Chapter 18.415
DESIGN AND SITE REVIEW
Sections:
18.415.040 Discretionary review authority.
18.415.060 Design review board.
18.415.075 Ministerial design review.
18.415.080 Discretionary design review criteria.
18.415.090 Discretionary review.
18.415.100 Discretionary decision and findings.
18.415.110 Post-decision procedures.
18.415.010 Purpose.
This chapter establishes standards and procedures for design and site review. The purpose of design and site review is to recognize the interrelationship between the appearance of open spaces, buildings, and structures in order to ensure the orderly development of the city, the stability of land values, and the construction of structures, additions, or alterations with proper attention to the harmony, compatibility, and aesthetic quality of site design, architecture, landscape architecture, signs, and engineering. [Ord. 23-7 § 9 (Exh. B); Ord. 17-2 § 2 (Exh. L); Ord. 12-4. DC 2012 § 122-901].
18.415.020 Applicability.
A. Design and site review shall be required for all of the following:
1. Prior to construction, use or alteration of any building, structure, or sign;
2. Prior to substantial alteration of any landscaping or site topography;
3. Prior to any new tenant improvement subject to the provisions of Chapter 18.535 CDC (Nonconforming Physical Improvements/Property Upgrades);
4. Prior to construction or alteration of any new parking lot improvements or alteration to existing parking lots including circulation, layout, or dimensions;
5. Prior to the approval of a sign plan or master sign programs pursuant to Chapter 18.180 CDC (Signs);
6. Prior to any improvement on property adjacent to or including a creek as defined in CDC 18.305.020;
7. Prior to the use of a lot for any storage or staging purposes;
a. New single-family dwellings within a proposed minor or major subdivision;
b. Any addition resulting in a single-family dwelling with an FAR greater than 30 percent;
c. Second-story additions where the area of the second floor portion is 40 percent or more than the area of the original structure located on the second floor, or second stories that are set back less than 10 feet from a side property line; and
d. New single-family dwellings and additions to existing single-family dwellings on sloped lots, subject to the requirements in Chapter 18.300 CDC (Hillside Protection);
9. Prior to the installation of pavement on any portion of a lot;
10. Prior to any other site improvement that requires further review in order to determine compliance with the development code or other city ordinances, except for one single-family dwelling or accessory dwelling unit on a single lot or parcel; and
11. Residential projects that do not meet objective design standards that would otherwise be eligible for ministerial approval under state law or the Concord Municipal Code.
B. Design and site review approval of plans, pursuant to this chapter, shall be required prior to the issuance of any construction permit, including building, encroachment, grading, demolition, or other permit.
C. Design and site review approval is required in addition to all other planning permits or approvals required by the development code.
D. All departments of the city vested with the authority to issue permits or licenses shall conform to the provisions of this chapter, and no permit or license for uses, buildings, or purposes shall be issued in conflict with the provisions of this chapter. Any such permit or license issued in conflict with the provisions of this chapter shall be invalid. [Ord. 23-7 § 9 (Exh. B); Ord. 17-2 § 2 (Exh. L); Ord. 13-5; Ord. 12-4. DC 2012 § 122-902].
18.415.030 Exemptions.
The following improvements are exempt from design and site review:
A. The continuation of a previously approved or permitted use and structure;
B. Individual tenants within a multi-tenant commercial building or commercial center that has not been more than 50 percent vacant for a continuous period of over one year when the use is consistent with a previously approved use permit or other discretionary permit;
C. Projects that do not require a building permit, including accessory buildings less than 120 square feet in area;
D. Additions and alterations to individual existing residential dwellings and structures that do not increase the floor area of the building or total building footprint by more than 50 percent over a three-year period, which are not subject to the requirements in Chapter 18.300 CDC (Hillside Protection);
E. Exempt signs, as identified in Chapter 18.180 CDC (Signs);
F. Individual signs conforming to a master sign program approved in compliance with Chapter 18.180 CDC (Signs);
G. Individual signs replacing existing legal signs where the new sign is smaller or the same size as the existing sign and complies with Chapter 18.180 CDC (Signs);
H. Temporary structures or buildings which are intended to be and are used in connection with an approved temporary use such as the sale of Christmas trees or pumpkins in accordance with this division, and that remain on the site only for the temporary period specified for such use;
I. Single-family homes except as identified in CDC 18.415.020(A)(8);
J. Accessory dwelling units unless required by CDC 18.200.180;
K. Any future state law or city regulations that require ministerial approval for residential or mixed-use projects;
L. Emergency shelters and group housing, including single-room occupancy (SRO) developments that comply with applicable objective design standards;
M. Residential development projects that conform to objective design standards;
N. Residential development on sites previously identified in past housing elements in which at least 20 percent of the units are affordable to lower income households in accordance with the specification of Government Code Section 65583.2(c), and which conform to objective design standards; and
O. Residential development eligible for ministerial approval under the California HOME Act (SB 9), Government Code Sections 65852.21 and 66411.7. [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-903].
