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HomeMy WebLinkAboutPA2001-012 Ah 'CITY aT NAORT BEACH Hearing ate: August 3, 2000 P to k B COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: PLANNING DEPARTMENT Staff Person: Patrick J. Alford X moo NEWPORT BOULEVARD (949) 644-3235 ----" NEWPORT BEACH,CA 92658 r �oa. (949)644-3Z0;FAX(949)644-5250 REPORT TO THE PLANNING COMMISSION SUBJECT: Development Plans SUMMARY: A resolution of intent to amend the Zoning Code to require development plans for large commercial and residential projects, ACTION: Adopt resolution of intent to revise Chapters 20.00-20.40, 20.42-20.46, 20.55, 20.60, 20.65, 20.67, 20.90, 20.92, and 20.96 of the Zoning Code to establish new development plan procedures. Introduction Over the past several months, the Planning Commission has expressed interest in expanding the site plan review process to include other types of projects. During the hearings on The Shores project, for example, the Planning Commission noted that if not for the proposed subdivision map, there would have been no review of the site and architectural design of that project. Furthermore, the Planning Commission has delved heavily into design issues on use permits for non-residential projects, such as Auto Bistro,Harbor Day School, and Jiffy Lube. Addressing design-related issues through the use permit process has its limitations. Use permits are for land uses having unusual site development features or operating characteristics that may require special conditions. Consequently, any conditions attached to a use permit must have a reasonable relationship to such features or characteristics in order to be valid. To .illustrate, it would be appropriate to place conditions on the signs of a drive-through restaurant, because this land use typically has more signs (directional signs, menu boards, etc) resulting in a greater potential for visual impacts. However; it would not be appropriate to place conditions on the signs of a conventional restaurant unless it could be demonstrated that special sign controls bear some reasonable relationship with the effects of the restaurant. The Site Plan Review procedures of the Zoning Code are intended to address design-related development issues. However, use of this process is extremely limited. Currently, the only projects that are subject to site plan review are projects located within areas where a specific plan is proposed but not yet adopted (i.e., Corona del Mar strip commercial and adjacent residential) and projects within a Site Plan Review (SPR) Overlay District. Furthermore, the Zoning Code restricts the use of the SPR Overlay to sites with significant environmental constraints, such as steep slopes, coastal bluffs, public viewsheds, high noise levels, and sensitive habitats. Currently, only one bluff lot in Corona del Mar is classified with the SPR Overlay District. • • Staff believes that an approved procedure is needed to review projects with design-related issues. Furthermore,this need will become more pronounced should the City adopt design guidelines,such as those being proposed for Mariner's Mile. Analysis The proposed amendment would revise Chapter 20.92 of the Zoning Code to replace Site Plan Review with a new procedure that would require development plans for projects that meet the following thresholds: 1. Residential projects involving the construction of 5 or more dwelling units. 2. Non-residential projects involving new construction of 10,000 square feet or more;additions exceeding 25 percent of the existing floor area; or new development on a site of 2 acres or more. 3. Any project subject to the California Environmental Quality Act (CEQA) for which either a mitigated negative declaration or an environmental impact report is required. These thresholds can be modified (increased or decreased) through the adoption of development review procedures in a specific plan, overlay district,or Planned Community District development plan. However, if an existing specific plan, overlay district, or Planned Community District development plan does not contain any development review procedures, then these thresholds would apply. The Planning Director would have the authority to waive the requirement for a development plan for public works projects or projects that involve only minor alterations,addition, or replacement to an existing structure that is in conformance with a previous approval. The authority to approve,conditionally approve,or disapprove development plans would rest with the Planning Commission,unless the authority is specifically assigned to the Planning Director in a specific plan,overlay district,or Planned Community District development plan. Other changes to Chapter 20.92 include minor modifications to the development standards, the inclusion of required findings,and clarification of the administrative procedures. The development standards (Section 20.92.030)were updated to reflect existing General Plan policies and standard for signs has been added. The required findings reflect the need for consistency with the purposes and standards of the chapter, consistency with the General Plan and other City polices, and compatibility with existing and potential development on adjacent properties and the surrounding area. The revisions to the administrative procedures relate to those instances when the authority to approve a development plan is assigned to the Planning Director by a specific plan,overlay district, or Planned Community District development plan. The amendment would also revise Chapter 20.55 to replace the SPR Overlay District with a new Development Review (D) Overlay District. Currently, the SPR Overlay District can only be applied to areas with very specific environmental characteristics. The intent is to Development Plans August 3,2000 Page 2 make this chapter more generalized so that it can be applied to address a number of design- related and environmental issues. For example,this overlay could be applied to the Balboa Peninsula to implement the sign guidelines and regulations being considered for that area. The revisions to the other chapters of the Zoning Code (20.00-20.40, 20.42-20.46, 20.60, 20.65,20.67,20.90,and 20.96)reflect the proposed nomenclature changes. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J.ALFORD Planning Director Senior Planner pay ' Attachments: 1. Draft Zoning Code Chapter 20.92. 2. Draft Zoning Code Chapter 20.55. 3. Draft resolution of intent. Development Plans August 3,2000 Page 3 • Page 20.92-1 &fie)Jeylopmett Plan^' CHAPTER 20.92 DEVELOPMENT SITE PLAN - " Sections: 20.92'.010 Purpose 20.92.020 Projects Requinn A Dvelopment Plan Review 20.92.030 Standards 20.92.040 Application for She A"Develcptrien Plan-Revte, 20.92.050 Duties of the Planning Commission and thy.Pammfig erector 20.92.060 Required Findings 20.92.070 Conditions of Approval 20.92.080 Notice and Public Hearing 20.92.090 Expiration, Time Extension, Violation, Discontinuance, and Revocation 20.92.100 Amendments and New Applications 20.92.110 Rights of Appeal and Review 20.92.010 Purpose The City Council finds,determines and declares that toe establishment of site >reveopment plan review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that: A. Development of properties " +�r ^'���'�;w,„'� ��+^+�^^^£^r�is cons- AIM , a. ... ,v speei€re General Plan er-cpe^ifi^„'^n a.ss+ ieet ob'ectives -ffid policies]and pJ. .... s. x B. Sirlae � aestiet2cs,design compatibility end htguity s� pl arhiered - .,., C. The value of property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area. D. The benefits derived from expenditures of public funds for improvement,acquisition and beautification of streets,parks, and other public facilities are maximized by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. 00/00/00 • 9 Page 20.92-2 Side Development Plans-� E. Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. 20.92.020 Projects Subjeet to 8 Aequ�aring A'Develvpmez t Plan mew A. Siie A'`clevel©pment plan Epp al shall be required r to the issuanee of building gross Peer-afea by 50 per-eent of 2>500 squafe feet w4liehevef is less, r-eefl ne or height,for the following pro's t5s: l. Residential Projects SResrdential pra}ects invalvin the eanstructzozrof 5 or mare r,,.... dwelling its: 2. Dori-Residential Projects Non resiclential projects fnyalving stew canstructcih of.,.1.(1t0(10 quarefeet cirmore, adclitrons°exceeding 2 "percent cfthe exist�nb floor area,dor.new,development oni a site of 2 acres o�more: 3. to CEC?A` All prti ects subJect to, the Calif. nia nvkonme'nW C ual�ty*Act CEQA 'k which either a mitigat d'rYe at ve;dediiration'or an envrronrnental impact rcportis regred 4. Specific Plans. Projects invdlvrng .a new structure or em,§ it g building to be recortstructed or rem©`deled to zncrease, e gross for area b 5(1 percent or 2 5(30 _., square feel whichever r leyam ss for mere e the roollrne or hei�within the areas s.r.. : designated on the Land Use p1m1lernent of the General Plan for the development of a specific plan, for which a specific plan has not been adopted. Exce tion: Site Development plan review shall not be required for construction or alteration of a single-family dwellings or 4uplexes a two-f-, dw,l' rn in any residential zone where such development is consistent with the land use designation of the General Plan. 5. SP4�1), Overlay District. Projects within a SPR D overlay district. 6. Establishment of Grade Prci ects ;equirin� the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.65.030 (B-3). 7. Other- Pr-ej eets. Pr-ej eets whieh have been designated for- site pl—. -a e8nditieR Of ppfe "t fef a FeSiAbdiViSiOR OF tfaet Map-bty t e D 00/00/00 t • Page 20.92-3 94e Development Plans4:4ew Commission E)r City Cokineil. However-, ne site-shall-h ft + established i se tier 20.55.030, B. t Oip al rlrty t Specific Plans,Overlay Districts and-1'C I3istncts Any development review Procedures,'including the types.of projectsiJ requiring a developmentplan and the':extent`of.design review, established'by a� specific plan, overlay`district, or, Planned Community District development plan shall supersede the requiremerits of this chapter. C. Waiver The Planning Director may waivethe requrrements'afthis section far public works projects or if the project; involves only'minor alterations, addition, or replace entto an existing structure or.is iii conformance with a previously approved development plan, use permit, variance; modification permit,_or;other equivalent approval... 20.92.030 Standards In addition to the general purposes set forth in Section 20.92.010,in order to carry out the purposes of this chapter as established by said section, the site development plan review procedures established by this section shall be applied according to and in compliance with the following standards, when applicable: A. Sites subject to site development plan review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas;trees and shrubs shall not be indiscriminately destroyed; suff ounding sites and shall not be Eletfiffienta4 to the er-Eler-ly and hafine p , ' p , hiB. The rte n'te ar gh quality aid appearance that will enhance and:be compatible with the character of the surrounding_area. C. Development shall be sited and designed to maximize protection of public views, with special consideration given to views from coakaf views identified in.the Local Coastal.:Fir.6 a,m and public view parks and from Feadways designated as S e"'e u;g,,wa. is ,R S,.enie O-iye i scenic roadways.and scenic dnve rdent fled l the Recreation and Open Space Element of the General Plan; 00/00/00 • Page 20.92-4 Site Develapiii Plans44v}ew D. Environmentally sensitive areas shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impacts; E. No structures shall,be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impacts; F. Residential development shall be permitted in areas subject to noise levels greater than 60 dB CNEL only where specific mitigation measures will reduce noise levels os;a o., os to 4 G (`NETor-lesstO be GQn5lstentw�th nolSe level pcic7es of the Noise n r ... Element cif the General Plan; .... :. . G. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development; these paheies and objeetives; H. Asgns all be arch� ecrallyntegrat'ed wtth theme surrcuz�dm�g Jntternsof srze shape, dolor,:textur���xnd IrghtingF so��hat they' are �omplementar�to�the'Qverall d slgn dthe'buding, I. Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources; J. When feasible, Electrical and similar mechanical equipment and trash and storage areas shall be concealed; K. Archaeological and historical resources shall be protected to the extent feasible; L. Geffiffie Ilan-'res den ini development shall not have significant adverse effects on residences in an abutting residential district. 00/00/00 • Page 20.92-5 &ite 5 joorm*Plan^ 20.92.040 Application for Site Development Plan Review An.applicat ion for a deyj pm, 'plan,shall be`fi, . r consistetnuhhery mnts contained in Ghap>er 20 90 Application Filing and Fees A. Pr-eee"-�. An appheatien fer- site plan review shall be filed in a fnaflRef eE)Hs B. Required Plans and Mate6als. The follewing plans and Eliagr-ams shall be siabmit4ed the �V to e Planning r, f,.n.niss;en r , nl z 4. n plot pla d ., + nl showing the affangement fb,,,il.di„ dri, ayspeElestfianways, off street pafking and eg street leading areas, landseap F a a4 The 1 t plan hall show the 1 nti., F �cir��-��nT-zc�iccri�ani�—rrxcFrQc�zrtrr�nurr�rrvdo crr�rov.�... b i.n.liente how utility anal drainage a to be n ,;.deal 2 n landseape plan, .dr to ale showing the locations of existing trees pfopese.d to be r-eineved and pr-opese.d to be retained; and ;nd . i tL v ametn+ t and le .,t' o .,n,ds e,d _ nnt DTP � f l s� planting beds and p! Site and te b showing > > , intensity and rel.,tiansb.in to s,-1 eent streets and n efties J ele .tie e f the pr-epese.d b.. 'l.dings and stru et.,fes s the 411 anon nOmnl eti en plans,6. Any other- 7 vvicz the pufpeses of this ehapter,„tb,r 20.92.050 Duties of the Planning Commission and the-ktann rag D recfoir A.. Author"' T1Ze Planning Commission shall approve, condition ally .approve, or w disapprove.; applications for development puns, unlesst the authority for 'an administrative decision on; a development plan is specifically assigned to the 00/00/00 �- Page 20.92-6 "D *e�e Developin�nf Plan-�-r�w Planning Director in a specif c plan;"overlay district,or Planned Community District development plan: ixce"ttri: Theiy"Council`shall have finaldecisianalig authority on the applications for development pians"filed concurrently=with amendments to-thegeneral plan,"zoning code,'cir a planned conimi ity=develdvni tplan or"with a development agreement: B. Rendering of Decision" "After thee;ec7nelusion of the bearing on any application for a development plan,,th Planning Conunission shall'render a decision wit'fi'35 days: Where,the"aiitl ority.for an administrative decision 6m a deyelopmentplan is assigned to the Planning Direct9t;the Planning°Director shall render"a decisionwithin 35 days of'the acceptance of a complete application. Cl " Report:ta the Plannii : Commission "T1pon rertdenng a decisioivon a development plan or on the;waiver°of a developneritplan,the Planr�ng Director shall report to the Plann�n Corninission atthe nextregularmeettng or;withn'14"days oftle decision whtche�er is.appropnate.., 1). I�Iottce`cif Decision: "Ipcin;the rendering of a decision on'a development plan,a notice of the`deetsion shall be mailedto the'applicant A. if all applieable standar-Els established by this seetion are met, the Commission shall appr-eve the development. Conditions may be applied When t as t b-inn said devel...,nen4 i ten f,.mity f-or- site plan review filed eeneuff efAly with afnendfneti4s 1E) the bplan, > or-a planned eemmunity development plan ef with l `v'v . n development n „t i cz � Stan daMs that n t met. 2092.060` 'Required'Findings The Planning Commission or the Planning"Director;"as the case:may be, `shall; approve or conditionally approve an application for a development plan if,on the basis of the:applications plans, materials;,andtgstihI' -subriiitted;"the ing Plann Gomffiission'or,the Pl*�i mg'=Director"`finds: 1. That the development plan s'consistent with the purposes and nstandards`of this chapter and,the purposes of the district in which it is located. 00/00/00 iPage 20.92-7 &e DeveR pmenl Plan e ex 2. That<the' deveopmentplan is consistent wzth the Geterl Plan any appiicailspecific plant, )°lann d Community District deueloprz ent plan,yr esig-n gutde .nes,,, 3. That;the development plan is compatible with existing and pateritialy devOpment,Qn ad�oityng pi opertzes or in the surrounding area 2092 0'70 Conditions of Approval The.Planntng CQmrnission or t1ie.Planning Director,as the casd:may..be,mayunpose such°cci ditivris in connection with the granting of a development plan as they\deeni'necessary to`securevthe purposes of this code and may zequire,guarantees and evidence that such conditions are being or will be d i corriplied'wktli„ 20.92.080 Notice and Public Hearing A. Public Hearings. A public hearing shall be held on all site development plan reie applications.Public hearings are n6tre4u red far applicahoits where the authority for ad','adM"i strative decision on a:-deueldprri nt plan is assigned' to the�4Planning Director:' , B. Required Notice. Notice of such hearing shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing organ administrative decision, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of owners as required by this section. b. Nonresidential Districts. At least 10 days prior to the hearing oran administrative decision, notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights-of- way and waterways,of the boundaries of the site,as shown on the last equalized assessment roll or, alternatively,from such other records as contain more recent addresses. It shall be the responsibility of the 00/00/00 Page 20.92-8 &te Devel6pmet Plane applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing 06� an adznin stra iue decision. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least 10 days prior to the hearing or adm*tratzve decision. C. Contents of Notice. The notice of public hearing or the deczzort of the Ping D recta r shall contain: .Direct . 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing or ,the pz h rtenaedisiori; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard at the ,:4 J, heanng.o their nght caf aPpeaT,zn tYze case o€ .. m adznzn�stratzve"�deczs�on . D. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.92.090 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any site deveoitent plan r-evie granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 00/00/00 • Page 20.92-9 s4e Plane-R .;z.� 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required,the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a site devefopment plan FeView for a period or periods not to exceed 3 years. An application for a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of Terms. Any see dev'elop enl plan review granted in accordance with the terms of this code may be revoked if any of the conditions or terms of sueh site duel©grnen> plan revi&vA are violated or if any law or ordinance is violated in connection therewith. D. Discontinuance. Any site development plan review shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.92.100 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a site dveapnerit plan r-evie , or a change to plans that would affect a condition of approval, shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval,and are consistent with the intent of the original approval. B. New Applications. If an application for a site develQpmexit plan revieA is disapproved, no new application for the same, or substantially the same, the site devele�Zneii> plan review shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 00/00/00 0 Page 20.92-10 Site Plan^ 20.92.110 Rights of Appeal and Review A. Appeals and Review. Dsionsa #die ? annng Da�€ecfc�rnae�appeled bat intersttpart #z�thPizcri Decisions of the Planning Commission may be appealed by any interested party to the City Council. B. Calls for Review. Thy P anning Commission rna� revxevu any decision of zffie Plannrng Dtrec#or The City Council may review any decision of the Planning Commission. C. Procedures. Procedures for appeals and calls for review shall be as prescribed by Chapter 20.95: Appeals and Calls for Review. 00/00/00 Page 20.55-1 ,WR b Overlay District CHAPTER 20.55 SPR D DEVELdPMEN'r REViE OVERLAY DISTRICT Sections: 20.55.010 Purpose 20.55.020 Districting Map Designator 20.55.030 Applicability 20.55.040 Site-Plan Review Required 20 45Q Develcipznent Review Oveilay,Dstrkcts 20.55.010 Purpose The City Council finds that developments in certain sensitive areas may have potentially adverse effects on the surrounding area or on sensitive resources,or may interfere with the implementation of speei€ie goals; objectives, policies;atic prog s of the �'oner-a P " � -, r�a Eli-stfiets. The effect of this section is to establish a "cite Plan Review" !C� Develcipmertt (D) Overlay District and to require site design plan review by the Plawi ng Gan:,,,issie for any proposed development, except as provided in this chapter, within an SP al) Overlay District to insure that the project conforms to the City's goals,po11c%es objectives, ancl progran?s �r+''� Toro~�' 20.55.020 Districting Map Designator The SP-R 1 Overlay District may be combined with any base district.Each SPR D Overlay District shall be shown on the Districting Map with an—SPR" ' designator, a r6� —'d and ditnti ied sequntlaika ordezof actment and reference ©'t eatiritnan ' 20.55.030 Applicability No site shall be placed in the SP4 D Overlay District unless one of the following criteria is met: A. The site contains areas having a slope in excess of 26.6 degrees (50 percent slope). B. The site contains or is immediately adjacent to coastal bluffs. C. Development of the site has the potential to affect public views. f Page 20.55-2 SPR D Overlay District D. The site isrt axe�iorhrchte City brasdoplestngu�tdeftes E. Development of the site has the potential to affect environmentally sensitive areas including: 1. Areas supporting species which are rare,endangered,of limited distribution, or otherwise sensitive. 2. Riparian areas. 3. Freshwater marshes. 4. Saltwater marshes. 5. Intertidal areas. 6. Other wetlands. 7. Unique or unusually diverse vegetative communities. F. The site is located in a geologic hazard area, as described in the General Plan. G. The site is in a residential district subject to noise levels greater than the 60 Community Noise Equivalent Level (CNEL). H. The site contains significant historical or archaeological resources or is in an area of unique historical or archaeological interest. I. The site is immediately adjacent to a thoroughfare designated as a scenic 14ighway row or scenic drive in the Recreation and Open Space Element of the General Plan. J. The site is immediately adjacent to the ocean or bay. K. The site directly abuts a residential district,but is located in a district designated for nonresidential use. L. A density bonus is proposed, or has been granted, for the site. 20.55.040 Site Plan Review Required Pr-ejeets shall Y-equife site plan feviem, ander- the provisions of Seetion -20.9-2.020.1 Development review procedures,tnclichng the types of praj ects sub}act tcidvelogment reuze `end the e�ctertt of de�veloprnent re��ew�sll be�estabhshedyb�the�eac}ty0(�verl�ay�District� .__ �,.� .. ., vu.,_. Page 20.55-3 &PR Overlay District 20 S�.USU Development O�erIay Disidets A. D 'aos Szgii ©verlay). 1. The pr"visions of this section shall apply to the areas,cussed as (Baboa Sjgn ,Cvertay District on the Dstnctirtg Map: 2. Pape Development Re ula, ons All on sate nc�n resident s ;'srgns shah e ruble t to the°reVlations earitauzed the Balboa �gn Q3verlay adt ptec Ordinance 2000- on , 2000r, B. D (Marine s Mile Design Framework: . RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DEVELOPMENT PLANS FOR LARGE COMMERCIAL AND RESIDENTIAL PROJECTS WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the Planning Commission to adopt a resolution initiating amendments to the Zoning.Code of the City of Newport Beach; and WHEREAS, the Planning Commission intends to initiate an amendment to revise Title 20 of the Newport Beach Municipal Code to establish new development plan procedures. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach to initiate an amendment to Title 20 of the Newport Beach Municipal Code to establish new development plan procedures. ADOPTED this 3rd day of August, 2000, by the following vote, to wit: AYES NOES ABSENT BY Edward Selich, Chairman BY Steven Kiser, Secretary, Secretary 1 City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX where any of those findings, lack of significance or new significance was at least possible or mitigation measures not able to be complied with or deemed adequate, then we would not be able to find that the project was substantially similar to that approved through its environmental process. We would have to come back for some modifications. The only other way to get a hard site planning type review on a project of this nature would be to actually require some subsequent review of the final plans before permits are issued. The next item on the agenda, a process similar to that could be required in the PC text and then the project would come back with the final details. You can't conditionally zone, so you would have to make additional provisions in the PC text specific to this site that staff would then review the plans for compliance with. Commissioner Tucker stated that he understands wanting the consistency between the two projects, but really the parking structures are completely different with the Conexant one sitting out close to the street and the Kolb Center big parking structure is kind of buried behind everything. The little parking structure is the one that is right where we want to make sure that the appearance remains pretty much as it is today. Public comment was closed. Motion was made by Commissioner Gifford to continue this item to September 7, 2000. Ayes: McDaniel, Agajanian, Selich, Gifford, Tucker Noes: None Absent: Kiser, Kranzley SUBJECT: Development Plans Regulations Item No. 4 Citywide Development Plan Regulations A resolution of intent to amend the Zoning Code to require development plans Discussion Item for large commercial and residential projects. Chairperson Selich asked about the process; in the past haven't we had some direction from Council before we do a Resolution of Intention? Ms. Temple answered that the Code allows either the City Council or the Planning Commission to adopt a Resolution of Intention. However, if the Planning Commission is uncomfortable doing this and would like the City Council to consider the Resolution of Intention, we certainly can do that. 9 f City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX Chairperson Selich noted he is not uncomfortable, but thought there had been City Council input first. We spent a lot of time streamlining the Code a couple of years ago, which got rid of a lot of review processes and now we are introducing more review again. It would be well to develop some system as we go through this to get it out to the Economic Development Committee and Environmental Quality Affairs Committee (EQAC), the Chamber of Commerce and people like that for review for their comments. We don't want to send something without input from all these groups prior to the Council. I am not sure how we can do this, but somehow we should have some process to achieve this. Ms. Temple answered that if the resolution is adopted, the Commission can give staff direction on those bodies that it would like to see have a chance for review and comment prior to scheduling the public hearing. Commissioner McDaniel stated this is a good start. I agree that we have a way to go and I am not sure how to proceed, but we do need to get input from other groups within the City. Commissioner Gifford asked what the affect of the resolution of intent actually is. Ms. Temple answered that the Code requires that for an amendment, which is applicable citywide and not related to a property owner's individual property, to be initiated is through the adoption of a resolution of intent by either the Planning Commission or City Council. A private property owner can only request an amendment as it relates to his own property and not the Zoning Code, which applies citywide. The affect of adopting this resolution is to begin a process whereby we can schedule a public hearing and have a specific amendment to be presented and heard. Commissioner Gifford asked if we were inclined to adopt a resolution of intent tonight, give input for any changes in the proposed amendment and then bring the resolution back to reflect what the Planning Commission's input has been could we then circulate it as a draft? Ms. Temple answered that there is no real governance in the code procedurally how to do that. The Planning Commission could decline to adopt the resolution, but give staff direction on a process before which they would not want to consider a resolution. For instance, review with the committees the Chairman talked about or perhaps some other forms of outreach, such as review by a Planning Commission sub-committee. At some point in time we are going to have to come back with some form of proposal that may or may not be what is ultimately recommended for approval through the public hearing process. This process would provide for a draft that had been circulated at the time Planning Commission adopted the intent. 10 City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX Chairperson Selich asked if the resolution of intent gives the impression that we have already come to some major conclusions on this? Ms. Temple answered that in her opinion it would not, but it might give other parties that concern. Chairperson Selich stated that is his concern that it would look like we already made up our minds so to speak on it and then people would feel like we are not really asking for their input. I am generally in favor of this as it is a good first step in getting into more review of projects. I think through Use Permits we haven't had enough clear authority or direction to get into doing site or building reviews and other things on some of the projects we are looking at. For example, the Shores Apartments, if that property would have been torn down and another apartment built there, there would have been no discretionary site plan reviews. I think this is a glaring omission in our ordinance. I don't know of too many cities that allow major projects to go through without some form of site plan review. Ms. Temple noted that the Colony on Block 800 went through with no site review whatsoever. Chairperson Selich noted another concern that if we do this, are all the site plan reviews done by the Planning Commission, or is there a hierarchy where some of it is being done by staff? There should be some threshold where some things could stay with the staff. Patrick Alford answered that the intent is that the projects that meet the threshold proposed in the revised Chapter 20.92 would go to the Planning Commission. However, this could be modified by an overlay of a development plan or a specific plan and that authority could be delegated to staff if the Planning Commission or City Council so choose. These thresholds are just starting points for discussion purposes. We can set them at whatever level the Planning Commission would like, or a two tier system that could include the Planning Director and then the Planning Commission. Chairperson Selich noted that a lot of cities have a two tiered system where the minor projects go to administrative review or our version of a Modifications Committee. The larger ones go to the Planning Commission. Commissioner Tucker noted that he would love to see this. It would be nice to have some form of quality control. I think that most cities do if in a two-tier system, which is a good approach to have some idea as to the quality if things that are being built. The one part that I am concerned about is that to the extent that we set up a Development Plan review process, that is a discretionary approval under CEQA, and right now zone sites go through the process without having to go through the discretionary permitting process. What I would like to see and it may involve the City Attorney looking at if, is if 11 City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX we adopt this plan review, does that mean that the projects that presently do not have to go through the CEQA process, suddenly are going to have to go through the CEQA process as we now have a discretionary review for a project? Ms. Temple noted that any project subject to a discretionary review upon which conditions can be placed is considered a project under CEQA. A smaller project can still be found within categorical exclusions and not be required to prepare an environmental document. Those determinations would be made on a case by case basis based on the provisions of CEQA. Some projects may be subjected to more environmental review than the other ones would be. Commissioner Tucker questioned whether this amendment would create a new class of projects subject to CEQA. It is one thing to look at the quality of a project; it is another thing to hit somebody with the whole initial study process that is not subject to it today. He does not want this process to add the extra burden of CEQA compliance. Ms. Temple answered that staff will look at this and try to come up with a way to do this. I don't know whether there have been any cases pursuant to CEQA or not as to whether a process that involves the ability to impose conditions implies a discretionary review. The only strategy I can think of is that the Planning Commission and/or Director as the case may be, not be given the authority to deny a project but only to impose conditions and see if that gets us around that. Commissioner Tucker stated that he agrees that we.need to go slow in terms of coming up with anything on this. I would like input from people in the business and development communities about some of these thresholds. They seem for us to be involved, fairly low. Maybe with the two-tier approach is how we deal with it. Chairperson Selich asked that staff bring this back with a two-tier approach as a discussion item. Whatever we decide, we would be better off to circulate it without a resolution of intent so that it doesn't look like we have made up our mind yet. We can then follow up with a Resolution of Intent after we get some input. Bring it back as a discussion item with a two-tier approach. In the staff report the paragraph that deals with the limitations on conditions of use permit, I went to the Internet to get some additional information. I got a report that is put out by the Office of Planning Research on conditional use permits. It really says some interesting things and is something that we have had to deal with here before, most recently the car rental place on Campus Drive where we were concerned about the signs and whether tying the signs into the use permit was legitimate or not. As I go through and read this, I don't find anything either in the State Planning Act or in what they cite in case law that restricts us on tying things like that together. He then read excerpts. Continuing, he 12 City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX stated that there is a lot of leeway in imposing conditions of approval on a use permit. That does not reconcile with the statements in the second paragraph of the report where it says it would not be appropriate to place conditions on the signs of a conventional restaurant unless it can be demonstrated that special sign controls bear some reasonable relationship with the effects of the restaurant. I don't see that. Ms. Clauson noted in her opinion that the language read by the Chairman confirms the jurisdiction of the Planning Commission per the provision of our ordinances and codes. Now, particularly with signs, we have signs that are authorized under our code 'by right'. A use permit authority deals with a use and how you make that use fit into the area that it is being zoned into. The concept of a use permit is that there are certain uses permitted 'by right' and then the decision is that they don't fit quite right, but if you impose conditions on them, they will fit. We have 'by right' certain signs that are allowed and we have no design review or standards on what those signs are to look like or conditions on where they are to be placed. Our concern is there is no connection or authority within our code at this point in time for the Commission to put additional standards on signs that are authorized 'by right' as far as what they look like or where they are located. Unless there is some connection to the use that is going in and making that use fit in the area. To distinguish that from a sign program, they are asking for something more than what they are getting 'by right'. They are asking you to use your discretion to come up with a program for how signs are going to look for them to get more signs. This is an area where we have concern because of the fact of the lack of guidance to the Planning Commission. Some of the language you just quoted as your were reading, talks about the fact that you are supposed to have standards or guidance for you to use your discretion in when approving a discretionary permit. Chairman Selich stated we do not have those. All our code has in it is basically a recitation of the standard test which is the 'general welfare standard, nuisance standard, general plan consistency standard and the zoning consistency standard. It does not provide guidance. Between State Law and our Zoning Code, I would take the opposite stand, it is wide open and we can pretty much do what we want within reason and a reasonable relationship with the property. Just because you have a 'by right'sign situation or a 'by right' setback that doesn't mean that you can not in the context of reviewing a use permit put conditions on those items. I would be interested in having further information from your office supporting your point, because I interpret this a little differently. Commissioner Gifford noted that where it states in the staff report that it would be appropriate to place conditions on the signs of a drive-through restaurant, because this land use typically has more signs resulting in a greater potential for visual impacts. If visual impacts is something that is relevant then it could apply to more than drive-through restaurants. We have a Sign Ordinance that is 'by 13 City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX right' and we don't except out drive-through restaurants. Ms. Clauson answered that she thought the report intended the interpretation was that you are going to need some sort of sign program to get more signs, or signs that are not permitted 'by right' under the sign code. In other words, a different kind of a sign or a pole sign. Commissioner Gifford noted that if we are talking about the sign ordinance as because it is in place we can't use a use permit to regulate signs, then I don't understand the difference between a drive-through restaurant and where it is appropriate and inappropriate with a conventional restaurant. That is where I am missing the link. Ms. Clauson stated that her understanding is that what is being said is that a drive-through restaurant is a type of restaurant that is going to need more or different signs than the sign code allows for. Mr. Alford noted that typically signage is addressed for those types of uses on a case by case basis through the use permit process knowing that the amount of signage plays an important role in the overall design of a drive-through restaurant or a drive-through bank. By their nature, they require more signage so you might have a situation where you are trading off and allow them additional signage on the property for those directional signs or menu boards. You might then have a smaller sign identifying the site. Commissioner Gifford stated she understands when someone might request an exception to the limitation of the sign code. Is the only way for them to do this through a use permit or can they get a modification? Mr. Alford answered there are other ways to seek relief from the regulations of the Sign Code in which case you do have discretion on the signs in that issue. We are talking about an application for a use permit dealing with a particular use that has certain characteristics that need to be addressed when you review the conditions imposed on the project. Commissioner Gifford asked if someone requests as part of their application, a variance from the sign ordinance, then we can address that in the use permit? She was answered yes. Ms. Temple added that it does not necessarily need to be a situation where an exception or modification for signs is actually required. The Code allows in addition to regular business signage, certain types of on-site directional signs that are necessary for flow-through parking lots and safe movement through a parking lot, which are usually reviewed by traffic engineering. However, if you have a situation where you have a conforming sign situation but you know that due to the nature of the use, and a drive-through restaurant is a good example, that there is likely to be a higher number of these on-site directional 14 City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX signs not regulated by Title 20, Maybe you ought to look at the overall sign program in context both those controlled by Title 20 and those not and come up with a program that makes sense. That is when you can get into looking at the overall sign program and also perhaps modify the size of permitted signs if you're going to have a high number of on-site directional signs if it is a very large site. Commissioner Gifford asked that directional signs could be at the discretion of the traffic engineer to give them as many as the applicant needs? (specifically McDonalds and Auto Bistro) Ms. Temple answered that the two directional signs on Auto Bistro were permitted. But we were able to look at the whole of it because in that particular case they were requesting a pole sign that was not permitted. Absent that request for the other sign, the Auto Bistro could have come in and installed those two smaller signs for entrance and exit. Commissioner Gifford then stated that we often have landscape plans that we require in connection with a use permit. Often there is existing landscaping just as there may be an existing sign. There doesn't seem to be a problem with us imposing conditions about the landscaping. Landscaping is a visual impact as are signs; I want to understand what distinction might be there. Ms. Temple answered that many times we are a little bit out on the limb on landscaping. Where the code addresses the need for landscaping and provides an interest in landscaping, the stated purpose is for the purpose of screening a parking lot. We look at it in that regard, not the aesthetics of the project. We don't have a lot of good guidance in the Code in terms of what we are trying to achieve. Commissioner Gifford noted that if there is a condition that they have to screen the parking lot, that is considered an acceptable condition in a use permit. Ms. Temple answered that is the requirement in the Restaurant Development Standards. We have no landscaping requirements in the code otherwise. Landscaping is not required in most areas if it is not a restaurant. Commissioner Tucker noted under Section 20.91.035 A2 it states that one of the conditions for granting of a use permit is that the project will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. I was under the impression that language was broad enough to allow us some latitude in dealing with things like signs, landscaping and walls. If we are allowing someone to do something above and beyond what our code on a base line allows, then we have been getting into design type issues. I thought that clause gave us the power for doing that. Ms. Clauson noted that at the Chairman's request, she would get more of a 15 City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX legal analysis on it. It is interpreted very broadly from the point of view of putting conditions on a use to make the use fit into the zone where it is being placed. The case law does not interpret it to extend past that to start getting into the design of what a building looks like. There is support for cities to adopt that type of a program, which we have put together and brought before the Planning Commission. You can have design review, or development review or site plan review. You have to put that type of authority into the code. The concept of the general health, safety and welfare and the conditions that are acceptable on use permits are related to making the use that any impacts or problems that the use will have in the neighborhood in the zone, not on what it looks like. Chairperson Selich said he is interested in any case law where someone has actually challenged somebody doing something like a sign or landscape setback or building setback or something that is a 'by right' provision but a Planning Commission came in under the guise of a use permit and put more restrictive conditions and were challenged. Ms. Clauson said she had not found anything like that. All the cases that do deal with use permits and do discuss the authority under a use permit deal with specifically the conditions and discuss the concept of the reason why you are allowing this or providing this use permit is to make that use fit into the zone. Then there are cases that deal with the authority for cities to adopt design review standards or architectural standards or historical standards. The concept under property and development rights is that there is some standard that is adopted that you are guided by and so is the applicant. Chairperson Selich noted he does not see it in the state law or zoning ordinance, so that is where he is missing something. In the absence of a court case, where do we go? Ms. Clauson stated they are not proposing to the Planning Commission that there is something clear that says what we are doing is wrong. What we are saying is that we have some concerns about the extent to which the actions have been changing and growing to the fact that we probably should develop a program that says that is what we can do. I am not saying we are going to lose if somebody challenges us. Our concern and the reason why we have discussed this is we could be challenged and could lose. If that is the direction the City Council and Planning Commission want to go, we should embrace that and create a program for it that is acceptable to us. I am not aware of any cities that do design review or architectural review in the context of a use permit. They do it in the context of provisions of their code that authorize those reviews. Commissioner Gifford stated that if we were to adopt the ordinance in the staff report, and we did not address signage in the use permit process and treat it strictly the way the sign code reads, what projects of the last few years that 16 City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX would have fallen into the cracks between the site plan review and not be able to address it in the use permit? Ms. Temple noted that for the future projects, this requirement for the development plan review will be inclusive based on the thresholds that the Planning Commission and City Council adopt. They would come into play for any project that met those thresholds regardless of whether they also require a use permit or not. So, if a project needed a use permit, you would still have the authority under that type of review for making the use compatible with the neighborhood and the site. You would also have the Development Plan Review for the purposes of the other things that are listed in here, such as landscaping, signage, site design, parking lots, etc. They would come hand in hand and be at the same hearing. In terms of the past, there are several projects, Jiffy Lube comes to mind, it was small and probably would not have crossed one of these thresholds and so you might be left with a more limited review. Commissioner Tucker noted that under a use permit we have the right to be arbitrary. We can deny a project for a reason or for no reason at all. We don't have to agree to it. Ms. Clauson stated you can't be arbitrary. The standard for review on a use permit is that there are facts to support the findings and that you can not be arbitrary and capricious. Staff generally provides facts for what is wrong with the use, why it does not fit. You do need to come up with facts to support why it is detrimental to the health, safety and welfare of the community. That is the basic finding. You have to have substantial facts to support it, it is not a preponderance, but there has to be some articulated facts to support why the project is not approved. Chairperson Selich then read additional excerpts supporting testimony. Commissioner McDaniel noted that it is clear that we need an ordinance. it sounds like maybe we ought to form a sub-committee to look at this and come back with what we think we ought to be doing here. This is a discussion that could go on for a long time. We are fairly clear that we need something. Chairperson Selich commented that we don't need a subcommittee, we agree on an ordinance. We are discussing issues here of dealing with projects that are going to come up in the time before this ordinance becomes effective. Ms. Clauson recommended that the Commission continue to look at projects in the same manner with the knowledge that it is helpful to have facts or findings that support the reasons. Dan Purcell, 3 Canyon Lane stated that he agrees with the discussion by the 17 City of Newport Beach Planning Commission Minutes August 3, 2000 INDEX Commission on this subject. He stated that design review is needed as division can come from trying to accommodate private views. SUBJECT: Coco's Bakery Restaurant(Coralee Newman, contact) Item No. 5 3446 East Coast Highway. UP No. 3678 • Use Permit No. 3678 ODP No. 72 • Outdoor Dining Permit No. 72 A use permit for an expansion of an existing full-service restaurant which includes Continued to on-sale alcoholic beverages and a modification of the parking requirements. 08/17/2000 Also included in the application is a request to add accessory outdoor dining to the subject facility. Ms. Temple stated that staff has requested that this item be continued to August 17th meeting. Motion was made by Commissioner Gifford to continue this item to August 17, 2000. Ayes: McDaniel, Agajanian, Selich, Gifford, Tucker Noes: None Absent: Kiser, Kranzley ADDITIONAL BUSINESS: Additional Business a.) City Council Follow-up - Ms. Temple stated at the meeting of July 25th, Council had the public hearing of the Navai appeal of the denial of the variance that was referred back to the Planning Commission for review; received and filed an analysis of the protection from traffic and growth initiative; certified the petition entitled 'Newport Beach Traffic Planning and Improvements' Traffic Phasing Ordinance' and adopted a resolution setting the election date. b.) Oral report from Planning Commission's representative to the Economic Development Committee-none. c.) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting-none. d.) Matters that a Planning Commissioner may wish to place on a future agenda for action and staff report - Commissioner Gifford thanked staff for sending the Harbor Element out for their review. Discussion was held on the peninsula sign presentation. e.) Requests for excused absences-none ADJOURNMENT: 8:30 p.m. Adjournment STEVEN KISER , SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 18 CITY OF NEWRT BEACH FAge�nda n ate: February 22,2001 O PLANNING DEPARTMENT tem No.: 6 33oo NEWPORT BOULEVARD Person: Patrick J.Alford �+ NEWPORT BEACH,CA 92658 (949)644-3235 $FOIL (949)644-32—;FAX(949)644-3250 REPORT TO THE PLANNING COMMISSION SUBJECT: Proposed Development Plan Review Procedures SUMMARY: Information on development review procedures in other California cities. ACTION: For information purposes only, no action required (see February 8, 2001 staff report for acting on the initiation of the proposed amendment). Background On August 3,2000,the Planning Commission reviewed a proposed amendment to the Zoning Code that would establish a new procedure that would require development plans for new projects. Development plans would be required for residential projects involving the construction of 3 or more dwelling units and non-residential projects involving new construction of 10,000 square feet or more; additions to existing buildings exceeding 2,500 square feet or 50 percent of the existing floor area, whichever is less. The Planning Commission would review residential projects involving 10 units or more and non-residential projects involving more than 50,000 square feet of floor area. The Planning Director would review all other projects. On February 8, 2001, the Planning Commission received a report on the recommendations of the Environmental Quality Affairs Committee and the Economic Development Committee. The Planning Commission directed staff to provide information on similar development review procedures in other California cities. Dana Point WHO: Planning Commission WHAT: A site development permit is be required for all residential development except single-family homes on previously subdivided lots, and for all non-residential developments exceeding two thousand (2,000) gross square feet. Administrative site development plans permitted for residential projects with less than 10,000 gross square feet of floor area or 4 or less dwelling units. HOW: Reviewed for compliance with Zoning Code development standards; the suitability of the site for the proposed use and development; compliance with the General Plan and Urban Design Guidelines; site and structural design which is appropriate for the site and function of the proposed use(s), without requiring a particular style or type of architecture. L Encinitas WHO: Planning Commission WHAT: Design review permits are required for all buildings, landscaping or construction projects, with exceptions for accessory buildings and structures, minor exterior alterations, signs, interior remodeling, and custom homes. Administrative design review permits are allowed for additions less than 500 square feet and for non- exempted accessory structures. HOW: Projects are reviewed against a set of regulatory conclusions relating to consistency with adopted regulations, compatibility with adjacent properties, and site planning and architectural principles. Del Mar WHO: A seven-member design review board, consisting of a Planning Commissioner appointed by the City Council and members "who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations." WHAT: The construction, relocation, alteration, remodeling, or other modification of the exterior of all structures, with exceptions for work that "maintains the outer dimensions and surface relationships of the existing structure." Administrative design review permitted for small projects such as pools, spas, fences, and similar small accessory structures. HOW: Projects are reviewed against a set of regulatory conclusions relating to consistency with adopted regulations, compatibility with adjacent properties, and site planning and architectural principles. Laguna Beach WHO: A five-member design review board. WHAT: All new buildings, structures and physical improvements and relocations, additions, extensions and exterior changes of or to existing buildings, structures and physical site improvements, with limited exceptions additions, interior modifications, signs, and other minor projects. Administrative design review permitted for decks more than three feet above the ground and structural additions within existing residential rooflines. HOW: Physical improvements and site developments subject to design review are to be designed and located in a manner which best satisfies the intent and purpose of design review and criteria relating to aesthetics, compatibility with other Devclopm;nt Plans(PDA 2001-012) L February 22,2001 Page 2 materials of buildings, structures, signs, lighting, landscaping, views and vistas, landforms, and historic and architectural elements. Santa Barbara WHO: A nine-member Architectural Board of Review consisting of at least two licensed architects, and least two landscape architects, and at least three from related fields. WHAT: All applications for building permits to erect or alter the exterior of a non- residential, two-story duplex, or multi-family residential building or structure. All applications for building permits for new single family residential and one-story duplexes and additions exceeding 4,000 square feet or a FAR of 0.35 or greater. All additions, demolitions, and remodeling projects for single family residential and one-story duplexes that increase the floor area by more than 50 percent. Architectural review is also required for projects in special historic and design districts and involving designated landmarks. HOW: Required findings relating to neighborhood preservation, hillside design, public health, safety, and welfare, landform alteration, historic/landmark trees, scenic character, and neighborhood compatibility. Conclusion The City of Dana Point's site development permit procedure is the most similar to the proposed amendment. It requires the Planning Commission review of developments that exceed a set threshold and emphasizes compliance with that community's standards. The other communities surveyed require full design review of most projects and place a greater emphasis on community aesthetics. