The purpose of this chapter is to establish a design review authority, to be known as the design commission, and procedures for design review, in order to:
A. 
Develop plans to improve and enhance the appearance of existing and planned public and private buildings within the CPD zone; develop streetscape plans and criteria for improving the appearance of existing and planned public and private open spaces on Foothill Boulevard and other locations as directed by the city council;
B. 
Encourage the orderly and harmonious, yet varied appearance of commercial and multifamily residential structures and property within the city, including signs, landscaping, parking areas, and open space areas;
C. 
Protect and enhance the public health, safety, general welfare, and property and improvement values throughout the city;
D. 
Ensure that new development does not have an adverse impact in terms of aesthetics, health, or safety, upon existing adjoining properties, or the city in general; and
E. 
Preserve and enhance the particular character and unique assets of the city and its commercial districts, as described in the general plan.
(Ord. 292 § 3, 1998)
A. 
Required Review. The following projects are subject to design review:
1. 
Nonresidential Projects.
a. 
Any project involving construction of, or exterior change to, any building, where such change requires a building permit;
b. 
Any building repainted or partially repainted. Design review can be waived by the director of community development if it can be determined that the colors are appropriate and/or similar to the existing building colors or colors previously approved by the design commission. Partial repainting for de minimis repair, touch-up maintenance or graffiti removal with substantially similar paint color shall be exempt from design review. There shall be no presumption, if a color has not been previously approved by the design commission, that the color is prohibited;
c. 
Any permanent signage, as governed by Chapter 11.37 of this title;
d. 
Awnings visible from a public right-of-way;
e. 
Outdoor furniture visible from a public right-of-way, if said furniture is not approved by the director of community development;
f. 
Landscaping, in the case of:
i. 
A project subject to review for building construction or change under subsection (A)(1)(a) or (A)(1)(c) of this section, or
ii. 
A project involving changes to an approved landscape plan.
2. 
Residential Planned Development. Any project requiring a residential planned development permit.
3. 
City Projects. Any project involving city property.
4. 
Referred Projects. Any project, other than single-family residential, subject to planning commission review, and individually or categorically made subject to design review by the planning commission or city council.
(Ord. 292 § 3, 1998; Ord. 407 § 1, 2012)
In order for design review approval to be granted, the following findings shall be made:
A. 
The design and layout of the proposed development is consistent with the general plan and any design criteria adopted for specialized areas, such as designated historic or other special districts, planned developments, master plans, or specific plans, or adopted for the project through conditions of approval or development agreements;
B. 
The design and layout of the proposed development will accommodate the functions and activities that are proposed for the property, will not unreasonably interfere with the use and enjoyment of neighboring property, and will not create traffic or pedestrian hazards;
C. 
The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and that all reasonable design efforts have been made to maintain the harmonious, orderly, and attractive development contemplated by this title and the general plan;
D. 
The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors and that it is aesthetically of good composition, materials, texture, and color that will remain aesthetically appealing with the level of maintenance that might reasonably be expected.
(Ord. 292 § 3, 1998)
The following materials are required for submittal of a complete application for design review. Items listed as requirements may be waived for projects of smaller scope by the director of community development or designee. For projects consisting solely of signage, the application materials need not exceed the review requirements set forth in the sign regulations ordinance.
All application materials shall be retained by the city to assure field compliance with design commission approval. Separately listed requirements may be combined if not detrimental to clear understanding of the proposal.
A. 
Design Concept Review.
1. 
A site or plot plan reflecting the proposed project, including existing and proposed topography, property lines and structures, and all recorded and proposed easements and public rights-of-way;
2. 
Elevation drawings at a scale of at least one-eighth inch equals one foot, with materials, colors, finishes, and critical vertical dimensions indicated;
3. 
A landscaping plan which shall accurately show:
a. 
Existing trees on the project site with a trunk diameter of six inches or greater at a height of four feet above grade, and/or having a vertical height from the ground level to treetop level of 15 feet or greater,
b. 
Species of all trees and their appropriate trunk diameter, height and condition,
c. 
Final disposition of all existing trees, and
d. 
The species, locations, and sizes of proposed vegetation;
4. 
Color photographs of the site and its surroundings;
5. 
The design commission may require additional materials for complete understanding of the proposal, including a three-dimensional scale model of the project site, onsite erection of a full-size mockup (either balloons denoting building corners or a story pole frame), perspective views, or such other graphic information;
6. 
Applicable fees.
B. 
Final Design Review.
1. 
Materials submitted at the design concept review, with such modifications as result from that review;
2. 
A materials and colors board, keyed to the elevation drawings;
3. 
Exterior lighting plan and specifications;
4. 
Landscaping irrigation plans;
5. 
Indication of all hardscape and exterior structures and amenities, including colors and materials.
(Ord. 292 § 3, 1998)
Applicants are encouraged to consult with planning staff as early as possible in the design process. Quality of graphic presentation need only be of the level needed to convey basic concepts.
A. 
Design Commission Review. The design commission shall review all applications for design review action as follows:
1. 
Design Concept Review. Design concept review is the opportunity for initial design commission response to the project. Topics of review include building massing and siting, circulation, facade composition and articulation, and open space design.
2. 
Final Design Review. Final design review includes review for compliance with conditions set forth in design concept approval, as well as more detailed concerns including materials, colors, lighting, detailing, and landscape/hardscape specifications.
3. 
Consolidated Design Review. An applicant may consolidate the design concept review and final review application materials and review meetings. In so doing, the applicant acknowledges the risk in preparing final review detail prior to design concept review. Consolidated design review is appropriate chiefly for projects of minor scope and/or minor visibility.
B. 
