof, with or without conditions, or for the denial thereof, which decision shall recite the findings of fact upon which the decision is based. The failure of the DRC or Planning Commission to render its decision within thirty (30) days after the conclusion of the hearing shall be deemed to constitute a denial of it unless, by common consent, the DRC or Planning Commission and the applicant agree to extend such time limit.

(Ord. O-22-1397, 10-12-2022)

The DRC or Planning Commission shall consider the durability, quality and cost of construction materials when raised as an issue by the applicant. The DRC or Planning Commission shall consider all applications for design review and may deny, with or without conditions, or approve any case in general accord with the following principles and standards as determined by the DRC or Planning Commission based on findings and conclusions drawn from information and evidence presented at a public hearing:

   A.   The DRC shall approve the application if it finds all of the following to be true:

      1.   That the proposed structure is compatible with the neighborhood, and

      2.   That the proposed structure is designed and will be developed in a manner which balances the reasonable expectation of privacy of persons residing on contiguous properties with the reasonable expectations of the applicants to develop their property within the restrictions of this code,

      3.   In the case of a building addition, the proposal is compatible with the existing building which includes the rooflines,

      4.   That the colors and materials are consistent and match the existing building or structure.

   B.   The design review process may not require a reduction of the maximum lot coverage allowed by sections 23.02.10, 23.02.11, and 23.02.12 of this chapter.

   C.   Any building permit resulting from design review approval of plans and specifications required in section 23.15.12 of this article must be obtained within one year of the approval. All construction must take place in conformance with the approved plans and specifications. A design review application which is not used within one year after the granting of such application, becomes null and void and of no effect; except, that the DRC or Planning Commission may extend the expiration date of any design review application for a period of one year.

(Ord. O-22-1397, 10-12-2022)

   A.   The applicant or any person who is dissatisfied with the action of the Design Review Committee may, within the fifteen (15) day period prior to the effective date of such action, file an appeal application with the Community Development Director. The completed form shall specify the basis for the appeal.

   B.   Any person filing an appeal with the Director shall concurrently deposit with the Director a sum determined by City Council resolution to cover the cost of appeal.

   C.   The Planning Commission shall hear any and all appeals and matters referred to the Planning Commission “de novo” and shall be provided a summary from staff of the issues discussed before the DRC.

   D.   The Planning Commission shall consider the matter pursuant to the same notice, procedure and standards of review applicable to proceedings before the DRC.

(Ord. O-22-1397, 10-12-2022)

   A.   The applicant or any person who is dissatisfied with the action of the Planning Commission on an application for design review may, within the fifteen (15) day period prior to the effective date of action, file an appeal application with the City Clerk. The completed form shall specify the basis for the appeal.

   B.   Any person filing an appeal with the City Clerk shall concurrently deposit with the City Clerk a sum determined by City Council resolution to cover the cost of appeal.

   C.   The City Council shall consider whether to review a Planning Commission decision if one (1) Councilmember files a Council review request with the City Clerk within the fifteen (15) day period prior to the effective date of decision, in which case, the fifteen (15) day appeal period provided by subdivision A of this Section 23.15.10 shall be extended for such limited purpose to allow the City Council to determine whether to appeal the decision at the next regular meeting of the Council following such decision of the Planning Commission. Bias shall not be presumed or inferred due to a request for review.

   D.   Upon receipt of notice of the appeal (or itself appealing a decision of the Planning Commission), the Council shall either:

      1.   Affirm the action of the Planning Commission; or

      2.   Require a summary of all evidence upon which the Planning Commission made its decision; after receiving such evidence, the Council shall take such action based on standards contained in section 23.15.08 of this article as, in its opinion, is indicated by such evidence alone; or

      3.   Refer the matter back to the Planning Commission, with or without instructions for further proceedings; or

      4.   Instruct the City Clerk to set the matter for hearing within seventy-five (75) days before itself unless the applicant and all appellants consent to a later date. At such hearing, it shall hear and decide the case de novo. Such hearing shall be conducted in the manner and with the notice herein prescribed for the Planning Commission.

   E.   Appeal Procedure: Each and every reference in this Article to the Planning Commission or Design Review Committee shall be deemed to mean Council during the conduct of any appeal hearing.

   F.   Decision Suspended: Until the appeal has been concluded, and the Council has rendered its decision thereon, the decision of the Planning Commission shall be suspended, and no rights shall accrue thereunder. After the decision of the Council on such appeal, the decision of the Council shall supersede the decision of the Planning Commission.

   G.   Finality Of Decisions Regarding Appeals: The decision of the Council, upon an appeal from an action of the Planning Commission, is final and conclusive as to all things involved in the matter. In the event of a tie vote by the City Council, the decision of the Planning Commission is final.

   H.   Resubmittal: In the event the Planning Commission or City Council takes final action to deny an application or request, such application or request cannot be resubmitted within one (1) year, unless the denial specifically is made without prejudice to the applicant’s right to file another application within one (1) year.

(Ord. O-22-1397, 10-12-2022)

An order by the DRC or the Planning Commission granting, denying, or modifying a design review application shall become effective fifteen (15) days after such decision, provided no appeal has been filed as set forth in sections 23.15.09 and 23.15.10 of this article.

(Ord. O-22-1397, 10-12-2022)

Documentation required for design review submittal:

   A.   All requests which increase the square footage of a building shall submit a complete set of plans with basic size information and a narrative description of work proposed and also including, but not limited to, the following list. After initial review by city staff, eight (8) sets of plans are required in order to continue the design review process.

      1.   A plot plan with applicable dimensions and setbacks drawn at a one-eighth inch (1/8") scale. The plot plan should also show the location of air conditioning condensers, established trees, driveways, walkways, all walls, fences, gates, pilasters, and all impervious coverage within the front yard.