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner 1 Attachments: 1. City of Dana Point—Site Development Permits. 2. City of Del Mar—Design Review. 3. City of Encinitas—Design Review. 4. City of Laguna Beach—Design Review. 5. City of Santa Barbara—Architectural Board of Review. 3 Development Plans(PDA 2001-012) February 22,2001 Page 3 Chapter 9.71 SITE DEVELOPMENT PERMITS 9.71.010 Intent and Purpose. This Chapter establishes a process to promote superior aesthetics, design compatibility and high quality site planning. The Site Development Permit process provides for the effective and efficient review of development proposals to ensure compatible and enhanced site and building design throughout the community. This process provides a means to implement the Urban Design Element of the General Plan and the City's Urban Design Guidelines. Through Site Development Permits the City can achieve excellence and innovation in the design of development projects. (Added by Ord. 93-16, 11/23/93) 9.71.020 Site Development Permit Required. (a) When no other discretionary permit is required, a Site Development Permit shall be required for all residential development except single-family homes on previously subdivided lots, and for all non-residential developments exceeding two thousand (2,000) gross square feet. (b) Applications for Conditional Use Permits, Variances, Coastal Development Permits and other permits and entitlements of this Code will be reviewed with the same attention to design as Site Developments Permits. All such applications are subject to Site Development Permit requirements, except that all coastal development permit applications shall satisfy all requirements of Chapters 9.27 "Coastal Overlay District" and 9.69 "Coastal Development Permit". (c) A Temporary Site Development Permit shall be required for all uses so identified in Chapter 9.39 pursuant to the provisions of Section 9.71.040. (d) The Director of Community Development may require that a Site Development Permit be filed for any proposal determined by the Director not to be in clear compliance with General Plan policies. (Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97) 9.71.030 Procedural Requirements for Site Development Permits. (a) Application for Site Development Permits shall be processed in accordance with Section 9.61.040. (b) When a Site Development Permit application is performed in conjunction with another discretionary permit review, the Director of Community Development shall conduct the review and shall make a recommendation to the Planning Commission. Dana Point Iq (c) When an application for a Site Development Permit proposes more than ten thousand (10,000) gross square feet of non-residential building area or five or more residential dwelling units, the application must be reviewed by the Planning Commission at a public hearing. All other applications may be processed in accordance with the provisions of Section 9.71.034. (Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 99-04, 3/9/99) 9.71.034 Minor Site Development Permits. (a) Application for Minor Site Development Permits are restricted to the following requests: (1) Development with less than ten thousand (10,000) gross square feet of new residential building floor area. (2) Four (4) or less residential dwelling units. (3) Temporary uses and structures as described in Chapter 9.39. (4) Certain types of improvements as may be specified by this Code. (b) The submitted requirements for a Minor Site Development Permit application shall be the same as those required in Section 9.61,040 (e). (c) Decisions on Minor Site Development Permit applications shall be made administratively by the Director of Community Development. The Director shall include a determination of findings and appropriate conditions in the decision. The basis for approval, conditional approval, or denial of a Minor Site Development Permit shall be as specified in Section 9.71.050. (d) Subject to a determination by the Director of Community Development, a Minor Site Development Permit application may be placed on the Planning Commission agenda for review. (e) Subject to a determination by the Director of Community Development, the noticing requirements for a Minor Site Development Permit may be reduced from the standard five hundred (500) foot radius requirement to a notification of adjacent property owners only. If the item is reviewed by the Planning Commission, then a 300-foot radius noticing shall be provided. (Added by Ord. 99-04, 3/9/99) Dana Point _5 9.71.040 Procedural Requirements for Temporary Site Development Permits. (a) Filing of Application. The items required for filing shall include: (1) A complete Application Form. (2) An application fee as specified in the current structure of service fees. (3) A Site Plan showing the layout of the proposed activity, use, or structure, preferably drawn to scale (five (5) copies). (4) A letter of authorization from the property owner(s), if different than the applicant. (5) A letter of explanation signed and dated by the applicant demonstrating how the request meets the following criteria for granting a Temporary Site Development Permit. (A) That the temporary use applied for is a special event permitted under this Policy. (B) That the special event is consistent with the City Zoning Code and will not be incompatible with the City's future General Plan. (C) That the site for the special event is adequate in size, shape, and access to accommodate additional demands generated by the proposed use. (D) That the special event as proposed will protect the safety and general welfare of the community and will not create significant noise, traffic, or other conditions or situations that may be detrimental or incompatible with other permitted uses in the vicinity. (6) Submittal requirements for special events shall be as specified in Section 9.39.070(d). (b) Noticing. No notice shall be required for Temporary Site Development Permits unless the Director of Community Development determines that such notice is necessary. In making a determination to require noticing, the Director shall specify the form and scope of the required notice. Noticing for special events shall be provided in accordance with the provisions of Section 9.39.070(e). (c) Consideration of Application. (1) An application shall be submitted to the Director of Community Development no later than thirty (30) days prior to the date of the proposed event. (2) The application shall be acted on by the Director of Community Development no later than thirty (30) days from the date the application is accepted for filing. Dana Point G (3) The Director of Community Development in consideration shall approve, conditionally approve, or deny any application and shall state findings and reasons for such decision. The Director of Community Development, as appropriate, shall have the authority to attach conditions which directly relate or further the public health, safety, and general welfare and ensure the fulfillment and intent of the City's Municipal Code. (4) If an application is granted subject to conditions, the permit shall become effective only after the conditions have been fulfilled or after the applicant has provided reasonable and sufficient guarantees that the conditions will be fulfilled. (d) Appeals. (1) Any applicant or affected party may appeal any determination of conditions established by the Director of Community Development. (2) Any appeal of the Director's decision shall be governed by Section 9.61.110. (e) Revocation. A Temporary Site Development Permit may be revoked in accordance with Section 9.61.120 or if the permitted use is conducted in a manner which is detrimental to the public peace, health, safety, and welfare of the City, or constitutes a public nuisance. When a Temporary Site Development Permit has been revoked, no other Temporary Site Development Permit shall be issued under this policy to the same permittee within one (1) calendar year of the date of revocation. (f) Exemptions. The following are specifically exempt from the provisions of this Section: (1) Any use which is subject to any other discretionary approval shall not be considered under the provisions of this Section. (2) Private events conducted on private residential property which are typical activities ancillary to residential uses shall not be subject to the provisions of this Section but shall be governed by any and all other applicable provisions of the Dana Point Municipal Code and all other applicable laws. (3) Non-profit organizations and associations which endorse activities, community events, or fund raisers for non-commercial profit may be exempt from the fees established in this Section, but shall submit the remaining application filing requirements for review and approval by the Director of Community Development. Applicants claiming non-profit status shall include a notice of participation and expected return from all participating non-profit organizations or agencies. (4) Any temporary use, structure, or activity which clearly does not intensify the existing permitted use and is ancillary or incidental to the approved use, structure, or activity, shall be exempt from both the filing fee and application requirements. If it is unclear if Dana Point such an event should be subject to the requirements of this Section, the Director of Community Development shall determine if a proposed use necessitates a Temporary Site Development Permit. (Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94) 9.71.050 Basis for Approval, Conditional Approval, or Denial of a Site Development Permit. Approval, conditional approval, or denial of any Site Development Permit application shall be based upon the following factors and principles: (a) Compliance of the site design with development standards of this Code. (b) Suitability of the site for the proposed use and development. (c) Compliance with all elements of the General Plan and all applicable provisions of the Urban Design Guidelines. (d) Site and structural design which is appropriate for the site and function of the proposed use(s), without requiring a particular style or type of architecture. (Added by Ord. 93-16, 11/23/93) 9.71.060 Expiration and Extension of a Site Development Permit. The expiration and extension of any site development permit shall be in accordance with the limitations and procedures specified in Section 9.61.130. (Added by Ord. 94-09, 5/24/94) 9.71.070 Notice of Hearing. Notice of a public hearing to consider a Site Development Permit shall be provided pursuant to Section 9.61.050. (Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94) 9.71.080 Notice of Action. (a) For those applications decided by the Director of Community Development, the Director shall notify the applicant, in writing, of the action taken within fifteen (15) days of the decision. (b) For those applications decided by the Planning Commission, the Director of Community Development shall notify the applicant, in writing, of the action taken within fifteen (15) days of the Planning Commission decision. Dana Point CHAPTER 23.08 DESIGN REVIEW 23-08.010 Purpose. A. It is the purpose of this Chapter to achieve and protect a residential, seaside community which is both beautiful and pleasant in character, by fostering and encouraging good design which encompasses the use of harmonious materials and colors, compatible proportional relationships and appropriate use of landscaping, and to protect the citizens of the City of del Mar by providing a design review process as hereinafter described. As a means to implement the Del Mar Community Plan intended to preserve and improve the City of del Mar as a beautiful, pleasant, residential community in which to live, work, shop, and pursue leisure time activities, and in order to protect the property values, natural environment, primary scenic views and the aesthetic quality of the community, this Chapter is to be applied in furtherance of the health, safety, and general welfare of the City. [Ord.465] B. The Design Review Board shall fully consider the beneficial design impacts of a proposed project before analyzing the project for impacts that may violate the regulations of this Chapter. 23.08.020 Prohibitions. A. It shall be unlawful for any person to construct, relocate, alter, remodel or otherwise modify the exterior of any structure, without first having obtained a Design Review Permit, when such activity is required by this Chapter to have a Design Review Permit. B. No building permit or other development permits shall be issued relating to a structure for which a Design Review Permit is required until the Design Review Permit is obtained. 23.08.030 General Scope of Requirement. A Design Review Permit shall be required for the construction, relocation, alteration, remodeling or other modification of the exterior of all structures, whether public or private, except as follows: A. Except as provided in Subsection B below, no Design Review Permit is required for the repair, restoration or reconstruction of a structure Revised October 2000 Del Mar where such work maintains the outer dimensions and surface relationships of the existing structure. B. For projects located within the CC, NC, BC, VC, PC, or RC zones, or within the BSC, Open Space, and Historical Preservation Overlay zones, no Design Review Permit shall be required for the repair, restoration or reconstruction of a structure where such work maintains the outer dimensions and surface relationships of the existing structure, unless such work will involve a modification of the exterior design features of the existing structure or involve a change in the exterior materials or colors in existence on such structure. "Modifications of the exterior design features" as used herein, includes, but is not limited to, the addition, deletion or modification of windows, doors, overhangs and chimneys. [Ord. 565] 23.08.035 Administrative Design Review. A. An applicant for a project involving the construction, alteration, or remodeling of the exterior of a structure which requires a Design Review Permit may apply for an Administrative Design Review Permit in accordance with this section, so long as: [Ord. 716] 1. The proposed project involves only a pool,spa or fence;or 2. The proposed project involves the modification of an existing structure and the outer vertical dimensions of such structure will not be extended or retracted by more than three feet in any lateral direction or involve an increase in height; or 3. The proposed project involves the installation of a skylight which measures not more than four feet in width or length and for which all proposed mechanized operating equipment is located on the interior of the structure on which the skylight is to be installed; or 4. The proposed project involves the construction or installation of an accessory structure which measures not more than 48 square feet in area and not more than six feet in height and_which meets all required setbacks pursuant to the provisions of Title 30, the Zoning Code. B. Notice of the filing of an application for an Administrative Design Review Permit shall be mailed to persons owning property within 300 feet of the project site and posted on the property. The mailed notice of application shall advise persons that plans are available for public Revised October 2000 to Del Mar review at City Hall and that the application will be administratively approved unless a written objection is received by the Planning Department on or before a date specified in the notice which shall be ten (10)working days after the date of mailing. C. If no timely written objection is filed, the application shall be administratively approved by the Planning Director if it is deemed to be consistent with the provisions of the Del Mar Municipal Code. D. If a timely written objection is filed, the application shall no longer be administratively processed and shall instead be processed in accordance with the other sections of this Chapter. (Ord. 565] 23.08.040 Definitions. A. For purposes of this Chapter, a conclusion that a proposed design element is "unreasonable," must be supported by findings of fact regarding: 1. The extent to which the contested design element adversely impacts upon the purposes for which this Chapter is adopted. 2. Whether the project requires the inclusion of the contested design element in order for the project to be useable by the applicant. 3. Whether the project requires the inclusion of the contested design element in order to produce a project that is similar in quality to development in the neighborhood. 4. The availability of one or more alternatives to the contested design element that will produce a project that is useable by the applicant and similar in quality to development in the neighborhood. B. For purposes of this Chapter, "primary scenic view" means a view of the ocean, the community, lagoons, canyons or other scenic vistas from the primary living area of a residence. C. For purposes of this Chapter, "bulK' and "mass" shall mean the appearance of volume given by the outer, visible envelope of a structure as viewed from surrounding public or private properties, this appearance generally attributable to the size of the structure and/or its architectural features. [Ord.647, Sec.1] Revised October 2000 Del Mar 23.08.050 fRegealed, Ord. 5181 23.08.060 Procedure. A. The owner, or the owner's authorized agent, of the real property on which the construction activity is proposed, shall make application for a Design Review Permit to the Department of Planning and Community Development on a form approved by the City. To be received, that application must be accompanied by a filing fee in an amount set, from time to time, by resolution of the City Council together with whatever additional plans and information the Planning Department deems necessary to accomplish the purposes of this Chapter. B. When the application has been received and deemed complete, the Department of Planning and Community development shall prepare a staff report and place the matter on the agenda of the next available meeting of the Design Review Board in accordance with the Board's adopted Policy Manual. Notice of the consideration of the matter shall be made as follows: 1. Posting of a notice at City Hall and on the project site at least ten calendar days prior to the matter being first considered. 2. Publishing a notice in the "Del Mar Surfcomber" or a newspaper of general circulation at least one week prior to the matter being first considered. 3. The mailing of a notice to all owners of property within a 300' radius of the exterior boundaries of the subject property at least ten calendar days preceding the hearing prior to the matter being first considered. C. At the discretion of the Director, the matter shall either be set as a public hearing or be placed on the Consent Calendar of the agenda. If the matter is placed on the Consent Calendar and not removed there from, then by the adoption of the Consent Calendar, the matter shall be acted upon as recommended in the staff report. If the matter is removed from the Consent Calendar, it shall be continued to a date certain for the purpose of conducting a public hearing. D. A matter shall be removed from the Consent Calendar at the request of any member of the Design Review Board, public or staff, either by submission of a written request delivered to the City Clerk at least seven (7) days prior to the Design Review Board's initial consideration of Revised October 2000 Del Mar the matter or by oral request made at the first consideration of the matter. At any time, the requesting party may withdraw the request to conduct a public hearing. E. The Design review Board may, by majority vote, approve, disapprove in accordance with the provisions of this Chapter, conditionally approve or continue the application. 23.08.070 Design Regulations. An application shall be approved unless the Design Review Board makes findings of fact based upon the information presented during the hearing that support one or more of the regulatory conclusions contained in this Chapter. 23.08.072 Reoulatory Conclusions-Generally. A. The design is inconsistent with the Community Plan, General Plan, or Zoning Ordinance, including the Design Review standards contained within the Zoning Chapter of the underlying zone. [Ord. 637] B. The design will create a private or public nuisance. C. The design will adversely affect the health or safety of the neighborhood. D. The design will create an unreasonable invasion of the privacy of neighboring properties. E. The design will cause the surrounding neighborhood to depreciate materially in appearance or value. F. The design will discourage occupancy, investment or orderly development in the neighborhood. G. The proposed development fails to comply with a lawful requirement to accommodate individuals with physical disabilities, either by provision of handicap parking stalls, ramps, or the like. H. The proposed development fails to site separate structures so as to avoid crowding. I. The proposed development does not functionally use open space between separate structures. Revised October 2000 /3 Del Mar J. The proposed development locates structures so as to unreasonably, adversely impact upon outdoor areas on adjacent properties. 23.08.074 Regulatory Conclusions - Traffic. Parking and Pedestrian Circulation. A. The vehicular or pedestrian circulation, including walkways, interior drives and parking, access points to the public streets, widths of interior drives, general circulation, separation of vehicular traffic, or arrangement of parking areas, is not safe; is not as convenient as reasonably practicable;detracts from the design of the proposed structure; or adversely impacts neighboring property. B. The design's traffic ingress, egress or internal traffic circulation will have an adverse effect on traffic conditions on abutting streets. C. The design will create traffic hazards due to congestion, distraction of motorists or unsatisfactory access and egress. D. The design will interfere with public access, rights-of-way or a public easement. E. The design does not provide ingress/egress or maneuver area for emergency vehicles. F. The circulation systems will cause conflicts among vehicular, bicycle,or pedestrian traffic. G. The proposed development provides inadequate site distances for motorists and pedestrians entering or exiting the property. H. The proposed development interferes with off-site circulation safety or efficiency. 23.08.076 Reaulatory Conclusions-Topography and Landscaping A. The natural state topography or landscaping is not being preserved insofar as practical, by minimizing tree and soil removal. B. The proposed grading or vegetation changes will unreasonably, adversely impact upon neighboring, developed areas. Revised October 2000 1� Del Mar C. The proposed development does not minimize the disruption of existing natural features such as trees and other vegetation, natural ground forms, and view. D. The proposed development fails to blend the proposed grading with the contours of adjacent properties. E. The proposed development fails to ensure that all on-site drainage patterns will occur on or through the areas designed to serve this function. F. The proposed development unreasonably disrupts the existing natural topography or vegetation. G. The proposed development fails to provide the sizing of landscape materials so that a mature appearance will be attained within a reasonable period of time following installation. H. The proposed development fails to provide landscaping to minimize and disrupt the expansive appearance of parking lots or other large paved areas. I. The proposed development fails to utilize landscaping to effectively compliment building elevations and soften the appearance of structures. [Ord. 637] J. The proposed development uses landscaping which is not well suited to Del Mar's climate without the use of extensive irrigation. K. The proposed development fails to minimize hardscape surfaces and limit excessive paving. [Ord. 637] 23.08.077 Regulatory Conclusions-Relationship to Neighborhood. A. The design unreasonably blocks significant public coastal views. B. The design detracts from the natural beauty of the coastal area. C. The design is out of scale with other structures in the neighborhood. Revised October 2000j A Del Mar D. The design is not harmonious with or is functionally incompatible with the surrounding neighbor-hood in one or more of the following respects: 1. Color scheme 2. Structural siting on the lot 3. Existing improvements or natural elements in the area 4. Architectural features and omaments 5. Type and quality of material 6. Existing and proposed open spaces areas E. The component elements of the design are not in proportion to one another. F. The design would adversely affect the lighting or noise quality of the local neighborhood. G. The proposed development unreasonably fails to screen from the view from neighboring properties and public places, unattractive features such as storage areas, trash enclosures, transformers, service yards, loading docks and ramps, utility buildings, or other design elements of the project which adversely impact upon the visual quality of the neighborhood; by failing to use setbacks, landscaping, fencing, siting or structures. H. The proposed development unreasonably encroaches upon primary scenic views of neighboring property. I. The proposed development fails to minimize noise created by the proposed project(traffic, air conditioning, use, etc.)that may negatively impact the proposed project. J. The proposed development fails to minimize noise from the surrounding area that may negatively impact the proposed project. K. The exterior lighting is not functional, subtle or architecturally integrated with the building's style, materials,or colors. Revised October 2000 /6 Del Mar L. The proposed development fails to avoid similar or identical building facades on the same or adjacent parcels. [Ord. 637] 23.08.078 Regulatory Conclusions -Building Design. A. The proposed development fails to coordinate the components of exterior building design on all elevations with regard to color, materials, architectural form and detailing to achieve design harmony and continuity. B. The proposed development fails to limit the number of materials on the exterior face of the building resulting in inharmonious design and lack of continuity. C. The proposed development fails to minimize roof penetrations by grouping all plumbing vents and ducting and mechanical equipment together. D. The proposed development fails to design and/or screen all rooftop mechanical and electrical equipment as an integral part of the building design. E. The proposed development fails to limit the amount of design components which unnecessarily add bulk and mass to the building but which are not calculated as floor area ratio (FAR) pursuant to DMMC Title 30,the Zone Code. [Ord. 647, Sec.2] 23.08.079 Regulatory Conclusions-Signs. A. The proposed signage fails to relate to its surroundings in terms of size, shape, color, texture, and lighting so that it is not complimentary to the overall design of the building and is not visually compatible with other approved conforming signs in the neighborhood. B. The proposed signage fails to convey its message legibly and clearly. C. The proposed signage is not weather resistant and vandal- resistant. D. The proposed freestanding sign fails to provide external lighting which is screened from direct view and/or which does not impact upon adjacent properties, motorists or pedestrians. Revised October 2000 Del Mar E. The proposed freestanding sign fails to utilize plant materials effectively to integrate the sign with the ground plane and screen out low level flood lighting. F. The profile of the proposed freestanding sign is unreasonably high. G. The proposed signage used struts, braces, or guy wires to support said signage. 23.08.080 Satellite Antennas. A. It shall be unlawful for any person to erect or maintain an apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit without first having obtained the approval of the Design Review Board. B. The proposed antenna shall be approved so long as the location, size, design and operating characteristics of the satellite antenna are compatible with and do not adversely affect, in a material manner, adjacent uses, residences, structures or natural resources, with consideration given to, among other things,the following: 1. The effect upon the character of the neighborhood; 2. The effect upon views from public and private vantage points; 3. The effect upon environmental quality or natural resources;and 4. Any other relevant impact of the proposed use on the surrounding area. C. Satellite antennas shall be located, designed and screened so as to cause the least visual impact on views from surrounding properties and from public areas. D. Satellite antennas may be erected on the ground in setbacks if no danger to public health, safety or welfare exists. E. No more than one satellite antenna shall be permitted on a lot. Revised October 2000 10 Del Mar F. Notwithstanding the above, the regulations of this Section shall not be administered so as to: 1. Prevent reception of satellite delivered signals from major communications satellites that, when viewed in a conventional television set, are at least equal in picture quality to those received from local commercial television stations; or 2. Impose costs on the potential user of the antenna that are excessive in light of the purchase and installation costs of the equipment. G. If an applicant claims that an imposed regulation violates one or both of the provisions of Section F, the applicant shall deposit with the City a sum determined by the Director of Planning and Community development to obtain an expert evaluation and opinion. Any unused portion of the deposit shall be refunded to the applicant upon a final determination on the application. 23.08.090 Guidelines. By resolution, passed from time to time, the Design Review Board may announce design guidelines,which,though not binding, are intended to provide guidance to applicants. Revised October 2000 '9 Del Mar • 23.08.100 Imposition of Conditions. A. The Design Review Board, or City Council on appeal, shall have the authority to impose such conditions and safeguards as it deems necessary to protect and enhance the health, safety, and welfare of the surrounding area, and to insure that the proposed project for which design review approval is sought, fully meets the criteria as set forth in this Chapter. B. No Design Review Permit shall require a condition which is not reasonably related to the project for which the Design Review Permit is requested. 23.08.110 Expiration. Two years from the date of final approval of a Design Review Permit, the Permit will expire, unless a building permit has been issued and substantial construction has been accomplished in reliance upon the Design Review Permit. [Ord. 641] 23.08.120 [This Section has been repealed.] [Ord. 6411 23.08.130 [This Section has been repealed.] [Ord. 641] 23.08.140 [This Section has been repealed.] [Ord. 619] 23.08.150 Posting of Performance Bonds. Whenever a Design Review Permit is granted upon any condition or limitation, the person seeking the Design Review Permit may be required to furnish security in the form of money or surety bond in an amount sufficient to insure compliance with the conditions and limitations upon which such Design Review Permit is granted. Every such bond shall be in a form satisfactory to the Department of Planning and Community Development, shall be payable to the City, and shall be conditioned upon compliance with the conditions and limitations upon which the Design Review Permit is granted. 23.08.160 Reapplication. At least one year shall have elapsed since the effective date of disapproval of the application or revocation of a Design Review Permit before filing a new application seeking substantially the same Design Review Permit for any of the same property. Revised October 2000 J0 Del Mar 06-96 23.08.010 CHAPTER 23.08 DESIGN REVIEW 23.08.010 Purpose. A. This Chapter is adopted pursuant to, and to implement provisions of, the Encinitas General Plan and certified Local Coastal Program Land Use Plan (LUP). It is the purpose of this Chapter to protect the natural beauty of the City of Encinitas as well as create an attractive and functional man-made environment. These are both essential assets for the welfare of the City's residents and visitors. It is a further purpose of this Chapter to accomplish the following: (Ord. 94- 06) 1. Determine compliance of development projects with the provisions of this Chapter and the Design Review Guidelines of the City of Encinitas as well as other regulations regarding the physical development of the City. 2. Assure a high degree of aesthetic and functional excellence in the physical development of the City of Encinitas through the prudent and timely review of development projects. 3. Encourage the preservation of the distinct and individual character of the various communities, previously known as Community Advisory Board Districts, through the prudent administration of this Chapter and the Design Review Guidelines. (Ord. 96-07) B. For purposes of this Chapter "Director" shall mean "Director of Community Development". (Ord. 92-13) 23.08.015 Amendment. An amendment to any portion of this Chapter constitutes a proposed amendment to the implementing regulations of the City's Local Coastal Program (LCP). A proposed LCP amendment shall comply in form, content and procedure with the provisions of Chapter 30.82 of the Municipal Code. An amendment to this Chapter shall not become effective until certified by the Coastal Commission pursuant to California Public Resources Code Section 30514. (Ord. 94-06) Encinitas 06-96 23.08.020 23.08.020 Prohibitions. A. Without first having obtained a Design Review Permit, it shall be unlawful for any person to construct,relocate, alter,remodel or otherwise modify the exterior of any structure, when such activity is required by this Chapter to have a Design Review Permit. B. No building permit or other development permits shall be issued relating to a structure for which a Design Review Permit is required until the Design Review Permit is obtained. 23.08.030 General Scope and Exemptions. A. All buildings, landscaping or construction projects, whether they require any other City permit or not,are subject to design review unless exempted by this Chapter. B. When in compliance with all other City ordinances and regulations, the following projects are exempted from the other provisions of this Chapter: 1. Walls and fences of 6 feet or less in height. (Ord. 90-26) 2. Construction underground, which will not leave any significant, permanent marks on the surface after completion. Utility boxes, pipes and poles shall be considered "significant permanent marks". Street furniture shall be exempt unless part of a development proposal or City streetscape project requiring discretionary approval.(Ord. 90-26) 3. Maintenance work on buildings, landscaping or grounds which does not significantly alter the appearance or function of the building, landscaping or grounds; 4. Minor exterior alterations to buildings which do not result in an increase in floor area of more than 20% or 500 sq ft (whichever is less) and are substantially consistent with the existing building design and character. This includes commercial building awnings which are consistent with established design and color criteria for the commercial district or center; (Ord. 93-19) Encinitas 06-96 23.08.030 5. Signs which are exempted from the provisions of the Municipal Code change of message/copy , and signs attached to a building for single uses or within a commercial center with 6 or fewer tenants that are compatible with other signs in the commercial district; (Ord. 93-19) 6. Interior remodelling work on any existing building. (Ord 90-26) 7. Custom Home exemption. The construction or landscaping of a project consisting of not more than one single-family detached dwelling submitted for plan check on the same application which is substantially dissimilar in design to any other proposed dwelling within the immediate neighborhood. A dissimilar design shall include different building footprints, orientation and elevations;architectural features; and exterior materials. (Ord. 92-13) 8. Accessory buildings and additions for existing attached and detached single family homes and duplexes on a separate legal lot provided that it is substantially consistent with the existing building, color, design and character; (Ord. 9026) 9. All new or replacement landscaping unless part of a development proposal requiring design review; (Ord 90-26) 10. Swimming pools, spas, patio covers, lath houses, decks, and balconies provided that zoning standards are met.(Ord. 90-26) 11. Temporary facilities as defined in the Uniform Building Code. 12. Tennis courts (including permitted fencing) and similar recreational facilities. (Ord. 93-19) 13. Satellite antennas adequately screened pursuant to Section 23.08.090 of the Municipal code.(Ord. 93-19) � 3 `a Encinitas 06-96 23.08.040 23.08.040 Authority to Grant Permit. A. The Director has authority to render a final determination on applications for a Design Review Permit for the following categories of projects: 1. Fences,walls and landscaping projects not exempted by this chapter. (Ord. 90-26) 2. Outdoor storage facilities of less than one-thousand (1,000)square feet in area. (Ord 93-19) 3. Agricultural buildings which are the primary use of the parcel two-thousand (2,000 square feet or less); (Ord. 93-19). 4. Exterior additions to existing buildings and structures where the proposed project will involve less than five-hundred (500) square feet in area and which are otherwise not exempted by this chapter. (Ord. 93-19) 5. Satellite antennas not otherwise exempted by this chapter. (Ord.93-19) 6. Signs and awnings which are placed under the Design Review jurisdiction of the Director by other provisions of this Code (Chapter 30.60) and not otherwise exempted by this chapter. Said review shall be without notice. (Ord. 93-19). 7. Satellite antennas. However satellite antennas which are visually screened, per section 23.08.090, shall be exempt from Design Review. B. The Planning Commission is authorized to render a final determination on an application for a Design Review Permit for a project that does not contain a component which requires a final determination by the City Council. (Ord. 96-07) 1. That is outside the jurisdiction of the Director; Encinitas i 06-96 23.08.04082 2. That has one or more components that require a final determination by the Planning Commission and does not contain any component which requires a final determination by the City Council. C. Upon receipt of an advisory recommendation from the Planning Commission, the City Council is authorized to render a final determination on an application for Design Review Permit for a project which contains one or more components that require a final determination by the City Council. (Ord. 96-07) 23.08.050 Notice. When notice is required by the provisions of this Chapter, notice shall be made in accordance with Chapter 30.01 as modified by the following: (Ord. 92-13) A. If the Director is authorized to render a final determination, the notice shall indicate the time prior to which written objections must be filed and notice shall be made to adjacent property owners in accordance with Chapter 30.01 as modified by this section. (Ord. 92-13) B. An application for a Design Review Permit for a project which requires an application for a tentative map, zone change, conditional use permit or any other planning permit, shall be noticed as part of the noticing procedures required by this Code for such other applications. C. If the date, time and place of a subsequent hearing or a continued hearing is announced at the noticed time and place, no additional notice is required for the second or continued hearing, unless required by law. If no such announcement is made at the noticed time and place, the second or continued hearing shall be noticed in accordance with Chapter 30.01 as modified by this section. (Ord. 92-13) Pf Encinitas L 06-96 23.08.060 23.08.060 Procedure. A. The owner, or the owner's authorized agent, of the real property on which the construction activity is proposed shall make application for a Design Review Permit to the Director on a form approved by the Director. To be received, the application must be accompanied by,a filing fee in an amount set, from time to time, by resolution of the City Council, together with whatever additional plans and information the Director deems necessary to accomplish the purposes of this Chapter. Application shall include the necessary sets of plans, maps, and displays in sufficient detail to explain the proposed project's compliance with the regulations contained in this Chapter. (Ord. 92-13) B. Any application for a new nonresidential project in excess of two-thousand (2,000) square feet of building area and any residential project resulting in five (5) or more units, shall submit a traffic study to the satisfaction of the Public Works Director. The traffic study shall be completed by a City approved traffic engineer. (Ord. 89-17) C. When the application has been received and properly noticed, the Director shall render a final determination or the Director shall place the matter on the agenda of the Planning Commission. (Ord. 96-07) D. Following the public hearing,the Planning Commission may,be majority vote, approve, disapprove in accordance with the provisions of this Chapter or conditionally approve an application for Design Review Permit. A maximum of two hearings can be held. Additional hearings can be held if requested by the applicant. (Ord. 96-07) E. If the Planning Commission is required to make an advisory recommendation or render a final determination on the application for Design Review Permit,the Director shall submit the matter to the Planning Commission at a noticed,public hearing. (Ord. 92-13) F. Following the public hearing, the Planning Commission may, by majority vote, approve, disapprove in accordance with the provisions of this Chapter, conditionally approve or continue the application for further consideration. However, if the Planning Commission has advisory jurisdiction, the Planning Commission will render an advisory recommendation to the City Council. (Ord. 92-13) Encinitas 06-96 23.08.060G G. Upon receipt of the advisory recommendations from the Planning Commission, the Director shall set the application for Design Review Permit as a noticed, public hearing for the next available meeting of the City Council. Following the public hearing, the City Council may, by majority vote, approve, disapprove in accordance with the provisions of this Chapter or conditionally approve the application for Design Review Permit. (Ord. 96-07) 23.08.070 Final Determination. A. A final determination by the Planning Commission or the City Council on the application for a Design Review Permit shall be made by written resolution, setting forth the facts which support the action. A final determination by the Director for design review shall be by written notice of determination setting forth the facts to support the action. (Ord. 96-07) B. An application for Design Review Permit shall be approved unless findings of fact are made based upon the information presented in the application or during the deliberations which support one or more of the regulatory conclusions contained in this Chapter. The decision maker shall elaborate on each of the regulatory conclusions made in support of a denial in sufficient detail to explain as clearly as possible the reasons for the denial. (Ord. 90-26) C. The final determination shall be mailed by first class mail to the applicant and shall become final fifteen (15) calendar days thereafter unless an *appeal is filed. (Ord. 92-13). (*See Chapter 1.12.010 through 1.12.060). 23.08.072 Regulatory Conclusions-Generally. A. The project design is inconsistent with the General Plan, a Specific Plan or the provisions of this Code. B. The project design is substantially inconsistent with the Design Review Guidelines. C. The project would adversely affect the health, safety, or general welfare of the community. D. The project would tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Encinitas 06-96 23.08.074 23.08.074 Regulatory Conclusions-Design and Site Layout. A. The project design fails to take into account the constraints and opportunities of the site. B. The project design does not minimize the disturbance of the existing topography and/or vegetation. C. The project design fails to preserve, as far as practical, existing natural assets, such as rock outcroppings,valuable trees or riparian habitats. D. The project design fails to prevent excessively high graded slopes and retaining structures,to the detriment of future project residents and neighboring properties. E. The project design fails to blend the proposed grading with the contours of adjacent property. F. The project design does not preserve significant public views to the extent possible, nor does it offer mitigation for the lost views. G. The project circulation system fails to minimize conflicts between vehicular, bicycle, and pedestrian traffic. H. The project ingress, egress or internal circulation would have an adverse affect on traffic conditions on adjacent streets. I. The project design fails to reflect the topography of the site by adjusting the design of buildings,parking areas and circulation systems to the constraints of the site. 23.08.076 Regulatory Conclusions-Building Design. A. The project design does not coordinate the elements of exterior building design, such as color, materials, form, texture and detailing to create harmony and continuity among all elements. B. The project design does not limit the selection of exterior materials resulting in disharmony and discontinuity of the exterior elevations. Encinitas 06-96 23.08.076C C. The project design does not minimize roof penetrations by grouping vent ducts and mechanical equipment together and/or does not adequately conceal these features from the public and private view. D. The various buildings and building elements are not in proportion with one another. E. The project is not harmonious with or is functionally incompatible with the adjacent property in one or more of the following aspects: 1. Color scheme; 2. Location of structures on the site; 3. Architectural features or ornaments; 4. Type and quality of exterior materials;and 5. Location and use of open space. F. The project would adversely affect the quality of lighting and noise environment on adjacent properties. G. The project design is substantially out of scale with the predominant scale of structures in the adjacent neighborhood. 23.08.077 Regulatory Conclusions- Landscape Design. A. The landscape design fails to screen, to the extent practical, trash and storage areas, service yards, loading docks and ramps, and utility equipment from view of the neighboring properties and from the public streets. B. The landscape design fails to screen,to the extent practical,parking areas from view of neighboring properties and from the public streets. C. The landscape design fails to provide that all landscape materials will obtain a mature appearance within three years after planting. D. The landscape design fails to preserve and incorporate into the design valuable natural features to the greatest extent possible. Encinitas r 06-96 23.08.078 23.08.078 Regulatory Conclusions- Signs. A. The project design fails to assure that the size and shape of all signs are in scale with the buildings to which they are attached. B. The building design does not provide for adequate space and locations on the building,in harmony with the architectural design, for the display of signs. C. The project signing fails to relate well to the buildings of the project and to the neighborhood in general in terms of size, shape, color, texture, materials and lighting intensity, creating a visually incompatible appearance. D. The project signing does not show subtlety, is obtrusive or does not convey the message legibly and clearly. E. The proposed signing is not weather resistant or durable. 23.08.079 Regulatory Conclusions-Privacy and Security. A. The project will cause an unreasonable intrusion on privacy of neighboring properties. B. The project design fails to minimize the noise impact on neighboring properties caused by the project. C. The project design fails to minimize the noise impact from exterior sources on the project. D. The project design fails to avoid the creation of unsafe areas which lack the security of public surveillance. E. The project design precludes observance of fire safety regulations, due to the layout of the site or the buildings,or due to the selection of the building materials. F. The proposed project and landscaping would potentially contribute to the spreading of fire to adjacent properties. Encinitas 06-96 23.08.090 23.08.090 Satellite Antennas. The intent of this section is provide locational criteria for the placement of satellite antennas, and to regulate their placement so as to minimize the potential visual impacts associated with the antennas. It is not the intent of this section to prohibit the use of satellite antennas, nor to add excessive additional expense to their installation. The installation of a satellite antenna is permitted either by right, or by the approval of an administrative design review permit application, depending upon the antenna's location and screening,as discussed below. A. A satellite antenna shall be defined as any system of wires, cables, amplifiers, reflecting discs or other devices which are used for the transmission or reception of satellite related signals. B. An Administrative Design Review permit shall be required for a satellite dish antenna unless it is screened from adjacent properties and public streets with a wall,fence,hedge or other material such that no more than 25% of the satellite antenna is visible (from any of the antenna's functional positions), as viewed from the ground level of any adjacent property or public right-of-way, as determined by the Director of Community Development. The screening material shall be kept in good condition so long as the antenna is in place. The screening material shall be visually compatible with the main structure and with other fences or materials which occupy the property. Any fences and walls used for screening purposes shall comply with standard fence height requirements. C. Should an administrative design review permit be required, the proposed satellite antenna will be approved so long as the location, size, design and operating characteristics of the antenna are compatible with and do not adversely affect, in a material manner, adjacent uses, residences, structures or natural resources, with consideration given to, among other things, the following: l. The effect upon the character of the neighborhood; 2. The effect upon views from public and private vantage points; V Encinitas I ! i 06-96 23.08.090/C3 3. The effect upon environmental quality or natural resources; and 4. Any other relevant impact of the proposed use on the surrounding area. D. The following setback limitations shall apply to satellite antennas (residential and commercial zones): 1. The satellite antenna may be located to within three feet of an interior side or rear property line, as measured from the outer edge of the antenna dish,as measured from any of its functional positions. This setback may be reduced to zero through the design review process. 