18.415.040 Discretionary review authority.
Discretionary design and site review applications shall be approved as follows:
A. Planning Division. The planning division shall be the initial review authority for design and site review. The planning division may refer the application to the design review board, zoning administrator, or planning commission for review and approval.
B. Zoning Clearance. Improvements to existing properties such as painting with a similar color scheme, window replacement, or minor storefront changes may be approved by staff with a zoning clearance and shall not require a separate design and site review application.
C. Administrative Design and Site Review. Minor projects/improvements that do not require other discretionary permit approvals and where the planning division determines that the project will not substantially affect the property rights of owners or adjacent parcels may be approved through administrative design and site review, with or without review by the design review board, as determined by the planning division. Examples of minor projects/improvements include:
1. Minor additions to existing multifamily residential buildings that are not exempt under CDC 18.415.030;
2. New occupancies in existing nonresidential buildings when the property is in conformance with the development standards applicable to the property;
3. New occupancies in existing nonresidential buildings when the property is not in conformance with the development standards applicable to the property where the project includes plans to substantially upgrade the exterior of the building and/or makes significant upgrades to landscaping, parking areas, and other site improvements;
4. Minor additions and alterations to nonresidential buildings that are not in the core downtown area or on prominent streets or gateways throughout the city; and
5. Master signage programs that meet the city’s sign ordinance requirements for maximum size, height, and number of attached and freestanding signs.
D. Other Discretionary Approvals. Design and site review applications shall be considered and acted upon concurrently with any associated planning permit, such as an administrative permit, minor or major use permit, variance, minor or major subdivision, planned development use permit, or hillside development permit.
E. Referral. The planning division may refer any application for design and site review to the design review board if there are significant concerns with the proposed design.
F. Recommendation. The design review board shall recommend approval or denial of a project to the appropriate review authority, with or without conditions of approval.
G. Decision. When the design review board makes a recommendation for denial of a project or recommends a condition of approval that is not acceptable to the applicant, the decision shall be referred to the appropriate review authority. For administrative design and site review or projects typically reviewed by the zoning administrator, the planning division may refer the project directly to the planning commission for a public hearing and decision, in accordance with Chapter 18.500 CDC (Public Hearings). [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-904].
18.415.050 Application.
Applications for design and site review shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the design and site review checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-905].
18.415.060 Design review board.
This section describes the process for projects that are reviewed by the design review board (DRB). The DRB has the authority to revise this procedure as necessary in order to facilitate the resolution of project issues and to avoid unnecessary hearings. Alternative procedures could include consideration and approval of projects in a single meeting, holding a single or multiple study sessions, or appointing a two-person subcommittee to work with the project design team outside of the regularly scheduled DRB meetings. When an alternative procedure is used, the project recommendation shall require final action by the full DRB at a regular DRB meeting.
A. Conceptual Design and Site Review. Conceptual design and site review is a part of the preliminary application review process. When required or requested, this process provides general comments and direction to applicants prior to submitting a formal application. Plans are not expected to be complete or fully detailed. The board provides comments on the design concept, massing, bulk, site plan layout and function, building orientation, preliminary elevations and architectural style, adequacy of landscaped areas and site amenities, and the integration of stormwater requirements into the site design.
B. Preliminary Design and Site Review. Preliminary design and site review is scheduled after a formal application has been submitted with detailed project plans that are either complete or nearly complete, as follows:
1. Staff reviews projects that have been through conceptual design and site review for conformance with the board’s initial comments;
2. Staff reviews new projects for compliance with the development code and any applicable design guidelines and provides a recommendation to the board;
3. If the board’s recommendations require a significant alteration to the plans or a significant project redesign, a subsequent preliminary design and site review meeting will be required;
4. When the board is generally satisfied with the project design but needs additional plans or details to verify the project design, the board recommends resubmittal of plans for final design and site review approval; and
5. When a project scheduled for preliminary design and site review has incorporated the board’s comments from conceptual design and site review, and complete plans have been submitted, the board may approve the project without an additional meeting for final design and site review.
C. Preliminary/Final Design and Site Review. A project scheduled for preliminary design and site review may be approved without a subsequent final design review hearing, if:
1. All of the project details required in the application checklist for final design and site review have been submitted; and
2. The board has only minor comments which will not affect the overall design of the project nor require further review.
D. Final Design and Site Review. Final design and site review is a review of plans submitted in response to comments made by the DRB at preliminary design and site review and typically includes additional project details. If the board is satisfied that the project plans meet the applicable design and site review criteria, the board “recommends approval” to the applicable review authority. The board may make their recommendation with or without conditions of approval. [Ord. 23-7 § 9 (Exh. B); Ord. 13-5; Ord. 12-4. DC 2012 § 122-906].
