The purpose of this chapter is to establish procedures for the
discretionary and nondiscretionary design review of development throughout
the City in order to encourage development that is compatible and
harmonious with the design and use of surrounding properties and with
the City in general. In order to ensure that development in Stockton
meets or exceeds the City's expectation of high quality, this design
review process has been established to:
A. Promote
the orderly development of the City as provided for in the goals,
objectives, and policies of the General Plan.
B. Preserve
and enhance the existing unique character of the City.
C. Ensure
that new or modified development contributes to the positive image
of the City by being aesthetically pleasing and functionally organized.
D. Protect
and enhance property values by ensuring that development fits properly
within the context of its surroundings and does not negatively impact
adjacent uses.
E. Promote
the preservation of the character and architecture of existing neighborhoods,
particularly through design review districts.
F. Provide
certainty to the development review process by clearly stating the
City's expectations, thereby reducing guesswork and reducing development
time and costs.
G. Encourage
individual creativity and innovative solutions by allowing flexibility
in how a particular guideline is met as long as the intent of the
guideline is achieved.
H. Ensure
high quality development without causing unnecessarily high development
costs.
I. Communicate
the desired qualities and characteristics of development which are
intended to promote quality design that is sensitive to its neighborhood
context, compatible with adjacent land uses and structures, and consistent
with the General Plan.
(Prior code § 16-515.010)
A. Types of Projects. The following list identifies the types
of projects that are subject to the City's design review process.
1. Residential Development.
a. New single-family tract development in a subdivision of five or more
parcels. (These projects are subject to the design standards located
in Section 3.01 (Single-Family Design Standards for New Tract Development)
of the Citywide Design Guidelines Manual.)
b. New single-family infill projects located within special districts.
(See Section 3.02 of the Citywide Design Guidelines Manual (Single-Family
Residential Design Guidelines for Special Districts) for a list of,
and a map illustrating, the special districts.)
c. Additions and exterior remodeling of single-family dwellings located
within special districts visible from the public right-of-way.
d. New developments containing two or more dwelling units.
e. Additions and exterior remodeling of existing multifamily dwellings.
f. Accessory structures greater than 120 square feet in special districts
or as part of a multifamily project that are visible from the public
right-of-way.
2. Commercial Development.
a. New commercial development throughout the City, including special
commercial districts (e.g., Downtown; Miracle Mile, or Channel area)
and freeway corridors.
b. Additions and exterior remodeling of existing commercial development
throughout the City that is visible from a public right-of-way or
an internal circulation route.
c. Accessory structures visible from a public right-of-way or an internal
circulation route.
3. Business Park and Industrial Development.
a. New business park and light industrial development throughout the
City.
b. Additions and exterior remodeling of existing business park and industrial
development throughout the City that is visible from a public right-of-way
or an internal circulation route.
c. Accessory structures visible from a public right-of-way or an internal
circulation route.
4. Signs.
a. New on-site signs throughout the City.
b. New off-site signs throughout the City.
B. Use of Design Guidelines.
1. Adopted Design Guidelines. The Review Authority shall
refer to the City of Stockton Citywide Design Guidelines (Guidelines)
and other design guidelines that have been adopted by the Council
in order to provide guidance to applicants seeking to comply with
the requirements of this chapter.
2. To Be Used by Property Owners and Design Professionals. The design guidelines are to be used by property owners, architects,
designers, developers, and landscape architects in the planning and
design of projects in the City.
3. To Be Used as Review Criteria. The design guidelines
are to be used by City staff, the Director, Architectural Review Committee
("ARC"), Cultural Heritage Board, Commission, and Council as adopted
criteria for the review of development proposals subject to the requirements
of this chapter.
(Prior code § 16-515.020; Ord. 002-06 C.S. § 1; Ord. 2020-06-09-1501 C.S. § 27; Ord. 2020-12-01-1502 C.S. § 33)
The following types of projects are exempt from the design review
process and are not required to comply with the design guidelines.
However, it is strongly recommended that applicants with exempt projects
refer to the design guidelines and follow them to the degree feasible
to help ensure well-designed projects.
A. New
single-family dwellings and additions to or remodeling of existing
single-family dwellings not located within a special district or in
a new subdivision of five or more parcels.
B. Additions
to or remodeling of existing commercial structures when the improvements
are not visible from a public right-of-way or an internal circulation
route.