2. Satellite antennas proposed to be located within a front or street side yard setback shall require an Administrative Design Review permit,unless the antenna is completely(100%)screened from any adjacent property . and from any adjacent public right of way,as viewed from ground level. E. The following height limitations shall apply to satellite antennas: 1. Residential Zones: Outside of the standard building envelope (i.e. within the front, side,or rear yard setbacks),the maximum height of a satellite antenna shall be(12) feet in height. Property owners may request greater heights through the Administrative Design Review process. Satellite antennas located within the standard building envelope (i.e. outside of the front, side, or rear yard setbacks) shall not exceed the standard residential height limit of(26) feet (unless average lot slope exceeds 10% - See residential height regulations in Section 30.16.010B-7 of the Municipal Code). Property owners may apply to erect a satellite antenna to a maximum height of 30 ft. via the review process cited in Section 30.16.01 OB7-b of the Municipal Code. Encinitas 06-96 23.08.090/E2 2. Commercial Zones: The maximum height of a satellite antenna in a commercial zone is(30)feet. In any case, a design review permit will be required for any satellite antenna unless visually screened in accordance with paragraph B above. F. Design Review shall be required if more than one satellite antenna is proposed on any given lot. G. Some antennas require building permits for their foundation or mounting, and electrical permits may be required for power driven dishes. The applicant shall be responsible for securing all necessary building permits prior to the installation of a satellite antenna. H. Notwithstanding the above,the regulations of this section shall not be administered so as to: 1. Prevent the reception of satellite delivered signals from major communications satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations; or 2. Impost costs on the potential user of the antenna that are excessive in light of the purchase and installation costs of the equipment. I. If an applicant claims that an imposed regulation violates the stated intent of the provisions of the City's satellite regulations, the applicant may deposit with the City a sum determined by the Director of Community Development to obtain an independent expert evaluation and opinion of the claim. 23.08.100 Guidelines. The City Council shall adopt by resolution Design Review Guidelines setting forth the policies and criteria for this Chapter. The person or body authorized to render a final determination shall comply with these Guidelines when reviewing applications for permits and shall ensure that the spirit intent of the Guidelines are upheld in all design review actions. The City Council may amend the Design Review Guidelines by resolution to keep the Guidelines in compliance with the latest City policies. 33 Encinitas 0 • 06-96 23.08.110 23.08.110 Imposition of Conditions. A. The person or body authorized to render a final determination shall have the authority to impose such conditions and safeguards as it deems necessary to protect and enhance the health, safety, and welfare of the surrounding area, and to insure that the proposed project for which design review approval is sought,fully meets the criteria as set forth in this Chapter. B. No Design Review Permit shall require a condition which is not reasonably related to the project for which the Design Review Permit is requested. 23.08.120 Posting of Security. Whenever a Design Review Permit is granted upon any condition or limitation, the person seeking the Design Review Permit may be required to furnish security in a form satisfactory to the Director in an amount sufficient to insure compliance with the conditions and limitations upon which such Design Review Permit is granted. Every such form of security shall be in a form satisfactory to the Director, shall be payable to the City, and shall be conditioned upon compliance with the conditions and limitations upon which the Design Review Permit is granted. (Ord. 90-26) 23.08.125 Landscape Security Deposit. Where a landscape plan has been approved for a project, a security deposit may be required for a period not to exceed one year after final inspection approval to insure plant material has adequate time to become established and that the approved landscape design is not altered. (Ord. 90-26) 23.08.130 Covenant. At the discretion of the Director, to accomplish the purposes of this Chapter, the Design Review Permit may be issued in the form of a covenant to be signed by the permittee and recorded with the County Recorder. 23.08.140 Conformance with Design Review Permit. A. Prior to the issuance of a building permit or any other permit required for the construction of a project for which a Design Review Permit has been issued, the Director shall determine whether the plans submitted for such construction permit are in substantial conformance with the Design Review Permit. B. The Director shall find project plans in substantial conformance if: Encinitas 06-96 23.08.140/B l 1. No project condition is changed or deleted; 2. No feature, facility or amenity is deleted or substantially altered which had been considered essential to the project's quality, safety or function by the decision making body; 3. The area of any residential floor plan or any non-residential building is not decreased or increased by more than five percent(50/o); 4. No additional lots or dwelling units are added; 5. No private or public open space is reduced in area or in its potential for use and enjoyment; 6. The shape and bulk of structures, exterior building materials, landscaping, parking and access are substantially in conformance with the spirit and intent of the Design Review decision; 7. The grading plan will not increase or decrease the final grade on any part of the site by more than three (3) feet over or under the plan approved by the Design Review decision,unless the Director finds that the design is not substantially altered by the grading change;and 8. No significant changes are made which, in the opinion of the Director, should be reviewed by the body which approved the original Design Review application. C. A final determination made under this Section shall be effective fifteen (15) calendar days thereafter, unless an *appeal is filed. The Planning Commission and City Council shall be notified of the final determination. If the determination is that the construction is in conformance, the proponent may proceed, at the proponent's own risk, during the appeal period. The proponent or any aggrieved person may request a meeting of the Arbitration Committee, may appeal,or may apply for a modification of the Design Review Permit. (Ord. 96-07). (*See Chapter I.12.010 through 1.12.060). Encinitas 06-96 23.08.150 23.08.150 Modification of Design Review Permit. A proponent may apply for a modification of a valid Design Review Permit. The application procedures, hearings and notifications for any modification shall be the same as for a new application. If the Director finds that the modification is minor, and is required due to circumstances beyond the proponents control, the application for modification shall be given priority in scheduling for public hearings. 23.08.160 Expiration and Extension of Permit. A. The Design Review Permit approval shall be valid for two (2) years after the effective date of the permit. A building permit and any other permit required for the construction of the project shall be obtained within the two-year period. If construction has not started within the time period specified in the Uniform Building Code, and is not diligently pursued thereafter, the Design Review Permit shall be deemed null and void. (Ord. 92-13) B. The Director may, upon written request by the proponent, grant reasonable extensions of up to a total of two (2) years for the Design Review Permit; provided no change in City policies has occurred which would be in conflict with the project. A request for such an extension shall be filed with the Director at least fifteen (15) days prior to the expiration of the Design Review Permit, together with the required application fee. Upon proper filing of an application of extension, public notice shall be made according to the provisions of Chapter 30.01 as modified by this Chapter. A public hearing is not required. (Ord. 92-13) 23.08.170 Suspension of Design Review Permit. A. The Director shall suspend any Design Review Permit and issue no certificate of occupancy if the project is not constructed in compliance with the Design Review Permit. The notice of suspension shall be mailed to the proponent by certified mail and posted on the project site. B. The proponent or any aggrieved person may request a meeting of the Arbitration committee to settle any dispute regarding the suspension, may appeal, or may apply for a modification of the Design Review Permit. Encinitas 06-96 23.08.170C C. The suspension of the Design Review Permit and the suspension of all related permits shall be lifted by the Director if 1. The applicant has completed all necessary changes to bring the.project into compliance with the original Design Review Permit, or with the Design Review Permit as amended by an appeal or modification;or 2. The Arbitration Committee or the final appeals body has determined that no violation of the original Design Review Permit exists. 23.08.180 Reapplications. At least one(1)year shall have elapsed since the effective date of a disapproval of an application before filing a new application seeking substantially the same Design Review Permit for any of the same property. 3 Encinitas (G) Conditions of Approval. Conditions of approval may include but are not limited to: (1) Regulations of hours; (2) Requirement of bonds or other guarantees for cleanup or removal of structures or equipment; (3) Return of temporary use site to its original state within a specified period of time; (4) Regulation of permit duration; (5) Regulation of signs and advertising; (6) Regulation of lighting; (7) Regulation of public-address or sound system; (8) Regulation of gas, smoke, noise, fumes, vibrations or other nuisances; (9) .Referral to design review; (10)*Such other conditions as are deemed necessary to protect the health, safety and welfare of the community and to assure compliance with the intent and purpose of this section. (H) Appeals. Appeals are subject to the provisions of Municipal Code Section 25.05.070. (I) Effective Date/Expiration Date. Temporary use permits shall be authorized for thirty days unless specifically indicated otherwise. One thirty-day extension may be granted at the discretion of the director of community development unless specifically prohibited by the planning commission or restricted as a condition to issuance. (J) Revocation. Revocations are subject to the provisions of Municipal Code Section 25.05.075. (Ord. 1223 - 1. (part), 1991; Ord. 1204 r 8, 1990; Ord. 1054 L 4, 1985) . 25.05.040 Design review. (A) Intent and Purpose. The design review process is intended to encourage developments which exemplify the best professional design practices and to assist in. implementing the . shoreline access, open .space, environmentally sensitive habitat, hillside protection and visual resource policies of the city's certified local coastal program. The procedure. is established to . encourage individual identity for specific uses and structures; to encourage a distinct community identity in character with a village atmosphere; to enhance the property values within the city and surrounding neighborhoods; to respect each individual site and its environmental qualities; and to minimi*ze visual and psychological stress resulting from unplanned, unrelated and poorly designed developments. It is also the intent to develop and apply guidelines to areas desighated.by the city council for the purpose of assisting in regulating design parameters, including but not limited to building height, setbacks, landscaping, views and signs. The guidelines shall be advisory only in nature and shall be subject to approval by resolution of the city council. (B) Matters Subject to Design Review. (1) All new buildings, structures and physical improvements and relocations, additions, extensions and exterior changes of or to existing buildings, structures and physical site improvements shall be subject to design review, whether or not .a building or other type of permit is required except as otherwise provided in Section 25.05.040(B) (2) . Physical improvements and site r, developments may include .but are not limited to the following: 3 Laguna Beach (a) Parking and loading areas; (b) Driveways; (c) Retaining walls in excess of five feet in height; (d) Signs; (e) Metal fences; (f) Radio or television broadcasting antennas, receiving antennas, microwave dish antennas or satellite dish antennas twenty feet or less in height, measured from existing grade immediately adjacent to the antenna; (g) Garbage and trash enclosures; (h) Sidewalks; (i) Underground utilities; (j) Solar energy collectors which may adversely impact neighboring properties as determined by the director of community development; (k) Additions above the first or street level floor; (1) Shore protective devices; (m) All buildings, structures and physical improvements in environmentally sensitive areas and on lots with slope greater than thirty percent as specified in Section 25.50.040; (n) .Grading in excess of twenty cubic yards, except as specified in Section 22.04.030(d); (o) Clearing of native vegetation on undeveloped parcels, except for annual weed abatement and similar maintenance programs; (p) Fuel modification programs; provided, that once a. program has received approval from the design review board, subsequent approval for maintenance of the fuel modification may be granted by the director of community development provided that the maintenance is in conformance with the intent and objectives of the originally approved program. (q) All city projects within .the scope of subsections (B) (1) , (a) through (p) of this section shall be submitted to the design review board for their review and recommendations. The city council may waive the requirement of design review if it determines that there are special circumstances applicable to such project which require that the project proceed without delay. (r) Any instance where a coastal development permit is required. (2) Exceptions. The following are exempt from design review procedures, except for development proposed on a lot within a watercourse setback area as set forth in subsection (E) of Section 25.50.030: (a) First-floor additions to a single-family residence of less than fifty percent of the original floor space and in conformance with the zoning regulations; (b) Interior modifications to existing structures; (c) Exterior alterations and additions determined by the director of the community development to be minor, incidental in complying with the intent and objectives of this section; (d) Art-related matters selected by the arts commission for display in public places; (e) Signs, in conformance with an approved sign program subject to review and approval by the director of community development; (f) Elevated decks more than three feet above the ground 3� Laguna Beach and structural additions within existing residential rooflines, provided that the following conditions are met: (1) Public Notice (administrative design review) . Public notice shall be provided in accordance with Section 25.05.065(C) and (D) except that the requirement for newspaper advertising is deleted. (2) Public Hearing. No public hearing by the design review board shall be held unless requested by the applicant or other affected person. (3) Administrative Approval. Following. a ten-day public comment period, the director of community development may approve the proposed deck and/or addition provided that no objections are raised and it is determined that the deck and/or addition complies with the zoning regulations. At the discretion of the director of community development, such projects may be referred to the design review board. (g) City public works projects which are limited to replacement-in-kind or maintenance and which are not located in environmentally sensitive or open space areas, the Downtown Specific Plan area, oceanfront properties or public buildings. or parks, provided the conditions in (f) (1) (2) and (3) of this . subsection are met. (h) Minor categories of development which the design review board, by resolution, exempts from design review procedures or, by resolution, authorizes the director of community development to approve. (i) Variance for existing nonconforming conditions in accordance with Section 25.05.025(J) (2) pertaining to administrative approval for certain variances. (C) Application: Applications for shore protection devices shall be filed and processed in accordance with the guidelines for shoreline protection and shall be accompanied by landscape plans utilizing natural and drought-resistant plantings. Application for design review shall be made by a property owner or authorized agent. Applications shall contain such information as prescribed by the director of community development or design review board. (D) Filing Fee. Prior to accepting an application, the department of community development shall charge and collect. a filing fee as determined by resolution of the city council. (E) Public Notice. Public notice is subject to the provisions of Municipal Code Section 25.05.065(C) and (D) except that the requirements for.newspaper advertising are deleted and all notice for coastal development permits must be in accordance with Section 25.07.014. (F) Approval. (1) The design review board shall approve or deny, at a noticed public hearing, design review applications based upon the goals and criteria -set forth in Municipal Code Section 25.05.040(G)., and Section 25.07.012(E) and (F) where a coastal development permit is required, substantiated by written findings. (2) Design review determinations shall be by majority vote of its voting members present. (3) Written. notice of determination for design review applications shall be mailed to the applicant or authorized agent within ten calendar days of the date of. the decision of the Laguna Beach design review board or the director of community development. A written notice of denial shall specifically state wherein the application fails to conform to the criteria established for approval under Section 25.05.040(G) . (G) Goals and Criteria. Physical improvements and site developments subject to design review shall be designed and located in a manner which best satisfies the intent and purpose of design review and the following criteria: (1) It will properly and adequately satisfy and express its functional requirements without being unsightly or creating substantial disharmony with its locale and surroundings: (a) It is designed specifically for the proposed use of its occupants and visitors through the provision of courtyards, benches, plazas, special architectural details or adaptation to special views or features of the site and surroundings, (b) It exemplifies a small-scale "village" quality expressing individuality of purpose while maintaining compatibility with other developments in the immediate vicinity, provided such developments are in keeping with the intent and purpose of this section. The design review board may require an alternative method of fire protection for buildings which require parapet walls under the current city-adopted .edition of the Uniform Building Code. Such requirements shall first be referred to the department of community development for review and comment; (2) It will not reasonably impair or inhibit the further development, use, enjoyment of, or further investment in the same or other property in the vicinity, including public lands and rights-of-way, in that it has met the following criteria: (a) Garish and conflicting relationships to adjacent structures and uses have been avoided, (b) Conflicts between vehicles, pedestrians and other modes of transportation are minimized by specifically providing for each applicable mode; (3) Adverse physical or visual effects which might otherwise result from unplanned or inappropriate development have been eliminated or minimized and the design adequately addresses: (a) The scale, mass, height, area, color and materials of buildings, structures and signs, (b) Provision of adequate lighting for public safety purposes, while not interfering with dominant views, (c) Adequate landscaping and minimum ecological disturbance of the site, including retention of trees, rock outcroppings and natural terrain, and provision of adequate drainage facilities. All landscaping shall be continually maintained, including necessary watering, pruning and replacing in a substantially similar manner as originally approved by the board, unless altered with board approval, (d) Maximum retention of sun and light exposure, views, vistas and privacy, (e) Preservation of existing views and scenic vistas from unnecessary encroachments by structures or appurtenances, (f) Compliance with applicable policies of the general plan including the local coastal program; (4) Each project should be considered as to its historic significance in the community and efforts should be made to qI Laguna Beach retain and/or incorporate appropriate historic/architectural elements; (5) It will not conflict with the shoreline access, open space, environmentally sensitive habitat, hillside protection and visual resource policies of the city's certified local coastal program. (H) Appeals. Appeals are subject to the provisions. of Municipal Code Section 25.05.070, and Section 25.07.016 when a coastal development permit is required. (I) Effective Date/Expiration Date. (1) A design review decision shall become effective twenty calendar days after the date of the decision, unless appealed to the city council. (2) Design review approval shall lapse and become void two years following the effective date if the privileges authorized by design review are not executed or utilized, or, if construction work is involved, . such work is not commenced within such two-year period and diligently prosecuted to completion. (3) The design review board may grant a reasonable time for due cause. Said time extension shall be requested in writing by the applicant or authorized agent prior to expiration of the two- year period. (Ord. 1255 2 1, 1992; Ord. 1223 0 1 (part) , 1991; Ord. 1198 � 1, 1990; Ord. 1187 0 3(2) , 1989; Ord. 1161 3, 1988; Ord. 1159 E 1(C), (D) , 1988; Ord. 1142 7 1, 1987; Ord. 1110 i-E`. 1, 2, 1986; Ord. 1106 D 1, 1986: Ord. 1094 5, 1985) . 25.05.065 Public notice. (A) Intent and Purpose. It is the intent and purpose of this section to provide standardized noticing procedures for discretionary permits or applications which require a public notice. (B) Public Notice Procedures, One-hundred-foot Radius. (1) Upon receipt of a complete application, the department of community development shall set a date, time and place at which action shall be taken concerning the application. (2) Not less than ten days prior to the date of action, a public notice shall be mailed or delivered to the property owner or authorized agent, and all property owners shown on the last equalized county .assessment roll within one hundred feet of the exterior property lines of the subject property, and a notice shall be posted on the property. (C) Public Notice Procedures, Three-hundred-foot Radius. (1) Upon receipt of a complete application, the department of community development shall set a date, time and place of public hearing at which action shall be taken concerning the application. (2) Not less than ten days prior to the hearing, public notice shall be mailed or delivered to the property owner or authorized agent, project applicant, affected local agencies, and all property owners shown on the last equalized county assessment roll within three hundred feet of the subject property. (3) Notice of said public hearing shall also be published in a newspaper of general circulation within the city at least ten days prior to the hearing date; and a notice shall be posted on the property. (D) Public Notice Information. All notices of public hearings shall include: q2 Laguna Beach (1) Date, time and place of public hearing; (2) Identity of the hearing body or officer; (3) General explanation of the matter to be .considered; (4) General description of the location of the property subject to public hearing. (Ord. 1094 �­.- 6, 1985) . 25.05.070 Appeals. (A) Intent and Purpose. It is the intent and purpose of this section to provide standardized appeal procedures for discretionary decisions, determinations and requirements with respect to planning and development applications and requests. (B) Procedures. (1) All decisions, determinations and requirements of the planning commission, board of adjustment/design review board and director of community development may be appealed to the city council by the applicant, any other aggrieved property owner within three hundred feet of the subject property, or by a member of the city council. In those cases where the city is the applicant or an aggrieved property owner, the decision, determination or requirement may be appealed to the city council by the city manager. (2) Any appeal by the applicant or other aggrieved property owner shall be in written form specifically stating the grounds for the appeal, and shall be filed with the city clerk within the following prescribed time: (a) Appeals of decisions, determinations and requirements of by the director of community development shall be filed within ten days of the decision. (b) Appeals of decisions by the planning commission and the board of adjustment shall be filed within twenty days of the decision with the exception that temporary use permits and conditional use permits for uses in the downtown area shall have a ten-day appeal period. (3) Any member of the city council may initiate proceedings for review of any decision, determination or requirement of the planning commission, board of adjustment/design review board or director of community development by verbal or written request to the city clerk, directly or through the city manager, within the time periods set forth in subdivision (2) of this subsection. .(4) The fee for said appeal shall be as determined by city .council resolution. Except for appeals by a member of the city council or the city manager, the filing of any appeal shall be accompanied by payment of the appeal fee as determined by resolution of the city council, and no appeal shall be deemed filed unless such payment is made. (5) Upon the city clerk's receipt of a timely and otherwise proper appeal of a decision, determination or requirement of the planning commission, board of adjustment/design review board or director of community development, no further appeals shall be accepted for filing and the appeal may thereafter not be withdrawn except upon a majority vote of the city council allowing a withdrawal of the appeal. (6) Upon the city clerk's receipt of a timely and otherwise proper appeal of a decision, determination or requirement of the planning commission, board of adjustment/design review board or director of community development, the appeal shall be set for a /`3 Laguna Beach L public hearing before the city council no less than ten days nor more than forty-five days after receipt of the appeal. Notice of the hearing for the appeal shall be subject to the provisions of Section 25.05.065(C) and (D) , except that the requirement of . posting as part of the public notice shall not be required. (7) Upon the hearing of the appeal, the city council shall conduct a de novo review of the underlying application and shall not be limited to the grounds stated for the appeal, if any. The city council may reverse, wholly or partly, or may modify any. decision, determination or requirement of the planning commission, board of adjustment/design review board or director of community development. A reversal or modification shall be approved.by the city council upon the adoption of a resolution which sets forth in writing the findings relied on to conclude that the appealed decision was in error. A majority vote of .the city council shall be required to adopt a resolution reversing a denial or approval or modifying. an appealed decision of a variance, conditional use permit, temporary use permit or design review application. (C) Automatic Appeal of Application Approvals Where Conflicts of Interest of Commission or Board Members. Notwithstanding any other provision of this section, in the-event that..any member of the planning commission, board of adjustment/design review board possesses an ownership interest in the property which is the subject of a planning or development application or request, then the approval of said application .or request by the planning commission or the board of adjustment/design review board shall be automatically appealed to the city council in accordance with the otherwise applicable procedures and requirements for notice, hearing, decision and findings. (Ord. 1295 _ 2, 1995; Ord. 1292 - 2, 1994; Ord. 1223 1 (part) , 1991; Ord. 1215 7 1 (part), 1991: Ord. 1177 ^ 1, 1989: Ord. 1126 5, 1987; Ord. 1111 � 2, 1986; .Ord.. 1094 7, 1985) . 25.05.075 Revocation. (A) Intent and.Purpose. It is the intent and purpose of . this section to provide standardized procedures for discretionary decisions subject to revocation. (B) Procedures. (1) Upon violation of any applicable provisions of Title 25., or failure to comply with any conditions of approval, the planning commission, board of adjustment or the director of community development may revoke permits or privileges for which application approval or denial is within. their discretion. Variances in -violation of Title 25 or conditions of approval may . only be revoked by the city council*. ' (2) In the event erroneous facts or information were presented by the applicant and considered in the granting of a variance, or in the event a variance is approved regarding existing nonconformities and the nonconforming structure is removed in the process of construction, a public hearing shall be held by the decision-making body responsible for granting the variance. If the evidence presented indicates erroneous information was in fact presented by the applicant and did materially affect the decision and judgment in granting the variance, or did materially affect the purpose and intent of the variance, or evidence presented indicates the nonconforming qq Laguna Beach L structure was in fact removed as part of construction related to implementation of the variance, then it shall be recommended to the city council that the variance be revoked. Upon receipt of such recommendation, the city council may revoke the variance in accordance with Municipal Code Section 25.05.075 (B) (3) through (5) . (3) Prior to revocation, a noticed public hearing shall be held in accordance with the provisions of Municipal Code Section. 25.05.065(C) and (D) . (4) Not less than thirty calendar days prior to the hearing date, a written notice of intention to revoke the permit or privilege granted shall be mailed to the applicant. (5) Revocations shall be made by resolution, with the exception of revocations by the director of community development which shall be by written notice. (6) All revocations of conditional use permits and temporary use permits may be appealed to the city council subject to the appeal procedures of Municipal Code Section 25.05.070. (Ord. 1094 = 8, 1985) . Chapter 25.06 INTERPRETATIONS, PURPOSE, CONFLICT Sections: 25.06.002 Minimum requirements-Stricter regulation to govern. 25.06.004 Interpretation by planning commission. 25.06.002 Minimum requirements-Stricter regulation.to govern. In interpreting and applying the provisions of this title, these provisions shall be held to be the minimum requirements for the promotion of the public peace, health, safety, convenience, comfort, prosperity or general welfare. It is not intended by this title to abrogate, annul, impair or interfere with any existing or future provision of law or ordinance or with any easements, covenants or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use or occupancy of buildings or premises or upon the height or location of buildings or structures or upon the lot area per family, size of yards and open spaces, number of garages or other requirements whatsoever, than is imposed or required by such existing laws, ordinances, easements, covenants or agreements, the provisions of this title shall govern. (Ord. 209 (part), 1940) . 25.06.004 Interpretation by planning commission. In any case where there is difficulty in interpreting and applying the provisions of this title to any specific case or situation, the planning commission may, upon its own motion, interpret the intent of this title by resolution, and the interpretation shall be followed in applying the provisions. Any person may request such an interpretation by filing an application with the planning commission together with a filing ys Laguna Beach Chapter 22.68 ARCHITECTURAL BOARD OF REVIEW Sections: 22.68.010 Created-Purpose. 22.6&080 Appeal from ASK to Council- 22.6&020 Membership. Notice and Hearing. 22.68.030 Officers-Quorum. 22.6&090 Fees. 22.68.040 Applicability. 22.6&100 Issuance of Permits. 22.68.045 Exceptions. 22.6&110 Special Design Districts. 22AL050 Environmental Review. 22.6&120 Signs. 22.68.060 Neighborhood Preservation 22.68.130 Approval of Plans for Buildings,or Ordinance Findings. Structures,on City Lands. 22.68.065 Architectural Board of Review 22.68.140 Disqualification of Members for Notice and Hearing. Interest in Buildings. 22.6&070 Architectural Board of Review Referral to Planning Commission. 22AL010 Created-Purpose. An Architectural Board of Review is hereby created and established for the City to promote the general public welfare of the City and to protect and preserve the natural and historical charm and beauty of the City and its aesthetic appeal and beauty. (Ord.3757§35, 1975;Ord 3646§1,1974.) 22.68.020 Membership. The Architectural Board of Review shall be composed of nine(9)members to be appointed as provided in the charter. At least two(2)members of such Board shall be licensed architects,practicing their profession in the City,at least two(2)members of such Board shall be licensed landscape architects,practicing their profession in the City, and at least three(3)other members shall possess professional qualifications in related fields,including,but not . limited to,building design,structural engineering or industrial design. These members shall serve without compensation and shall hold office at the pleasure of the appointive power. (Ord.5050,1998;Ord 3792§1,1975; Ord 3646§1, 1974.) 22.68.030 Officers-Quorum. The members of the Architectural Board of Review shall elect from their own members a chairman and vice- chairman. The Community Development Director or his assistant or deputy shall act as secretary and record Board action and render written reports thereof for the Board as required by this Chapter. The Board shall adopt its own rules of procedure. Four(4)members shall constitute a quorum,one(1)of which shall be an architect. (Ord.4701, 1991;Ord 3792§1,1975;Ord 3646§1,1974.) 22.69.040 Applicability. A. BUILDING PERMITS-NONRESIDENTIAL,MULTIPLE RESIDENTIAL,TWO OR MORE STORY DUPLEX,TWO OR MORE DETACHED RESIDENTIAL UNITS AND MIXED USE. Except for properties located within El Pueblo Viejo Landmark District or another landmark district,and except for designated Landmarks [see Chapter 22.22],all applications for building permits to erect or alter the exterior of a non-residential,multiple residential,two or more story duplex or mixed use(residential and non-residential)building or structure.or which will result in two or more detached residential units on one lot,shall be referred to the Architectural Board of Review for review. B. BUILDING PERMITS-SINGLE-RESIDENTIAL AND ONE-STORY DUPLEX UNITS,. NEIGHBORHOOD PRESERVATION. Except for properties located within El Pueblo Viejo Landmark District or another landmark district,and except for.designated Landmarks[see Chapter 22.22],applications for building permits to erect or alter the exterior of a single residential or one-story duplex building or structure shall be referred to the Architectural Board of Review for review if: I. Any portion of the lot or lots is in a special design district described in Section 22.68.110;or 2. All new,and all additions to existing,single-residential and one-story duplexes;garages,and accessory structures on the lot will result in a combined floor area in excess of four thousand(4,000)square feet or a floor area to lot area ratio of thirty-five percent(35%)or greater;or 3. All additions,demolition and replacement,remodel or reconstruction projects which will result in an increase in the combined floor area of all structures on the site of more than fifty percent($O%)above the combined floor area of all structures constructed pursuant to valid building permits,existing on the site as of July 1, 1992. b 421 Santa BawbWO/99 C. GRADING AND VEGETATION REMOVAL PERMITS. All applications for grading permits involving grading and all vegetation removal permits on a lot or lots located within a Special Design District described in Section 22.68.110,shall be referred to the Architectural Board of Review or the Historic Landmarks Commission for . review,as applicable. In order to approve any grading or vegetation removal permit,the Architectural Board of Review or Historic Landmarks Commission must find,in addition to the findings in Section 22.68.U60,that the proposed grading or vegetation removal permit: 1. Will result in no significant increase in siltation or decrease in water quality of streams,drainages or water storage facilities to which the property drains;and 2. Will result in no substantial loss of southern oak woodland habitat;and 3. bin compliance with all applicable provisions of Chapter 22.10,Vegetation Removal,of this Code. D. GRADING PLANS. All subdivision grading plans involving grading on a lot or lots located within a Special Design District described in Section 22.68.110,shall be referred to the Architectural Board of Review or the Historic Landmarks Commission for review,as applicable. E. EXTERIOR COLOR. Any change of the exterior color of a non-residential building or a residential project with more than two residential units which is subject to the review of the Architectural Board of Review for another alteration,shall be referred to the Architectural Board of Review for review of exterior color. F. OUTDOOR LIGHTING. Any change of,or addition to the outdoor lighting of any building or property subject to review by the Architectural Board of Review shall comply with Chapter 22.75 and with the Outdoor Lighting Design Guidelines. G. HIGHWAY 101 IMPROVEMENTS. Improvements to Highway 101 or appurtenant highway structures. which require a Coastal Development Permit pursuant to Municipal Code Section 28.45,009 and which are located within the Highway 101 Santa Barbara Coastal Parkway Special Design District as defined by Municipal Code Section 22.68.110 shall be referred to the Architectural Board of Review for review,except for improvements to those portions of Highway 101 and its appurtenant structures that are located within the El Pueblo Viejo Landmark District subject to review pursuant to SBMC§22.22.140(B). H. SUBMITTAL REQUIREMENTS. Applications for review by the Architectural Board of Review shall be made in writing in such form as is approved by the Director of Community Development. Submittal requirements shall be established subject to approval by the Community Development Director. (Ord.5035,1997;Ord.4995, 1996;Ord.4940, 1996 Ord 4878,1994;Ord.4849, 1994;Ord 4768,1992;Ord 4725,1991;Ord 4701,1991;Ord 4076,1980;Ord 4040, 1980;Ord.3835, 1976;Ord 3646§1, 1974.) 22.68.045 Exceptions. A. ADMINISTRATIVE APPROVAL. Minor design alterations specified in the ABR Design Guidelines may be approved as a ministerial action by the Community Development Director or his/her representative without review by the Architectural Board of Review. The Community Development Director or his/her representative shall have the authority and discretion to refer any minor design alteration to the Architectural Board of Review if the alteration has the potential to have an adverse effect on the architectural integrity of the building,structure or surrounding property. Designated City.Landmarks and Structures of Merit are not eligible for administrative approvals. B. EXCEPTIONS TO REVIEW BY THE ARCHITECTURAL BOARD OF REVIEW IN THE HILLSIDE DESIGN DISTRICT. One-family and one-story two-family structures in the Hillside Design District will not be subject to review and approval by the Architectural Board of Review if- 1. The average slope of the building site and the entire property is less than twenty percent(20'/o);'and 2. The project will involve no more than 250 cubic yards of grading beyond the footprint of the main building;and 3. The project will not exceed the criteria outlined in Paragraphs 22.68.040.B.2 and B.3 above. If the project does exceed the criteria pursuant to Paragraphs 22.68.040.B.2 and B.3,it may be eligible for an exception pursuant to Paragraph 22.68.045.0 below. C. EXCEPTIONS TO REVIEW BY THE ARCHITECTURAL BOARD.OF REVIEW FOR PROJECTS NOT SUBJECT TO THE SPECIAL DESIGN DISTRICTS. A one-family or one-story two-family structure will not be subject to review and approval by the Architectural Board of Review if it is not subject to review due to its location within a Special Design District and: 1. The project does not exceed one story and a basement with a maximum building height of seventeen(17) feet measured from natural grade;or 2. The project results in a total combined floor area,including the existing and proposed dwelling,garage and accessory buildings,of two thousand five hundred(2500)square feet or less;or 3. The project meets the criteria in Subsection 22.68.045.B above,and meets all of the following criteria: a. No approvals by the City Council,Planning Commission or Modification Hearing Officer will be needed in order to build the house or the addition. b. The project will be designed in a single architectural style. In determining single architectural style, the following elements shall be taken into consideration: roof pitch and materials,window and door style and materials,window proportions and exterior colors and materials. 421 Santa Bsxbgnll97 C. A minimum of seventy-five percent(75%)of the length of each exterior wall of the second story on a new house or a second story addition to an existing house will be set back a minimum of one and one-half times the required interior yard setback,not including uncovered decks or balconies,for all interior yards. Rear yards in the R- 3 and R-4 zones are excluded d. The new house or the addition will not exceed 25 feet in height above natural grade at any point, exclusive of architectural elements such as chimneys,vents,antennae and towers that do not add floor area to the building. All portions of the roof are included in the building height. e. No portion of the building will cantilever beyond the face of the structure below by more than four feet(4). f. All new site retaining walls will either i)be less than forty-two inches.(42")in height;or ii)will.not exceed six feet(6)in height,will be faced with sandstone,fieldstone,slumpstone,adobe or similar natural-appearing materials and the total length of all retaining walls on the site,not including those that are part of buildings,will not exceed 150 feet. g. There will be no more than 250 cubic yards of grading(cut and/or fill)outside the footprint of the building(s). h. No specimen tree,skyline tree,designated Historic or Landmark tree,or oak tree with a diameter of four inches(4")or more at four feet(4)above natural grade,will be removed D. REBUTTABLE PRESUMPTION. There is a rebuttable presumption that any grading,constriction of retaining walls or removal of trees which occurs within two years prior to submittal of an application for a building permit or for review by the Architectural Board of Review to erect or alter a one-family or one-story, two-family structure or related accessory structures was.done in anticipation of such application and said activities will be included in determining whether or not the exceptions in Subsections 22.68.04.5.A and B above am applicable to the Project. (Ord.4892, 1994;Ord 4768, 1992.) 22.68.050 Environmental Review. Prior to being approved by the Architectural Board of Review,all applications for building,vegetation removal and grading permits and all subdivision grading plans covered by this Chapter shall first be processed through the environmental review procedure pursuant to the guidelines adopted by the City to implement the California Environmental Quality Act. (Ord 4878, 1994;Ord 4701,1991;Ord.3646§1, 1974.) 22.68.060 Neighborhood Preservation Ordinance Findings. The Architectural Board of Review shall find that all of the following criteria are met prior to approving any application subject to review because it satisfies the Neighborhood Preservation applicability standards of Chapter 22.68 Subsection 22.68.040.B or the property is located within the Hillside Design District[see Subsection 22.68.110.A.2 of Chapter 22.68]. Findings are not required if the application satisfies an exception per Chapter 22.68 Subsection 22.68.045.B or C. A. The public health,safety and welfare will be protected. B. The grading and development will be appropriate to the site,have been designed to avoid visible scarring, and will not significantly modify the natural topography of the site or the natural appearance of any ridgeline or hillside. C. The project will,to the maximum extent feasible,preserve and protect any native or mature trees with a minimum trunk diameter of four inches(40)measured four feet(4)from the base of the trunk. Any specimen tree, skyline tree,or oak tree with a diameter of four inches(4")or more at four feet(4)above natural grade that must be removed will be replaced on a one-to-one basis,at a minimum. Designated Specimen,Historic and Landmark trees. will not be removed D. The development will be consistent with the scenic character of the City and will enhance the appearance of the neighborhood E. The development will be compatible with the neighborhood,and its size,bulls,and scale will be appropriate to the site and neighborhood F. The development will preserve significant public scenic views of and from the hillside. (Ord.4995,1996; Ord 4768,1992;Ord.4725,1991.) 22.6&065 Architectural Board of Review Notice and Hearing. A. PUBLIC HEARING. The Architectural Board of Review shall hold a public hearing prior to taking action on any project described in Paragraph B of this Section. Not less than ten calendar days before the date of the public hearing,the City shall cause notice of the right to appear and be heard;the date,time and place of the hearing;the location of the property;and the nature of the request to be sent by first class mail to the applicant and to the current record owner of any lot,or any portion of a lot,which is located not more than one hundred feet from the exterior boundaries of the lot which is the subject of the action. Whenever a project requires another land use action by Council or by an Advisory Board or Commission,the mailed notice of hearing for the earliest final action will contain information sufficient to satisfy the notice requirements of this Section,and in those cases notice of each hearing will not be.separately mailed.. 422-1 Santa B=6 lM a B. PROJECTS THAT REQUIRE PUBLIC HEARING. Projects which must be preceded by a public hearing prior to Architectural Board of Review action are: 1. New single residential units or one story duplex units, 2. Additions of over 500 square feet or a new story to a single residential unit or one story duplex unit, 3. New multi-unit residential buildings or two story duplex units, 4. Additions of over 500 square feet or changes resulting in an additional residential unit in a multi-unit residential building, 5. Small non-residential additions as defined in Chapter 28.87, 6. Projects involving substantial grading or exterior lighting,or 7. Projects that would not otherwise require mailed notice and that in the judgment of the Architectural Board of Review or the Community Development Director could result in a significant or substantial deprivation of private property rights of other landowners. C. PIECEMEAL PROJECTS REQUIRE HEARING. All applications for grading permits,building permits,or any other permit for the same site,if submitted to the City within two years of any prior application date,are included in the calculations to determine whether a project meets the criteria in Subsection B of this Section. (Ord.4995, 19%.) 22.68.070 Architectural Board of Review Referral to Planning Commission. A. PLANNING COMMISSION APPROVAL. Applications for residential development covered by this Chapter shall be reviewed and approved,disapproved or conditionally approved by the Planning Commission,in accordance with any standards set forth by Council Resolution,prior to final Architectural Board of Review action on the application whenever. 1. The project requires the preparation of an environmental impact report("EIR")pursuant to the California Environmental Quality Act;or 2. Any portion of the site is located within the Hillside Design District and the floor area of all existing and proposed structures exceeds a cumulative total of six thousand five hundred(6,500)square feet;or 3. Any portion of the site is located within the Hillside Design District and the amount of grading exceeds five hundred(500)cubic yards of grading(cut and/or fill)on the lot excluding grading necessary for the building foundation for the main buildings. The Planning Commission shall find that the criteria set forth in Section 22.68.060 are met prior to approving any application reviewed under this Subsection. B. PLANNING COMMISSION COMMENTS. When the Architectural Board of Review determines that a project is proposed for a site which is highly visible to the public,the Board may,prior to taking final action on the application,require presentation of the application to the Planning Commission solely for its comments to the Architectural Board of Review. C. PLANNING COMMISSION NOTICE AND HEARING. The Planning Commission,or the City Council on appeal,shall hold a public hearing prior to taking any action on a project subject to its review and approval or comments under this Section. Not less than ten calendar days before the date of the public hearing,the City shall cause notice of the right to appear and be heard;the date,time and place of the hearing;the location of the property; and the nature of the request to be sent by first class mail to the current record owner of any lot,or any portion of a lot,which is located not more than four hundred fifty feet(450)from the exterior boundaries of the lot which is the subject of the action. (Ord.4995,19%;Ord 4849,1994;Ord.4768, 1992;Ord.4725,1991.) 22.68.080 Appeal from ABR to Council-Notice and Hearing. A. PROCEDURE FOR APPEAL. Any action of the Board taken under Section 22.68.040 may be appealed to the City Council by the applicant or any interested person. *1. Every appeal shall be in writing,shall state reasons for the appeal,and shall be filed with the City Clerk. within ten(10)days after the meeting at which the action was taken. 2. At its next regular meeting for which an agenda has not been finalized at the time the appeal is filed,the City Council shall set a date for a public hearing thereon,allowing sufficient time for all review bodies to complete their review before hearing the appeal. 3. Not less than ten calendar days before the date of the public hearing,the City shall cause notice of the right to appear and be heard;the date,time and place of the hearing;the location of the property,and the nature of the request,to be published at least once in a newspaper of general circulation within the City,and to be sent by first class mail to the applicant,the appellant,and the current record owner of any lot,or any portion of a lot,which is located not more than one hundred.feet(100)from the exterior boundaries of the lot which is the subject of the action. 4. A public hearing on the appeal shall be held on the date designated,unless continued,at which any interested party shall be provided a reasonable opportunity to be heard. The City Council may take such action on the appeal as it deems appropriate. The action of the City Council shall be final. 423 Santa Bastes i/96 �� B. FEE FOR APPEAL. At the time of filing an appeal,the appellant shall pay a fee in the amount established by resolution of the City Council. (Ord.4995, 1996,Ord 4701, 1991;Ord.3944,1978;Ord.3646§1,1974.) 22.68.090 Fees. No application required to be referred to the Architectural Board of Review shall be considered complete and no appeal of the Board's decision shall be considered complete unless accompanied by the application fee or appeal fee in the amount established by resolution of the City Council. (Ord.3955§6, 1978;Ord 3646§1, 1974.) 22.68.100 Issuance of Permits. . No building or grading.permit,nor approval of a subdivision grading plan,the application for which is subject to the review of the Architectural Board of Review or the Historic Landmarks Commission pursuant to this Chapter, shall be issued without the approval of the Board or the Commission,or,on appeal,by the City Council. (Ord 4849, 1994;Ord.3646§1,.1974.) 22.6&110 Special Design Districts. A. DISTRICT IDENTIFICATION. The following are identified as Special Design Districts: 1. MISSION AREA SPECIAL DESIGN DISTRICT. All real property located within one thousand feet (1000)of Part Hof El Pueblo Viejo Landmark District,as legally described in Section 22.22.100(b). 2. HILLSIDE DESIGN DISTRICT. All real property within the Hillside Design District as delineated on the maps labeled"Hillside Design District"which is part of this Code and is shown at the end of this Chapter. All notations,references,and other information shown on said map are incorporated herein and made a part hereof. The entirety of any annexation shall become a part of the Hillside Design District upon annexation. . 3. HIGHWAY 101 SANTA BARBARA COASTAL PARKWAY SPECIAL DESIGN DISTRICT. All real property within the State owned or leased right-of-way of Highway 101 and all City owned or.leased right-of- way which intersects Highway 101 within the S-D-3 Coastal Overlay Zone(SBMC§28.45.009). (Ord 4940,1996; Ord.4768,1992;Ord.4725,1991;Ord 3646§1,1974.) 22.68.120 Signs. Application for sign permits shall be considered by the Architectural Board of Review only upon an appeal filed pursuant to Section 22.70.050.9 of this Code. (Ord 4101, 1981;Ord 3646§1,1974.) 