18.415.070 Scope.
The scope of design and site review shall include, but not be limited to:
A. Building proportions, massing, and architectural details;
B. Exterior colors and materials as they relate to the overall appearance, one another, and surrounding development;
C. Site design, orientation, and location of buildings, relative to existing structures on adjacent property, location of the site, topography, and other features of the natural and built environment;
D. The size, location, and arrangement of on-site parking and paved areas;
E. Grading of property;
F. Height, materials, colors, and variety of fences, walls, and screen plantings;
G. Location, type, and design of landscaping, including selection and size of plant materials, hardscape, street furniture, and irrigation;
H. The size, location, design, color, number, lighting, and materials of all signs;
I. Location and screening of above-ground utility structures and equipment; and
J. Any other features identified in applicable city-approved design guidelines. [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-907].
18.415.075 Ministerial design review.
For projects subject to ministerial design and site review as required by state law or the Concord Municipal Code, the review authority for the project shall be the planning division. The decision to approve or deny the project shall be based on the project’s conformance with the applicable objective development and design standards, or other basis for denial provided for in state law. [Ord. 23-7 § 9 (Exh. B)].
18.415.080 Discretionary design review criteria.
Design review recommendations shall be based on the following criteria and any other applicable design guidelines:
A. The building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.
B. The design is compatible with the historical or visual character of any area recognized by the city as having such character.
C. The project design preserves major view and vistas along major streets and open spaces and trails and enhances them by providing project amenities.
D. The proposed lighting and fixtures are designed to complement on-site buildings, are of an appropriate scale for the development, and provide adequate light for safety and security while minimizing glare.
E. All mechanical, electrical, and utility equipment is located, screened, or incorporated into the design of the buildings so as not to be visible from off site, and screening devices are consistent with the exterior colors and materials of the buildings.
F. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, enhances the appearance and features of the project site and surrounding natural and built environment.
G. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.
H. The architectural details, colors, materials, and landscaping are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.
I. The project is compatible with neighboring development in the same zoning district by avoiding large differences in building scale and character and provides a harmonious transition between the proposed project and surrounding development.
J. The project creates an attractive and visually interesting built environment with a variety of building styles and designs, well-articulated structures that present varied building facades, rooflines, and building heights within a unifying context.
K. The landscaping is compatible with and enhances the architectural character of the buildings and site features, and blends with the surrounding landscape. Landscape elements complement the buildings and rooflines through color, texture, density, and form. Landscaping is in scale with on-site and off-site buildings, and plantings have been selected and located to avoid conflicts with views, lighting, infrastructure, utilities, and signage.
L. Stormwater treatment areas have been integrated into the landscape design.
M. New construction does not need to match existing surrounding development or buildings; however, the design shall complement or enhance existing development. [Ord. 23-7 § 9 (Exh. B); Ord. 13-5; Ord. 12-4. DC 2012 § 122-908].
18.415.090 Discretionary review.
Design and site review shall be approved when it is determined that the proposed improvements conform to all applicable development and use standards including the following:
A. The interrelationship between the orientation, location, and elevations of buildings and structures and site improvements are mutually compatible and aesthetically harmonious;
B. The orientation, location, and elevation of the buildings and structures and site improvements are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood;
C. Landscaping, irrigation systems, walls and fences, or features to conceal outdoor activities, utility enclosures, and trash facilities meet current requirements or provide a significant upgrade and improvement to the site and the appearance of the neighborhood; and
D. Parking, pedestrian access, and traffic circulation are adequate or improved for all modes of circulation. [Ord. 23-7 § 9 (Exh. B); Ord. 13-5; Ord. 12-4. DC 2012 § 122-909].
18.415.100 Discretionary decision and findings.
A. Decision and Findings. The review authority shall consider the recommendations from the design review board and may approve, conditionally approve, or deny the application after finding that:
1. The project is consistent with the general plan;
2. The project meets the relevant criteria in CDC 18.415.080 (Discretionary design review criteria); and
3. The project overall reflects design principles and/or incorporates design features that are consistent with applicable design guidelines adopted by the city council that are in effect at the time of approval.
B. In approving a design and site review, the review authority may impose conditions of approval as deemed necessary to:
1. Ensure that the proposal conforms to the general plan and other applicable plans or policies adopted by the city council; and
2. Ensure that the proposal meets the requirements of the applicable zoning district, applicable provisions in the Concord Municipal Code, and other standards in the development code. [Ord. 23-7 § 9 (Exh. B); Ord. 17-5 § 2 (Exh. G); Ord. 13-5; Ord. 12-4. DC 2012 § 122-910].
18.415.110 Post-decision procedures.
The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for design and site review. [Ord. 23-7 § 9 (Exh. B); Ord. 12-4. DC 2012 § 122-911].