C. Additions
to or remodeling of existing business park and industrial structures
when the improvements are not visible from a public right-of-way or
an internal circulation route.
D. Accessory
structures not visible from a public right-of-way or an internal circulation
route.
F. Temporary
structures as defined in Division 8 (Glossary).
G. Routine
maintenance of landscaping, signs, and structures.
H. Any
project located within the Port (PT) Zoning District.
I. Other
situations the Director determines to be minor even if visible from
the public right-of-way or an internal circulation route.
J. Application
of same, similar or different paint colors to existing buildings except
for those surfaces which, in the opinion of the Director, have historically
been unpainted (e.g., masonry, wood shingles, chimneys).
K. Replacement
of roofing materials, including to another type, when related to existing
residential development.
(Prior code § 16-515.030; Ord. 2020-06-09-1501 C.S. § 28)
A. Nondiscretionary Administrative Projects. Decisions do not
require interpretation or exercise of policy or judgment in evaluating
approval criteria because the decision is made according to objective
criteria where no discretion is involved. Approval may be issued over
the counter by staff. The director is the approval authority for nondiscretionary
administrative actions. The action of the director is not subject
to appeal.
B. Limited Discretion. Minor design review approval or denial
is based on discretionary standards that regulate the physical characteristics
of a use or structure. Decisions must be consistent with the adopted
criteria. Notice of decision is required with opportunity to request
ARC review. The action of the director may be appealed.
C. Discretionary Projects.
1. Council. The Council shall be the applicable Review Authority for all discretionary projects authorized by this Development Code for review by the Council, or appealed to the Council in compliance with Chapter
16.100 (Appeals).
2. Commission. The Commission shall be the applicable Review Authority for all discretionary projects authorized by this Development Code for review by the Commission, or appealed to the Commission in compliance with Chapter
16.100 (Appeals).
3. Director. The Director, based on the recommendation
of the ARC, shall be the applicable Design Review Authority for:
a. All certificates of appropriateness authorized by the Development
Code, based on the recommendation of the Cultural Heritage Board;
and
b. All discretionary projects authorized by this Development Code for
review by the Director.
(Prior code § 16-515.040; Ord. 002-06 C.S. § 1; Ord. 023-07 C.S. § 108; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2022-07-12-1601-02 C.S.
§ 30)
A. Optional Preliminary Design Review. The option of a preliminary
design review is strongly encouraged and may be requested by applicants
before the formal submittal of an application. This is an informal
review by the Director or ARC in order to provide direction/guidance
to project proponents before preparation of detailed designs/plans
for formal application submittal.
B. Application. The application shall be prepared in compliance
with the Department handout for design review, filed with the Department,
and accompanied by the fee required by the Council's fee resolution.
C. Initial Review. Each application shall be reviewed by the
Director to ensure that the application is consistent with this Development
Code, the City of Stockton Citywide Design Guidelines (Guidelines),
other design guidelines that may be adopted by the City, and the purpose
and intent of this chapter.
D. Procedures.
1. Review.
a. Nondiscretionary Permits (Building Permit/Allowed Uses). For projects that do not require any type of discretionary approval, the applicant shall submit design review plans before building permit submittal. The ARC shall review the submitted plans for compliance with the Guidelines, other design guidelines that may be adopted by the City, and/or applicable Development Code standards, and make recommendations and supporting findings in compliance with subsection
(D)(2). Following the ARC's review of the plans, the Director shall prepare and transmit a list of the ARC's findings and recommendations to the applicant in a timely manner, noting that a request for reconsideration may be submitted, where applicable.
b. Discretionary Permit/Entitlement. For projects that require a discretionary approval of a development application (e.g., use permit, variance, land development permit, planned development permit, etc.), the applicant shall submit design review plans for the proposed project at the same time as the discretionary application is submitted to the Department. The Director shall review the project for compliance with the land use and development regulations contained in this Development Code. The ARC shall review the overall design of the project for compliance with the Guidelines and other design guidelines that may be adopted by the City. In reviewing the design of the project, the ARC shall use the guidelines as a reference, and make recommendations and supporting findings in compliance with subsection
(D)(2). Following the ARC's review of the plans, the Director shall prepare and transmit a list of the ARC's findings and recommendations to the applicant in a timely manner, noting that a request for reconsideration may be submitted and/or that the Planning Commission is the final Design Review Authority, where applicable.