22.6&130 Approval of Plans for Buildings,or Structures,on City Lands. No building or structure shall be erected upon any land owned or leased by the City,or allowed to extend over or upon any street,or other public property,unless plans for the same and the location thereof shall first have been submitted to the Architectural Board of Review or the Historic Landmarks Commission,as applicable,for its. approval: (Ord 4849,1994;Ord 4701, 1991;Ord.3646§1, 1974.) 22.6&140 Disqualification of Members for Interest in Buildings. Any member of the Architectural Board of Review who shall be employed to execute a building or structure of any kind requiring the approval of the Architectural Board of Review or who shall:take part in competition for any . such building or structure shall be disqualified from voting thereon,and in such instance the Architectural Board of Review may at its discretion invite an expert to advise with it thereon but not at the expense of the City. (Ord.3646 §1,1974.) 424 Santa B060%1196 City of Newport Beach Planning Commission Minutes February 8,2001 INDEX oordinated, comprehensive projects so as to take advantage of the superior e ironment that can result from large scale community planning. It is incu bent upon the St. Mark's proponents to have their project tie in with the rest o planned community that is already on the ground. They need to work tog her to make sure there are no reasonable objections as far as compatibili is concerned. There may be a requirement for an environmental impact reportt the very least there will be traffic studies on it. All those issues will have to be alressed. Barry Eaton as an ab've member of St. Mark's noted that St. mork's is very willing to meet with theig Canyon people and is in support of this application. Commissioner Agajanian not his support but he is concerned about the open space. Motion was made by Commissioner cker to recommend to the City Council initiation of General Plan Amendment 1-1 C, St. Mark Presbyterian Church at the northwest comer of MacArthur BoZ)14 ward and San Joaquin Hills Road to amend the Newport Beach General Plan. �. Commissioner Gifford noted she would not sup this initiation because of the designation of open space on the site to be use&4or this project. There are many places in Newport Beach that are designated�i development, but very few for open space. Many of these areas designated as n space and even given to the City for that purpose have since been develo dXh Chairperson Selich noted that his concerns have been som with the site plan that was included with the packet. Howevome serious reservations about the access issues on this project. Ayes: McDaniel, Kiser,Agajanian,Selich, Kranzley,Tucer FILE COPY. Noes: Gifford SUBJECT: Proposed Development Plan Review Procedures Item T PA 2001-001/GPI 2001- Initiation of an amendment to Title 20 of the Newport Beach Municipal Code to 001 establish procedures for development plan review. Motion was made by Commissioner Kranzley to continue this item to the next Continued to Planning Commission meeting on February 22nd. He also requested some 02/22/2001 additional information on examples of design guidelines for other cities such as LoJolla,Santa Barbara, Palo Alto,Claremont,Carmel and Laguna Beach. Ayes: McDaniel, Kiser,Agajanian,Selich,Gifford, Kranzley,Tucker Noes: None Absent: None 41 avcra CITY OF NEWPORT BEACH Hearing Date: February 8,2001 4� PLANNING DEPARTMENT Agenda Item No.: 7 33oo NEWPORT BOULEVARD Staff Person: Patrick J.Alford T NEWPORT BEACH,CA 92W (949)644-3235 (949)644-32—,FAX(949)644'32250 REPORT TO THE PLANNING COMMISSION SUBJECT: Proposed Development Plan Review Procedures SUMMARY: Initiation of an amendment to Title 20 of the Newport Beach Municipal Code to establish procedures for development plan review. ACTION: Adopt resolution of intent to revise Chapters 20.00-20.40, 20.42-20.46, 20.55, 20.60, 20.65, 20.67, 20.90, 20.92, and 20.96 of the Zoning Code to establish new development plan procedures. Background On August 3,2000,the Planning Commission reviewed a proposed amendment to the Zoning Code that would establish a new procedure that would require development plans for new projects. The Planning Commission directed staff to submit the proposed amendment to the Environmental Quality Affairs Committee (EQAC) and the Economic Development Committee (EDC) for review and comment. Analysis The Proposed Amendment The proposed amendment was revised shortly after the August 3, 2000 hearing, in response to the Planning Commission's direction to provide a two-tier process in which smaller projects could be reviewed administratively by staff while the Planning Commission review would be limited to the larger projects. The proposed amendment would revise Chapter 20.92 of the Zoning Code to replace Site Plan Review with a new procedure that would require development plans for projects that meet the following thresholds: 1. Residential projects involving the construction of 3 or more dwelling units. 2. Non-residential projects involving new construction of 10,000 square feet or more; additions to existing buildings exceeding 2,500 square feet or 50 percent of the existing floor area,whichever is less. 3. Any project subject to the California Environmental Quality Act (CEQA) for which either a mitigated negative declaration or an environmental impact report is required. The Planning Commission would review residential projects involving 10 units or more and non- residential projects involving more than 50,000 square feet of floor area. The Planning Director would review all other projects. The thresholds can be modified (increased or decreased) through the adoption of development review procedures in a specific plan, overlay district, or Planned Community District development plan. However, if an existing specific plan, overlay district, or Planned Community District development plan does not contain any development review procedures, then these thresholds would apply. The Planning Director would have the authority to waive the requirement for a development plan for public works projects or projects that involve only minor alterations,addition, or replacement to an existing structure that is in conformance with a previous approval. Other changes to Chapter 20.92 include minor modifications to the development standards, the inclusion of required findings, and clarification of the administrative procedures. The development standards (Section 20.92.030) were updated to reflect existing General Plan policies and standard for signs has been added. The required findings reflect the need for consistency with the purposes and standards of the chapter, consistency with the General Plan and other City polices, and compatibility with existing and potential development on adjacent properties and the surrounding area. The revisions to the administrative procedures relate to those instances when the authority to approve a development plan is assigned to the Planning Director by a specific plan, overlay district, or Planned Community District development plan. The amendment would also revise Chapter 20.55 to replace the SPR Overlay District with a new Development Review (D) Overlay District. Currently, the SPR Overlay District can only be applied to areas with very specific environmental characteristics. The intent is to make this chapter more generalized so that it can be applied to address a number of design-related and environmental issues. For example, this overlay could be applied to the Balboa Peninsula to implement the sign guidelines and regulations adopted for that area. The revisions to the other chapters of the Zoning Code (20.00-20.40, 20.42-20.46, 20.60, 20.65, 20.67,20.90,and 20.96)reflect the proposed nomenclature changes. EOAC Recommendation EQAC formed a subcommittee to review the proposed amendment, which reported back to the full committee on December 18, 2000. EQAC voted in favor of the concept of the development plan review, but suggested revisions, which they believe will strengthen the ordinance. The EQAC recommendations are summarized as follows: ■ Adding a new residential threshold of 5,000 square feet for new construction. ■ Lowering the thresholds for new non-residential construction from 10,000 to 5,000 square feet and from 2 acres to 1 acre. ■ Requiring that the Planning Commission approve any waiver of development plan requirements by the Planning Director. Development Plans(PDA 2001-012) February 8,2001 Page 2 ■ Limiting waivers for minor alterations, additions, or the replacement of existing structure to no more than 10 percent of an existing structure. ■ Requiring that the Planning Commission have final decision-making authority over development plans approved by the Planning Director. ■ Deleting the required findings. ■ Reducing the permitted time extensions from a maximum of 3 years to 1 year. ■ Reducing the time period in which a development plan lapses if the exercise of rights granted by are discontinued from 180 days to 120 days. ■ Removing the Planning Director's authority to waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. In addition, EQAC recommended some minor wording changes to the chapter purposes section (Section 20.92.010) and the standards section (Section 20.92.040). The complete text of EQAC's recommendations is attached(Attachment#2). As currently worded, EQAC's recommendation would require a development plan for a single family home if it involved new construction of 5,000 square feet or more. It is not clear if this was EQAC's intent. However, staff believes that the development plan requirement should be limited to multi-family residential projects. The lowering of the non- residential thresholds are less problematic and should be discussed in conjunction with whether such projects should be reviewed administratively or by the Planning Commission. In staffs opinion, EQAC's recommendation for Planning Commission approval of the Planning Director's waiver of the development plan requirements is unnecessary. The Zoning Code already provides that any member of the Planning Commission can call up for review any decision of the Planning Director. Similarly, EQAC's recommendation that the Planning Commission have final decision-making authority over development plans approved by the Planning Director is unnecessary since such decisions are also subject to call up for review. Additionally, a mandatory requirement that the Planning Commission finalize the Planning Director's decision would have the unusual effect of a longer and more complex process for smaller projects than that required for larger ones. It is unclear whether absence of the section containing the required findings in the EQAC recommended draft was intentional. However, staff believes that such findings should be included to assist in insuring consistency with adopted polices and regulations and compatibility with existing and potential development. Development Plans(PDA 2001-012) February 8,2001 Page 3 Finally, EQAC's recommendations concerning time extensions, discontinuance, and amendments and new applications deviates from the standard language used in other sections of the Zoning Code concerning use permits, variances, and modification permits. Staff believes that these recommended changes should not be incorporated in order to maintain consistency in the administration of all of the City's discretionary permits. EDC Recommendation The EDC also formed a subcommittee to review the proposed amendment. The EDC subcommittee indicated that they had three major concerns. First, that the processing of projects would be significantly lengthened. Second, that the thresholds were too low. Finally, that the process would limit the variety of architectural, site,and landscape design. The EDC subcommittee brought the matter to the full committee on January 17, 2001. Some EDC members shared the subcommittee's concerns, while others felt the City needs a process to review development. While declining to take formal action regarding the proposed amendment, the EDC recommended that the process of reviewing the proposed amendment should continue. Applicability of CEQA Ministerial projects, such as the issuance of a building permit,are exempt from the requirements of the California Environmental Quality Act (CEQA). Since the review of a development plan, whether by staff or the Planning Commission, involves the exercise of judgment or deliberation, it would be by definition a"discretionary project" and would be subject to the provisions of CEQA. Therefore, adoption of this process would require more projects to be subject to the CEQA process. As a result, the processing time for such projects would be increased several weeks if a negative declaration is required or by several months if an environmental impact report is required. CEQA provides a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Staff believes that most of the projects that would be subject to development plan review would be included under one or more of these "categorical exemptions" and therefore would not be significantly delayed by the CEQA process. Some of the more common categorical exemptions are as follows: ■ Class 1 consists of the operation,repair,maintenance,permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. ■ Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. ■ Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small Development Plans(PDA 2001-012) Febmary 8,2001 Page 4 structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. ■ Class 32 consists of projects characterized as in-fill development. Other Considerations The City is in the process of developing standards for telecommunications facilities, including antennas. Staff believes that it would be appropriate to require a development plan approved by the Planning Director for such facilities. Also, staff believes it to be prudent to require a development plan approved by the Planning Director for grading projects involving a specified threshold of excavation or fill (i.e., 25,000 cubic yards of material). Standards and procedures for these project types are still being developed. However, staff believes that they should be incorporated into the next draft of the proposed amendment,unless otherwise directed by the Planning Commission. Submitted by: Prepared by: PATRICIA L.TEMPLE PATRICK J. ALFORD Planning Director Senior Planner Attachments: 1. Draft Zoning Code Chapter 20.92. 2. EQAC Report 3. Draft resolution of intent. Development Plans(PDA 2001-012) February 8,2001 Page 5 Page 20.92-1 Development Plans CHAPTER 20.92 DEVELOPMENT PLANS Sections: 20.92.010 Purpose 20.92.020 Projects Requiring A Development Plan 20.92.030 Duties of the Planning Commission and the Planning Director 20.92.040 Standards 20.92.050 Application for A Development Plan 20.92.060 Required Findings 20.92.070 Conditions of Approval 20.92.080 Notice and Public Hearing 20.92.090 Expiration, Time Extension,Violation,Discontinuance,and Revocation 20.92.100 Amendments and New Applications 20.92.110 Rights of Appeal and Review 20.92.010 Purpose The City Council finds, determines and declares that establishment of the development plan review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that: A. Development of properties is consistent with the General Plan and the City's goals, objectives,policies, and programs. B. Superior aesthetics,design compatibility and high quality site planning are achieved. C. The value of property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk,inappropriate placement of structures and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area. D. The benefits derived from expenditures of public funds for improvement,acquisition and beautification of streets,parks, and other public facilities are maximized by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. oorooroo Page 20.92-2 Development Plans E. Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. 20.92.020 Projects Requiring A Development Plan A. A development plan shall be required for the following projects: 1. Residential Projects. Residential projects involving the construction of 3 or more dwelling units. 2. Non-Residential Projects. Non-residential projects involving new construction of 10,000 square feet or more; additions to existing buildings exceeding 2,500 square feet or 50 percent of the existing floor area, whichever is less; or new development on a site of 2 acres or more. 3. Projects Subiect to CEOA. All projects subject to the California Environmental Quality Act (CEQA) for which either a mitigated negative declaration or an environmental impact report is required. 4. D Overlay District. Projects within a D overlay district. 5. Establishment of Grade. Projects requiring the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.65.030 (B-3). B. Applicability to Specific Plans,Overlay Districts,and PC Districts.Any development review procedures, including the types of projects requiring a development plan and the extent of design review, established by a specific plan, overlay district, or Planned Community District development plan shall supersede the requirements of this chapter. C. Waiver. The Planning Director may waive the requirements of this section for public works projects or if the project involves only minor alterations, addition, or replacement to an existing structure or is in conformance with a previously approved development plan, use permit, variance, modification permit, or other equivalent approval. 20.92.030 Duties of the Planning Commission and the Planning Director A. Authori . The Planning Director shall approve,conditionally approve,or disapprove applications for development plans. However,when a development plan application involves a residential project of 10 or more dwelling units or a non-residential project 00/00/00 Page 20.92-3 Development Plans of more than 50,000 square feet of floor area,the Planning Commission shall have final decision-making authority. The Planning Commission shall also have final decision-making authority for any development plan application filed in concurrently with a permit requiring Planning Commission approval. Exception. The City Council shall have final decision-making authority on the applications for development plans filed concurrently with amendments to the general plan,zoning code, or a planned community development plan or with a development agreement. B. Rendering of Decision. The Planning Director shall render a decision within 35 days of the acceptance of a complete application. The Planning Commission shall render a decision within 35 days of the conclusion of the hearing. C. Report to the Planning Commission. Upon rendering a decision on a development plan or on the waiver of a development plan,the Planning Director shall report to the Planning Commission at the next regular meeting or within 14 days of the decision, whichever is appropriate. D. Notice of Decision. Upon the rendering of a decision on a development plan,a notice of the decision shall be mailed to the applicant. 20.92.040 Standards In addition to the general purposes set forth in Section 20.92.010, in order to carry out the purposes of this chapter as established by said section,the development plan review procedures established by this section shall be applied according to and in compliance with the following standards,when applicable: A. Sites subject to development plan review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain,harbor, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed; B. The site plan, building design and landscaping of the project shall achieve high quality and appearance that will enhance and be compatible with the character of the surrounding area. C. Development shall be sited and designed to maximize protection of public views, with special consideration given to views from coastal views identified in the Local Coastal Program and public view parks and from scenic roadways and scenic drives identified in the Recreation and Open Space Element of the General Plan; ooiooi00 Page 20.92-4 Development Plans D. Environmentally sensitive areas shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impacts; E. No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impacts; F. Residential development shall be permitted in areas subject to noise levels greater than 60 dB CNEL only where specific mitigation measures will reduce noise levels to be consistent with noise level policies of the Noise Element of the General Plan; G. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development; H. All signs shall be architecturally integrated with their surroundings in terms of size, shape, color, texture, and lighting so that they are complementary to the overall design of the building; I. Development shall be physically compatible with the development site,taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources; I Electrical and similar mechanical equipment and trash and storage areas shall be concealed; K. Archaeological and historical resources shall be protected to the extent feasible; L. Non-residential development shall not have significant adverse effects on residences in an abutting residential district. 20.92.050 Application for Development Plan An application for a development plan shall be filed in a manner consistent with the requirements contained in Chapter 20.90: Application Filing and Fees. 00/00/00 Page 20.92-5 Development Plans 20.92.060 Required Findings The Planning Commission or the Planning Director, as the case may be, shall approve or conditionally approve an application for a development plan if,on the basis of the application,plans, materials, and testimony submitted,the Planning Commission or the Planning Director finds: 1. That the development plan is consistent with the purposes and standards of this chapter and the purposes of the district in which it is located. 2. That the development plan is consistent with the General Plan and any applicable specific plan, Planned Community District development plan, or design guidelines. 3. That the development plan is compatible with existing and potential development on adjoining properties or in the surrounding area. 20.92.070 Conditions of Approval The Planning Commission or the Planning Director,as the case may be,may impose such conditions in connection with the granting of a development plan as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. 20.92.080 Notice and Public Hearing A. Public Hearings. Public hearings are required only for development plan applications where the decision-making authority is assigned to the Planning Commission. B. Required Notice. Notice of such hearing shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of owners as required by this section. b. Nonresidential Districts. At least 10 days prior to the hearing,notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights-of-way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll 00/00/00 16 r Page 20.92-6 Development Plans or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least 10 days prior to the hearing. C. Contents of Notice. The notice of public hearing shall contain: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time,place, and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. D. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.92.090 Expiration,Time Extension,Violation,Discontinuance,and Revocation A. Expiration. Any development plan granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted. 00/00/00 i� Page 20.92-7 Development Plans In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a development plan for a period or periods not to exceed 3 years. An application for a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of Terms. Any development plan granted in accordance with the terms of this code may be revoked if any of the conditions or terms of development plan are violated or if any law or ordinance is violated in connection therewith. D. Discontinuance. Any development plan shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.92.100 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a development plan,or a change to plans that would affect a condition of approval, shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor,do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New An licications. If an application for a development plan is disapproved,no new application for the same, or substantially the same, the development plan shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 20.92.110 Rights of Appeal and Review A. Appeals and Review. Decisions of the Planning Director may be appealed by any interested party to the Planning Commission. Decisions of the Planning Commission may be appealed by any interested party to the City Council. B. Calls for Review. The Planning Commission may review any decision of the Planning Director. The City Council may review any decision of the Planning Commission. 00/00/00 Page 20.92-8 Development Plans C. Procedures. Procedures for appeals and calls for review shall be as prescribed by Chapter 20.95: Appeals and Calls for Review. 00/00/00 13 REPORT OF SUBCOMMITTEE RE: DEVELOPMENT PLANS We support the concept that the City should have a site plan and design review of commercial and multi-family projects that the City does not now have the ability to review. Virtually every other city in Orange County has done this for years. However, design review is not the only reason for this proposal. Under current code projects can be built with little or no staff, commission or council input under current zoning rules. It is believed that the citizens would support review of more projects and this proposal would be the method to allow that review by making all projects in certain categories subject to review. Without this change, many significantly sized projects could be built without the City having any oversight on the project if it met the building code and basic requirements of the current zoning on the property. Some members objected to the proposal because it is a proposal for subjective design review. Their concerns were: What is the function of the Planning Commission? What does the PC see as its function? Is it the goal here to provide design review where none now exists? Do we want an Architectural Review Board? With our plethora of development standards, vision and design frameworks, language in specific area plans, we appear to be waltzing around the issue to avoid saying it. 1`� The purpose of re-wording the language submitted to us by the City staff was to ensure that adequate notice was given to any effected person and to strengthen the role of the Planning Commission in its oversight of the Planning Director and the projects that may fall into the purview of these Development Plans. CHAPTER 20.92 DEVELOPMENT PLANS Sections: 20.92.010 Purpose 20.92.020 Projects Requiring A Development Plan 20.92.030 Duties of the Planning Commission and the Planning Director 20.92.040 Standards 20.92.050 Application for A Development Plan 20.92.060 Required Findings 20.92.070 Conditions of Approval 20.92.080 Notice and Public Hearing 20.92.090 Expiration, Time Extension, Violation, Discontinuance, and Revocation 20.92.100 Amendments and New Applications 20.92.110 Rights of Appeal and Review 20.92.010 Purpose The City Council finds, determines and declares that establishment of the development plan review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that: A. Development of properties is consistent with the General Plan and the City's goals, objectives, policies, and programs. B. Superior aesthetics, design compatibility and high quality site planning are furthered and enhanced. C. The value of property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area. D. The benefits derived from expenditures of public funds for improvements, acquisition and beautification of streets, parks, and other public facilities are complemented by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. 3 E. Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor, beaches, and ocean, to preserve and stabilize the natural terrain and bluffs, and to protect and enhance the environmental resources of the City including views, water quality, natural terrain, and other factors contributing to the quality of life in the community. 20.92.010 Projects Requiring A Development Plan A. A development plan shall be required for the following projects: 1. Residential Projects. Residential projects involving the construction of 3 or more dwelling units or the new construction proposed exceeds 5,000 square feet. 2. Non-Resident Projects. Non-residential projects involving new construction of 5,000 square feet or more; additions to existing buildings exceeding 2,500 square feet or 50 percent of the existing floor area, whichever is less; or new development on a site of 1 acre or more. - 4 - 3. Projects Subject to CEQA. All projects subject to the California Environmental Quality Act (CEQA) for which either a mitigated negative declaration or an environmental impact report is required. 4. D Overlay District. Projects within a D overlay district. 5. Establishment of Grade. Projects requiring the establishment of grade by the Planning Commission or the City Council in accordance with-Section 20..65.030 (B-3). B. Applicability to Specific Plans, Overlay Districts, and PC Districts. Any development review procedures, including the types of projects requiring a development plan and the extent of design review, established by a specific plan, overlay district, or Planned Community District development plan shall supersede the requirements of this chapter. (COMMITTEE QUESTION: Does this exception swallow up this proposal?) - 5 - C. Waiver. With the approval of the Planning Commission, the Planning Director may waive the requirements of this section for the following projects: (1) public works projects; (2) the project involves only alterations, additions, or replacement to an existing structure of not more than ten percent of the existing structure; or (3) the project is in conformance with a previously approved and active development plan, use permit, variance, modification permit, or other equivalent approval. The Planning Director must report any such waiver to the Planning Commission at its next regularly scheduled meeting following the granting of a waiver by the Planning Director and the Planning Commission must act to either approve or deny the granting of such waiver. 20.92.030 Duties of the Planning Commission and the Planning Director A. Authority. The Planning Director shall act so as to approve, conditionally approve, or disapprove applications for development plans. Notwithstanding anything in this Chapter, the Planning Commission shall be the final decision maker in any action under this Chapter. Moreover, when a development plan application involves a residential project of 5 or more dwelling units or a non-residential project of more - 6 - than 10,000 square feet of floor area, the Planning Commission shall have final decision-making authority. The Planning Commission shall also have final decision-making authority for any development plan application filed concurrently with a permit requiring Planning Commission approval. Exception. The City Council shall have final decision-making authority on the applications for development plans filed concurrently with amendments to the general plan, zoning code, or a planned community development plan or with a development agreement. B. Rendering of Decision. The Planning Director shall render a decision within 35 days of the acceptance of a complete application. The Planning Commission shall render a decision within 35 days of the conclusion of the hearing. C. Report to the Planning Commission. Upon rendering a decision on a development plan or on the waiver of a development plan, the Planning Director shall report to the Planning Commission at the next regular meeting or within 14 days of the decision, whichever is appropriate. The Planning Director's report shall include a reduced copy of the site plan - 7 - and front elevation of each approved plan, and acknowledgement that the Planning Director's decision is not final until the Planning Commission has had the opportunity to call the matter up pursuant to Section 20.42.110.B. Likewise, a decision of the Commission shall not be final until the City Council has had the opportunity to call it up. D. Notice of Decision. Upon the rendering of a decision on a development plan, a notice of the decision shall be mailed to the applicant. 20.92-040 Standards In addition to the general purposes set forth in Section 20.92.010, in order to carry out the purposes of this chapter as established by said section, the development plan review procedures established by this section shall be applied according to and in compliance with the following standards, when applicable: A. Sites subject to development plan review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, beaches, ocean, and landscape, giving special consideration to waterfront resources, unique landforms such as coastal bluffs or other sloped areas, and other environmental resources; trees and shrubs shall not be indiscriminately destroyed; - 8 B. The site plan, building design and landscaping of the project shall achieve high quality and appearance that will enhance and be compatible with the character of the surrounding area. C. Development shall be sited and designed to maximize protection of public views, with special consideration given to coastal views identified in the Local Coastal Program and public view parks and from scenic roadways and scenic drives identified in the Recreation and Open Space Element of the General Plan; D. Environmentally sensitive areas shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level. E. No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level. - 9 - ,�7nr F. Residential development shall be permitted in areas subject to noise levels greater than 60 dB CNEL only where specific mitigation measures will reduce noise levels to be consistent with noise level policies of the Noise Element of the General Plan; G. Site plan and layout of building, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional as well as aesthetic aspects of site development; H. All signs shall be architecturally integrated with their surroundings including-size, shape, color, texture, and lighting so that they enhance and complement the overall design of the building and its relationship to adjoining area; I. Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources; J. Electrical and similar mechanical equipment and trash and storage areas shall be concealed; - 10 - K. Archaeological and historical resources shall be protected. L. Non-residential development shall not have significant adverse effects on residences in an abutting residential district. 20.92.070 Conditions of Approval The Planning Commission or the Planning Director, as the case may be, may impose such conditions in connection with the granting of a development plan as they deem necessary to further, implement and secure the purposes of this Chapter and may require guarantees, evidence and other requirements that such conditions are being or will be complied with. 20.92.080 Notice, Administrative Decisions and Public Hearings A. Public Hearings. Public hearings are required only for development plan applications where the decision-making authority is assigned to the Planning Commission. B. Required Notice. Notice of such hearing or decision on application shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing or administrative decision, notice shall be mailed to the applicant and all owners - 11 - of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of owners as required by this section. b. Nonresidential Districts. At least 10 days prior to the hearing or administrative decision, notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening right-of-way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. - 12 - r al'j 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing or administrative decision. 3. Public Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least 10 days prior to the hearing or administrative decision. C. Contents of Notice. The notice of public hearing or administrative decision shall contain: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the date, time, place, and purpose of the public hearing or administrative decision; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard at the public hearing or their rights of appeal in the case of an administrative decision. - 13 - 5. The right of a person to submit written comments at any stage of these proceedings. D. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.92.090 Expiration, Time Extension, Violation, Discontinuance and Revocation A. Expiration. Any development plan granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative lesser time specified as a condition of approval unless; 1. A grading permit has been issued and grading has been entirely completed and approved; 2. A building permit has been issued and construction has commenced and will be completed within 60 days; 3. A certificate of occupancy has been issued; or 4. The use is established or 5. A time extension has been granted. - 14 - In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a development plan for a period or periods not to exceed 1 year. An application for a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of Terms. Any development plan granted in accordance with the terms of this code may be revoked if any of the conditions or terms of development plan are violated or if any law or ordinance is violated in connection therewith. D. Discontinuance: Any development plan shall lapse if the exercise of rights granted by it is discontinued for 120 consecutive days. E. Revocation. Procedures for revocation shall be prescribed by Chapter 20.96: Enforcement. 20.92.100 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a development plan, or a change to plans that would affect a condition of approval, shall be treated as a new application. - 15 - B. New Applications. If an application for a development plan is disapproved, no new application for the same, or substantially the same, the development plan shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 20.92.110 Rights of Appeal and Review A. Appeals and Review. Decisions of the Planning Director may be appealed by any interested party to the Planning Commission. Decisions of the Planning Commission may be appealed by any interested party to the City Council. B. Calls for Review. The Planning Commission may review any decision of the Planning Director. The City Council may review any decision of the Planning Commission. C. Procedures. Procedures for appeals and calls for review shall be as prescribed by Chapter 20.95: Appeals and Calls for Review. 16 - RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DEVELOPMENT PLANS FOR LARGE COMMERCIAL AND RESIDENTIAL PROJECTS WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the Planning Commission to adopt a resolution initiating amendments to the Zoning Code of the City of Newport Beach; and WHEREAS, the Planning Commission intends to initiate an amendment to revise Title 20 of the Newport Beach Municipal Code to establish new development plan procedures. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach to initiate an amendment to Title 20 of the Newport Beach Municipal Code to establish new development plan procedures. ADOPTED this 8th day of February, 2001,by the following vote,to wit: AYES NOES ABSENT BY Edward Selich, Chairman BY Larry Tucker, Secretary 1 �b City of Newport Beach FILE COPY Planning Commission Minutes February 22, 2001 INDEX caused because of the existence of the proposed improvements. The ncroachment agreement shall be reviewed in accordance with all alicable procedures and requirements and shall be recorded prior to the recdrNAQtion of Lot Line Adjustment No. 2000-013. 9. A draina * and utility plan shall be prepared by the applicant and approved by"the Public Works Department prior to issuance of any grading or building perr ►i;ts. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the drainage and utility plan or as deemed necessary by the Public Works Department shall be the responsibility of tt e developer. 10.Disruption caused by constructian work along roadways and or movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic cor"rtrol and transportation of equipment and materials shall be conducted in xb�cordance with state and local requirements.There shall be no constructio"h,.storage or delivery of materials within the City park except where the driveway extension proposed. •1'h 11.The site plan and elevations submitted this evening ate!titled L1, PW-1,A-2, A- 2a and A-3 are adhered to as a condition of approvalb the extent that they are in compliance with Title 20. The recommendation will also incorporate that in approving the encroachment agreement that any en6xr pchment into the landscaped parkway area on Bayside Drive be mini►i&ed to the maximum extent. N\ SUBJECT: Proposed Development Plan Review Procedures Item 6 Initiation of an amendment to Title 20 of the Newport Beach Municipal Code to Continued to establish procedures for development plan review. Information on 03/22/2001 development review procedures in other California cities. Following a five-minute break the Planning Commission meeting was resumed. Senior Planner Patrick Alford gave a brief summary of the staff report. He stated that there was additional information provided tonight based on Commissioner Kranzley's request to see similar development review procedures in other coastal cities in California. Chairperson Selich suggested that the discussion be of the concerns with the major concepts and then actually get into the wording of the proposed ordinance as appropriate and necessary. 18 6 46 City of Newport Beach Planning Commission Minutes February 22, 2001 INDEX Commissioner Tucker noted his concerns about: • Applicability of CEQA to projects where they are not applicable now. • Would not support putting applicants through any more than they do now with the exception of substantial projects i.e.,The Shores. • Comments on text change-at what level do we jump in? I would look at a 2,500 square foot expansions, or 50% of an existing floor area, etc. He indicated that he would like to have a discussion on the level concept. • He then asked the City Attorney if the Planning Commission could specify that the review is not a discretionary review for CEQA purposes and, if it were deemed to be, then these provisions would not apply to the project. • He then expressed his concern of telling the public about a discretionary review and the ramifications. Commissioner Kranzley noted his concerns about: • Design review with regard to aesthetics, quality and compatibility. • Planning Commission is not qualified to make determinations regarding styles,designs,colors,etc. • We are asked to do a lot of things as citizens by the City Council with the advice of the planning and legal staff to help us make these decisions. • The City does not have the professional help. Assistant City Manager Sharon Wood noted that she had worked in a city that had design review with no one on staff who had any formal architectural or landscape architecture training. Those staff members learned those things so that they could do the review that was required and write the staff report. We did, in that case, have an architectural commission and by code it had three of the seven members as design professionals. Commissioner Kranzley continued by noting for discussion a suggestion that there be a committee, similar to the Modifications Committee, that is a design review committee to be comprised of professional and staff members who will review projects. The decision of this new committee could be subject to appeal or call up to the Planning Commission. One thought would be to apply a higher threshold and look at the larger projects rather than the ten units. If it works then the threshold could be lowered. Commissioner Gifford noted her concerns about: • Adding a new residential threshold of 5,000 square feet for new construction as a general concept is too broad. • There are some instances where we should have some square footage limit.i.e.,tonight's project for Port Weybridge. • I suggest that whatever the number be it would be in the case of a certain size lot. Or,if there are certain parts of the city where we feel that over X number of square feet would come in. • I object to having this completely exempt a single family residential. Commissioner Agajanian noted his concerns: • Supports this development plan proposal. 19 City of Newport Beach Planning Commission Minutes February 22, 2001 INDEX • Any additional project review would be beneficial. Commissioner McDaniel noted he hates design review based on his past personal experience. He is not opposed to having some sort of control over the larger construction items. He noted that he is in agreement with starting at the top to see if that is an answer. Chairperson Selich noted: • This is not design review. • As a developer, he stated that he has never developed without some type of development plan review procedure that is tied into either a use permit, shopping center approvals, apartment complex and or condominium complex. Generally, the only things that may be exempt are small residential projects, duplexes, triplexes and single family homes that are not part of a planned community. • Planned communities usually have development plan review procedures built into them. • This process would bring the City up to contemporary standards. 1 don't believe that we need to have design professionals. I think that staff training is sufficient;this is just another part of what is being done. • 1 would not want a process that just because of the development plan review puts more applicants subject to CEQA. Maybe the solution is not so much in the design guidelines, but that we go back and look at what projects require discretionary approvals and approach it from that direction, i.e., the shopping center that is going in at the Speedway restaurant. • We need to look at the code and reach a level of comfort on the CEQA compliance issue. Ms. Temple noted that in regard to the CEQA review it is of great importance to identify the thresholds of projects that you feel you want to put under this new scrutiny, looking at those considerations in relationship to CEQA exemptions, and the possibility for environmental affects because most of those projects might be at or near the exempt category anyway. Hearing what your desires are, being willing to use greater application of the general rule exemption is also a possibility for the city to build in some manner into the procedural process of this requirement. If the project clearly would not have any environmental affect, its CEQA process is likely to be modest at best. Weighing those CEQA issues in relation to the thresholds is something that you might want to investigate as well. Chairperson Selich noted that if we are going to do a CEQA review we should identify it in the Zoning Code as a project that is clearly discretionary and put it under CEQA review and not look at trying to get a CEQA review through a design review procedure. (he then presented examples) Commissioner Tucker added that it is not the ones that are categorically exempt or otherwise exempt that I am worried about, it is the ones that aren't exempt and wouldn't be otherwise exempt. If they are exempt we haven't exposed 20 City of Newport Beach Planning Commission Minutes February 22, 2001 INDEX somebody to something that they would not have otherwise been exposed to. Ms. Temple agreed and suggested looking at the thresholds, as it could be that because of the scale of the projects, they should be subject to CEQA anyway. I believe that through this development plan process it is your intention to impose conditions of approval, that is discretion and that means it is not a ministerial project. Chairperson Selich noted that on the issue of thresholds, we ought to look at where we have the most need for development plan review. I think it is generally on the non-residential projects and in large residential projects. Getting into single family homes worries me, irrespective of the size. I know that is going to continue to be an issue as we get into these neighborhoods such as this transition in Harbor View Homes. There are two levels here, one is you have areas like Harbor View where there is an association with an architecture review board that is knowingly changing the character in the neighborhood and two, getting into areas like Newport Heights or the Peninsula that don't have homeowners association where we have the large home issues. I am not sure that is something I am really prepared to tackle at this point in time within the context of these regulations. Where do we set the threshold, is 3 too low or should it be higher? My own basis historically, if I were to draw the threshold down that low I would tend to go more towards a four-plex or larger. I would still feel more comfortable with the larger residential units, whether ten units or whatever. Usually these smaller projects are being done in an area that is already subdivided and the land character is established as opposed to something like the Shores Apartment project of about 8.5 acres was pretty large. - Chairperson Selich noted the following: • Expansion of local government bureacracy. • Development plan review procedures are incorporated in Zoning Code. • Some communities have set up design and architecture review boards, some broader than others. • Personal experiences on a design review board. Commissioner Tucker noted he supports a development plan review because the Planning Commission has had projects to review and had no idea what they looked like. No one had a duty to submit anything for the review. The office building came in for a variance that was a mid 70's style cube and the question I asked is what is it going to look like? That is what I would like to have, a development plan review process so that we can at least take a look at the project. I do not want professionals on the review committee, that is a mistake in my mind. Agreeing with the Chairman, he noted that they should not get involved with single family residences. Commissioner Gifford noted the following: • Triplexes or four-plexes on the Peninsula on small lots and close together, my sense is those are the very projects that tend to be builder designed. The land is expensive and everyone wants to utilize it to the max. You tend to get 21 f City of Newport Beach Planning Commission Minutes February 22, 2001 INDEX the huge bulk and mass with minimum articulation. • Buildings that are big boxes have a huge impact in communities like the Peninsula by the fact that you never have big setbacks or a lot of landscaping to soften the appearance. My view is that we are not triggering CEQA review where it would otherwise be unnecessary, we are not trying to get into people's hearts, minds and dreams and tell them they should do contemporary and not an Italian villa. We are talking about whatever style they choose that it takes into consideration the concept of mass, bulk and articulation. • 1 would like to look at the idea of carefully selected thresholds for smaller projects. Chairperson Selich noted his agreement with the intent on these lots but stated this should be done through the development plan regulations and set our zoning standards so that we do not end up with the big boxes. There are criteria for those lots to prevent that from happening. Commissioner Gifford suggested that the Planning Commission submit in writing their conflicts, deadlines, word changes and any other details regarding the Ordinance to staff. Ms. Temple added whether they be broad and general that we would need to further analyze in the staff report or specific wording concerns we can incorporate everything and bring this back for another hearing and advertise it to the public. Chairperson Selich suggested that this is a radical and bold approach. In deference to the Council rather than the Commission initiating the Zoning Code change, 1 suggest that when we get the proposed amendment into the best shape possible to not advertise it for public hearing but that we send it to Council along with a report on why we are doing it and recommend that they initiate the resolution of intent and let it be their call. The Council would probably appreciate that a little more rather than the Planning Commission taking the initiative. Commissioner Tucker noted his agreement with the previous statements. Ms.Temple clarified: • Highlights of major issues • Commissioners who have more detailed comments or wording issues will provide those to staff • Staff will go ahead and make more editing type changes to the draft ordinance and bring back to the Commission. • Schedule this item for an initiation discussion at City Council. 