      2.   A roof plan depicting ridgelines, slope, material and skylights.

      3.   A floor plan at a one-fourth inch (1/4") scale, showing walls to be removed and added. All rooms shall be labeled and dimensioned. All new doors and windows shall be reference to a separate schedule.

      4.   Elevations of all sides of the building identifying each side as north, south, east, and west, at a one-fourth inch (1/4") scale. The drawings shall illustrate new, existing and removed features. All proposed materials shall be referenced on the elevations. The plate height and building height should also be depicted. Proposals which alter the side of a building shall illustrate the thirty degree (30°) structural encroachment line.

      5.   All significant architectural details of the exterior that are important to the design shall be illustrated. These may be, but are not limited to, eave details, window details, column details, molding details, rafter details, and masonry details.

      6.   Final specifications as to the following items and materials shall be provided: roofing materials, the range of all exterior finish colors, all exterior siding and paving materials.

      7.   Requests for a new residence shall include a detailed landscape plan, color and material samples, a street elevation showing the profiles of the proposed residence and each residence adjoining the side yards of the proposed residence, and the location of the datum plane with appropriate topographical elevations. A new second story addition over an existing one-story house shall provide a landscape plan to address privacy.

      8.   All requests for the construction of multiple story buildings or for a second story addition to a building shall submit an isometric or perspective drawing of the entire structure illustrating the proposed addition from a “bird’s eye view”.

   B.   Requests for replacement of roofs shall submit eight (8) copies of the manufacturer’s brochure for the specific material with colors identified. A list of properties where the material has been applied within the general vicinity of San Marino shall also be submitted.

   C.   Requests for new walls, gates, fences, and pilasters which are subject to design review shall submit eight (8) sets of a plot plan showing the location of all existing and proposed walls, fences, gates or pilasters and describe the materials to be used in their construction. Also show the location of all established trees relative to the proposal. Eight (8) sets of an elevation of the wall, fence, gate and pilaster are required depicting design and the maximum height.

   D.   Requests for new or modified commercial signage shall submit eight (8) sets of a plot plan showing the locations of all signs. An elevation of the building with the proposed sign shall be submitted. Also required are eight (8) sets of a detailed drawing of the proposed sign depicting materials, copy, color, illumination, design, square footage and surface area.

   E.   Requests for front yard paving shall submit eight (8) sets of a plot plan with applicable dimensions illustrating all impervious coverage and detail of landscaping of the front yard area. Plans shall provide calculations of the amount of impervious coverage and the materials and colors of the proposed hardscape.

   F.   Requests for security bars, grilles or similar decorative features shall submit eight (8) sets of all elevations illustrating the proposed request with details of all new features.

   G.   Requests for demolition of any residential or commercial structure at least fifty (50) years or older shall submit a report detailing the structure(s) historical significance, architectural design, and ownership history, which shall be prepared by a qualified preservation professional. The Community Development Director, in his or her sole discretion, may require such a report for any request related to the demolition of any residential or commercial structure forty nine (49) years or less.

   H.   For all submittals a statement signed under penalty of perjury describing all attempts to notify the property owners in the legal neighborhood of the pending application.

(Ord. O-22-1397, 10-12-2022)

Whenever the requirements of this article are in conflict with any requirements in this chapter, the more restrictive requirements shall apply.

(Ord. O-22-1397, 10-12-2022)

   A.   Design Review Fee: Design review fees shall be established by Council resolution.

   B.   Penalty Fee: In the event that construction which is inconsistent with a design review approval is performed, any application for a modification to the previously approved plans shall be accompanied by a penalty fee, in addition to the application fee provided in subsection A of this section. The same procedures for processing amendments to conditional use permits and variances for unauthorized construction as provided in subsection 23.07.01B2 of this chapter shall apply to modifications of previously approved plans subject to the design review process, except that the initial hearing shall be before the DRC, if the DRC approved the initial plans, with the right of appeal to the Planning Commission. The penalty fee shall be in the same amount as provided for conditional use permits and variances in subsection 23.07.01B2 of this chapter. Payment of the penalty shall not preclude the City from disapproving an amendment and requiring the applicant to bring the construction into conformity with the previously approved plans.

(Ord. O-22-1397, 10-12-2022)

All applications for building permits which fall within the categories not requiring design review, in section 23.15.04.1 A. of this article, shall be approved by the Community Development Director or his/her designee if it is found that the colors and materials are consistent and match the existing building or structure.

All applications for building permits which fall within the categories not requiring design review, in section 23.15.04.1 B. of this article, shall be approved by the Community Development Director or his/her designee if it is found that the application complies with the standards for multi-family residential development established for the respective zone.

   A.   An order by the Community Development Director or his/her designee granting, denying, or modifying an application shall become effective fifteen (15) days after such decision, provided no appeal has been filed as set forth in section 23.15.17.

   B.   Any building permit resulting from approval of plans must be obtained within one year of the approval. All construction must take place in conformance with the approved plans and specifications. An application which is not used within one year after the granting of such application, becomes null and void and of no effect; except, that the Community Development Director or his/her designee may extend the expiration date of any application for a period of one (1) year.

(Ord. O-22-1397, 10-12-2022; amd. Ord. O-24-1415, 11-20-2024)

Any person may appeal the decision of the Community Development Director or his/her designee to the DRC fifteen (15) days after the final action by the Community Development Director or his/her designee. The DRC shall hear any and all appeals and matters referred to the DRC "de novo" and shall be provided a summary from staff of the issues discussed before the Community Development Director or his/her designee. The DRC shall consider the matter pursuant to the notice procedure and standards of review applicable to proceedings required for design review. (Ord. O-22-1397, 10-12-2022; amd. Ord. O-24-1415, 11-20-2024)