2. List of Recommendations.
a. The list of findings and recommendations shall be forwarded:
i. To the applicant within 30 working days from the date the application
is deemed complete by the Director.
ii. To the applicable Review Authority for consideration simultaneously
with any accompanying discretionary permit/entitlement application.
b. Where the recommendations would substantially alter a proposed development,
the applicant may submit revised plans with a request for reconsideration
by the ARC.
3. Resubmittals. Following a redesign of, or changes to,
a project, the applicant shall resubmit an application for review
and recommendation by the ARC. If a recommendation has not been reached
by the ARC after two reviews, the project shall be referred directly
to the Director for a decision.
4. Determination. Following submittal of the list of recommendations to the applicant and the submittal of any revisions and request for reconsideration, if applicable, the Review Authority shall review the design of the project in compliance with the list of recommendations in subsection
(D)(2), and:
a. Nondiscretionary Permits. Make a consistency determination.
b. Discretionary Permit/Entitlement.
i. Director. If the final Design Review Authority is the
Director, the Director shall make a consistency determination.
ii. Other Review Authorities. If the Director is not the
final Design Review Authority, the Director shall make a written recommendation
to the Review Authority and the Design Review plans shall be considered
with the application(s) by the applicable Review Authority identified
in Table 4-1 (Review Authority). Following review of the design review
plans, the Review Authority shall make a consistency determination.
E. On-Site Review. The review may include on-site inspection
of the subject parcel, if deemed necessary by the ARC or the Director.
(Prior code § 16-515.050; Ord. 002-06 C.S. § 1; Ord. 015-09 C.S., eff. 12-3-09)
The Review Authority shall determine whether a project adequately
meets adopted City standards and the Guidelines, based upon consistency
with the following findings:
A. The
proposed development is consistent with all applicable provisions
of this Development Code and other applicable City ordinances;
B. The
general design considerations, including the character, quality, and
scale of design are consistent with the purpose/intent of this chapter
and the Guidelines and other design guidelines that may be adopted
by the City;
C. The
architectural design of structures and their materials and colors
are visually compatible with surrounding development. Design elements
(e.g., awnings, exterior lighting, screening of equipment, signs,
etc.) have been incorporated into the project to further ensure its
compatibility with the character and uses of adjacent development,
and/or between the different types of uses in a mixed use development;
D. The
location and configuration of structures are compatible with their
sites and with surrounding sites and structures and do not unnecessarily
block views from other structures or dominate their surroundings;
E. The
general landscape design, including the color, coverage, location,
size, texture, and type of plant materials, provisions for irrigation,
planned maintenance, and protection of landscape elements have been
considered to ensure visual relief, to complement structures, and
to provide an attractive environment;
F. The
design and layout of the proposed project will not interfere with
the use and enjoyment of neighboring existing or future development
and will not result in vehicular or pedestrian hazards;
G. The
building design and related site plans, including on-site parking
and loading, has been designed and integrated to ensure the intended
use will best serve the potential users or patrons of the site; and
H. Special
requirements or standards have been adequately incorporated, when
applicable, into the building and/or site design (e.g., American Disabilities
Act regulations, historic preservation, mitigation measures, open
space, utilities, etc.).
(Prior code § 16-515.060)
All work performed under a building permit for which drawings
and plans have been approved under the procedures and requirements
of this chapter shall conform to the approved drawings and plans.
The signed and/or stamped plans shall be submitted before, or at the
same time as, the building permit application.
(Prior code § 16-515.070)
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; maintenance; and performance guarantees of the project following issuance of a design review approval shall be in compliance with Chapter
16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures shall apply, as applicable, after issuance of a design review:
A. Appeal. The decision of the Review Authority may be appealed in compliance with Chapter
16.100 (Appeals). The decision of the ARC may be appealed to the Commission, following a request for reconsideration, and the decision of the Commission may be appealed to the Council.
B. Effective Date. A design review approval shall be effective
on the date the signed and/or stamped plans are issued by the Director.
C. Changes to a Design Review Approval. Changes to the project shall be in compliance with Chapter
16.104 (Changes to an Approved Project).
D. Expiration/Extension. The design review approval shall become
void unless the required building permit is submitted within 12 months
of the design review being issued. An extension may be requested;
however, any extension shall be in compliance with the requirements
of this Development Code and adopted design guidelines in effect at
the time of the extension request.
(Prior code § 16-515.080; Ord. 002-06 C.S. § 1)