22 City of Newport Beach Planning Commission Minutes February 22,2001 INDEX SUBJECT: Corona del Mar Vision 2004 Plan Item 7 Corona del Mar 2004 Plan Review and approve letter of support for the proposed plan. Discussion Item Mallon was made by Commissioner Kranzley to approve letter of support. Ayes: McDaniel,Agajanian,Selich, Gifford, Kranzley,Tucker Noes: None Excused: Kiser ADDITIONAL BUSINESS: Additional Busin a.) City Council Follow-up - Assistant City Manager Sharon Wood reported that at the last meeting of the Council the appeal on the Starbucks, the condition that required the change to the front of the building was eliminated and the parking condition was modified; the appeal on the Buzz Use Permit revocation was referred back to the Planning Commission and is held in abeyance pending consideration of a new application for the property. b.) Oral report from Planning Commission's representative to the Economic Development Committee-none. c.) Oral report on status of Newport Center General and Specific Plan program - the committee is close to making a recommendation to the City Council. d.) Matters that a Planning Commissioner would Eke staff to report on at a subsequent meeting-none. e.) Matters that a Planning Commissioner may wish to place on a future agenda for action and staff report-none. f.) Status report on Planning Commission request - the Main Street fichus trees are being studied by a consultant with further direction from staff. g.) Project status- Ms. Clauson provided a copy of a summary of the newer adopted Conflict of Interest regulations dealt with by the Planning Commissioners on a regular basis. Commissioner Gifford noted that she has been receiving the blue cards of notice quite regularly. h.) Requests for excused absences-Commissioners McDaniel, Kranzley and Gifford asked to be excused from the meeting on March 22nd. Commissioner Tucker noted he would be late for the meeting of March 8"h. 23 City of Newport Beach Planning Commission Minutes February 22,2001 INDEX ADJOURNMENT: 10:05 p.m. Adjoumment STEVEN KISER,SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 24 i �e'FW�kr CITY OF NEWPORT BEACH Hearing Date: April 5,2001 O PLANNING DEPARTMENT 3 Agenda Item No.: F}- MOO NEWPORT BOULEVARD u x Staff Person: Pal J.Alford NEWPORT BEACH,CA 97.658 (949) 6443235 OF C?RN�A _ (949)644-3�%FAX(949)644'3z5O - REPORT TO THE PLANNING COMMISSION SUBJECT: Proposed Development Plan Review Procedures SUMMARY: A proposed amendment to Title 20 of the Newport Beach Municipal Code to establish procedures for development plan review. ACTION: For information purposes only,no action required. Background On August 3, 2000, the Planning Commission reviewed a proposed amendment to the Zoning Code that would establish a new procedure that would require development plans for new projects. On February 8, 2001, the Planning Commission received a report on the recommendations of the Environmental Quality Affairs Committee and the Economic Development Committee. On February 22, 2001, the Planning Commission received at report on similar development review procedures in other California cities. The Planning Commission also directed individual members to submit comments directly to staff. Analvsis Most of the comments submitted to staff focused on two main issues. The first involves establishing the appropriate threshold for development review. The second involves how projects will be reviewed, with particular concerns about imposing a particular architectural style. The comments on the proposed thresholds were mixed. Some comments suggested that the thresholds are too low and others suggested that they are too high. However, the consensus seems to be that the residential threshold should be from 3 to 5 units and the non-residential threshold should be from 5,000 to 10,000 square feet. Section 20.92,010 has been revised to show both options until further direction is given to staff. There were also comments suggesting that relatively small additions should not be subject to development plan review. Therefore, language has been added that would exempt additions to existing buildings or new buildings in existing building complexes,that do not exceed 50 percent of the existing floor area. This raises the issue of the use of incremental development to circumvent the development plan review process. To address this issue, a provision has been added that would apply the thresholds to all development occurring on a project site within any 12-month period(Section 20.92.020(B)). After, reviewing development policies contained in the Land Use Element, Recreation and Open Space Element, and the Local Coastal Program Land Use Plan, staff believes that it would be appropriate to M require a development plan for any project located within an area designated as environmentally sensitive by these policy documents. This provision has been added as Section 20.92.020(A-4). There were also questions regarding the proposed D Overlay District. When the proposed amendment was first submitted to the Planning Commission in August 2000,it included a revised Chapter 20.55. The revised Chapter 20.55 would replace the SPR Overlay District with a new Development Review (D) Overlay District. Currently, the SPR Overlay District can only be applied to areas with very specific environmental characteristics. The intent is to make this chapter more generalized so that it can be applied to address a number of design-related and environmental issues. For example, the D Overlay could have been used to implement the Balboa Peninsula sign regulations or the Mariner's Mile Design Framework. A copy of the proposed revisions to Chapter 20.55 is attached. There were a number of comments concerning time extensions, discontinuance, and amendments.and other administrative provisions. The suggested changes tend to deviate from the standard language used in other sections of the Zoning Code concerning use permits,variances, and modification permits. Staff believes that these suggested changes should not be incorporated in order to maintain consistency in the administration of all of the City's discretionary permits. There were also concerns about the imposition of architectural controls. Therefore, Section 20.92.010 has been revised to include statements relating to maintaining architectural diversity and innovation. In addition, Section 20.92.010 and Section 20.92.040 have been revised to place more emphasis on the quality of design and materials. Finally, a new section (Section 20.92.050) has been added that establishes limits on the level of development review. This section prohibits the imposition of architectural style or theme unless a specific plan, overlay district, or Planned Community District development plan specifically establishes one. This section also limits the review of design elements and materials to that extent necessary to insure the quality of the overall development. Staff also received strong comments suggesting that the proposed standards are not adequate to guide the review of projects by staff and the Planning Commission. One possible solution to this problem is to adopt a set of design guidelines. Attached are two examples of guidelines that provide a statement of general,common sense design principles. If adopted as part of this process,such design guidelines would provide specific direction to applicants and standards for the evaluation of projects. Submitted by: Prepared by: PATRICIA L.TEMPLE PATRICK J.ALFORD Planning Director Senior Planner %U U sr Attachments: 1. 04/05/01 draft of Zoning Code Chapter 20.92. 2. 08/03/00 draft of Zoning Code Chapter 20.55. 3. Comments from Commissioner Kranzley. 4. City of Sunnyvale City-Wide Design Guidelines. 5. City of Laguna Niguel Community Design Guidelines. Development Plans(PA 2001-012). April 5,2001 Page 2 Page 20.92-1 Development Plans CHAPTER 20.92 DEVELOPMENT PLANS Sections: 20.92.010 Purpose 20.92.020 Projects Requiring A Development Plan 20.92.030 Duties of the Planning Commission and the Planning Director 20.92.040 Standards 2092 050 units of Review 20.92.060 Application for A Development Plan 20.92.070 Required Findings 20.92.080 Conditions of Approval 20.92.090 Notice and Public Hearing 20.92.100 Expiration, Time Extension, Violation, Discontinuance, and Revocation 20.92.110 Amendments and New Applications 20.92.120 Rights of Appeal and Review 20.92.010 Purpose The City Council finds, determines and declares that establishment of the development plan review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that: A. Development of properties is consistent with the General Plan and the City's goals, objectives,policies, and programs. B. Superior aos��T architectural and site design� 5`and high quality she Planning construction are achieved while matntairung azclutectural diversity,and x.._..,..,..w.. _-. a e innovation. C. The value of property is protected by preventing development characterized by inadequate and poorly planned architecture and landscaping,excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landseape vegetation_,open spaces,and the like,resulting in the impairment of the benefits of occupancy and use of existing properties in such area. D. The benefits derived from expenditures of public funds for improvement, acquisition and beautification of streets, parks, and other public facilities are maximized by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. 04/05/01 Page 20.92-2 Development Plans E. Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain and v etatton, b `' o n' to p e ed �.. stabilize*he iiatufal teffa fi, and to protect the environmental resources of the City. 20.92.020 Projects Requiring A Development Plan A. A development plan shall be required for the following projects: 1. Residential Projects. Residential projects involving the construction of- or more dwelling units. 2. Non-Residential Projects. Non-residential projects involving new^0^ _ bu�lrigs;of[10,00015,000] square feet or more, additions to existing buildings _____ediag 2cnn oaf 5,0 012,,5fl0 square feet or ma e cn nt of the emstiffg Aear- afea, whieh .e new development on a site of 2 acres or more. Exception Development plans shall not be requirei. for non residential projects involving additions to existing bu�lgs or new z buildings it existing butldur►g"c�rnplexes tha# dfl of exceed. . .x .n, ,a. . . .... .....�.,. percent of the existing floor area: 3. Projects Subject to CEQA. All projects subject to the California Environmental Quality Act (CEQA) for which either a mitigated negative declaration or an environmental impact report is required. 4. Environmentally Sensrttve AreasAll projects locat+eMwa;thtn an a es as environmenta ly,sensitiv by the General!'Ph'n the�L�oca1 oas t Piogr 9 Land Use Plan= 5. D Overlay District. Projects within a D overlay district. 6. Establishment of Grade. Projects requiring the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.65.030 (B-3). B. Curriulative DeveiCipment All de"velopment that has;occurred ran a site vv�th�n any12 month period shall be counted towards the thresholds established'in this ecti n C. Applicability to Specific Plans Overlay Districts and PC Districts. Any development review procedures, including the types of projects requiring a development plan and the extent of design review, established by a specific plan, overlay district, or 04/05/01 I Page 20.92-3 Development Plans Planned Community District development plan shall supersede the requirements of this chapter. D. Waiver. The Planning Director may waive the requirements of this section for public works projects or if the project involves only minor alterations, addition, or replacement to an existing structure or is in conformance with a previously approved development plan, use permit, variance, modification permit, or other equivalent approval. 20.92.030 Duties of the Planning Commission and the Planning Director A. Authority. The Planning Director shall approve,conditionally approve,or disapprove applications for development plans. However,when a development plan application involves a residential project of 10 or more dwelling units or a non-residential project of more than 50,000 square feet of floor area,the Planning Commission shall have final decision-making authority. The Planning Commission shall also have final decision-making authority for any development plan application filed-ki concurrently with a permit requiring Planning Commission approval. Exception. The City Council shall have final decision-making authority on the applications for development plans filed concurrently with amendments to the general plan, zoning code,or a planned community development plan or with a development agreement. B. Rendering of Decision. The Planning Director shall render a decision within 35 days of the acceptance of a complete application. The Planning Commission shall render a decision within 35 days of the conclusion of the hearing. C. Report to the Planning Commission. Upon rendering a decision on a development plan or on the waiver of a development plan,the Planning Director shall report to the Planning Commission at the next regular meeting or within 14 days of the decision, whichever is appropriate. D. Notice of Decision. Upon the rendering of a decision on a development plan,a notice of the decision shall be mailed to the applicant. 20.92.040 Standards In addition to the general purposes set forth in Section 20.92.010,in order to carry out the purposes of this chapter as established by said section, the development plan review procedures established by this section shall be applied according to and in compliance with the following standards,when applicable: 04/05/01 Page 20.92-4 Development Plans A. Sites subject to development plan review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain er-;and4&i4seape vegetation, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; s gnific a—fif trees and shrubs shall not be indiscriminately destroyed; B. The site plan,building designs xbiagmaterials;and landscaping of the project shall achieve high quality and appearance that will enhance and be compatible with or in C?Ye the character of the surrounding area. C. Development shall be sited and designed to maximize protection of public views, with special consideration given to views from coastal views otnls identified in the Local Coastal Program and public view parks and from scenic roadways and scenic drives identified in the Recreation and Open Space Element of the General Plan; D. Environmentally sensitive areas shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impacts; E. No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impacts; F. Residential development shall be permitted in areas subject to noise levels greater than 60 dB CNEL only where specific mitigation measures will reduce noise levels to be consistent with noise level policies of the Noise Element of the General Plan; G. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways,and other site features shall give proper consideration to functional aspects of site development; H. All signs shall be architecturally integrated with their-suffe ndings in terms of size, shape, color, texture, and lighting so that they are compatiblew�thari complementary to the overall design of the building; I. Development shall be physically compatible with the development site,taking into consideration site characteristics including, but not limited to, slopes, submerged areas,and sensitive resources; J. Electrical and similar mechanical equipment and trash and storage areas shall be eeHeeale4 screened; 04/05/01 a Page 20.92-5 Development Plans K. Archaeological and historical resources shall be protected to the extent feasible; L. Non-residential development shall not have significant adverse effects on residences in an abutting residential district. 292.050 VGso review,mrt :. . ,...a., ... ,u... ... ........ De ze o menu tan i�v o shal not discourage snn-oWtive�ir, iverse chtte�"��with n ��a .ro.; � x`^` City Architect nes ellaractenshc of a parttcu ar,hiss enc�l ar trend shall nct encouraged, unless specifically established by; a specific plan, overlay district, orPlann cinunuiu �Distrlctide�vely meat ian.�The review of des�� 5 elements.and mat�rtals� h�t�e�lima, __ 20.92.060 Application for Development Plan An application for a development plan shall be filed in a manner consistent with the requirements contained in Chapter 20.90: Application Filing and Fees. 20.92.070 Required Findings The Planning Commission or the Planning Director, as the case may be, shall approve or conditionally approve an application for a development plan if, on the basis of the application,plans, materials, and testimony submitted, the Planning Commission or the Planning Director finds: I. That the development plan is consistent with the purposes and standards of this chapter and the purposes of the district in which it is located. 2. That the development plan is consistent with the General Plan and any applicable specific plan, Planned Community District development plan, or design guidelines. 3. That the development plan is compatible with existing and potential development on adjoining properties or in the surrounding area. 20.92.080 Conditions of Approval The Planning Commission or the Planning Director,as the case may be,may impose such conditions in connection with the granting of a development plan as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. 04/05/01 Page 20.92-6 Development Plans 20.92.090 Notice and Public Hearing A. Public Hearings. Public hearings are required only for development plan applications where the decision-making authority is assigned to the Planning Commission. B. Required Notice. Notice of such hearing shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of owners as required by this section. b. Nonresidential Districts. At least 10 days prior to the hearing,notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights-of-way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least 10 days prior to the hearing. C. Contents of Notice. The notice of public hearing shall contain: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time,place, and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. 04/05/01 Page 20.92-7 Development Plans D. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.92.100 Expiration, Time Extension, Violation,Discontinuance, and Revocation A. Expiration. Any development plan granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required,the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a development plan for a period or periods not to exceed 3 years. An application for a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of Terms. Any development plan granted in accordance with the terms of this code may be revoked if any of the conditions or terms of development plan are violated or if any law or ordinance is violated in connection therewith. D. Discontinuance. Any development plan shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 04/05/01 Page 20.92-8 Development Plans 20.92.110 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a development plan, or a change to plans that would affect a condition of approval, shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor,do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a development plan is disapproved,no new application for the same, or substantially the same, the development plan shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 20.92.120 Rights of Appeal and Review A. Appeals and Review. Decisions of the Planning Director may be appealed by any interested party to the Planning Commission. Decisions of the Planning Commission may be appealed by any interested party to the City Council. B. Calls for Review. The Planning Commission may review any decision of the Planning Director. The City Council may review any decision of the Planning Commission. C. Procedures. Procedures for appeals and calls for review shall be as prescribed by Chapter 20.95: Appeals and Calls for Review. 04105101 /0 Page 20.55-I &PR 0 Overlay District CHAPTER 20.55 SPA D DEVEIOPMI;NT)k�E 1r1EW OVERLAY DISTRICT Sections: 20.55.010 Purpose 20.55.020 Districting Map Designator 20.55.030 Applicability 20.55.040 Site Plan Review Required 205 05(} e�rloment Review pveriay'Dstncts . r 20.55.010 Purpose The City Council finds that developments in certain sensitive areas may have potentially adverse effects on the surrounding area or on sensitive resources, or may interfere with the implementation �. f tl_ 1 Ul 1 ,t of spe�i€�E City=s goals; objectives,policies, and programs , r distr-iets. The effect of this section is to establish a "Site Plan Review" (SPR} 17eveloprnen, (D Overlay District and to require site design p�an review for any proposed development, except as provided in this chapter, within a*-FA4?,r Overlay District to insure that the project conforms to the City s goals,policies,objectives,acid prograin ftt,e !`_enef.,1 Pam. 20.55.020 Districting Map Designator The&PR D Overlay District may be combined with any base district. Each SPR)3 Overlay District a shall be shown on the Districting Map with an a"D"designator,i umbexed and identified sequentiatty bycorder of enactment and reference to°th6 enacting,ord2na 20.55.030 Applicability No site shall be placed in the&RR D Overlay District unless one of the following criteria is met: A. The site contains areas having a slope in excess of 26.6 degrees (50 percent slope). B. The site contains or is immediately adjacent to coastal bluffs. C. Development of the site has the potential to affect public views. Page 20.55-2 &PR Overlay District D. The srte'is in an area, rwhzch the Cityasad pted`ce gn'gitidel s E. Development of the site has the potential to affect environmentally sensitive areas including: l. Areas supporting species which are rare,endangered,of limited distribution, or otherwise sensitive. 2. Riparian areas. 3. Freshwater marshes. 4. Saltwater marshes. 5. Intertidal areas. 6. Other wetlands. 7. Unique or unusually diverse vegetative communities. F. The site is located in a geologic hazard area, as described in the General Plan. G. The site is in a residential district subject to noise levels greater than the 60 Community Noise Equivalent Level (CNEL). H. The site contains significant historical or archaeological resources or is in an area of unique historical or archaeological interest. I. The site is immediately adjacent to a thoroughfare designated as a scenic High-way roadway or scenic drive in the Recreation and Open Space Element of the General Plan. J. The site is immediately adjacent to the ocean or bay. K. The site directly abuts a residential district,but is located in a district designated for nonresidential use. L. A density bonus is proposed,or has been granted, for the site. 20.55.040 Site PI Review Required Development review procedures,including the types of protects subject`tcaeelopmen review`and the extent of development review shall be established by the each i5v doy Di dt /2 Page 20.55-3 SRR Overlay District ...... _. 20:SS USQ'_ Development UvMay Districts A. �?I��Bal�`oaSt�n Overlayl 1. the�rovxs�ons of tits.sectaon shall apply tc�the areas,las�sified as Dl dal a r., � . gn)Overlay Distract on the Dxs ��taigVlal 2. 'roe Develo ment Re' lat�vns 11 i site oz re p,eniaal signs shah e sb�ect tc�the reguiahvs e �itaned��� Ba Fbavr1 mow' e, IN S Ordinance 2000- B. 2{tn�r's N1ile Desirame�vor w. (3 Comments on Chapter 20.92 Development Plans Submitted by Commissioner Michael Kranzley March 2,2001 "The Planning Commission or the Planning Director,as the case may be,may impose such conditions in connection with the granting of a development plan as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with."((20.92.060). The purpose of the Code, as stated in 20.92.010 is to "ensure...superior aesthetics, design compatibility and high quality site planning(B.).... preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures (C.)..." What standards are used to guide this and future planning commissions? In Ch. 20.92.040 the standards outline speak to the grading and development of the site "with regard for the aesthetic qualities of the natural terrain (A.)...". The "site plan, building design and landscaping of the project shall achieve high quality and appearance that will enhance and be compatible with the character of the surrounding area(B)". This chapter creates grants the Planning Commission and the Planning Director boundless discretion over every aspect of the design process, from grading to site development to landscaping.Whether and to what degree that authority is exercised is solely(with one exception)in the hands of the Planning Commission. To be a Planning Commissioner in Newport Beach, one needs only to be appointed by the City Council. The fundamental requirement for consideration is the willingness to serve. Planning or legal backgrounds, though present on the current Commission, are not required. We are asked to make decisions with the aid of legal and planning professionals on staff. Yet in this proposed code we will be asked to exercise authority not only without assistance of a precisely written chapter with quantitative guidelines, but also without the assistance of design professionals. We are simply allowed to apply our collective taste to projects.The degree of review of a project and conditions placed on a project will be determined only by the sitting Commission. I am concerned when I hear comments from former Planning Commissioner Alan Beek in his opposition to the annexation of the Newport Coast. He stated that the houses "don't fit in to Newport Beach"... "They don't belong". I am also concerned over the outrage over the color of the Albertson's in Corona de Mar and the opinion that the AutoBistro is incompatible. Here's a design quiz for us. What is compatible with The Arches, Sterling BMW, Villa Nova and the"Asia 101"building? Yet we will be expected to make unassisted decisions on exactly these types of issues and will be hearing public testimony on design and compatibility issues. Also, what if this Commission or future Planning Commissions feel that a building has"excessive building bulk"in the context of the surrounding buildings yet the building falls within the FAR guidelines? Though I have no question that this Planning Commission will prudently exercise this expansive authority, I cannot be so confident of future Commissions. If one is in favor of design review, which this clearly is, what we have before us is terribly inadequate. In fact, I believe that no development guidelines are better than this proposal. If one is opposed to design review,this clearly is local government imposing its taste on projects in this City. Though I believe that we need a Design Review process that includes design professionals I recognize that there may be little if any political support. I also believe that, if thoroughly analyzed,the currently proposed development review process will not pass, I would propose the following. We raise the threshold for review to perhaps 20 dwelling units and 75,000 or 100,000 square feet and we create a Design Review Board That Board would be consist of 5 members, 3 architects, 1 landscape architect and the Planning Director. The decisions of that Board would fall under the same time guidelines as in ch.20.92.030(B) and be subject to review by the Planning Commission only by appeal or by Planning Commission call up. Though we would, in fact, be expanding City government by one board, we would not be extending the process any further than what is currently being proposed. If this works, as I think it will, we can, in the future, expand the scope of the Board. On such a significant change in policy,I would also propose that we conduct a joint study session with City Council. i Se � Y 4j It l e es ign ., 'del'in s } r f � ' l f, i/ 11 �4 City of Sunny�a�e _ r� lt ode Design din a� ide es 3- i C i R t 4 t 3 .i 1 4 Y Adopted by City Council June 23, 1992 Community Development Department _f City of Sunnyvale, Califomia q 1: Credits .4 City Council _7 Patricia Castillo, Mayor Barbara Waldman, Vice-Mayor -� Stan Kawczynski Richard Napier Robin Parker Frances Rowe Larry Stone 5 Planning Commission David McKinney, Chair Terry Whittier, Vice Chair Dianna Adair Richard Bernhardt ' John Ellison John Miller J I Jack Walker City Staff Contributing to City-Wide Design Guidelines Thomas Lewcock, City Manager s William Powers, Director of Community Development Trudi Ryan, Planning Officer David Gates, Principal Planner Lisa Grote, Principal Planner Gerri Langtry, Associate Planner Marlene Majidi, Urban Design Planner Brice McQueen, Associate Planner Jo Ann Rouse, Associate Planner Omid Shakeri, Associate Planner Mimi Whitney, Associate Planner Shetal Divatia, Planning Intern Theresa Blake, Principle Office Assistant Diana Perkins, Staff Office Assistant Consultant Assistance Ken Kay Associates City-Wide Design Guidelines i H Table of Contents Page Number Introduction 1 Site Design 3 - Setting - Site Organization - Open Space Building Design 8 - Setback - Scale and Character - Architecture and Design - Accessory Utility Buildings - Roof - Material and Color Parking and Circulation 17 - General - Parking Structures Landscaping 20 - General - Peripheral - Internal - Parking Lot - Fences and Walls Service Facilities 26 - General - Mechanical Equipment - Loading - Lighting - Trash Enclosures Prs Zoning Code References 31 d Glossary 33 4 City-Wide Design Guidelines iii k INTRODUCTION The economic vitality of any community largely depends upon its physical image and the quality of its environment and life. In the past two decades, the City Council and Planning f Commission of Sunnyvale increasingly have been interested in improving the overall image and enhancing the aesthetic quality of the City. In 1969 the City Council adopted the basic goals and objectives for the City's appearance. The goals and objectives were incorporated into the 1972 General Plan. The goals were general, and do not provide detailed direction on site design and architectural issues. In 1987 the City Council placed the preparation of the Community Design Sub Element 'j on the Legislative Calendar. The Sub Element established a set of specific City -wide urban design goals and policies. Previously, specific design guidelines had been prepared only for designated areas such as Murphy Avenue and Lawrence/101. The City Council adopted the Community Design Sub Element in 1990. Specific Guidelines will be developed for both the Mathilda Avenue Corridor and the El Camino Real Corridor. Other areas, not yet identified, may also have specific guidelines prepared. To implement the Community Design Sub Element goals and policies, the City Council directed the development of the City-wide Design Guidelines. The City-wide Design Guidelines have been developed based on the Community Design Sub Element goals and policies and include detailed direction on site and building design issues. The City-wide Design Guidelines mainly address development projects on private properties and are intended to: • Enhance the overall image of the City •Protect and preserve the existing character of the community x_ • Communicate the image the community desires • Achieve a higher design quality Sunnyvale, like many other communities in the San Francisco Bay Area, is trying to improve its physical image by increasing the design quality of development proposals. To accomplish this, proposed projects will be subject to a more systematic design review. Compliance with the basic site and building design standards of the City's Municipal Code alone will not guarantee project approvals. Acceptable proposals will have to demonstrate above average design merit as expressed in the adopted Design Guidelines. Protecting and preserving the existing desirable features of the City against potential negative impacts of new development is another challenge that the City has been facing. Sunnyvale has the appearance of a predominately low intensity, low-rise residential community. Scarcity of vacant land has resulted in a desire on the development community's part for higher density and intensity proposals. The City-wide Design Guidelines are intended to create a balance between both protecting the existing neighborhood character and accommodating new developments. City-Wide Design Guidelines Introduction The policies established in the City-wide Design Guidelines communicate the minimum design qualities expected from development projects. These policies are not necessarily new or more stringent than current design review policies. In fact a great number of them are presently applied in the project review process. The documentation of the policies provides project designers with a check list of areas of concern and should assist them in designing higher quality projects and provide a more powerful tool to staff in the review process. Through approved guidelines, staff is better able to direct as approved to suggest appropriate design for development. The guidelines are a supplement to the City's Zoning Code, not a replacement. The guidelines are intended to provide more design direction than the Zoning Code, however, they establish only the minimum acceptable design standards. Higher quality standards and innovative design options are strongly encouraged by the City. This document is divided into two segments: Non-industrial and Industrial Land Uses. The Non-industrial segment is divided into five section. Each Section addresses a major project design component: Site Design, Building Design, Parking and Circulation, Landscaping, and Service Facilities. Each Section is divided into several Sub-sections. Design policies and solutions are offered under each Sub-section. For better communication of design concerns, concepts have been illustrated when possible. _ J 2 City-Wide Design Guidelines 1 a Site Design 1. SITE DESIGN New development shall adhere to the character of the existing neighborhood and be integrated into the surrounding s development. New development shall not dominate or interfere with the established character of its neighborhood. Site design of projects shall be cohesive both functionally and visually. SETTING Al. New projects shall be compatible with their surrounding development in intensity, setbacks,building forms, material, color, and landscaping. A2. Site design shall respect existing roadway patterns and driveways. Align new curb cuts with existing driveways and streets for streetscape continuity. e {` AS. NEW STRUCTURE Develop transition between projects with EXISTING STRUCTURE (V/ different uses and intensities to provide a cohesive visual and functional shift. Create L transition by using appropriate setbacks, j gradual building height, bulk, and landscaping. of o 0 0 0 p- ��� A4. A3 Integrate perimeter landscaping with the landscaping of adjacent developments for streetscape continuity. 1 A5. Minimize paved areas for curb cuts and parking on the street frontage of projects to maintain a continuous and attractive t streetscape. y City-Wide Design Guidelines 3 Site Des' n A6. Preserve natural site features such as mature trees, creeks, views, etc. and incorporate into the site design of the new project (Tree Preservation Ordinance). A7. Site design of projects shall protect existing nearby heritage structures and trees. A8. Link on-site walkways to the public sidewalk system outside the project for ease of pedestrian access. A9. . Provide pedestrian links between residential developments and nearby employment and shopping centers, schools and parks to encourage �'�i,� pedestrian activities. SITE ORGANIZATION A9 B1. Locate site components such as structures, parking, driveways,walkways, landscaping and open spaces to maximize visual appeal and functional efficiency. B2. Emphasize the pleasant components of the project such as existing trees and views, and disguise its less desirable scenes such as loading and service areas through placement and design of structures and landscaping. 4 City-Wide Design Guidelines Site Design 133. Siting of noise and odor generating functions on a site shall not create a nuisance for the adjacent properties. B4. Orientation of non-residential buildings on a site shall relate to each other and to buildings on adjacent sites for aesthetic organization. The front of one building shall not face the back of another. 65. - Do not dominate street frontage of projects by surface parking to encourage pedestrian orientation and a continuous streetscape. Limit paved areas on street frontages of non-residential developments to one double row of parking and locate the rest of the parking elsewhere on the site. s B6. _ Where half or more of the parking is located at the rear of a retail/office building, provide p. i s in the front and rear of buildings main entries s 9 _ r for convenient access. = B7. 1-� I ' Site design of non-residential projects shall �i 9 have external orientation for a positive street B6 experience. Orient buildings toward public streets and provide view corridors into the project site. View corridors may be provided by controlling the spacing and angles of buildings on the site and by providing open \ vistas and plazas. — Building facades in non-residential projects shall be lively and include windows and main entries which face public streets for a x _ _ pedestrian friendly environment. a 1� Oro _-- B86 '3 1 City-Wide Design Guidelines 5 Site Design B9. Residential projects may have a primarily internal orientation for privacy, providing that the site is visually linked with its surroundings by appropriate use of landscaping and building siting. B10. Provide convenient and safe pedestrian and automobile access to the site from adjacent streets. B11. Define site boundaries by landscaping and bands of decorative paving to announce entry into the site. B12. t Develop focal point(s) for every project to create a sense of identification. Plazas, landscaping, water features, art works, ❑ Is oil r"' as ■■ changes in pavement textures and levels, °� _ and building architectural features may3 be combined to create focal points. ,i �— B12 B13. Every project shall have a main entry, _ defined by landscaping and other decorative features. Entries and focal ' points may be combined. B14.Design multi-building residential complexes to differentiate between private, semi-private and common spaces through building placement, landscaping, gates, etc. Delineate each B13 space for proper use and access by residents. 1315. Design and locate a project's internal circulation pattern for maximum ease of - movement and a minimum of safety hazards. 6 City-Wide Design Guidelines =t Site Design 1316. Consider energy efficiency in the siting of =y buildings. Shading of structures along the east,west, and south walls is recommended. i4 OPEN SPACE 1 C1. fJ � - Design every project site for maximum utility of open space for ventilation, sunlight, - recreation and views for both new and existing buildings. C2. In business parks and strip shopping c1 centers', open space areas may be part of the focal points. C3. Open space areas may include benches, art, landscape, water, and hardscape features. L Common open space areas shall be usable for employees' and visitors' various outdoor activities. C4. Provide private usable open space areas for each unit and common usable open space for all units in attached single and multi- family residential developments. i t C5. Provide an average of 300 to 500 sq. ft. of open space area per unit for every residential project. Private usable space is encouraged. Private open space includes: patios, porches, balconies, terraces, and ` decks. Minimum dimensions shall be 12 ft. x 17 ft. Balconies may not be smaller than 7 ft. x 12 ft., and porches and decks shall be at least 10 ft. x 12 ft. 3 s 1 City-Wide Design Guidelines 7 Building Design C6. Provide direct access from the living unit to private open space. C7. Private open space in one unit shall not �r1a be in the direct line of sight of other units. Privacy may be provided byr means of grade changes and staggering of the balconies and patios, use of fences, walls, dense landscaping, and trellises. C8. C7 Provide direct access to common usable open space from all buildings. Common open spaces shall be usable for recreational purposes. Landscaping strips of less than 50 ft. in width between buildings do not constitute usable common open space. 11. BUILDING DESIGN Buildings shall enhance the neighborhood and be harmonious in character, style, scale, color and materials with existing buildings in the neighborhood. SETBACK Al. NEW STRUCTURE In non-residential areas, adjacent buildings shall have compatible front setbacks to maintain visual continuity of the streetscape. Setback infiil projects in areas with different front setbacks at a distance equal to the average setbacks of buildings on either side but still meet the minimum setback requirements of the Zoning Code. Al 8 City-Wide Design Guidelines Building Design A2. Provide variety in front setbacks, within a reasonable range, for single family detached residences and multi-unit attached building within the same development to create diversity along residential streets. A3. Provide transition in setback distances for NZc�IR� RES.. buildings in different Zoning Districts, i.e. T_ C7 9 9 A2 multi-family and commercial development abutting each other, to maintain visual flow along more travelled streets. COMMERCIAL ZONE i RESIDENTIAL ZONE A4. Non-residential buildings shall have a street �. presence. Locate buildings as close to the setback lines as possible. SCALE AND CHARACTER NEW STRUCTURE B1. Break up large buildings into groups of A3 smaller segments whenever possible, to appear smaller in mass and bulk. 132. Adjacent buildings shall be compatible in r'>I-w height and scale. I 133. 1 Buildings and additions shall not shade more than 10% of the structures or open space areas on adjacent properties for proper solar access. 131, B5 B4. Buildings shall maintain similar horizontal and vertical proportions with the adjacent NEW STRUCTURE , facades to maintain architectural unity. EXISTING STRUCTURE o 0 $ o B4 City-Wide Design Guidelines 9 Building Design B5. Step back upper stories of building 3 stories or taller from public roads and adjacent low scale development to reduce the bulk impact. BV. NEW ADDITION Maintain the dominant existing scale of an area. Second story additions in a predominantly one story residential neighborhood should appear as one rrr rrr story. i rr r r B7. Placement of windows and openings on B6 second story additions shall not create a direct line of sight into the living space or the back yard of adjacent properties to maintain privacy. B8. In non-residential buildings maintain visually interesting activities at the street level by placing active facades with windows and openings on the street side to promote pedestrian activities. B9. Interrupt front facades on large structures by various architectural elements such as trellises, balconies, steps, openings, etc., about every 30 ft. to appear smaller in _ scale. - . - . _ 13110. B9 Choose inset, multi-pane windows over a continuous band of single pane windows, to create a sense of scale. NEW ADDITION y Maintain the scale and character of the existing main structure in building additions by retaining similar proportions and rhythm present on the main r rr structures. ` `r 611 10 City-Wide Design Guidelines Buildinq Design ARCHITECTURE AND DESIGN C1. f Maintain diversity and individuality in style but be compatible with the character of the neighborhood. C2. In areas where no prevailing architectural style exist, maintain the general neighborhood character by the use of similar c� scale, forms, and materials providing that it enhances the neighborhood. C3. Develop a comprehensive architectural theme for multi-building complexes. Unify various site components through the use of similar design, material, and colors. C4. "Corporate architecture"and generic designs are not recommended. Design each project specifically with respect to its own surrounding environment. 01 05. Buildings shall have three distinct components: base; middle; and,top. Define I each component by horizontal and vertical II r articulation. Cs. - cs Link buildings and sites together by proper building orientation, landscaping, and similarly designed building and site components. C7. Utilize landscaping around the perimeter of new buildings to enhance buildings, not to cover an unacceptable design. C6 l' City-Wide Design Guidelines » Building Design C8. Non-residential buildings on corner lots shall demonstrate a strong tie to the public streets. Enhance street corners by special design features such as tower elements, celebrated main entrances, or landscape features. Residential buildings shall create a tie to the public streets by proper siting and by landscaping. C9. Include decorative building elements in C8 the design of all buildings. Add more interest to buildings by incorporating changes in wall plane and height, arcades, porticos, trellises, porches, balconies, dormers, windows, opening, etc. c1 a Repeat design and decorative building elements in all elevations and the roof, not just in the front facade. ' C11. Windows and openings shall be -- consistent with the architectural style of c10 buildings and maintain similar proportions and rhythm with those on adjacent buildings. C12. Provide clear windows on street level on retail buildings to create interest for pedestrians. _ C13. Define building entries by use of human _ scale architectural elements such as i arches, posts, awnings, etc. Orient main entries toward public streets. r C14. - Awnings and canopies shall be compatible with the building design. C13 12 City-Wide Design Guidelines e Building Design a it ✓ C15. Awnings shall not cover or replace facade articulation by wrapping around buildings in n` continuous bands. Place awnings only on top of doors, windows and other openings. C16. _ in multi-unit residential projects, cluster unit entrances in small numbers and incorporate into the architectural design of the building. � - Avoid long balconies and walkways on the C15 exterior of buildings. C17. Design fire escapes and exterior stairs, elevator shafts, and balconies as part of the 1 I� Hfl� ILI' 111building, not as separate elements. • L! -' C18. Consider privacy in placement of windows on adjacent structures in residential areas. Stagger windows, use high, frosted, or no windows where privacy is a concern. C16 C19. Orient primary living areas in residential f buildings toward private open space and views. ACCESSORY UTILITY BUILDINGS D1. Accessory buildings must comply with the requirements of Section 19.40.042 of the Municipal Code. D2. Do not locate accessory buildings in front setback areas between the main structures and public streets. 4 { Tw .1 s City-Wide Design Guidelines 13 Buildinq Design D3. The style, material, and color of accessory buildings visible from public streets shall be the same as those of the main structures. i D4. Accessory buildings shall be proportional to the main structures in size and bulk. Avoid dominating site areas by accessory buildings. D3, D4 D5. Carport design, materials, and colors shall be the same as main buildings. Enclose side elevations of carports to screen support columns on both ends. D6. Where carports back up to public streets or public view, provide rear carport walls to screen cars. D7. Include facias in carport roof design to screen support beams and trusses. D8. Carport roofs shall mimic roof design of the main building. DS. Support columns shall be proportional to the structure in carports (match stick columns are not acceptable). ROOF Ell. - New roofs shall be consistent in form and shape with the dominant roof form in the neighborhood. - I El, E2 14 City-Wide Design Guidelines Building Design E2. Retail and commercial buildings in, or adjacent to residential neighborhoods, with predominantly gabled roofs, shall have gabled roofs to create a residential scale and character. r v E3. Long horizontal roof lines are not acceptable. Interrupt roof line by E4 architectural treatment and features. The maximum allowable unbroken roof line is 30 feet. E4. Vary roof levels and forms on a large �I building to create diversity and to decrease the apparent scale of the building. ' E5. include roofs on all elevations, not just on the front facades of buildings. Roof forms shall express entrances to buildings. E5 E6. - Roofs shall be an integral part of building design. False mansard roofs are not acceptable. {�- Include architectural elements such as projecting cornices in design of flat roofs to define the edge of the roof. E8. E6, E9 Standing seam metal mansard roof design is strongly discouraged. E9. Parapets and roof screens shall be r integrated architecturally into building designs. Placement, material, and color of roof screens shall not impact the building architecture or roof form. E7 City-Wide Design Guidelines 15 Building Design E10. Obtain a true shadow effect where non- wood shingles are used by using materials with more depth and texture. MATERIAL AND COLOR F1. Develop a comprehensive material and color scheme for each project to tie in the various parts of the project. Choose variety of colors and materials to add interest to buildings. F2. Avoid large expanse of smooth surfaces such as concrete or glass. Use materials with a sense of scale and texture. F3. Avoid large expanse of highly reflective surfaces and mirror glass exterior walls to prevent heat and glare impacts on the adjacent public streets and properties. F4. Choose high quality materials and paint to prevent degradation and for ease of maintenance. F5. Use wrought iron, cast iron, or high quality wood for decorative features and trims. F6. Coordinate exterior colors of adjacent structures on the same or adjacent sites. F7. Use strong, bright contrasting colors for ornaments and accent only. 16 City-Wide Design Guidelines , x _f Parkin_g and Circulation F8. Coordinate color and material of building additions with those of the principal structure. F9. Wall and ground sign design, material, and color shall be compatible with the principal building on the site. 1 III. PARKING AND CIRCULATION .J Project site shall be conveniently 1 accessible to both pedestrians and automobiles. Sufficient off-street parking shall be provided for every project. On- site circulation patterns shall be designed to adequately accommodate traffic. Potential negative impacts of parking areas on adjacent uses shall be minimized and mitigated. Irp-R GENERAL T L r- Al. Minimize the use of surface parking in large office complexes and mufti-family developments to preserve open space and reduce visual effects. Below grade parking � � . g P 9 facilities are encouraged. r A2. Al When surface parking is unavoidable, cluster parking spaces into small parking areas, dispersed around the site, to avoid large paved expanses. s i j b 7 Y City-wide Design Guidelines 17 Parking and Circulation A3. Limit curb cut entries into project sites to maintain sidewalk and streetscape continuity. Shared driveway access on 11111 1 I III I I adjacent non-single family properties is encouraged. A4. III II I Design internal driveways for safety and I > ? I ! I I convenience. For dimensional standards and requirements on driveways and parking spaces refer to Section A3 19.48.21 Q of the Zoning Code. A5. Appropriately stripe parking stalls to indicate handicapped and compact spaces. A6. Avoid parking in required setback areas to maintain landscape strips along project boundaries. A7. Separate pedestrian and automobile traffic paths, and minimize conflict areas for safety. A8. Provide walkways to connect parking lots to building entrances. Define walkways by landscaping, lighting and paving. I ' A9. Large developments shall provide . I !l I OLL1��' 1 i 1L11� sufficient bicycle parking and covered A8 lockable racks close to building entrances. 18 City-Wide Design Guidelines Parld q and Circulation A10. Long term storage of recreational vehicles t and boats on front driveways of residential buildings is discouraged to avoid visual impacts on the neighborhood. Covered permanent parking areas/storage areas are recommended. All 1. No more than 50% of the front setback area cam be paved for driveways in single family ✓. residential projects (Section 19.40.60) to maintain landscaping along residential streets. r f PARKING STRUCTURES K B1. Large Commercial parking structures are not recommended in, or adjacent to, detached single family residential areas. 5 J B2. Incorporate both horizontal and vertical articulations in visible facades of parking structures to reduce bulk and mass problem. B3. Elevation designs shall maintain similar proportions and rhythm of architectural elements with those on adjacent buildings for architectural harmony. B4. Utilize the street level of parking structures for retail uses, or screen by dense landscaping and berming for visual relief. a` .Q II ,AY 3 j City-Wide Design Guidelines i9 Landscaping - IV. LANDSCAPING Landscaping shall be used to enhance sites and buildings, control climate and noise, create transition between adjacent uses, unify various site components, and define and separate functions and activities. GENERAL Al. Landscape design shall demonstrate a concept and link various site components. Placement and type of plant materials shall relate to the site and buildings. A2. rqp Preserve and incorporate existing natural �t EXISTING TREES features, particularly trees, on a site into i the landscape design of projects (Tree Preservation Ordinance). A3. Use of a Certified Arborist or landscape architect to protect existing trees during A2 construction is encouraged. A4. Properly landscape all areas not covered by structures, driveways, and parking. A5. Landscaping shall always consist of live plant material. Use of colored rock, wood bark, and gravel in place of landscaping is not acceptable. 20 City-Wide Design Guidelines Landscaping A6. Choose a variety of plant material with different textures and colors. Use water- wise plant material, as specified in the Landscape regulations. A7. Install a minimum of one tree for every 300 sq. ft. of landscaping. Minimum tree size is 15 gallon (Section 19.46.050i). Certain �r percentage of trees shall be specimen size. F A8. All shrubs shall be a minimum of 5 gallons. One gallon size shrubs may be used for accent planting and ground cover (Section 19.46.050i). A9. Landscaping shall always combine trees and shrubs with living ground cover. A10. Use of appropriate native vegetation is encouraged. Use water conserving plant material in 70% of all landscaped areas. A11. Install permanent irrigation system in all required landscaped areas except in single family and duplex residences (Section 19.46.50g). Al2. Install street trees along street side of projects according to the Department of Public Works requirements. Al 3. Incorporate design and location of walls and fences into the landscape design of projects. Al2 s City-Wide Design Guidelines 21 Landscaping A14. Focal points and highly visible areas of the site shall receive special landscape treatment. A15. Incorporate all site furniture including planters, tree grates, newspaper racks, and light fixtures into the landscape design of projects. A16. Site furniture and light fixtures shall follow the same design concept as the major structures on the site. A17. Always enhance automobile and pedestrian traffic paths by landscaping. PERIPHERAL 131. Provide a minimum of a 15 ft. wide landscape strip along the public street side of all developments, except for single family residences (Section 19.46.50c). Landscape strips of more than 15 ft. are strongly encouraged to enhance public streetscape. B2. Provide a minimum of a 4 ft. wide landscape strip along the sides and rear of all projects, except for single family detached residences and duplexes (which have different requirements). B3. Provide a minimum of 10 ft. wide landscape strip, plus a decorative masonry wall at least 6 ft. high, between all non-residential development and abutting residential uses (Section 19.46.50e). 