Coordination with Planning Commission Review. In cases for which planning commission action is required, planning commission review and action shall precede design commission review and action. Design commission review concurrent with planning commission review shall be used for those cases in which the director of community development determines that design considerations are essential to project analysis for the purpose of the planning commission action.
(Ord. 292 § 3, 1998)
All actions relating to design review shall be by a majority vote of the design commission members present and voting. The design commission may take the following actions relating to any application pursuant to this chapter:
A. 
Grant Approval. The design commission may grant approvals subject to such conditions as are deemed necessary to ensure that the findings required by Section 11.47.030 and all city development standards are met. Reasonable guarantees and evidence may be required that such conditions are being, or will be, complied with.
B. 
Recommend Approval. The design commission may recommend approvals or denials of projects in which the design commission's authority is advisory. It may also recommend such conditions as are deemed necessary to ensure that the findings required by Section 11.47.030 and all city development standards are met.
C. 
Refer Application. Any application subject to consideration of the design commission may be referred by such body to any subcommittee thereof, or to the director of community development for final disposition.
D. 
Continue Consideration. The design commission may continue consideration of an application.
E. 
Deny Approval. The design commission may deny an application. Any tie vote or other action that fails to receive a majority vote shall constitute a denial.
(Ord. 292 § 3, 1998)
A decision of the design commission may be appealed to the city council. Appeals shall be made in writing, and shall be filed, accompanied by a fee as established in Section 11.47.050 within 15 days of the decision being appealed.
(Ord. 292 § 3, 1998)
No final inspection or occupancy permit shall be granted unless the completed work complies with the plans approved and the conditions required by the approval authority, including colors, material, building design signage and landscaping.
(Ord. 292 § 3, 1998)
An approval granted pursuant to this chapter shall automatically expire if the use authorized by such approval is not commenced, or construction necessary and incident thereto is not begun on or before the time limit specified in such approval and thereafter diligently advanced, or, if no time is specified, on or before one year after the date such approval was granted. The approval authority may extend such time limit for good cause before its expiration. The director of community development may grant no more than one administrative extension of up to 12 months if the approved plans have not changed and if there has been no material change to the adjacent area.
(Ord. 292 § 3, 1998)
Failure to comply with a design review approval is a violation of the zoning code. An approval may be revoked upon failure to comply with any of the conditions or terms of such approval, or if any law or ordinance is violated in connection therewith. Notice and hearing shall be provided prior to revocation, in accordance with provisions of the zoning code.
(Ord. 292 § 3, 1998)
An application for design review may be initiated by application, or by the city council.
(Ord. 292 § 3, 1998)
All applications for design review shall be considered at public meetings. The design commission shall designate the time and place of the meetings. Public notice shall be provided as follows:
A. 
For projects involving more than signage and/or awnings, the applicant shall provide posted notice upon the project site not less than ten days prior to the meeting date, stating the project address, description, the place, date, and time of the public meeting, and the city's phone number. The posted notice shall be of a size and placement as required by the director of community development or designee.
B. 
For any project involving new construction of more than 1,000 square feet of floor area, posted notice as described in subsection A of this section shall be provided at least ten days prior to the meeting date. Additional public notice shall be provided in the form of two sets of address labels to be used by the city to mail notices to the owners of the properties within a 300 foot radius of all boundaries of the subject parcel, as contained in the most recent county assessor's records. A map indicating said properties, keyed to the list and indicating the 300 foot radius, shall also be provided.
(Ord. 292 § 3, 1998)
A. 
Advisory Authority. The design commission is advisory to the planning commission or city council as directed by the city council, consistent with the referred projects applicability as listed in Section 11.47.020(A)(u) of this chapter.
B. 
Binding Authority. The design commission is the final authority on any project requiring design review, except as follows:
1. 
Any project for which the design commission requires revisions to grading or site plan configuration as previously approved by the planning commission shall be subject to amended planning commission review as the final authority.
2. 
Any member of the city council may call the project to the city council for review and action on or before the day prior to the city council hearing date following the design review board action. A project called up for city council review and action will be considered at the next city council meeting occurring not less than five days after the city councilmember has called the project for review. Planning staff shall distribute to the members of the city council the materials describing the project and its approval in order for the city council to determine its disposition to review the project or to waive such review.
C. 
Limits of Authority. The design commission may not:
1. 
Authorize work which is prohibited by the zoning code; or
2. 
Determine the location or appropriateness of land uses if such uses comply with applicable zoning provisions.
D. 
Delegation of Authority. The design commission may, by resolution, delegate its authority to:
1. 
A subcommittee consisting of no more than three members of the board for specified review of an aspect of a project, an entire specific project, or a category of projects or aspects thereof; or
2. 
The director of community development for types of minor development.
(Ord. 292 § 3, 1998)
A. 
The design commission shall consist of five members to be appointed by majority vote of the city council. One member should be an owner or manager of a business within the city; said business member need not reside in the city. Aside from the business member, if any, all members shall be city residents. At least one member should be licensed in the state of California as an architect, or retired from that status. At least one member should be professionally qualified in horticulture or landscape construction, with preference toward a member licensed in the state of California as a landscape architect, or retired from that status. At least one member should be qualified in a related field, including but not limited to urban planning, urban design, graphic design, historic preservation, industrial design, interior design, building construction, or real estate development.
B. 
Members shall receive a stipend as adopted by resolution of the city council, which may be amended from time to time.
C. 
The terms of office of members shall be established and set forth by resolution of the city council, which may be amended from time to time. Members shall serve until subsequent appointments are made.
(Ord. 292 § 3, 1998; Ord. 479 §§ 2, 3, 2019)