5>9 City-Wide Design Guidelines s Landscaping INTERNAL C1. Provide landscaped areas equal to 4 approximately one fourth of the total square footage of each dwelling unit, per unit in all residential developments except for single family detached and duplexes (Section 19.46.50a). C2. Provide landscape areas equal to a minimum of 12.5% of the floor area in all commercial development (Section 19.46.50a). PARKING LOT D1. Adequately landscape all parking areas to reduce the effects of heat and glare from paving, and for visual relief. D2. Fully screen parking lots adjacent to public streets by landscaping and berming. Screening shall be at least 3.5 ft. high at the street level and must by at least 15 ft. wide. D3. Provide a combination of a 15 ft. wide landscaping strip and a 6 ft. high decorative wall in parking lots abutting a residential use, or across the street from a residential use. ._ : . D4. ` Fully screen below grade parking from public view at street level by landscaping and berming. Landscaping may be incorporated into the design of parking structures to soften the / facades and to screen cars. D5D City-Wide Design Guidelines 23 Landscaping D6. Driveway entrances shall receive special landscape treatment to break up paving expanses and to define the site entrance. I i D7. Landscape at least 20% of the parking area (Section 19.46.50d). I I I D8. Provide landscape islands all through parking lots. Islands shall be minimum of D6 6 ft. wide and shall be continuous between double rows of parking spaces. - — a D9. Provide a minimum of one tree for every 7 parking stalls (Section 19.46.050d). Always combine trees with shrubs or Y ground cover in islands. I � t I11i1 � D10. L Landscape islands are preferred to tree wells. Where tree wells are provided, D8 they shall be a minimum of 5 ft. by 5 ft. in dimension (Section 19.46.050d). D11. A minimum 6 in. high poured-in-place concrete curb shall be provided around all landscaped areas to protect landscaping from automobiles (Section 19.46.050d). FENCES AND WALLS El. Fences and walls shall be compatible in style and material with the main structures on a site. E2. To avoid the monotony of long solid walls and fences around the perimeter of projects, variation in height, texture, and color is recommended. 24 City-Wide Design Guidelines -,i Landscaping E3. Signs, lights, and other street furniture - incorporated into the design of fences and r walls are encouraged. E4. For front'yard fences in residential areas, open decorative type fences, such as picket, post, and rail are preferred. E5. Privacy fences over 6 ft. high in residential areas shall consist of lattice work for that - portion of fence being over 6 ft. high. E6. r Chain link and barbed wire fences are not allowed in residential areas. In non- residential areas chain link fences are acceptable on school grounds and within parks. E7. ;i Screening devices shall always be made of opaque materials such as wood or masonry blocks. E8. Fences and walls used for noise control shall be made of materials most suited for noise reduction, and which minimize reflective sound. E9. Security fences and gates shall be of an open type to allow for maximum visibility of the secured area. Wrought iron and cast ' iron fences are recommended for security i fences and gates for all uses. f t:r City-Wide Design Guidelines 25 Service Facilities V. SERVICE FACILITIES Service areas shall be designed and located for maximum function and minimum impact on adjacent uses. GENERAL Al. Locate service areas and drives away from public streets and nearby residential uses. Place service facilities in the least visible areas. A2. Provide convenient access for all service and emergency vehicles. Separate service drives from other on-site circulation patterns when possible. A3. Fully screen all service facilities from the r public street and adjoining properties. A4. Screening devices shall have a similar design and material to the mainwa structures on the site, and shall be incorporated into the site design of the A3 project. AS. Fences, walls, dense landscaping, berming, or any combination of the above, may be used to screen service areas and facilities. MECHANICAL EQUIPMENT B1. Avoid locating mechanical equipment in front setback areas between the public street and buildings (Section 19.40.30). 26 City-Wide Design Guidelines Service Facilities B2. Locate mechanical equipment far enough from adjacent properties to not cause noise problem. Noise level at property line may or adjacent to residential areas and 75dBA in commercial areas. B3. Fully screen roof top equipment by parapet _ walls or a roof well on all four sides. B4. Avoid individual screening of a group of �1 equipment on a single roof. Contain all equipment within same roof screen. LOADING B3, B4 C1. Provide loading areas in all non-residential development according to requirements of Section 19.48.270 of the Zoning Code. C2. Keep loading areas clear of automobile and pedestrian traffic (Section 19.48.280). s = Provide adequate facilities for loading _ activities for loading activities and truck traffic to minimize disturbance of other functions on the site. �- C3. Loading areas may not be adjacent to, or be visible from, residential uses. C2 C4. Loading docks and doors shall not face or be visible from public streets (Section 19.48.290). i S ll C4 i City-Wide Design Guidelines 27 Service Faciii6es C5. Integrate loading door design into the design of the building. Avoid using poor quality materials and odd colors for roof- up doors. C6. Concentrate loading docks and doors on one side of the building. In multi-building complexes, provide an internal service , yard where all loading activities take place. i C7. Outdoor storage of goods is not allowed. Store all goods within designated C6 enclosed storage areas. LIGHTING Di. Light fixture design shall be compatible with the design and the use of the principal structure on the site. D2. Incorporate placement of light fixtures into the landscape scheme of the project. Show location and type of all exterior lights on the landscape plans. D3. Height of the light poles shall be appropriate for the project and the surrounding environment. Height of the light poles shall not exceed the main building height. D4. Use ballard type luminaries, maximum of 8 ft. high, for pedestrian and residential areas. Parking lot light poles shall not exceed 16 ft. in height. 28 City-Wide Design Guidelines 4 Service Facilities D5. r Shield light sources to prevent any glare or z direct illumination on public streets or Y adjacent properties. D6. All area lights shall be energy efficient type (High Pressure Sodium or equivalent). A D7. i All on-site pedestrian and automobile traffic areas shall be well lit for safety and security. - TRASH ENCLOSURE B E1. E All multi-family projects of 4 or more units and all non-residential developments shall m provide for adequate storage of trash and recyclable materials in containers in enclosed areas (Section 19.46.040b). E2. Trash enclosures shall be conveniently accessible by collection trucks. Access driveways shall be a minimum of 16 ft. in width. E3. Enclosures shall not be located in setback, landscaped or parking areas (Section 19.46.040j). E4. 1 Provide adequate turnaround areas for r collection trucks on non-through streets. E5. Provide a concrete pad in front of and within enclosures to prevent damage to pavement. .3 t i City-Wide Design Guidelines 29 Service Facf7ities E6. In multi-family developments, locate enclosures within 250 ft. of each unit for users convenience (Section 19.46.040k). `�6``�✓ �`�" rr '� Trash enclosures must screen trash o containers on all 4 sides. The height of enclosures shall fully screen the containers and shall be a minimum of 6r ft. high. E8. In multi-family developments, provide a E7 roof for enclosures when visible from any upper story. E9. The style, material,. and color of enclosures shall be-similar to those of the main structure. E10. Enclosures shall be made of masonry and match the main building in finish and color in Commercial Zones. Residential enclosures may be wood, painted to match the main building. E11. Steel enclosure gates in commercial areas and wood enclosure gates in residential zones are required as a minimum standard. I " t --d 30 City-Wide Design Guidelines 1 i 3 Zoning Code References k 19.40.030 Building heights increased 19.40.060 Limitation on paved surfaces in R-0 and R-1 Districts - required front yard _3 19.46.040 Recycling and trash enclosures 19.46.050 Landscaping and usable open space 3 19.48.210 Parking area standards 19.48.230 Driveways 19.48.250 Parking not served by aisle t a s City-Wide Design Guidelines 31 I i Glossary Activity The movement of people walking, playing, window shopping, shopping, dining, etc., adding interest and excitement to areas -71 of the city. Articulation Variations in the depth of the building plane which break up monotonous walls and create interesting patterns of light and shadow. A Buffer A transition area between.two land uses. a Bulk and Mass The more surface area of a building seen at one time, the more "bulky" a building will appear to be. Further, the more a structure extends above its surrounding, the more likely it will be perceived as being "massive". Both elements, surface area and height, are necessary to create an impression of bulk. Both are J also relative measures and depend on the mass of surrounding _a development. _ Character Special physical characteristics of a structure or area that set it apart from its surrounding and contribute to its individuality. s Cluster An assemblage that concentrates in specific areas. y Compatible Elements or buildings that are in harmony with their surroundings and retain an individual identity while being } perceived as part of a homogenous whole. Continuity Continuity depends on the treatment of transitions and the joints between house and ground, corners, gateways between spaces and decision points on a pathway. Transitions are often the most noticeable feature at the outdoor scale. They must be articulate if the spaces are to be readable and coherently jointed. (Lynch) Density Number of form elements per area. a r ,; City-Wide Design Guidelines 33 Glossary Design Criteria A set of functional and aesthetic standards formulated to serve as a basis for the evaluation of design proposals. Districts Areas of a City which have a unique character which is identifiable as different from surrounding areas because of distinctive architecture, streets, culture, landmarks or the type of activities and land uses. Diversity Elements that are different from one another and have various forms of qualities. Goal A statement of public purposes that establishes a general direction of effort on a comprehensive city-wide level and indicates the ends to be achieved by.various actions. Identity A quality of sameness that makes a city, place or building unique and gives it a distinguishing character. Image The mental picture of a city or place taken from memory and based on subjective experience. Integrated Design Design elements appearing to have some relationship to the other elements. Linkage Two kinds: one links each space to another, the other links the activities. The relationship of each should be clarified to encourage flow. Lively Facade Active facade with openings. Objectives A situation that us capable of both measurement and attainment, and instrumental in the realization of goals. Objectives range in focus from general city-wide concerns to specific district proposals. Open Space An area that is intended to provide light and air, and is designed for either environmental, scenic or recreational purposes. Open Space (Usable) An outdoor or unenclosed area on the ground or on a roof, balcony, deck, porch, pool area, patio or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, excluding parking facilities, driveways, utility, service or storage areas. , I 84 City-Wide Design Guidelines 1 Glossary w Opportunity A situation wherein impending physical change or solutions to critical problems presents a chance to achieve a particular objective. Orientation An understanding or position relative to other. A space composed by proper oriented elements has a certain order. Path The channels along which the observer customarily, occasionally, or potentially moves. They may be streets, walkways, transit lines, canals, railroads. (Lynch) Y _9 Plaza A general course of action leading to the realization of goals j and objective, and indicating priorities to serve as a guide for decision making. Policy A general course of action leading to the realization of goals and objectives, and indicating priorities to serve as a guide for decision making. _ Proportions Functional and decorative elements that are in scale with each other. j Rhythm A repetition of architectural features. Scale The relative relationship in size of buildings and other objects to one another. Sense of Arrival A final destination within the sequence. i Sense of Entry A gateway where one moves from outside to inside, an arrive zone. Sense of Identification A sense of uniqueness. Visual forms that will make it distinguishable from its surroundings. Street Presence To tie-in with or be a part of streetscape. Transition The passage from one condition to another. .r a 3 1 35 City-Wide Design Guidelines SUBARTICLE 9: COMMUNITY DESIGN GUIDELINES . . . . . . . . . . . . 9-1 9-1-91. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 9-1-91.1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 9-1-91.2. Goal and Supporting Objectives . . . . . . . . . . . . . . . . . . . . . . 9-1 9-1-91.3. Role of Guidelines in Project Review . . . . . . . . . . . . . . . . . . 9-2 9-1-91.4. Applicability of Design Guidelines . . . . . . . . . . . . . . . . . . . . 9-3 9-1-91.5. Text References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3 9-1-92. Guidelines for Nonresidential Projects . . . . . . . . . . . . . . . . . . . . . . 9-3 9-1-92.1. Applicability of Nonresidential Guidelines . . . . . . . . . . . . . . 9-3 9-1-92.2. Nonresidential Site Planning . . . . . . . . . . . . . . . . . . . . . . . . . 9-5 9-1-92.3. Nonresidential Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . 9-13 9-1-92.4. Commercial Architecture . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-23 9-1-92.5. Office and Industrial Architecture . . . . . . . . . . . . . . . . . . . . 9-32 9-1-92.6. Cultural Depictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-35 9-1-93. Guidelines for Attached Residential Projects . . . . . . . . . . . . . . . . 9-37 9-1-93.1. Applicability of Residential Guidelines . . . . . . . . . . . . . . . . 9-37 9-1-93.2. Residential Site Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-38 9-1-93.3. Residential Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-45 9-1-93.4. Residential Architecture . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-49 9-1-94. Design Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-55 9-1-94.1. Applicability of Design Guidelines to Projects . . . . . . . . . . 9-55 9-1-94.2. Application for Design Review . . . . . . . . . . . . . . . . . . . . . . 9-56 9-1-94.3. Project Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-56 9-1-94.4. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-57 9-1-94.5. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-57 SUBARTICLE 9: COMMUNITY DESIGN GUIDELINES Sections: 9-1-91. General Provisions .. ........ . . .. . ...... . . .... 9-1 9-1-92. Guidelines for Nonresidential Projects . . . . ... . . . 9-3 9-1-93. Guidelines for Attached Residential Projects . ... 9-37 9-1-94. Design Review Procedures ........... .. . ..... 9-55 Sec.9-1-91. General Provisions. All references to this Section shall include Sections 9-1-91.1 through 9-1-91.5. Sec. 9-1-91.1. Purpose. This Subarticle is a statement of City policy regarding physical design in the City. It provides architectural, landscape, site planning, and sign criteria for the design and review of proposed commercial, office, industrial, attached residential, and other development within the City. Sec. 9-1-91.2. Goal and Supporting Objectives. (a) Goal. The overall goal of this Subarticle is to enhance the quality of the manmade environment in the City. (b) Objectives. In order to advance the goal in Paragraph(a)ofthis Section,the following objectives are hereby adopted: (1) To create a set of explicit design standards to be used by City reviewing bodies to help guide decisions for approval or denial of proposed development projects and thereby protect the general welfare of the community. (2) To create a set of explicit high quality design standards to be used by prospective developers and their site planners, architects, landscape architects, and engineers in designing proposed development projects. (3) To encourage new development projects which: a. Utilize a variety of architectural styles and site designs; b. Incorporate quality design features; c. Are both inviting and user-friendly to people; d. Offer pleasing and interesting views to pedestrians, motorists, and neighbors; and e. Are architecturally distinctive yet in harmony with the surrounding natural and manmade environments. 9-1 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (4) To provide a consistent approach to site planning, building design, signs, graphics, color, materials, lighting, landscaping, and other design elements. (5) To provide for City review of exterior modifications to commercial, industrial, office, and multiple family residential projects which were in existence prior to the establishment of these Guidelines, while at the same time providing for ease in processing of such review with a minimum of cost and time to the applicant. Sec. 9-1-91.3. Role of Guidelines in Project Review. (a) Guidelines to be considered as qualitative standards. (1) Guidance for decision makers. Although the Design Guidelines in this Subarticle are to be followed by developers,project designers, and City decision makers in the design and review of development projects, they are not precise zoning regulations with black-and-white allowances and standards. Instead, the provisions of this Subarticle are to be considered qualitative standards of good design to assist City decision-makers in their discretionary judgments to approve or deny projects.This Subarticle should therefore motivate design efforts toward meeting the City's quality standards, either prior to project submission or via design modifications during project review. (2) Project character. In reviewing individual projects, the decision-making authority shall tailor the application of the guidelines in this Subarticle to the scale and character of the project.That is,the decision-making authority may grant relief from a policy guideline(i.e.,identified by the word "should" per Paragraph (b) of this Section) if it determines that, due to unusual project characteristics or small scale, no useful purpose would be served by the guideline in terms of advancing the goal and objectives set out in Section 9-1-91.2.For example,the decision-making authority might determine that the provisions promoting pedestrian links to offsite areas is not appropriate for a discount warehouse surrounded by arterials and non-pedestrian land uses. In addition, similar relief for "shall" or mandatory guidelines may be granted by means of an exception as provided in Section 9-1-94.5. (b) Mandatory versus policy regulations. As a set of qualitative rather than"either-or" standards, the guidelines in this Subarticle provide for levels of discretion by City decision-making authorities in their application of different standards. Terms used to differentiate these levels are as follows: (1) The words"will"and"shall"identify mandatory design or procedural requirements which the City determines to be essential to achieving the goal and objectives of these guidelines. Such requirements shall not be modified or waived unless an exception (per Section 9-1-94.5) is approved by the decision-making authority. (2) The word "should" identifies a policy guideline which must be followed in the absence of compelling opposing considerations identified by the City decision-making authority. 9-2 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (3) The words"may,""encouraged,""discouraged,"and"be considered"identify optional,though highly recommended, guidelines. (c) Effect of other regulations. The Design Guidelines in this Subarticle are intended to augment the other provisions of this Zoning Code,applicable planned community ordinances and specific plans, and other relevant regulations controlling land use or development. In case of conflict or discrepancy between this Subarticle and any other regulations,the decision-making authority shall apply that which it determines to be more rigorous. Sec. 9-1-91.4. Applicability of Design Guidelines. The Design Guidelines in this Subarticle shall apply as set forth in Section 9-1-92.1 (Applicability of Nonresidential Guidelines) and Section 9-1-93.1 (Applicability of Residential Guidelines). Sec. 9-1-91.5. Text References. All references herein to chapters, sections, subsections,paragraphs,and similar text divisions shall be to this Subarticle unless some other document is specifically identified. Sec. 9-1-92. Guidelines for Nonresidential Projects. All references to this Section shall include Sections 9-1-92.1 through 9-1-92.6. Sec. 9-1-92.1. Applicability of Nonresidential Guidelines. (a) Site planning and landscape architecture. The nonresidential site planning and landscaping guidelines contained in this Subarticle shall apply to all nonresidential projects and to all projects which are predominantly nonresidential but which may also contain some residential uses,such as residential units above retail stores. (b) Architecture. (1) Commercial guidelines. The commercial architectural guidelines of Section 9-1-92.4. shall apply to the following projects: a. Freestanding retail buildings, shopping centers, restaurants, and other commercial development. b. Civic centers. c. Institutional buildings, such as churches, libraries, museums, schools, and colleges. d. Small-scale hotels and hospitals,three stories or less. e. Mixed-use projects which are predominantly commercial but which also include other uses within the same building or cluster of buildings(e.g. residential units above retail stores or 9-3 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES professional offices within a commercial building or shopping center). (2) Office-industrial guidelines. The office-industrial architectural guidelines of Section 9-1-92.5 shall apply to the following projects: a. Office and industrial buildings and parks. b. Utility substations. c. Large-scale hotels and hospitals, four stories or above. d. Mixed-use projects which are predominantly office or industrial but which also contain small incidental commercial uses, such as a sandwich shop. (3) Office or industrial buildings proposed for commercial areas. Notwithstanding the guidelines contained in Paragraphs(b)(1)and(b)(2)of this Section,in order to promote consistent design quality within the community's retail commercial areas, the City shall have the discretion of applying the commercial architectural guidelines of Section 9-1-92.4 to office, industrial, or other buildings proposed for such commercial areas.Determinations to apply such commercial architectural guidelines shall be in accordance with the provisions of Paragraph (c) of this Section. (c) Alterations to existing nonresidential buildings or projects. (1) Alterations are subject to guidelines. Exterior alterations to existing nonresidential buildings or projects shall be subject to the Design Guidelines set forth in this Subarticle if such alterations require a site development permit per Section 9-1-114. (2) Significant exterior alterations. For significant alterations which meet the findings criteria set forth in Paragraphs (2)(a) and (2)(b) following, the decision-making authority shall have the option of also requiring alterations to other portions of a building or project not proposed for alteration in order to bring the overall building or project into conformity with the Design Guidelines set forth in this Subarticle. Such alterations include changes to buildings,other than building painting or similar maintenance, and to non-building project improvements, such as parking,driveways,landscaping,etc.For such review,the decision-making authority shall make the following findings: a. In the case of buildings, the alterations exceed ten percent of the value of the building or involve more than ten percent of either the exterior wall or exterior roof area. In the case of projects, the improvements to be altered cover more than ten percent of the project site. b. Such alterations are necessary to maintain or enhance the design integrity of the building or project and to advance the goal and objectives set forth in Section 9-1-91.2. (3) Minor exterior alterations. 9-4 LACUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES a. Definition. A minor exterior alteration consists of changes to the exterior of a building or a project which are not so extensive as to meet the standards of Paragraph(c)(2)of this Section for extending review to an entire building or project for compliance with these Guidelines. Minor exterior alterations generally include changes to architectural features, exterior lighting, mechanical equipment screening, site landscaping, including tree removal, or repainting the exterior of a structure with different colors. A minor exterior alteration does not include repainting of a building with the existing colors or replacing existing landscaping with the same or similar plants. b. Changed plan required. A minor exterior alteration,as defined in this Subsection,shall not be made to an existing building or project until it is administratively reviewed and approved by a changed plan processed in accordance with Section 9-1-113.7. The Director may refer such a proposed changed plan to the Planning Commission for review and approval if the Director determines that the public interest would be better served by Planning Commission review of the proposed changed plan. Review of a proposed minor exterior alteration shall be limited to the proposed alteration and shall not be a basis for or allow review of the entire building or project for compliance with the provisions of these Guidelines. (d) Determinations of applicability. In cases where it is uncertain which of the nonresidential site planning, landscaping, or architectural guidelines apply to a proposed project, the Community Development Director shall decide based on his assessment of the overall character of the project and its proposed land use or mix of uses.However,in cases where the Director concludes that,because of the large scale and/or prominent location of a project, the determination will materially affect achievement of the goal and objectives set forth in Section 9-1-91.2,the determination of applicability shall be referred to the Planning Commission. (e) Effect of other regulations. The community design guidelines set forth in this Subarticle are intended to augment the circulation,access,parking,site planning,landscaping,architectural,and other design standards of this Zoning Code and the Orange County Transportation Planning Division's "Development Plan Review Guidelines,Criteria,and Standards"adopted by the City.In case of conflict between any of the preceding regulations and this Subarticle,the decision-making authority shall apply that which it determines to be more rigorous. See. 9-1-92.2. Nonresidential Site Planning. (a) Project access. (1) Project identification. Identification signs should be provided for all projects. Such signs shall conform to the sign regulations of Subarticle 7 of this Code pertaining to limitations on size, height, and placement set forth elsewhere in this Zoning Code. The project name shall be approved by the decision-making authority in order to ensure appropriateness, to aid in identification for emergency services, and to avoid duplication with other projects in the City. 9-5 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES Note:All sketches in this Subarticle are intended as examples only. They are not to be taken as the only acceptable design solution for each situation. (2) Project entry location. Project entries shall be limited in number and located as far as possible from intersections in order to minimize congestion and conflicts. For projects TEMAED PAS Fl WEMNG SPECIMEN TREE on major or primary ENIM E'" arterials or where otherwise determined necessary by the City, - full street-intersection- all type entries should be used instead of LANDSCAPING dustpan - type driveways. (3) Project entry design. Major project entries shall be designed as special statements Project entries should be inviting and distinctive. reflective of the character of the project.The goal should be to establish a distinctive and inviting image for the project. (Entry landscape improvements shall conform to the guidelines of Section 9-1-92.3). (4) Pedestrian access. Commercial,office,and related site plans shall be designed to physically and visually link the site to the street sidewalk as an extension of the internal pedestrian circulation system in order to effectively separate pedestrian and vehicular traffic and invite pedestrian access into the project. Also,provision should be made for direct pedestrian links between the project and adjoining projects and residential areas. (5) Bicycle access. Bicycle usage shall be encouraged by the provision of bikeway access to nonresidential projects and bike racks at convenient locations near building entries. (6) Jogging trails. Projects of appropriate scale or location may incorporate jogging trails within the project boundaries and/or provide access to trails outside the project. (7) Bus stops. Where bus stops are located on a project's frontage, provision should be made for buses to stop out of the flow of traffic.Therefore,bus stop turnouts should be incorporated into the design of site and street improvement plans.(Standards of the Orange County Transportation Authority shall be taken into consideration in the design of such turnouts.)In addition,a waiting bench should be provided and overhead shelters are encouraged. Any proposed bus stop 9-6 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES amenities shall be included as part of the project's design details. SHMM --T (b) Parking. (1) Goal. Since entries and parking lots establish a patron's first first impression of . a project, the goal of " parking lot design should be to create a friendly and inviting arrival courtyard rather than just a pavement-covered area to park cars. Example of bus stop turnout design. (2) Parking standards. Parking ratios(e.g.,spaces per square foot of building area,etc.),minimum aisle and space dimensions, and similar requirements are contained in the parking regulations portion of this Zoning Code. The design standards in this Section are intended to supplement those standards. (3) Queuing setbacks from street entries. To minimize conflicts between entry traffic and parking, parking spaces and parking aisles shall be set back from the street entry in accordance with standards set forth in the parking regulations portion of this Zoning Code. (4) Parking lot interconnections. The parking and circulation layouts of adjoining developments should be coordinated and interconnected wherever possible to allow for reciprocal vehicular and pedestrian access without reentering the street. (5) Internal circulation. Parking lots shall have an internal circulation system which interconnects parking aisles without requiring street reentry. Also, dead-end driveways or aisles should be avoided whenever possible.In any case,all dead-end aisles serving more than five consecutive parking spaces shall have a turnaround area at the dead-end. (6) Parking segmentation. Where parking lots must accommodate over 30 cars, they should be broken up into segments or modules of less than 30 spaces by means of intervening landscaping, access drives, or buildings in order to avoid large unbroken expanses of paved area. (7) Parking stall striping. In order to help maintain adequate separation between parked cars,stalls should be marked by double or hairpin stripes. Other parking lot striping requirements shall be in accordance with the provisions contained in the parking regulations portion of this Zoning Code. 9-7 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (8) Parking lot screening. Parking and circulation areas shall be screened from the street and from adjacent properties of dissimilar zoning by means of boundary landscape architectural elements in accordance with the provisions contained elsewhere in this Zoning Code and the landscape guidelines of Section 9-1-92.3 in order to shield views of cars and paving while promoting views of buildings on the site. (9) Interior parking lot landscaping. In order to mitigate the visual impact of large expanses of paved areas,parking lots shall include interior parking lot landscaping in addition to boundary landscaping in accordance with the landscape guidelines of Section 9-1-92.3. (9) Buffer strips next to buildings. There should be a landscaped buffer area of at least seven feet between buildings and parking areas or driveways in order to avoid placing paved vehicular areas next to building walls.No credit shall be given toward satisfying this guideline to vehicle overhang areas. (11) Use of continuous curbs as wheel stops. ` In order to enhance 4_ visual continuity and minimize clutter, a continuous unbroken concrete curb should be used as the front •'^ wheel stop for adjacent parking v +'�& stalls within a row .0 N rather than individual w wheel stops for each parking stall. Also, - � �'`" "try^'" where stalls are perpendicular to walkways o r Continuous curbs avoid the clutter of individual wheel stops and landscaped areas, serve as useful separations between parking and landscaped areas. In this case, the landscape buffer separates the parking such walkways or area from the building. landscaped areas shall be made at least two feet wider than the standard width in order to accommodate cars' front overhangs.This additional overhang width should be of a different color, texture, and/or material than the remainder of the walkway to distinguish it from the pedestrian portion. (c) Outdoor lighting. (1) Intensity. Parking lot and other outdoor lighting should be the minimum needed to ensure safety 9-8 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES and security so that impacts on surrounding residential areas are minimized. The lighting intensity within parking lots and adjacent areas should be at least 1.0 footcandle at all points, but should not exceed an average of 3.0 footcandles over the entire parking lot. (Lower illumination levels may be used from one hour after the close of all businesses served by the parking facility until dawn.)In addition,the intensity of light spillover beyond a distance of 20 feet from any project boundary should not exceed 0.2 footcandle. (2) Photometric analysis. In order to assess compliance of proposed projects with lighting intensity and spillover limitations,the City may require a photometric site plan analysis to show lighting intensities within the site and light spillover beyond the site boundaries. (3) Lighting and landscaping. Outdoor lighting shall be coordinated with parking lot and frontage tree planting plans in order to satisfy both the lighting intensity parameters of Paragraph(c)(1) of this Section and the interior project landscaping requirements of Section 9-1-92.3. (4) Light fixture design. Decorative fixtures with full cutoff shields to direct light downward should be used for POLE uc,fm� parking lot lighting in order to minimize offsite glare. Bollard or other low-height lighting should be used whenever possible for pedestrian areas. BOLt�uGHTING Light fixture design should \` harmonize with and enhance the character of the project. Building-mounted outdoor L light fixtures should be integrated into the overall building design. Decorative low-height lighting should be used for (5) Building illumination. Any pedestrian areas. building illumination or architectural lighting shall be indirect, with no light source visible from abutting streets. Architectural lighting should serve to emphasize building entries and particular building details. (6) Sign illumination. Illumination of signs shall conform to Subarticle 7 of this Code. (d) Pedestrian spaces and walkways. (1) Pedestrian links to offsite areas and facilities. Commercial, office,and related site plans shall be designed to physically and visually link the site to the street sidewalk as an extension of the 9-9 J,` C LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES internal pedestrian circulation system in order to effectively separate pedestrian and vehicular traffic and invite pedestrian access into the project. Also,provision should be made for direct pedestrian links between the project and adjoining projects and residential areas. (2) Internal pedestrian connections. Internally, projects should include a system of pedestrian walkways which interconnect building entries with each other and with appropriate parking areas,while minimizing conflicts between pedestrians and vehicles.Also,whenever determined feasible by the Planning Commission, site plans shall be designed so that walkways connect individual buildings within a project directly without forcing pedestrians to mix with vehicular traffic. (3) Pedestrian friendly walkways. Walkway layout should anticipate pedestrians' desired movements and should provide direct routes for them. For example, walkways should allow pedestrians to"cut the corner"in order to change direction without wearing an ad hoc pathway over adjacent grass or groundcover. Also, meandering sidewalks or walkways should contain only shallow curves to avoid frustrating pedestrians with unnecessary detours. (4) Walkway treatment. Walkways should be well-marked by means of low-level signage, pedestrian scale lighting,such as bollard lights, and distinctive paving and landscape planting treatments. Where feasible, trellises, arbors, arcades, or `, similar features �! ' + ? „ +'�,(` should be used to cover walkways and c give a feeling of : enclosure and IIYr security. Also where textured paving is l used, it should not be so rough or irregular Covered arcades, potted plants, and distinctive paving as to make walking give a feeling of intimacy and enclosure to walkways. difficult,especially in high heels, or discourage the use of baby strollers or wheelchairs. (5) Creation ofpeople spaces. Commercial,office,and related projects should incorporate outdoor 9-10 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES amenity areas such as . atriums,plazas,courtyards, 1 and outdoor cafes. TheseAP features should be combined with architectural elements, such as arched entries, to create an inviting layering of spaces, in which surrounded outdoor spaces, such as courtyards, are ttt 1 visible from other outdoor r t spaces. In addition, these r 1 } �- people spaces should: j a. Be comfortable and human-scale; � � 1j ,i' ( i►lttl,� b. Include such amenities Commercial and office projects should include inviting outdoor as fountains, benches, spaces such as promenades, outdoor cafes, courtyards,plazas, and seating walls, and similar features. landscape plants; and c. Provide moderate protection from the elements. (6) Variations in building footprints. Site plans should be designed so that building footprints are articulated in accordance with Sections 9-1-92.4 and 9-1-92.5,architectural guidelines.That is, buildings should incorporate variations composed of insets,entries,corners,and jogs integrated with adjacent outdoor areas in order to create intricate and inviting pedestrian spaces. (7) Sidewalks within parkways. On arterial frontages, sidewalks should be placed within the landscaped parkway rather than adjacent to the curb so that there is a landscaped buffer on both sides of the sidewalk(see also Subsection 9-1-92.3(c)re frontage landscaping).Parkways should be of sufficient width to accommodate both the sidewalk and the street tree root zones. This sidewalk placement should be used notwithstanding county standard plans for sidewalks. (e) Preservation of views;project design. Because of its beautiful setting and hilly topography,the City enjoys unsurpassed view opportunities.Therefore,project site planning should carefully consider access to views by both project patrons and the general public. Projects should be oriented and site planned so that panoramic and mid-range views are promoted,both from within a project and from the adjacent streets and neighborhoods. Further,projects should be conceived and designed to protect,to the greatest extent feasible,existing vistas and panoramas of open space,major landforms, ocean, and special landmarks. 9-11 Yi LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (f) Hillside grading. (1) Hillside protection ordinance. Nonresidential projects subject to the provisions of Subarticle 8, (Hillside Protection), shall conform to the grading and other standards of that Section. (2) Retaining walls. Because of the rugged topography in the City, retaining walls are often proposed to create pad area for the large space needs of commercial, office, and industrial projects. Therefore, whether a project is subject to the provisions of Subarticle 8 or not, the visual impacts of retaining walls should be mitigated. Thus, retaining walls and crib walls should not exceed six feet in height and should include irrigated planting consisting of vines and/or other landscape screening. Where the decision-making authority finds that greater retaining is warranted,it may approve a tier of up to three such walls,up to six feet high each, placed one above the other,provided a minimum of six feet of horizontal permanently irrigated planted terrace is placed between each pair of walls. (3) Terraces and downdrains. The visual impacts of drainage terraces and downdrains should be softened by the use of river rock, colored gunite, colored concrete, or other treatments which produce a more natural appearance than standard drainage devices. Terrace benches should be of sufficient width to provide for visual screening of terrace drains by means of berming or similar design measures. Unless determined necessary by the decision-making authority, downdrains should not be placed at visually prominent locations such as at street intersections. However, if such a prominent downdrain location is determined necessary, the downdrain should be placed in an underground pipe. (g) Loading, storage, and trash areas. (1) Loading and storage areas. Loading and storage areas shall be screened from public view by means of solid walls or fences and/or plantings in accordance with the provisions of Section 9- 1-45.4.Loading areas should be separated from public vehicular and pedestrian areas and should have direct connections to the businesses they serve. (2) Trash enclosure placement. Trash enclosure placement shall conform to the provisions of Section 9-1-45.19. In addition, trash enclosures shall be: a. Located near to the businesses they serve; b. Directly accessible to trash trucks via alleys or driveways so as to avoid the necessity of substantial hand carrying of trash containers or hand pushing of dumpsters; and c. Located substantially away from public viewscape,pedestrian, and circulation areas unless determined infeasible by the decision-making authority. 9-12 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES LANDSCAPE SCREEN OVERHEAD } 1 STRUCTURE j .. BUILDING INSET •. . ,�, . Loading and trash areas should be screened by a combination of walls and landscape planting. (3) Trash enclosure design. Enclosures shall be constructed on a concrete pad and shall conform to the provisions of Section 9-1-45.19 and disposal company standards. Enclosure walls shall be at least six feet high and shall be made of strong durable materials consistent with the colors and finishes of nearby buildings. Doors shall be self-latching, metal or metal framed, and of heavy duty construction sufficient to withstand hard usage.Interior concrete or metal curbs shall be included to prevent damage to the enclosure walls. Decorative overhead structures such as trellises should be integrated into the design,especially where the trash enclosure is visible from above.Where exposed to public view,trash enclosures should also be screened by vines,shrubs and/or trees. Trash enclosures shall be large enough to provide space for at least two 90-gallon recycling toters per each dumpster bin. Note:All sketches in this Subarticle are intended as examples only. They are not to be taken as the only acceptable design solution for each situation. See. 9-1-92.3. Nonresidential Landscaping. (a) Overall landscape architectural design. Landscape plans shall utilize the various elements of landscape architecture (e.g. planting, walkways, water features, lighting, outdoor furniture, etc.) to accomplish the following objectives: (1) To visually emphasize prominent design elements and vistas, while screening undesirable views. (2) To provide a harmonious transition between adjacent land uses and between development and open space. 9-13 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (3) To be varied enough to provide interest and emphasis, but not so obtrusive as to distract the viewer. (4) To provide an overall unifying influence, enhancing the visual continuity of the project. (b) General requirements. (1) Deep root barriers. Trees planted within 15 feet of walls or pavement shall be installed with deep root barriers to help prevent foundation or pavement damage. (2) Tree grates. Tree grates should be installed around trunks where trees are planted within sidewalks or other paved pedestrian areas. (c) Project frontage landscaping. (1) Parkways along streets: a. Project street frontages are highly visible to both patrons and motorists. As the first design feature seen by people entering a project,street frontages establish the visual image for both the project and the streetscape. Because of these considerations, street frontage parkways shall be of ample width and generously landscaped.Landscape plans shall treat this parkway, including any portion within the public street right-of-way,as one integrated greenbelt.Such frontage landscape design shall also conform to the more specific requirements of Section 9-1-45.3. b. Parkway frontage landscape design should include sidewalks and/or bicycle-pedestrianways, and planting consisting of trees, shrubs, and either grass (drought-resistant varieties) or groundcover. Frontage landscape treatment shall be of low height near project entries so as to preserve sight lines and ensure traffic safety. (2) Scenic corridors. Landscaping and other standards for scenic corridors shall be provided in accordance with the applicable scenic corridor plan. If no plan has been adopted for a given scenic corridor, landscape architectural design shall be generally consistent with the concepts contained in the adopted Crown Valley Parkway Scenic Corridor Specific Plan. (d) Project entry landscaping. (1) Entries as special statements. Project entries shall be designed as special statements reflective of the character of the project in order to establish identity for tenants, visitors, and patrons. Flowering accent planting and specimen trees should be used to reinforce the entry statement. Landscape treatment shall utilize such measures as low height plantings at the corners to preserve sight lines and ensure traffic safety. 9-14 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (2) Textured paving. Textured o r INI ERROR LANDSCAPING, enriched paving TEXTURED PAVING .I-WRPIN.$TRIPING treatments, such as PAC' AISLIM interlocking pavers, ; stamped concrete, etc.,shall be used at project entries. Textures should be F: N selected which: Z - W Q • a. Give a feeling of transition; ` b. Discourage high speeds by Generous entry landscape treatment adds a softening effect and helps p r o v i d i n g to establish a project's identity. slightly rougher pavement under the wheels; c. Do not become slippery when wet; and d. Are not so rough or irregular as to make walking difficult (especially in high heels) or discourage the use of baby strollers or wheelchairs (also see Section 9-1-92.2 re walkway treatment). (3) Entry signs. Project identification signs shall conform to the sign regulations contained in Subarticle 7 of this Code.Other aspects of entry design and identification shall be in accordance with the nonresidential site planning guidelines of Section 9-1-92.2. (e) Boundary and interior project landscaping. (1) Goal. For almost all projects,both the first impression and the departing memory are created by the parking lot and adjacent spaces.Therefore,these areas should be regarded as landscaped open space,and the goal of site and landscape plans should be to create inviting garden rooms, with trees, shrubs, groundcover, and areas of enriched paving. (2) Boundary landscaping. All projects shall conform to the basic parking lot landscaping/screening requirements contained in Section 9-1-45.3. In addition,parking and circulation areas shall be screened from: a. Streets by means of parkway landscaping and berming or, in cases where the Planning Commission determines that berming is not feasible or desirable,by means of a combination 9-15 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES of landscaping and low screening walls; and b. From adjacent properties of dissimilar zoning by means of landscape strips and/or walls or fences. More specific guidelines regarding screening walls and fences are contained in Section 9-1-92.3. (3) Interior project landscaping. In order to ...•, ,,, ensure sufficient landscaping around ^ buildings and to soften the _ r visual impact of large `s. - 7 `'�'"' paved areas, at least five percent of the net usable area of the project site M should be landscaped, �j + ` 3 V �"'•:.. Lam'• K � is with at least half of that r• landscaping located in areas devoted to parking. f f! Required frontage and boundary landscaping shall not count toward this Interior parking lot landscaping breaks up large paved areas and interior landscaping helps to screen rows of parked cars. guideline unless such landscaping is in excess of the minimum required by Section 9-1-45.3. (f) Pedestrian area landscaping. (1) Use ofsmall scale plant materials. Planting adjacent to walkways and within plazas and other pedestrian spaces should include smaller species of shrubs and trees in keeping with the intent to maintain an intimate human scale in these areas. (2) Landscaping amenities. Pedestrian spaces should be enhanced by planting accents such as trees, shrubs,and/or vines espaliered against wall surfaces,flower beds,window boxes,and hanging pots with flowers and vines. (g) Landscaping and utilities. (1) Coordination of landscaping and utilities. Project civil engineers and landscape architects shall consult during the preparation of street improvement,grading and landscape architectural plans to coordinate the placement and installation of utilities, irrigation systems, and landscape planting. 9-16 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (2) Placement of utility boxes. a. Unless determined infeasible by the Community Development Director,street improvement plans shall be designed so that: 1. Street lights are placed off of sidewalks; and 2. Irrigation controllers, power transformers, telephone and cable TV junction boxes, and other similar facilities are placed underground. b. If underground placement is determined infeasible, such facilities shall not be placed on sidewalks, other walkways, or bikeways unless the Community Development Director determines further that there is no other feasible location for the facility. The Director may refer determinations of feasibility under this Subsection to the Planning Commission in cases where the Director concludes that the facility's proposed location might interfere with the goal and objectives stated in Section 9-1-91.2. (3) Screening of utility boxes. Utility boxes such as power transformers, irrigation controllers, telephone connection boxes,etc.,not placed underground shall be effectively screened by means of shrubs or other landscape treatment. (4) Landscaping and outdoor lighting. Project electrical and civil engineers and landscape architects shall consult with each other during the preparation of outdoor lighting,parking lot, and tree planting plans in order to satisfy both the lighting intensity parameters of Section 9-1- 92.2 and the parking lot landscaping requirements of Subsection 9-1-92.3. (h) Tree preservation. New projects shall be designed to preserve existing trees to the greatest extent possible.Landscape,grading,and site plans should incorporate these trees into the overall project design, including measures to protect the existing trees during and after construction. Such measures shall be clearly indicated in both preliminary and final construction drawings.In conjunction with such efforts,the applicant may be required to engage a properly credentialed arborist to submit evaluations and recommendations for saving, transplanting, or removing existing trees. If the decision-making authority determines that significant existing trees cannot be saved, it may require their replacement with new specimen-size trees having a cumulative trunk diameter of up to two times the cumulative trunk diameter of the trees to be removed.Trunk diameters shall be measured three feet above the base. (i) Plant selection guide. (1) Criteria for selection of plant materials. Plant materials shall be chosen on the basis of both functional and visual characteristics. On manufactured slopes, consideration shall be given to reducing landscape maintenance and water consumption,adaptability to adverse soil conditions present in many parts of the City,low fire-fuel content in transition areas between development and open space, and enhancement of slope stability and erosion control. Where soil and other 9-17 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES environmental conditions permit, species native to coastal southern California may be incorporated into the landscape plan. (2) Tree species. It is not the purpose of this Subarticle to dictate project-specific design details. Therefore, although this Subsection identifies tree species which are generally encouraged, it is not to be taken as an exhaustive list of all acceptable species.Examples of species which may be used in different areas of a project are listed on the following pages. Most of these species are drought tolerant. In keeping with the nontechnical nature of these Guidelines, common instead of botanical names are used. ("(D)" denotes deciduous species, "(E)"evergreens.) ENTRY AND ACCENT TREES Common Name Mature Height Mature Spread Flower/Season Notes (feet) (feet) Bottlebrush 15--30 15--20 red/spring showy color (various) (E) Chinese Flame 30 25 yellow/summer good accent (D) Coral Tree 40 60 red/winter root control (Kaffirboom) (D) needed Crape Myrtle 20 10 red/summer colorful small (mildew-resistant tree varieties) (D) Flame Tree 40 30 bright brilliant color (semi-decid.) red/summer Goldenrain(D) 20 15 yellow/spring durable, colorful Jacaranda(semi- 50 35 blue/summer deep-rooted decid.) Queen Palm (E) 40 30 none graceful branches Star or Norfolk 100 50 none pyramidal, stately Pine (E) STREET FRONTAGE TREES* Common Name Mature Height Mature Spread Flower/Season Notes (feet) (feet) 9-18 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES Bradford Pear(D) 40 20 white/spring good canopy tree Canary Island 70 30 none tall, formal Pine (E) Chinese Pistache 40 30 none colorful fall (D) foliage Coast Redwood 70 25 none beautiful street (E) tree Deodar Cedar(E) 80 40 none formal conifer Fern Pine (E) 50 20 none slow growing London Plane (D) 60 30 none vertical sycamore Magnolia(E) 60 40 white/summer large flowers Sweetgum 80 40 none colorful fall (Liquidambar) foliage (D) Also Star or Norfolk Pine, listed in Entry and Accent Trees. * Street tree species shall be selected to match or complement existing trees on the same street. If new streets are to be constructed within a project, there shall be an overall street tree plan/program to reinforce streetscape identity (e.g. single species or mixed,canopy or vertical species, formal with uniform spacing vs. informal species and groupings, etc.) INTERIOR PARKING LOT TREES Common Name Mature Height Mature Spread Flower/Season Notes (feet) (feet) Chinese Elm (E) 50 60 none canopy/shade Bradford Pear, Canary Island Pine, Fern Pine,London Plane, Magnolia,and Liquidambar, listed in Street Frontage Trees. 9-19 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES WALKWAY AND PEDESTRIAN AREA TREES Common Name Mature Height Mature Spread Flower/Season Notes (feet) (feet) Eucalyptus 30 20 negligible fine-textured Nicholii (E) leaves Gold Medallion 20 15 yellow/summer graceful,weeping Tree (E) Photinia(Fraser) 10 10 white/spring small; good color (E) Tabebuia(E) 25--30 20 yellow/spring very showy Also, Crape Myrtle and Goldenrain, listed in Entry and Accent Trees; and Chinese Pistache and Fern Pine, listed in Street Frontage Trees. PERIMETER AND SCREENING TREES Common Name Mature Height Mature Spread Flower/Season Notes (feet) (feet) Aleppo Pine (E) 50 40 none fast-growing Australian Tea 20 20 white/spring gray-green leaves Tree (E) Australian 20 15 yellow/spring deep-rooted Willow(E) Leyland Cypress 40 20 none very fast-growing (E) Myoporum(E) 30 25 none dense screen 9-20 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES SLOPE TREES Common Name Mature Height Mature Spread Flower/Season Notes (feet) (feet) Acacia(various 10--30 10--40 various/spring good on slopes species) (E/D) California Pepper 50 50 none light green (E) Coulter Pine (E) 60 30 none hardy Eucalyptus 15--100 10--50 some species large variety (various species) (E) Also, Aleppo, Pine, Australian Tea Tree, Australian Willow, Leyland Cypress, and Myoporum, listed in Perimeter and Screening Trees. 0) Planting sizes and densities. (1) Planting sizes and densities for flat areas. For all landscaped areas other than manufactured slopes over six feet in height,landscape planting shall conform to the following minimum size and planting density standards: a. Trees. 1. Minimum size:six feet high(measured from the top of container)with at least 20 percent to be minimum 24-inch box size. 2. Maximum spacing in parkways, entry drives, street medians, parking lot planter strips, and project boundary strips: average 30 feet. Trees may be planted either in irregular clusters or at equal intervals provided the preceding average spacing is achieved. b. Shrubs. 1. Minimum size: one gallon minimum with at least 30 percent to be five-gallon. 2. Maximum spacing: average ten feet. (2) Planting sizes and densities for manufactured slopes. On manufactured slopes over six feet in 9-21 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES height, landscape planting shall conform to the following minimum size and planting density standards: a. Trees. 1. Minimum size: five-gallon, with at least 30 percent to be minimum ten feet high, measured from the top of container. 2. Maximum spacing: average 25 feet. b. Shrubs. 1. Minimum size: one-gallon minimum with at least 30 percent to be five-gallon. 2. Maximum spacing: average ten feet. c. Vines. As required to augment groundcover and/or provide screening for retaining walls. d. Groundcover. Hand-planted plugs with minimum density of one foot on center, or other density as approved by the Community Development Director,or hydroseeding utilizing seed mixture approved by the Director. Either of the preceding methods or a combination of the two shall be sufficient, in the Director's judgment, to meet a goal of 100 percent slope coverage within one year of planting. (k) Walls and fences. (1) Height and placement. Limitations on height and placement of walls and fences shall be per the provisions of Section 9-1-45.2 or applicable planned community text or specific plan. (2) Frontage walls. Walls located along project street frontages shall conform to the provisions of Section 9-1-45.2 and shall effectively screen parked cars(see also Section 9-1-92.3 re boundary landscaping).Such walls should generally be solid but may include open portions(tubular steel, wrought iron, etc.) if the decision-making authority determines that the desired screening of parking and circulation areas is still achieved. (3) Perimeter and screening walls.Non-street perimeter walls and walls screening service,loading, or similar areas should be of masonry, stucco, or other solid material. Shrubs and/or vines should be planted on one or both sides of such walls to add visual softening, except where determined infeasible or unnecessary by the decision-making authority. Plant spacing should be appropriate to the growth habits of the selected plant species but should be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision-making authority determines that screening is not required, walls may incorporate tubular steel, wrought iron, or other open design. In any case, there 9-22 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES should be an intervening landscape buffer between perimeter walls and walkways. (4) Materials and colors. Walls should utilize durable materials,finishes,and colors consistent with project buildings.However,wood fences are discouraged because of maintenance problems and lack of durability. Also, chain link,wire mesh,barbed wire, or similar materials should not be used because of their unattractive appearance unless the decision-making authority determines that the fence will not be visible to the public or is otherwise consistent with the goal and objectives set forth in Section 9-1-91.2. In such cases, vinyl-clad chain link is encouraged. (5) Wall/fence articulation. Long straight stretches of wall or fence should be avoided because of the resulting monotonous appearance and lack of visual interest. Walls and fences should be varied by the use of such design features as offsets (i.e.jogs), open panels (e.g. containing wrought iron) at selected locations, periodic variations in materials, texture, or colors, the inclusion of landscape plantings, and similar measures. (6) RV lot screening. Recreation vehicle storage lots in nonresidential areas shall conform to the residential screening requirements contained in Section 9-1-35. Sec. 9-1-92.4. Commercial Architecture. (a) Applicability. (1) General applicability. The commercial architectural guidelines of this Section shall apply to the following projects: a. Freestanding retail buildings, shopping centers, restaurants, and other commercial development. b. Civic centers. c. Institutional buildings, such as churches, libraries, museums, schools, and colleges. d. Small-scale hotels and hospitals,three stories or less. e. Mixed-use projects which are predominantly commercial but which also include other uses within the same building or cluster of buildings, e.g. residential units above retail stores or professional offices within a commercial building or shopping center. (2) Office or industrial buildings proposed for commercial areas. In order to promote consistent design quality within the community's retail commercial areas,the City shall have the discretion of applying the commercial architectural guidelines of this Section to office or industrial buildings proposed for such commercial areas. Determinations to apply such commercial architectural guidelines shall be in accordance with the provisions of Section 9-1-92.1. 9-23 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (b) Architectural style and harmony. (1) Diversity of styles. No single architectural style predominates for commercial buildings in the City. Indeed, one of the strengths of the City's built environment is the variety and interest provided by the diversity of styles in its different commercial areas. Maintenance of this lively mix of styles is encouraged in new commercial projects within the framework of this Subarticle. (2) Compatibility with existing development. Although architectural diversity is encouraged in commercial projects, it is not to be achieved at the expense of harmony with existing development.Thus,though new projects need not imitate the design of surrounding buildings, they nevertheless should be visually compatible with that development.This compatibility can be achieved by incorporating some of the design features of existing development such as materials; colors; architectural details, such as door and window design; and roof design,etc. In addition, the space needs of a commercial project should be balanced against the countervailing need to avoid projects so massive as to overwhelm the scale of surrounding residential development. (3) Compatibility with natural setting. The natural setting should also be respected in the design of new projects. This can be achieved by designing split-level buildings with step-down hillside sites rather than large single pads requiring massive cuts and fills (see Subarticle 8, Hillside Protection, for useful design measures). Also, colors, materials, and styles which harmonize with the natural setting should be used. As an example of the preceding criterion, the construction of large reflective glass buildings on prominent hillsides would be discouraged. (c) Building mass and form. (1) Single-story and multistory elements.A combination of one- story and two-story elements should be created within the / overall form of commercial - buildings in order to provide a variety of scale and reduce the perceived building mass. Any building mass above the second story should be substantially set I � I back and reduced in size. n. (2) Perimeter mass. The ends of -�A , ,, ,,,. • - ' '� large building masses should be stepped down with subelements in order to create a more human Building articulation (i.e., offsets, projections, and recesses) scale for the pedestrian. creates interesting facades and inviting pedestrian spaces. 9-24 LACUNA NIGUEL ZONING CODE SUBARTICLE 4:DESIGN GUIDELINES (3) Articulation. The apparent mass of buildings should be reduced by means of articulation, i.e., the varying of wall planes in depth and/or direction.This also creates visual interest and human- scale outdoor spaces such as patios and terraces. Large blank single-planed walls should be avoided. (4) Use of architectural elements. Elements such as canopies, awnings, porches, arcades, and balconies may be used to add wall articulation and provide a varied transition of building mass from ground level to roof. (5) Parking structures. Although parking structures are sometimes necessary in dense commercial areas they tend to be massive and overwhelming. The following design measures are aimed at softening their impacts: a. The design and materials of parking structures should be consistent with and should complement the buildings they serve. b. On elevations exposed to public view,the concrete sides should be textured and colored or faced with brick or other material consistent with the structure's associated buildings. Exposed uncolored concrete sides should be avoided. c. Substantial buffer landscaping should be included along all sides of the structure exposed to public view similar to the surface parking lot boundary landscaping required by Section 9-1- 92.3. d. Landscaping on the top level should receive interior landscaping equal to at least one-half of the interior landscaping required of surface parking lots as specified in Section 9-1-92.3. e. Linear planters and/or trellises with cascading shrubs or vines should be added along the outside edge of each parking level, especially the upper levels, for visual softening and interest.. f. Upper levels of the structure should be stepped back further than the lower levels. g. One or more parking levels may be placed underground. h. The inclusion of street-level retail or office space is encouraged. (d) Building elevations. (1) Unified treatment. Commercial building design should incorporate a simple, unified architectural treatment or style which provides a framework for storefronts and signage. (2) Rhythm. Multitenant buildings should express a harmonizing rhythm by means of repeated 9-25 LACUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES architectural elements such as doors,windows, signing,and the structural frame of the overall building. (3) Wall tops. The tops of exterior walls should be terminated by a cornice, gable roof projection, or parapet which reinforces the rhythm of the building storefronts. (4) Building entrances. Entrances should be oriented toward walkways but should be designed to minimize conflicts between people going past and people entering or leaving the store.This can be done,for example,by recessing entrances which open onto walkways less than ten feet wide into the facade storefront. (5) Ground floor interest. Commercial and office buildings should be C't"('�� �• -"'=`�=`-" designed so that the ground floor presents an interesting and varied t ' appearance to pedestrians and motorists. This can be achieved by the liberal use of windows,arcades, IA architectural detailing, wall murals,artwork,and similar design features. (6) Balconies and galleries. Balconies should be recessed,cantilevered, windows, arcades, and balconies add interest to commercial buildings. can be supported on columns to form a veranda below. When covered to form a gallery,the balcony contributes an attractive indoor- outdoor element. (7) Verandas,pergolas and arcades. a. These attached ground floor covered walkways are encouraged for commercial and other pedestrian-intensive uses because: 1. They add variety and interest to otherwise monotonous wall planes; 2. They add partially protected exterior space to a building; and 3. They provide pedestrian pathways and transitions to indoor spaces. 9-26 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES b. The veranda roof and the pergoWs open rafters should be supported on a concrete,stone,or plastered masonry colonnade or on heavy wooden posts. In Spanish styles, the walkway's spanning members consist of arches and the structure is referred to as an arcade. For - f such arcades, use of the barrel / arch is appropriate while use of the pointed or parabolic arch is , discouraged i (8) Wall relief. Trellises, frameworks, wood or tile details, artwork, and other features should be designed yes: Blank walls can be made more appealing by such into otherwise blank walls to avoid features as pergolas (trellis-covered walkways). sterility and visual monotony. (e) Roofs. '`y 9 (1) Pitched roofs. Pitched roofs are -� encouraged for commercial buildings in the City. They may be gable, hip, or shed type, but in all cases should either be full-pitched - or should appear so from the street. .� Any flat portions, such as for equipment wells, should be relatively small and hidden. On larger commercial buildings, No: Unrelieved blank walls are barren and unfriendly. pitched roofs should generally be multiplaned to avoid large expanses of monotonous single-planed roofs. (2) Flat roofs. Though not encouraged,flat roofs may be approved for larger commercial buildings such as discount warehouses,or when the decision-making authority determines that a proj ect's overall design is amenable to flat roofs and is otherwise consistent with the goal and objectives set forth in Section 9-1-91.2. When flat roofs are used, there should be a screening parapet topped with a coping,cornice,or,if determined appropriate to the project's style by the decision- making authority, a modified mansard. Such mansards should maintain the same roof pitch as surrounding buildings and should be both high and deep enough to create the illusion of being a true roof. Small steeply pitched mansard eyebrows are generally discouraged. (3) Roof materials. Materials should be fire resistant,such as clay or concrete tile on pitched roofs, 9-27 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES and composition materials on flat roofs. Standing-seam metal roofs may also be used if the decision-making authority determines that such a roof is consistent with the character and style of the building. Potentially combustible roof coverings such as wood shakes or shingles shall not be used. (4) Spanish tile. Two-piece clay or concrete barrel 1 tile should generally be , used. However, one- piece "S" the may be used when the decision- making authority ' determines that such the is compatible with the o overall building style, e.g. "S" the is not compatible with Random stacking (doubling, tripling, quadrupling) of Spanish tiles traditional Spanish styles provides a rich textured appearance. but may be so with more contemporary styles.For both tile types,tile should generally be a mixture of lighter and darker colors, producing the appearance of natural variation. Also, tiles should be stacked, i.e., doubled,triplex,and quadrupled,at the eaves and randomly elsewhere over the roof surface to add texture and richness. With two-piece tiles, mud grouting should be placed between the stacked tiles. (5) Screening of roof equipment. All roof- mounted equipment(e.g. EQUIPMENT WELL air conditioning,heating, ventilation, and OPEN BEAMS associated vents and exhausts) shall be completely screened E{.yU1P• .•' . from a horizontal line of 77-7.77-7 sight. Also, if s the building roof d n oo i visible g s e from surrounding hillside g 11 de areasall roof ui shall be screened from ............................... above as well. Such For pitched roofs, equipment wells integrated into the roof design screening shall be should be used to screen equipment. architecturally consistent with the building and an integral part of the roof design so as not to appear as an architectural 9-28 LACUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES "afterthought''.For flat roofs,an architecturally consistent screen enclosure behind the parapet wall may be used if it is made to appear as an integral part ofthe building.The ground-mounting of mechanical equipment,with appropriate wall or landscape screening,as an alternative to roof mounting is encouraged. (f) Doors and windows. (1) Doors:Entry doors may be of many materials and types but should be consistent with the overall building architecture and should generally be of human scale.They should also be inset into the wall as part of an easily understandable building or store entry statement.Porches,canopies,and porte-cocheres may be added as part of the overall entry where space and building use allow. (2) Windows. Windows may be of various types but should usually be rectangular or roundheaded. They should be recessed into the wall or at least give the appearance of being recessed in order to add articulation to the facade. (3) Awnings and canopies. Awnings,canopies,and porte-cocheres may be used to mark entrances and windows and provide protection from sun and rain.However,care must be taken to ensure that such elements are tasteful accents and not gaudy distractions (e.g. a green-and-orange striped awning on a Victorian style building)and that they are consistent with the architectural character of the building. (g) Materials and colors. (1) Number of materials. The number and variety of materials on commercial buildings should be limited to avoid confusion and dissonance. (2) Roof materials. Refer to Paragraph(e) of this Section. (3) Acceptable wall materials. Stucco, wood, masonry, river rock veneer, or other durable high quality materials may be used. If stucco,a smooth, sand, or light lace finish should be used. If wood, highly protective/preservative paints, stains, or other coatings shall be used to ensure attractive appearance over time.If the wall is masonry,then brick,slumpstone,split-face block, or other decorative block may be used. (4) Unacceptable wall materials. Untextured concrete block should not be used on any exterior wall open to public view. Also, glass with a reflectivity factor of over 30 percent, on the outside surface, shall not be used for commercial buildings. (5) Wall colors. One dominant color should be used for the building walls. Although subdued colors, such as beige,tan, cream, sand,light gray, etc.,usually work best as the dominant wall color,bolder colors may be used if the decision-making authority determines they are consistent with the. character of the project and would not have an adverse impact on surrounding 9-29 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES properties or the streetscape. Also where possible,materials with integral color, such as brick, should be left natural. Metal may be used as wall trim if the decision-making authority determines it is consistent with the style and character of the project. (6) Color accents. Accent colors bolder than those used for walls may be used on doors, window surrounds, awnings, light fixtures, and surfaces such as cornices and soffits. (7) Wall graphics. Painted wall graphics may be used for accent and visual integration provided they do not overwhelm other design features in the opinion of the decision-making authority. (h) Focal elements. (1) Purpose. The use of focal points in a commercial complex is desirable to provide both orientation and organization. These focal points create a visual counterpoint to the massing of nearby buildings. Examples of important focal elements include fountains, courtyards, and towers. (2) Courtyards. Courtyards and patios may be used to add amenity and interest y to individual buildings r and to integrate and =' r, r harmonize adjacent," 4 buildings. Also, r courtyards, as human- scale outdoor rooms, can contribute greatly to f advancing the guideline objective of Section 9-1- 91.2, creating projects ---- which are both inviting , and user-friendly tok ..__. people. These spaces, when combined with inviting design embellishments such as awnings and balconies, encourage movement and act as an interface between semiprivate and ) public spaces. For commercial and related Courtyards become enjoyable people places when enhanced by uses, courtyards can act fountains, outdoor cafes, planters, and other amenities. 9-30 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES as an entry or as a transition point in a larger pedestrian circulation system. They become locations for people-gathering, meeting points, and entertainment, or simply rest stops for shoppers. A higher degree of architectural detail should be provided in courtyards in comparison to other spaces. Also, furnishings (seating, pottery, lighting), paving, and plantings should be emphasized and richly detailed.Seating choices and paving patterns directly impact the way the courtyard space is perceived and its overall success as a human space.Therefore,seating choices (low walls,benches,chairs)should be offered in both shaded and sunny areas and paving should be enriched (e.g. pavers, brick, or stamped concrete, though not so rough or irregular as to discourage the use of baby strollers, wheelchairs, or high heels). (3) Fountains. Fountains provide visual interest and auditory relief and should be considered for all projects with semi-enclosed outdoor spaces such as courtyards. When used, fountains may vary greatly in scale and design and may be freestanding or wall-mounted. They may be constructed of carved stone, cast concrete, or other materials and may be enriched by ceramic tile inserts or other detailing. Low-evaporation, water-conserving designs are encouraged. (4) Towers. Towers serve numerous practical and symbolic functions: a. They create a vivid visual and mental image for a project, providing identity and differentiation from other projects. b. They become the actual or symbolic center and gathering point for a project. c. They maintain a sense of orientation within a grouping of buildings. d. They can serve to terminate a vista or circulation system. e. They can provide vertical circulation when used as a stairway or lookout point. £ They can serve as a gateway or point of arrival for a project. Notwithstanding the preceding list of benefits,towers should not violate the scale of a project by being too tall or massive for the size of the other structures or for the size of the site. In any case, towers shall conform to the provisions of Section 9-1-43 (Nonresidential Development Standards). 9-31 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES Sec. 9-1-92.5. Office and Industrial Architecture. (a) Applicability. (1) General applicability. The office-industrial architectural guidelines of this Section shall apply to the following projects: a. Office and industrial buildings and parks. b. Utility substations. c. Large-scale hotels and hospitals (four stories or above). d. Mixed-used projects which are predominantly office or industrial but which also contain small incidental commercial uses, such as a sandwich shop. (2) Office or industrial buildings proposed for commercial areas.Notwithstanding Paragraph(a)(1) of this Section, in order to promote consistent design quality within the community's retail commercial areas, the City shall have the discretion of applying the commercial architectural guidelines of Section 9-1-92.4 to office or industrial buildings proposed for such commercial areas.Determinations to apply such commercial architectural guidelines shall be in accordance with the provisions of Subsection 9-1-92.1(d), determinations of applicability. (b) Architectural style and harmony. The guidelines in Subsection 9-1-92.4(b),architectural style and harmony for commercial projects, shall apply equally to office projects. (c) Building mass,form, and elevations. (1) Building mass. Massing should be simple and possess strongly integrated geometric forms.The massing should relate to the internal function and nature of the space it is intended to enclose. (2) Solid-void relationships. Office and industrial buildings should have strong contrast between the solid mass of facade and the lighter elements of the glazing and entry. The facade should clearly identify the entry and direct people to it. Also, the creation of strong shadow lines via recesses and projections is highly encouraged. (3) Articulation. The degree and scale of articulation between office and administrative functions and storage and industrial spaces should not vary within a single building. Also, one-sided architecture,where only the dominant street frontage possesses articulation,should be avoided or should be mitigated by the use of such structures as pergolas and trellises. (4) Loiver f oors. The first two or three floors of taller buildings are experienced by pedestrians and motorists at close range. Therefore, design of these lower floors shall reflect the fact that they 9-32 LACUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES belong to the streetscape and not the skyline. Design solutions should emphasize color, texture, and other treatments which provide visual interest. Specific elements which may generate this interest include colonnades, awnings, windows, and enriched design details such as tiling. Unrelieved curtain walls used for upper stories should not extend down to these lower floors. (5) Concrete walls. The surfaces of tilt-up and other concrete walls should be embellished by means of texturing, the use of exposed aggregate, fenestration (wall openings such as doors and windows),variations in wall color, wall graphics,insets and overhangs The lower floors of multistory buildings should contain design details, such as windows and canopies, to enrich to create shadow lines,and similar the streetscape view. design features to add interest and relief. (6) Parking structures. Parking structures are sometimes necessary in denser areas where land is at a premium. However, they tend to be massive and overwhelming. Therefore, the design measures aimed at softening their impacts on commercial areas described in Section 9-1-92.4 shall also apply to office and industrial parking structures. (d) Entries and other elements. (1) Entries. The main public entrance should be readily visible from the parking area or pedestrian connection.Emphasis on the entry can be achieved by concentrating a secondary material at the entry with a major projection or recess. Architectural elements such as a porte-cochere, framework, or skylight may be used to emphasis the entry/lobby areas. (2) Drainage and utility structures. Exterior wall drainage, utilities, cabinets, and other systems shall be integrated into the building design. (3) Exterior building lighting. Exterior building lighting should consciously reinforce the architectural design by emphasizing entry and design features in addition to providing illumination for security purposes. 9-33 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (e) Roofs. (1) Roof types. Roofs of smaller buildings may be flat or pitched while those of larger buildings will generally be flat, with the minimum slope necessary for adequate drainage. Flat roofs shall be surrounded by a parapet which is a continuation of the facade material.The screening elements behind the parapet should be constructed of the same material as the facade. (2) Roof materials. Materials should be fire resistant, such as clay or concrete tile or composition shingles on pitched roofs,and composition materials on flat roofs. Standing-seam metal roofs may also be used if the decision-making authority determines that such a roof is consistent with the character and style of the building. Potentially combustible roof coverings such as wood shakes or shingles shall not be used. Spanish tile should conform to the standards of Subsection 9-1-92.4(e) (Commercial Building Roof Design and Materials). (3) Screening of roof equipment. All roof equipment shall be completely screened from both horizontal and vertical view. If the building roof is visible from surrounding hillside areas, special care shall be taken to screen roof equipment from above. Such screening shall be an integral part of the roof design and not appear as an afterthought. For flat roofs, a screen enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. The ground-mounting of mechanical equipment,with appropriate wall or landscape screening, as an alternative to roof-mounting is encouraged. (f) Materials and colors. (1) Wall materials. Allowable wall materials may be divided into two categories: dominant materials which will usually comprise over 70 percent of total wall surface, and secondary materials which cover the remainder and serve as accents or to emphasize entry focal points. a. Dominant materials: 1. Stucco. 2. Brick. 3. Split-faced or other decorative block. 4. Glass. 5. Wood. 6. Textured concrete. b. Secondary materials: 1. Any dominant materials from Paragraph (f)(1)a. of this Section. 2. Metal. 3. Tile. 4. Plaster. 9-34 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES 5. Glass block. 6. Stone. (2) Roof materials. Refer to Paragraph(e)of this Section. (3) Glass. Glass should not be used over more than 70 percent of the wall surface per elevation and should have a reflective factor of 30 percent or less, on the outside surface. (4) Concrete. Concrete tilt-up construction should not be used for office or mixed-use projects. When used for exclusively industrial or warehouse buildings, the exterior surfaces of tilt-up walls should be textured and colored per Paragraph(c)of this Section. (5) Colors. Colors of dominant materials should generally be subdued or earthtone shades (e.g. grays,off-white,tans,beige,and similar)and relatively light.Secondary material colors should complement and be a tasteful accent to the dominant material color. Color palettes should be kept simple, with one dominant color per building and accent colors on doors, window surrounds,address numbers,light fixtures,and architectural details such as cornices and soffits. Bolder and/or more varied colors may be used if the decision-making authority determines they are consistent with the character of the project and would not have an adverse impact on surrounding properties or the streetscape. (6) Wall graphics. Painted wall graphics, other than signs, may be used for accent and visual integration provided they do not overwhelm other design features in the opinion of the decision- making authority. Wall signs shall be regulated by Subarticle 7 of this Code. (g) Focal elements. Focal elements, such as courtyards,fountains, and towers,are encouraged for office and industrial projects under the same standards and limitations described for commercial projects in Subsection 9-1-92.4(h). See. 9-1-92.6. Cultural Depictions. (a) Purpose. The purpose of the cultural depiction program is to provide for the incorporation of representations of the City's physical and cultural heritage into the everyday life of the community by encouraging such representations within larger-scale commercial, office, institutional, and mixed-use proj ects. (b) Description. As used in this Subarticle,the term"cultural depiction"refers to a representation of physical, archaeological, paleontological, or historic artifacts, features, or events which are characteristic of the City. Examples of such depictions might include artwork, such as sculptures, mosaics, or murals; displays containing artifacts found on or near the development site; plaques, commemorating historical events or pointing out exceptional vistas or physical features of the location; or similar representations. 9-35 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (c) Applicability. Cultural depictions are encouraged for the following development projects ifover one acre in size: (1) Commercial projects. (2) Office projects. (3) Institutional projects such as civic centers, hospitals, and private schools. (4) Mixed-use projects which are predominantly commercial,office,and/or institutional but which may also contain industrial, or other uses. (d) Exemptions. Notwithstanding Paragraphs (a) through (c) of this Section, the Planning Commission may exempt an otherwise eligible project from the cultural depiction program if it determines that any of the following apply: (1) Because of the unusual character of the project, its location, or other factors, the project will attract,unusually,traffic in terms of both employees and patrons; or (2) There is no reasonably prominent onsite location in which to place the depiction and there is no appropriate alternative offsite location; or (3) No useful purpose would be served by imposing the cultural depiction requirement in terms of advancing the goal and objectives set forth in Section 9-1-91.2. (e) Appropriateness and cost. Proposed depictions shall be reviewed,not on the basis of cost,but on cultural or physical authenticity, and appropriateness to the character of the City. However, as a reference for project developers, the cost of a project's cultural depictions should approximate one percent of the project's building permit valuation. (f) Location. The depiction shall be placed in a prominent location within the project and should be oriented primarily to pedestrian, as opposed to motorist, viewing. Generally, the depiction should be at an outdoor location but may be placed indoors in unusual circumstances if the decision-making authority determines that the indoor location is superior in terms of pedestrian traffic and/or preservation of the depiction. Also, if the decision-making authority determines that there is no appropriate location within the project, it may approve an offsite location,such as on public property or on separate private property,upon mutual concurrence of the developer and the other property owner. (g) Review procedures. Preliminary plans and site locations for cultural depictions shall be reviewed in conjunction with the site development or use permit for the overall project pursuant to Section 9-1- 94.3. 9-36 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9.DESIGN GUIDELINES Sec. 9-1-93. Guidelines for Attached Residential Projects. All references to this Section include Sections 9-1-93.1 through 9-1-93.4. Sec. 9-1-93.1. Applicability of Residential Guidelines. (a) Attached residential projects. (1) General Rule. The design guidelines contained in Sections 9-1-93.2 through 9-1-93.4 shall apply to all attached residential projects, but shall not apply to single-family detached homes or to single-family remodels. (2) Minor exterior alterations. a. Definition. Minor exterior alterations generally include changes to architectural features, exterior lighting,mechanical equipment screening,site landscaping,including tree removal, or repainting the exterior of a structure with different colors.A minor exterior alteration does not include repainting of a building with the existing colors or replacing existing landscaping with the same or similar plants. b. Changed plan required. Except for townhomes,duplexes,or patio homes,no minor exterior alteration, as defined in this Subsection, shall be made to an existing multifamily building or project, until it is administratively reviewed and approved by a changed plan processed in accordance with Section 9-1-113.7.The Director may refer such a proposed changed plan to the Planning Commission for review and approval if the Director determines that the proposed minor exterior alteration is significant and that the public interest would be better served by Planning Commission review of the proposed changed plan.Review of a proposed minor exterior alteration shall be limited to the proposed alteration and shall not be a basis for or allow review of the entire building or project for compliance with the provisions of these Guidelines. (b) Determinations of applicability. In cases of uncertainty over the applicability of any of the guidelines within this Section and Sections 9-1-93.2 through 9-1-93.4 to a proposed project,the Community Development Director shall decide based on the Director's assessment of the overall character of the project and its proposed land use or mix of uses. However, in cases where the Director concludes that, because of the large scale and/or prominent location of a project,the determination will materially affect achievement of the goal and objectives stated in Section 9- 1-91.2,the determination of applicability shall be referred to the Planning Commission. (c) Effect of other regulations. These Design Guidelines contained in this Subarticle are intended to augment the circulation, access,parking site planning, landscaping,architectural, and other design standards of this Zoning Code, applicable planned community and specific plan texts, and the Orange County Transportation Planning Division's "Development Plan Review Guidelines, Criteria, and 9-37 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9.DESIGN GUIDELINES Standards"adopted by the City.In case of conflict between any of the preceding other regulations and this Subarticle,the decision-making authority shall apply that which it determines to be more rigorous. Sec. 9-1-93.2. Residential Site Planning. (a) Access and circulation. (1) Alternate access routes.More than one access should be provided to residential projects in order to ensure safe emergency access into and out of a neighborhood and to provide alternate routes for drivers and pedestrians. (2) Connections to existing streets. Street systems for new neighborhoods should connect to existing abutting streets and to nearby parks,community centers,and shopping areas.However, these connections shall be configured so that nonlocal traffic through neighborhoods is discouraged. (3) Circulation system to be user-friendly. Attached residential developments should have a comprehensible circulation system that can be readily understood by residents and visitors alike. Safe and convenient automobile,pedestrian,and bicycle circulation should be provided both to and within all such developments. (4) Project identification. Identification signs should be provided for all attached residential projects. Such signs shall conform to the limitations on size,height, and placement set forth in Subarticle 7 of this Code.The project name shall be approved by the decision-making authority in order to ensure appropriateness, aid in identification for emergency services, and avoid duplication with other projects in the City. (5) Project entry location. Project entries shall be located as far as possible from intersections in order to minimize congestion and conflicts. Full curb return street-inter-section-type entries should be used for multiple-family projects instead of dustpan-type driveways. (6) Project entry design. Major entries shall be designed as special statements reflective of the character of the project in order to establish identity for residents and visitors.Entry landscape treatment shall be in accordance with the landscape guidelines of Section 9-1-93.3. (7) Gate-guarded entries. Gate-guarded entries shall be regulated in accordance with City regulations governing gate-guarded neighborhoods as set forth in Section 9-1-35 of this Code. (8) Bus stops. Where transit or school bus stops are located on a project's arterial frontage,provision should be made for buses to stop out of the flow of traffic.Therefore,bus stop turnouts should be incorporated into the design of site and street improvement plans. Standards of the Orange County Transportation Authority and the Capistrano Unified School District should be taken into consideration in the design of such turnouts. In addition, a waiting bench should be 9-38 I LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES provided and overhead shelters are encouraged. However, bus stop advertising structures are discouraged.The preceding bus stop amenities should be included as part of the project's design details. (b) Streets, driveways, and setbacks. (1) Use of curvilinear streets. Streets should be gently curving in order to conform to the topography and provide visual relief. Long straight streets should be avoided. (2) Setbacks and streetscape variation. Front yard setbacks should be varied substantially and/or individual ` buildings should be turned and oriented in a variety of ways "� "Y •.n. , so as to create visual interest, variety, and individuality Front setbacks and driveway lengths should be varied along residential along the street. streets to provide interest and avoid monotony. However , m i n i m u m required setbacks should not be reduced to achieve this variation. (3) Driveway length. Intermediate driveway lengths of between five and 20 feet should be avoided because cars will nevertheless be parked in such driveways,resulting in cars extending over the sidewalk and into the street. (4) Driveway width. For three-car and four-car garages, whenever the decision-making authority determines that there is sufficient garage setback,driveway width should narrow from full-width at the garage down to a substantially smaller width at the curb. This will reduce the amount of front yard paving and the width of curb cuts. (c) Parking and outdoor lighting. (1) On-street parking. On-street parallel parking may be permitted on local residential streets if streets are wide enough per the City's Subdivision Code and applicable street design standards. 9-39 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (2) Off street parking layout. Long lines of garage doors,carports,or uncovered parking unrelieved by planting or other design elements are discouraged.Also,the use of parking drives around the entire perimeter of attached projects is discouraged because they tend to: a. Isolate project residents from surrounding neighborhoods; and b. Create an unattractive fortress appearance from outside the project. Architectural guidelines for residential garages and carports are contained in Section 9-1-93.4. (3) Offstreet parking bays. If onstreet parking is not permitted, offstreet visitor parking bays ' should be provided in .. ?, accordance with the . ' ratios set forth in Section -- a 9-1-63 (Residential Parking Requirements). ~~ These bays should be Parking bays should be separated from streets via landscape buffered from the street buffers. and/or adjacent driveways by substantial landscape planting. (4) Offstreet parking lots. Small single-aisle parking courts for 20 cars or less are encouraged for attached projects requiring off-street parking lots.For other design aspects of residential parking lots not addressed above,the guidelines for nonresidential parking contained in Section 9-1-92.2 shall apply. (5) Recreation vehicle storage. In order to avoid the parking conflicts and unsightliness associated with the ownership of recreation vehicles in medium and high density areas, offstreet recreational vehicle storage facilities should be provided for developments over five units per gross acre. This recreation vehicle storage lot should provide spaces of varying sizes at a ratio of one space per every seven homes. Affordable housing projects are exempt from this requirement.Recreation storage lots shall be screened via landscape planting and walls or fences in accordance with Section 9-1-93.3. (6) Street lights. On local residential streets,the use of ornamental street lights,smaller in scale than standard street lights,should be considered. The decision-making authority may approve such lights if it determines that they are consistent with safety and security requirements. (7) Other outdoor lighting. Parking lot and other outdoor lighting shall conform to the guidelines for nonresidential projects contained in Section 9-2-92.2. 9-40 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (d) Pedestrian circulation. (1) Pedestrian access. Project designs often wall off residents from otherwise convenient uses that are within comfortable walking distance by project fencing or landscape planting. For this reason,desirable routes for pedestrians should be anticipated and incorporated into the original project design. Consideration should be given to direct and convenient routes for pedestrians that may be needed apart from the local street system. Where feasible, landscaped pathways, stairways,and sidewalks should connect to important locations within a neighborhood,such as parks or community pools.They should also connect to other desired destinations just outside the neighborhood such as the supermarket, post office, or elementary school. (2) Sidewalk requirements. Sidewalks should normally be constructed on both sides of residential streets and integrated into the street landscape design. The decision-making authority may approve the elimination of sidewalks from one or both sides where it determines that alternate pedestrian pathways have been provided or that sidewalks would serve no useful purpose. (3) Sidewalkplacement. On local streets, sidewalks may be placed adjacent to the curb.However, on arterials sidewalks should be set back away from the curb by a landscaped parkway to create a more comfortable buffer between pedestrians and automobiles (see also Section 9-1-92.3, Frontage Landscaping). (4) Pedestrian friendly )3 walkways. Walkway '' ` c ��5`ev X, layout should anticipate ,� � „°� 'ti' `� r✓' �; pedestrians' desired J � ��?kr �' ,' �`� �*� i-cth` movements and should �; MKS• m �� i �� -Alt provide direct routes for them. For example, � •' ,,� .w� �� walkways should allow pedestrians to cut the " t corner to change direction without _ wearing an ad hoc pathway over adjacent ,y grass or groundcover. - �- Also, meandering sidewalks or walkways ` should contain only . shallow curves to avoid frustrating pedestrians Sidewalks should be separated from arterial highways by means of with unnecessary a landscaped parkway. Also, meandering sidewalks should have detours. flowing, gentle curves. 9-41 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9.DESIGN GUIDELINES (5) Walkway treatment. Walkways should be easily identified and well-lighted by means of pedestrian-scale fixtures, such as vandal-resistant bollard lights. Also, where textured paving is used, it should not be so rough or irregular as to make walking difficult, especially in high heels, or discourage the use of baby strollers or wheelchairs. (e) Bikeways and equestrian trails. Bikeways and equestrian/hiking trails should be provided in conjunction with each residential project in accordance with the this Code,the Subdivision Code, or other applicable plans or ordinances. Where an off-road bikeway is adjacent to a street,it should be a dual-purpose bikeway/sidewalk unless the decision-making authority determines that bicycle and pedestrian traffic densities warrant the construction of separate bikeways and sidewalks. Also, on arterial street frontages,bikeways and equestrian/hiking trails should be placed within the landscaped parkway rather than adjacent to the curb so that there is a landscaped buffer on both sides of the bikeway or trail. (f) Parks and open space. (1) Public parks. Land dedication or in-lieu fees for public parks shall be provided as a condition of residential development approval in accordance with the provisions of the City's Local Park Code. (2) Common open space and recreation facilities. Common open space and recreational facilities serve the social and recreational needs of the local residents and help make each neighborhood unique. Therefore, in addition to public parkland contributions, attached residential projects should provide usable common open space. (3) Design and location of common facilities. The City places a high value on the provision of usable open space and recreation facilities, both public and private. Such usable open space should be carefully landscaped and flat enough to accommodate both passive and active recreation.Active recreation facilities included within common areas may consist of swimming pools, spas, cabanas, tennis or other game courts, tot lots, free play areas, game rooms, and similar facilities. Common open space and recreation facilities should be: a. Located in special places in order to create neighborhood focal points; b. Accessible from all residences via the project's own pedestrian circulation system; c. Situated to take advantage of solar orientation; and d. Screened from prevailing winds and noise from adjacent streets and land uses. (4) Views of open areas. Attached residential projects should be planned to maximize the feeling of common open space areas within the development. Design methods to achieve this include curving streets and the alignment of a sharply curving or right-angled street toward open areas 9-42 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES and views. (5) Individual dwelling unit open space.Attached residential projects should provide usable private open space exclusive to each dwelling unit. This space may consist of a yard, patio, deck, or, in the case ofmultistory projects,a balcony.Private open space must be directly accessible from the individual dwelling and should be at least partially screened from other nearby units. (g) Grading. (1) Hillside projection ordinance. Residential projects subject to the provisions of Subarticle 8, (Hillside Protection), shall conform to the grading, landscaping, and other standards of that Section. (2) Retaining walls. Whether a residential project is subject to the provisions of Subarticle 8, (Hillside Protection) or not, the visual impacts of retaining walls should be mitigated. Therefore,retaining walls and crib walls should not exceed six feet in height and should include irrigated planting consisting of vines and/or other landscape screening. Where the Planning Commission finds that greater retaining is needed, it may approve a tier of up to three such walls, up to six feet high each,placed one above the other,provided a minimum of six feet of horizontal irrigated landscaped terrace is placed between each pair of walls. (3) Terraces and downdrains. The visual impacts of drainage terraces and downdrains should be lessened by the use of river rock, colored gunite, colored concrete, or other treatments which produce a softened natural appearance.Terrace benches should be of sufficient width to provide for visual screening of terrace drains by means of berming or similar design measures. Un-less determined necessary by the F decision-making authority, ._ downdrains should not be placed ,o�°tr`'' at visually prominent locations such as at street intersections. However, if such a prominent ` it ties i downdrain location is determined necessary, the downdrain should be placed in an underground pipe. (4) Slope blending. The tops �- and toes of manufactured slopes should be '' � 10 contoured and landscaped ' to blend into adjacent 140 terrain. A smooth gentle Slope blending and undulation. 9-43 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES transition should be made where the planes of manufactured and natural slopes intersect. (5) Slope undulation. Manufactured slopes over six feet in height should be designed to reflect the appearance of the surrounding natural hillsides and to avoid long flat-planed surfaces. This should be achieved by means of slope undulation, i.e., by curving both the tops and toes of slopes and varying the slope gradient from the 2:1 maximum steepness on some portions to flatter ratios such as 5:1 on others. (h) Preservation of views. Because of its beautiful setting and hilly topography, the City enjoys unsurpassed view opportunities. Therefore, project site planning should carefully consider access to views by project residents and visitors.Projects should be oriented and site planned so that panoramic and midrange views are preserved and promoted,both from within a project and from adjacent streets and neighborhoods. Further, projects should be conceived and designed to preserve, to the greatest extent feasible,existing vistas and panoramas of open space,maj or landforms,the ocean,and manmade landmarks. (I) Trash areas and enclosures. (1) Placement. For attached residential projects utilizing common trash areas, trash enclosure placement shall conform to the Zoning Code . In addition,trash enclosures shall be: a. Located near to the residences they serve; b. Directly accessible to trash trucks via alleys or driveways so as to avoid the necessity of substantial hand carrying of trash containers or hand-pushing of dumpsters; and c. Located substantially away from public viewscape, pedestrian, and circulation areas unless determined infeasible by the decision-making authority. (2) Enclosure design. Enclosures shall be constructed on a concrete pad and shall conform to Section 9-1-45.19 and applicable disposal company standards.Enclosure walls shall be at least six feet high and shall be made of strong, durable materials consistent with the colors and finishes of nearby buildings. Doors shall be self-latching,metal or metal-trained,and of heavy duty construction sufficient to withstand hard usage. Interior concrete or metal curbs shall be included to prevent damage to the enclosure walls. Decorative overhead structures such as trellises should be integrated into the design,especially where the trash enclosure is visible from above.Where exposed to public view,trash enclosures should also be screened by vines,shrubs and/or trees. Trash enclosures shall be large enough to provide space for at least two 90-gallon recycling toters per each dumpster bin. Sec. 9-1-93.3. Residential Landscaping. (a) Overall landscape architectural design. 9-44 'r LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (1) Purpose. Landscape architecture is as important as building architecture in creating attractive and comfortable neighborhoods.Landscape treatments can be used to create outdoor rooms and special places, ranging from parks and common recreation areas to beautifully designed residential yards.Landscaping features are also useful for screening parking,softening walls and fencing, and beautifying the street. (2) Objectives. Landscaped plans shall utilize the various elements of landscape architecture(e.g. planting,walkways,water features,lighting,outdoor furniture,etc.)to accomplish the following objectives: a. To visually emphasize prominent design elements and vistas, while screening undesirable views. b. To provide a harmonious transition between adjacent land uses and between development and open space. c. To be varied enough to provide interest and emphasis,but not so obtrusive as to distract the viewer. d. To provide an overall unifying influence, enhancing the visual continuity of the project. (b) General requirements. (1) Deep root barriers. Trees planted within 15 feet of walls or pavement shall be installed with deep root barriers to help prevent foundation or pavement damage. (2) Tree grates. Tree grates should be installed around trunks where trees are planted within sidewalks or other paved pedestrian areas. (c) Use of nonresidential landscaping guidelines. Project frontage, entry, boundary/interior, and pedestrian area landscaping, and coordination of landscaping and utilities, shall follow the nonresidential landscaping guidelines contained in Section 9-1-92.3. (d) Tree preservation. Attached residential projects shall be designed to preserve existing trees to the greatest extent possible. Landscape, grading, and site plans should incorporate these trees into the overall project design, including measures to protect the existing trees during and after construction. Such measures shall be clearly indicated in both preliminary and final construction drawings. In conjunction with such efforts,the applicant may be required to engage a properly credentialed arborist to submit evaluations and recommendations for saving,transplanting,or removing existing trees.If the decision-making authority determines that significant existing trees cannot be saved,it may require their replacement with new specimen-size trees having a cumulative trunk diameter of up to two times the cumulative trunk diameter of the trees to be removed. Trunk diameters shall be measured three feet above the base. 9-45 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (e) Street trees. (1) Purpose. By providing shade and greenery, street trees are the single most effective way to beautify a street and create a pleasant environment for both pedestrians and motorists. When mature, street trees provide rhythm and identity for a street and act as a soft counterpoint to the hard surfaces of sidewalk and roadway.For these reasons,street trees should be provided on all streets within and adjacent to attached projects. (2) Plantingplans. Size and species selection shall follow the nonresidential landscaping guidelines of Section 9-1-92.3. Also, in accordance with the requirements of Section 9-1-92.3, the installation of street trees shall be carefully coordinated with the placement of under-ground and aboveground utilities so that both are accommodated. (f) Plant selection and sizes. (1) Criteria for selection of plant materials. Plant materials shall be chosen on the basis of both functional and visual characteristics. On manufactured slopes, consideration shall be given to reducing landscape maintenance and water consumption,adaptability to adverse soil conditions present in many parts of the City,low fire-fuel content in transition areas between development and open space, and enhancement of slope stability and erosion control. Where soil and other environmental conditions permit, species native to coastal southern California may be incorporated into the landscape plan. (2) Species, sizes, and densities. Plant sizes and densities and suggested tree species shall be in accordance with the Nonresidential Landscaping guidelines, Section 9-1-92.3. (g) Landscaping of hillside development. (1) Hillside protection ordinance. Attached residential projects subject to the provisions of Subarticle 8 (Hillside Protection) shall conform to that Subarticle's grading, landscaping, and other standards. (2) Hillside landscape design. For hillside development, whether subject to the provisions of Subarticle 8 or not, special attention should be given to the planting of trees and shrubs at the base of walls on the downhill side in order to lessen the apparent wall height and soften the overall visual impact of hillside construction. In addition, canopy-type trees should be added between buildings to smooth out the harsh edges of rooflines as viewed from below or across the valley. Careful landscape designs can achieve these objectives while, at the same time, framing and preserving views from the hillside residences. (h) Walls and fences. (1) Height and placement. Limitations on height and placement of walls and fences shall be per the 9-46 LACUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES provisions of Section 9-1-35.2 or applicable planned community text or specific plan. (2) Preferred substitutes for walls and fences. Walls and fences are often necessary for security, privacy, and property demarcation. However, such barriers can also obstruct vistas and create claustrophobic neighborhoods and streetscapes. When used along project perimeters,they can create isolated residential enclaves, cut off from adjoining neighborhoods. Therefore, consideration of alternative design features are encouraged.These might include wide landscape buffers perhaps coupled with open view fencing. Where a denser screen is essential, living fences such as hedges or tree lines should be considered. (3) Perimeter walls. Where perimeter walls cannot be avoided,they should be of masonry,stucco, or other solid material. Wood or chain link fences should not be used. However, where the decision-making authority determines that an opaque screen is not required, walls may incorporate tubular steel, wrought iron, or other open design. Shrubs and/or vines should be planted on one or both sides of perimeter walls to add visual softening,except where determined infeasible or unnecessary by the decision-making authority.Plant spacing should be appropriate to the growth habits of the selected plant species but should be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface.There should also be an intervening landscape buffer between perimeter walls and sidewalks. Gates or other openings in the wall or landscaping should be provided at appropriate points to allow pedestrian access to nearby stores and community facilities. (4) Front yard fences. High fences and walls in front yards are discouraged because they tend to create a stockade-like appearance along the street. If front yard fences are used,they should be of low height(maximum 3.5 feet per the Zoning Code)and open design,such as wrought iron, tubular steel, or wood lattice. Chain link is discouraged. In general, front yard fences should contribute to a sense of entry to the home and should match its scale and size. In all cases,front yard fence height and placement shall conform to the provisions of Section 9-1-35.2. (5) Side and rear yard fences. For new residential projects, side and rear yard fencing should be installed by the developer in accordance with a comprehensive wall/fence plan approved by the City. (6) Parking and recreational vehicle lot screening. Common parking or recreation vehicle storage lots in attached projects should be screened by means of walls or fences augmented by landscape planting. Such walls and fences shall conform to the provisions of Section 9-1-35.2 and shall effectively screen parked cars (see also Section 9-1-92.3 regarding boundary and interior parking lot landscaping). Interior landscaping may be required for recreational vehicle storage lots if the decision-making authority determines that the lot will be highly visible from development above. Screening walls or fences should generally be solid but may include open portions(tubular steel,wrought iron,etc.)if the decision-making authority determines that the desired screening is still achieved. 9-47 .r LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (7) Materials and colors. Walls and fences for individual dwellings which are visible from the street or from a common area should be treated as an integral part of the residential building's architecture. Materials, colors, finishes, and detailing should draw from the buildings they surround or adjoin.In general,walls and fences within residential projects should utilize durable masonry,stucco,or wood materials,with finishes and colors consistent with the overall project architecture.Chain link,wire mesh,barbed wire,or similar materials should not be used because oftheir unattractive appearance unless the decision-making authority determines that the subject fence will not be visible to the public or is otherwise consistent with the goal and objectives set forth in Section 9-1-91.2. In such cases, vinyl-clad chain link is encouraged. (8) Wall and fence articulation. Long straight stretches of wall or fence should be avoided because of their monotonous appearance and lack of visual interest. Walls should be varied by the use f f 1d s t l 7� .7J 1 Offsets and landscape planting, such as vines and shrubs, serve to break up long freestanding walls. of such design features as offsets (i.e. jogs), open panels (e.g. containing wrought iron) at selected locations, periodic variations in materials, texture, or colors, and similar measures. Landscape planting, as described in Paragraph (h)(3) of this Section, may be used to augment 9-48 I LAGUNA NIGUEL ZONING CODE SUBARTICLE 9.DESIGN GUIDELINES this wall articulation. Sec. 9-1-93.4. Residential Architecture. (a) Architectural style and harmony. (1) Architectural style. Although the City contains many residential styles, the predominant ones are ranch,modern,and Mediterranean.While these architectural guidelines seek to incorporate the strongest elements of those styles, such as the blending of indoor and outdoor spaces,they do not insist on rigid adherence to them or to any other particular style. To do so could create a community which soon would become visually dated or one with a repetitious and monotonous appearance. Rather, our objective is to promote both visual diversity and compatibility in new attached residential development. This will be achieved through architectural innovation and the use of the design principles contained in this Section. (2) Compatibility with existing development. As in the case of commercial development,proposed attached residential projects will be judged on how they respect their natural and manmade settings. That is,attached projects should be architecturally distinctive yet in harmony with the surrounding natural and manmade environments as stated in Section 9-1-92.Thus,though new projects need not imitate the design of surrounding buildings, they nevertheless should be visually compatible with that development.This compatibility can be achieved by incorporating some of the design features of existing development such as materials; colors; architectural details, such as door and window design; roof design, etc. (3) Compatibility with natural setting. The natural setting should also be respected in the design of new projects. This can be achieved by designing split-level homes which step down hillside sites rather than large single pads requiring massive cuts and fills. See Subarticle 8 (Hillside Protection)for useful design measures.Also,colors,materials,and styles which harmonize with the natural setting should be used. (b) Building mass and form. (1) Building mass and corner lots. Exterior mass and form can be arranged to improve the visual impact of attached residential buildings on corner lots.Thus,buildings on street corners should be either single-story or should have a significant single-story element on the exterior (street) side of the building. (2) Adjacent one-and two-story buildings. Variety and interest can be achieved within an attached residential project by varying building heights.This can be done by utilizing both one-and two- story buildings. To provide a harmonious visual relationship between adjacent one- and two- story buildings,however, it is desirable to introduce an intermediate transition between them. This transition can be accomplished by: 9-49 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES a. The introduction of a composite one- and two-story unit between the two buildings; or b. The use of a single-story element as part of the two-story building on the side next to the one- story building. (3) Mixed-height elements in attached residential buildings. By including single-story units or elements in a two-story attached building, the apparent building size can be reduced. When the single-story portion is an end unit,the visual impact of the building is reduced both at the nearby pedestrian distance and from further away. Single-story elements within a two-story building help to reduce Alternately, reducing the apparent building mass. height of an interior unit helps to visually break the buildings mass into smaller elements. (c) Building elevations. (1) Articulation. Articulation, the creation of jogs and insets in building walls, adds interest, richness, and intricacy to all buildings. In addition,these changes in plane and height and the use of such design features as porches,bay windows,dormers,and chimneys serve to break up blank walls and avoid the "row-of-boxes" appearance of many attached residential projects. Therefore,highly articulated residential buildings are strongly encouraged. (2) Side and rear elevations. Because of high land costs and other factors, permissible building envelopes are often totally filled up in order to achieve the maximum yield. This practice often results in monotonous flat-planed side and rear elevations. This problem may be avoided by stepping down two-story attached residential buildings to one-story units on the ends and/or providing wall articulation on the sides and rear of buildings comparable to that on the front. This is especially important on hillside, corner, and through lots where the side and rear elevations are directly visible from a street or from residences above or below. (3) Light and shadow. The effect of sunlight on a building and the resulting play of light and shadow over its surfaces determine how a building is experienced by the viewer. Because of this, significant recesses are encouraged for attached buildings.These can be created by means of substantial door and window reveals,eave overhangs,and wall offsets. The resulting strong 9-50 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES shadow lines will give the building a feeling of both depth and substance. (4) Creation of shade. In consideration of the City's warm,dry climate,homes should be designed to provide ample shade for outdoor spaces,entries,and windows. This can be achieved by the use of trellises, verandas, awnings, wide eave overhangs, and the combination of careful site planning and building insets,i.e.,the two working together so that the building walls themselves provide afternoon shade for outdoor living areas. (5) Entries. Entries, whether on the side or front, should be 1 - designated as a focal point of the elevation and should be immediately identifiable to the �•�. viewer. Entries should be f f f inviting in appearance and covered or inset to provide 1 ; ,_` jl�/ rR 4 �� ', weather protection. Entries should also be given varying design treatments to establish individuality and identity for each residential unit. (6) Wall materials. Wood, stucco, Insets add focus to the front entry while overhead stone, or brick are encouraged, structures give depth by varying light and shadow on wag while metal siding is surfaces. discouraged. For wood, smooth, resawn, or rough sawn finishes may be used. For stucco, smooth, light sand, and light lace finishes may be used. Brick and stone finishes should be left natural. (7) Wall colors. For wood or stucco,bright colors such as orange or bright white,or intense primary colors such as scarlet red should not be used.In general,pastels,such as off-white or light gray, or light earthtone colors, such as tan or beige, are encouraged for wood or stucco. Brick and stone should be left in its natural color. (d) Roofs. (1) Form. Roofs are highly visible in any residential project, especially in the City because of its hilly topography and the prevalence of views from uphill areas. Viewed from the street, roofs are as powerful as front elevations in determining the visual quality of the streetscape. A harmonious diversity of roof forms can add variety and interest to a residential street,while roof 9-51 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9.DESIGN GUIDELINES uniformity can create monotony and lack of street identity. Therefore, roof ..w. forms should be varied along each street. One method of doing this is to create different hip and ^` gable-end roof treatments for the same floor plan in production attached residential projects. Visual *� interest can be further f`�^ achieved by varying the rooftop ridges so that some are perpendicular and some are parallel to the street. A careful mixture of roof types can add variety to residential buildings and reduce apparent building mass. Tile or other (2) Type. Pitched roofs, either noncombustible materials are required. gable, shed, or hip are encouraged. Shallow pitches should be used where it is necessary to de-emphasize the apparent building mass. Mansard roofs may be used if consistent with the building style and part of an overall project theme. Flat roofs are discouraged because they tend to produce a bland, uninteresting streetscape and do not contribute to an overall sense of quality. However, when flat roofs are used,they should not cover more than 50 percent of the building's footprint. (3) Materials. a. Clay or concrete tile or similarly appearing fire-resistant tile is encouraged. b. Composition shingles may be used only on roofs that the decision-making authority determines have little or no visibility from off-site. c. Composition sheet materials should be limited to flat roofs only. d. Wood shakes or other wood materials shall not be used. (4) Colors. A variety of roof colors may be used within an attached residential project to enhance diversity of roof appearance.Colors should generally be neutral,dark,or earthtone shades(e.g., tans, browns, terra cotta, light gray, charcoal gray) and should complement wall and fascia colors.However,intense colors which might,in the judgment of the decision-making authority, overwhelm the facade or the streetscape should not be used. Examples of such colors include bright white, orange, ceramic blue, etc. Vents and other roof equipment should be painted the same color as the roof itself. 9-52 Xq LACUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES + (5) Solar collectors. Though desirable from the point of view of energy conservation, solar collectors can be very unattractive. Whenever possible, they should be ground-mounted or placed on side-or rear-facing roofs away from street view. If,because of sun orientation, it is necessary for a solar collector to be roof-mounted and visible from the street, it should be visually integrated with the roof by design features such as a frame around the collector of the same color and, if possible,the same material as the roof itself. (6) Antennas. Television,dish,amateur radio,and other antennas shall comply with the provisions of Section 9-1-35.6. (e) Doors, windows, and trim. (1) Doors and windows. Deeply recessed doors and windows are encouraged to provide shadow lines and wall relief. All door and window surrounds must be wide enough to match the scale and architectural style of the building. (2) Trim materials and colors. Both wood and stucco trim is encouraged for doors and windows. All wood fascia boards, window and door surrounds, and other trim material should be 2x or greater. Smooth, resawn, or rough sawn finishes may be used. Unfinished silver aluminum window frames without trim should not be used on elevations visible from the street. Trim colors should be chosen to complement the wall and roof colors. (3) Glass. Clear or tinted glass may be used in windows and doors. Mirrors or other highly- reflective glass should not be used. (4) Awnings. Fabric awnings may be used to provide window shade and colorful accents if consistent with the architectural character of the building and if awning colors are carefully chosen to complement wall and roof appearance. Metal or other materials may be considered if determined consistent with the building's architecture and materials by the decision-making authority. (f) Garages and carports. (1) Purpose. In today's auto-oriented society, substantial space must be given over to the storage of personal automobiles. In attached residential areas, this means garages and carports with access onto local streets.It also means garage doors or parked cars which tend to dominate the streetscape.The purpose of this Subsection is to offer design features to lessen this dominance and mitigate the attendant visual monotony. (2) Low-density attached projects. In lower density attached projects, such as duplexes and townhouse developments, garages and garage doors are often the most visible architectural feature on the street. Therefore, it is important to avoid the appearance of an unbroken line of garage doors with dwelling units attached as an afterthought. Some or all of the following 9-53 C� LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES techniques should be used to do this: a. Create a variety of floor plans with different garage orientations and setbacks, including some turn-in garages with garage doors perpendicular to the street. b. Provide three single doors in some of the three-car garage plans. c. Recess garage doors deeply into the front wall in order to create strong shadow lines and visual relief. d. Utilize a variety of garage door colors. e. Add trim moldings onto the door,especially over plywood joints,to break up the otherwise blank expanse and add visual interest. f. Provide sectional rollup doors to maximize the usable driveway length for parking. g. Wood garage doors are encouraged. Doors of metal or other materials may be used if they give the appearance of wood via texturing, raised panels, etc. (3) High-density attached projects. Apartment, condominium, and other higher-density attached projects often require concentrated parking facilities such as carports and detached garages. These can result in long lines of parked cars or blank garage doors.Therefore,the site planning guidelines of Section 9-1-93.2 and the following architectural guidelines should be followed to mitigate the visual impact of residential parking facilities: a. Although carports may be permitted by this Zoning Code,garages are encouraged with direct access into units where possible. This will provide increased security and allow mitigation of visual impacts via use of the applicable garage guidelines listed in Paragraph(f)(2)of this Section. b. Carport support posts should be substantial in appearance, such as heavy timber or stucco columns.Four-by-four wood or unadorned steel posts should not be used.Though flat roofs may be used, pitched roofs are encouraged when roofs are visible from outside the project. Back walls exposed to street view should be heavily screened with landscaping. Overall design should be compatible with the architecture of the residences and other accessory structures such as recreation buildings and cabanas. (g) Accessory elements. (1) Balconies and patios. In consideration of southern California lifestyles,residential units in the City should provide strong indoor-outdoor relationships. Therefore, extensions of the indoor living area such as balconies, patios, and decks should be designed into home plans. It is 9-54 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES important to ensure that building floor plans allow space for the later addition of patio covers within the permitted setbacks. (2) Patio covers. Patio covers, trellises, pergolas and other exterior structures should reflect the character, color and materials of the building to which they are related. (3) Mailboxes. Projects should provide mailboxes for the residences as part of their design details. Individual mailboxes, mailbox clusters, and group mailbox structures should reflect the architectural detailing of the residences or the project's overall streetscape theme. Mailbox locations should minimize visual impacts while providing easy accessibility. (4) Trash enclosures. Trash enclosures shall conform to the guidelines of Section 9-1-92.2. Sec. 9-1-94. Design Review Procedures. All references to this Section shall include Sections 9-1-94.1 through 9-1-94.5. Sec. 9-1-94.1. Applicability of Design Guidelines to Projects. (a) Projects subject to design review. (1) Projects which involve building construction and also require a site development or use permit shall be subject to design review under the provisions of this Subarticle. (2) The types of projects requiring site development or use permits shall be in accordance with Subarticle 11 (Permits and Amendments). Generally,however,they include all nonresidential development projects and all attached residential projects. (3) Projects which involve only minor exterior alterations and for which neither building construction is required nor a site development permit or use permit is required shall be subject to review and approval in accordance with the provisions of Subsection 9-1-92.1(c)(3)or 9-1- 93.1(a)(2).However,as to such projects,only the proposed alteration shall be subject to review and approval and it shall not be a basis for or allow review of the entire building or project for compliance with the provisions of these Guidelines. (b) Projects not subject to design review. The following projects are not subject to design review: (1) Land use applications which do not involve building construction. (2) Construction or remodeling of single-family homes. (c) Determinations regarding applicability. When it is not immediately apparent whether a proposed project is subject to the provisions of this Subarticle under the categories listed in Paragraphs 9-55 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES (a)and(b)of this Section,the Community Development Director shall decide.The Director's decision shall be based on his determination of the most applicable category of the project and the goal and objectives set forth in Section 9-1-91.2.However,in cases where the Director concludes that,because of unusual project characteristics,the determination may materially affect achievement of the aforesaid goal and objectives,the determination of applicability shall be referred to the Planning Commission. Sec. 9-1-94.2. Application for Design Review. Application for design review shall be made in conjunction with the project's associated site development or use permit on forms provided by the Community Development Director.The following is a list of information and materials which shall be required unless determined to be not relevant to the particular application by the Director: (1) Preliminary site, grading,and landscape plans. (2) Schematic architectural elevations, roof plans, and floor plans. (3) A conceptual signing plan, including approximate sign sizes, heights, locations, colors, and materials. (4) Drawings of design details such as mailboxes,outdoor lighting fixtures,walls and fences,trash enclosures, etc. (5) A photometric analysis showing footcandle contours both within the site and beyond the site boundaries. (6) A sample board containing samples of proposed colors, materials, finishes, etc. (7) A drawing and site location for any cultural depiction, per Section 9-1-92.6. (8) Other information or materials deemed necessary by the Director. The Community Development Director may permit certain of the preceding application materials to be submitted after initial review of the site development permit.For minor exterior alterations,as defined in Section 9-1-92.1(c)(3),an application for a changed plan shall be required.The application for such a changed plan shall be provided by the Director and shall include requirements for information,plans, and material samples as deemed necessary by the Director. Sec. 9-1-94.3. Project Review. (a) Planning Commission review. The Planning Commission shall carry out design review of all projects subject to the guidelines set out in this Subarticle except those reviewed by the Community Development Director in accordance with Subarticle 11 (Permits and Amendments). Design review shall be done as part of the commission's review of the project's associated site development or use permit. Design review shall not be considered complete until both of the following have occurred: (1) Final action on the project's associated site development or use permit; (2) Expiration of any required appeal period (pursuant to the Zoning Code) or final action on any appeal filed. 9-56 LAGUNA NIGUEL ZONING CODE SUBARTICLE 9:DESIGN GUIDELINES a (b) Approval or denial ofprojects. Consistent with Section 9-1-91.3,this Subarticle is to be used to assist City decision-makers in their discretionary judgments to approve or deny projects. Per Paragraph(a)of this Section,a proposed project's associated site development or use permit application shall be the vehicle for the design review process. Therefore,the City decision-making authority must make a finding that the project is consistent with the overall goal and objectives set forth in Section 9-1- 91.2 in approving the project's associated site development or use permit application. Conversely, a finding that a project is not consistent with the goal and objectives shall constitute grounds for denial. (c) Cultural depictions. Cultural depictions are encouraged for larger commercial, office, institutional, and mixed-use projects in the City per Section 9-1-92.6. Preliminary plans and site locations for such depictions should be approved in conjunction with the site development permit for the overall project. (d) Staffreview ofconstruction documents. Final construction documents(working drawings)shall conform to preliminary plans(schematic elevations,preliminary site and landscape plans,etc.)approved by the Planning Commission as part of design review. The Community Development Director shall determine such conformity prior to the building permit plan check. If the Director determines that construction documents are not in conformance with approved preliminary plans,the Director shall give the project proponent the option of revising the construction documents to conform,or of applying to the Planning Commission for approval of a plan amendment. Sec. 9-1-94.4. Appeals. Any decision relating to design review made by the Community Development Director may be appealed to the Planning Commission,and any similar decision made by the Planning Commission may be appealed to the City Council.Appeals shall be filed and processed in accordance with Subarticle 11 (Permits and Amendments). Sec. 9-1-94.5. Exceptions. The Planning Commission may grant relief from full compliance with one or more of the mandatory guidelines set forth in this Subarticle (that is, guidelines identified by the word "will" or "shall," as defined in Section 9-1-91.3)by means of an exception. In approving such an exception, the Planning Commission shall find that,notwithstanding the exception, (1)the resulting project is consistent with the goal and supporting objectives of Section 9-1-91.2; and(2)the granting of the exception will result in an equivalent or better project in terms of overall design quality. Also, in approving an exception, the Commission may require compensating enhancement to other project design features or amenities. 9-57 Q City of Newport Beach Planning Commission Minutes April 5,2001 INDEX storage building. SUBJECT: Proposed Development Plan Review Procedures Item No.7 Discussion Item Only A proposed amendment to Title 20 of the Newport Beach Municipal Code to Continued to establish procedures for development plan review. 04/19/2001 Motion was made by Commissioner KranAey to continue this item due to the lateness of the hour to April 19th Ayes: McDaniel, Kiser, Agaianian,Selich, Gifford, Kranzley,Tucker Noes: None SUBJECT: Coastal Bluff Site Plan Review Item No.8 • Amendment No. 908 - Site Plan Review Overlay for A 908 coastal bluff properties in Corona Del Mar Amendment to Zone Districting Maps #16, #17 & #18 to combine the Site Plan Recommended for Review Overlay [SPR) designation to the existing zoning designation of coastal Approval bluff properties located within Corona Del Mar. Senior Planner James Campbell noted that this overlay entails applying an existing chapter of the Code (20.92) for Site Plan Review to the coastal bluff properties in Corona del Mar. He noted the map attached to the report that identifies affected properties and addresses and basically encompasses all the coastal bluff properties from Irvine Terrace and Little Corona beach. The Site Plan Review Chapter would require the Planning Commission to review any new structures including fences and additions to existing structures that exceed 50%of the gross floor area or 2500 square feet, whichever is less. The Planning Commission can review these projects and apply discretion in the implementation of existing General Plan and Local Coastal Program policies that address public views and preservation of coastal bluffs. He then presented slides of the coastal bluff areas. At Commission direction, he noted concerns that both the City Council and Planning Commission have that gave rise to this Amendment. A project may come forward and be approved as it is fully compliant with the Zoning Code, but it could potentially be inconsistent with local coastal program and general plan land use policies that talk about minimizing the alteration of the bluff as well as preservation of public views. He noted specific properties and functions of the amendment: • Coastal bluff properties on Ocean Boulevard, Hazel Drive, Carnation, Pacific Drive,Avocado Avenue and Breakers Drive. • This area is where there is an increased amount of development pressure. 30 City of Newport Beach Planning Commission Minutes April 19,2001 INDEX Vespa motor scooters. The minor services include; adjustments, cable changes, 05/03/2001 and the installation of various accessories. Vespa will keep less than 5 gallons of gas on site for test-drives of motor scooters. Motion was made by Commissioner Kranzley to continue this matter as requested to May 3rd, Ayes: McDaniel,Kiser, Agajanian,Selich,Kranzley,Tucker Noes: None Absent: Gifford SUBJECT: Senior Housing in the GEIF District Item No.4 • Adopt resolution of intent to revise Section 20.25.020 Resolution of lni (GEIF District: Land Use Regulations) of the Zoning Code. A resolution of intent to amend Section 20.25.020 (GEIF District: Land Use Approved Regulations) of the Zoning Code to allow senior citizen housing in the Govemment, Educational, and Institutional Facilities (GEIF) District with a use permit. Ms. Temple noted this is a housekeeping item. The General Plan has always provided for senior housing facilities in all districts with a use permit and that was not specified in the GEIF district, so staff is recommending that correction be made. Motion was made by Commissioner Tucker to adopt resolution of intent to revise Secfion 20.25.020 (GEIF District: Land Use Regulations) of the Zoning Code. Ayes: McDaniel, Kiser,Agajanian,Selich,Kranzley,Tucker Noes: None Absent: Gifford SUBJECT- Proposed Development Plan Review Procedures Item No. 7 Discussion Item A proposed amendment to Title 20 of the Newport Beach Municipal Code to Continued to estabtish procedures for development plan review. 05/17/2001 Senior Planner Patrick Alford recapped the staff report noting the changes from previous Commission discussion: • Appropriate thresholds. • Language change to stress process is on quality rather than aesthetics. 3 City of Newport Beach Planning Commission Minutes April 19,2001 INDEX • Additional language to make it clear that this does not impose a particular architectural or period style. Ms. Temple added that after reviewing the statutes and regulations, in order to establish a process allowing the City discretion to approve or impose conditions, it becomes a project as defined by CEQA. Therefore, if will be subject to review pursuant to it. However,in most cases, those projects that are fairly simple, and clearly would not have needed environmental review anyway, are more than likely going to be categorically exempt. It does create the possibility of raising a project to the level of needing a negative declaration or even a larger environmental report, although most such projects would probably have some other type of discretion attached to it that would trigger the CEQA review requirements. There may be some number of projects, over time, that may end up subject to review where they would not have ordinarily, we do not think that would be a significant number. Commissioner Kranzley proposed establishing a sub-committee of three Planning Commissioners to put together a background of why the Commission has taken up this topic. Then they would wrap up the items that staff has put together as far as how other cities have dealt with this issue as well as items brought up at this meeting. After the subcommittee has made a report, then have a joint study session with the City Council. it is not a good idea for the Planning Commission to put together a package, have a public hearing and then pass it on to the City Council without getting an understanding if there is support from the City Council. The Planning Commission needs to have an understanding of what direction, if any, the City Council would have us go in. .I am willing to volunteer for this committee and propose that Chairperson Selich and Vice Chairman Tucker join me. Commissioner Kiser noted that he had made a number of comments and suggestions to the proposed development plan review procedures, and that some did not-get incorporated in the draft and some did. The ones that didn't, I would like to deal with as they are important and it other Commissioners have the same things, I think I would like to do something with the draft tonight. I don't see this as an emergency like the bluff top issue; it should have a lot of thought. I think it would be rather difficult to get a document tonight that would be right because what we have still needs quite a bit of work. Commissioner Kranzley noted that all the ideas submitted and even those that might not have made the staff report, it would be important to note. Plus, if we do have a joint session with the City Council, I would assume we would all speak. There are going to be issues that each of us will have. It will be a good dialogue, a good next step as opposed to putting it on the agenda and move it on up. Chairperson Selich noted that given the fact the we are all having our own difficulties coming to grasp with this issue, before we go much further with it agreed to having a joint meeting and interchange with the Council to see how 4 City of Newport Beach Planning Commission Minutes April 19,2001 INDEX much support there is for the whole concept before the Planning Commission spends a lot more time working on it. The second thing of course is the concern I have that is if I was on the Council and not in favor of something like this, I don't think I would be too pleased if the Planning Commission had gone through and held public hearings and all of a sudden shoved an ordinance in front of me with public hearing and people speaking in favor of or opposition to and not really having much background, nor having part in initiating the process. Commissioner Agajanian suggested that one of the subcommittee members should be one of the newer members of the Commission. Following discussion, it was determined that Commissioner Kiser would be the third member and take Chairperson Selich's place . Commissioner Tucker noted his support of the subcommittee concept as well as the joint study session with the City Council for their input. He stated he would like to go through the Section entitled Projects Requiring a Development Plan. Chairperson Selich then stated that he would ask all of the Commissioners to state their points on any of the issues. Commissioner McDaniel said he had asked staff for an indication of how many projects would go over the proposed threshold; and an idea as to what the Commission is looking at and what it would encompass. Mr. Alford noted the following: • Volume of projects that might go through this process - looking at the building activity report for fiscal year 1999-2000, during that period 213 building permits were issued for residential projects. Of these, 187 were single families, 21 were duplexes and 5 were multi-family dwellings of three units or more. • If the proposed threshold was established at three or more dwelling units, then five permits would go through this process. • These five permits total 513 dwelling units,which leads me to believe that the majority of them were for the apartment project in the Bonita Canyon Planned Community,which the Planning Commission did not review. • A survey of a different type, January 2000 to date, found only one triplex that was issued in that time period. • Best estimate would be less than two or three residential projects that would meet the residential threshold a year. • Non-residential projects were searched by new commercial projects from January 2000 to date; there were three projects that appear to meet the non-residential threshold and were, the 459 Old Newport Boulevard development project, which was reviewed by the Planning Commission for other applications; the Balboa Bay Club, which was seen through the review of the actual planned community; and Temple Bat Yahm, which was seen through a use permit. 5 City of Newport Beach Planning Commission Minutes April 19, 2001 INDEX Commissioner McDaniel stated that his point is that if the Planning Commission is going through a lot of work and has only one or two projects, is it worth the time investment? What is the scope; how big is it and do we need to change the threshold? He stated his concern of having a project reach this threshold and comes for review, and if we don't give them some guidelines there will be a lot of effort going to waste trying to meet our guidelines. We need to give them some guidelines. If we do give them some guidelines, everything will look exactly the same because once we get one across then everything else that we do will look exactly the same, I am sure there are methods to get around it, but these are some of the issues that concern me. I am also concerned that we are leaving it to a Planning Director who has the authority to waive it. So I am concerned about once it meets this threshold, what we need to do to really look at it. Commissioner Kiser asked how the comments are going to be dealt with. Chairperson Selich answered he is making a list to see what the concerns are. Commissioner Tucker asked if we should be doing this at all as stated by Commissioner McDaniel. Chairperson Selich noted that his understanding is that every use permit, variance, etc., whatever comes before the Commission is subject to the development review procedures. Mr. Alford was only pointing out those that are not currently. Commissioner McDaniel restated his question. When we distill this out, we have projects that are three or more units, projects that are 50%, etc., how many would fall into that category that would need to be reviewed? That was my question. Just to get a sense of what the dynamics was of this whole process, I had no idea until I asked today and it seems like it is a fairly small number, is that correct? How many are we going to have to deal with, or, are we looking at in the future something that is significant that we do not have from the past? Is there something that we don't know about that the statistics that we do have will show us because there are things that we think are coming and we need to be prepared for it? Chairperson Selich noted that it was his understanding that this would apply to all discretionary projects that come before the Planning Commission already. Is that correct or not correct? It says projects subject to CEQA, so that means anything that we have reviewed would require this development plan review. Ms. Temple stated that any project that would.require a mitigated negative declaration, or an EIR, would also be subject to development plan review if there were no other permit involved. That does not happen very often. The principle one that I can think of would be certain kinds of grading permits that would require CEQA review, but do not require Planning Commission review 6 City of Newport Beach Planning Commission Minutes April 19,2001 INDEX because there is no other discretionary permit other than a grading permit. Chairperson Selich stated that he understood staff to say those were things in addition to what we already review and that we would be reviewing. I was assuming that all of the use permits that we viewed in the last year would have gone through this process in addition to what he spoke of. Mr. Alford noted that he looked at the building permit activity within specified time periods and looked for projects that would meet this requirement. In other words, if they were to come to the counter and apply for that buildingpermit, we would tell them they need a development plan if this was in effect. I would point out that some of these projects did come before the Commission because they had other discretionary actions that required Commission actions. Chairperson Selich noted several projects that were not listed that under his impression would go through development plan review: Jiffy Lube, Newport Technology Center and projects like those. Mr. Alford answered they did not apply for building permits during those time periods he had mentioned. Jiffy Lube required a use permit so that would go before the Commission but as for as it size, no, it would not meet these thresholds. Ms.Temple stated that generally speaking the thresholds being discussed, most of the projects that would quality that are non-residential projects, probably require some other type of discretionary permit. So, this would impose another review and set of criteria to look at a project, site plan, and other means and standards against which to judge it. It would not necessarily add to their burden by way of processing. Chairperson Selich. stated that Commissioner McDaniel's point that he was looking for was how many projects is this going to affect? The answer that Mr. Alford gave seemed to indicate it was very few projects and in fact that is not the case, it would be a lot of projects we review will have this requirement on them. Ms.Temple answered yes. Commissioner Tucker stated there is the question out there, is the majority still interested in pursuing this idea? Commissioner McDaniel stated he wanted to be sure that the Commission was not putting more burden on people who are trying to do projects that normally will be caught through other processes. If this singles out some people to do something extra that is above and beyond what we caught normally, I am not for it. 7 City of Newport Beach Planning Commission Minutes April 19, 2001 INDEX Commissioner Kiser stated that he had a difficult time deciding that he believes that development plan review is something that we should have. By the some token and because of the concern expressed by Commissioner McDaniel, we need to look at this very closely to be sure that it is a good document before we pass it on. Even if there are only three projects a year in the entire City that this would apply to, and we can keep from having three sore thumbs in the collective analysis in the City at the end of that year, I think we should still put a lot of work in this and get something on the books. Commissioner Agajanian stated he was in support of the procedure and that ultimately it will prove beneficial. He noted that he has concerns with the Standards section; there needs to be guidelines in place. However, I am worried about imposing a style,etc.but I am in favor of this procedure. Commissioner Kranzley noted his concern about the procedure and that unless there are some guidelines, the Commission is going to make qualitative decisions that will vary from Commission to Commission and Director to Director. We are, placing individual taste on buildings. I also agree with Commissioner Kiser that there needs to be something in place, but I am in favor more of a guideline approach rather than a review-approach. Commissioner Tucker stated that the development plan review process is very typical in other jurisdictions and it has been his experience that it is not over- reaching. It really is used as a quality control for design and materials. It is not to be confused with design review, which is what Laguna Beach has. What is needed is a section to call out more particularly what this process is not. Continuing, he reminded everyone that there was a 415,000 square foot project that came to the City and if they had not asked for a height allowance that required a use permit, the Commission would not have had an opportunity to see what that would look like. A project of that size could have been a poorly done project for site planning and design. As it is, they hired a great architect and did a fine design. We were fortunate and are fortunate quite often in the City because the location merits spending the money to do a good job. He expressed his interest in seeing that the Planning Commission have some ability to at least look at a building articulation without saying go and change the design, but be able to ask for further articulation and the types of materials that are going to be used so that it comes across as a quality project. Continuing, he stated that it is a trade off and doesn't see it abused in other jurisdictions as he is in the profession of doing neighborhood shopping centers. Comments he receives are on a plain facing building and for additional articulation, etc. He then stated that he was not interested in design review. In conclusion, he stated he was not a fan of guidelines because you do end up with sameness. He would rather make it clear what this process is not and let the architects and property owners figure out what they want the projects to look like. He wants to keep the Planning Commission level of review really modest. Chairperson Selich,agreeing with the previous comments, stated that this is not 8 City of Newport Beach Planning Commission Minutes April 19, 2001 INDEX design review, he considers it as a development plan review. It is a process that other cities throughout Southern California use, Newport Beach is out of step to not have it and is so for behind the times. As a developer for twenty- one years and having done over 20,000 units and many use permits on shopping centers, apartment complexes and industrial buildings, has never once in that entire time had one staff member, Planning Commission, Councilmember or Board of Supervisors member ever tell what architectural style to use. It is exactly like Commission Tucker says, they may come up with concerns of the design work done on the rear elevations if there is a highway or view corridor. There will be comments on how the rear architectural elevation could be enhanced or a commercial building that backs up onto an arterial freeway. He has never had anyone tell what architectural style to use. It is such a normal part of the process that he is amazed that the Commission is having such a difficult time dealing with it, it is not unusual and not a big deal as long as the Commission does it this way and not get into a Laguna Beach style design review. Commissioner Kiser stated that some of the benefit of the varied backgrounds on the Commission is because some of us have not done anything like this. We need to get educated on this and your comments are helpful to me and I am sure to others. Commissioner Kranzley noted that in regards to development guidelines as opposed to review,in my vision they would not be specific guidelines regarding types of materials. They would be guidelines regarding light, air, articulation, placement with landscaping, etc, and would be extremely general and not specific. One of the goals I have is exactly not to have sameness. What if a developer came in and said he was going to build a project out of cinder block and corrugated steel. A Commission might look at that and say that is not good quality, yet, two blocks down there is a new art gallery that I would be proud to have next to my house. It is an extremely well designed building of corrugated steel and cinder block. So, when we start talking about quality of materials, I get concerned about the fact that there is a lot of innovation in architecture right now that we could be dictating quality materials, and eliminate other types of good design in Newport Beach. These are the qualitative words that I see in the plan that we are reviewing that concern me, not necessarily about this Commission, but about future Commissions that we could eliminate some really wonderful designs because somebody does not like cinder block. Chairperson Selich stated that one of the advantages of something like this is that by having developers submit, as part of their application, the color and materials board the architecture becomes conceptually part of the approval. We don't get seduced by someone coming in and making a presentation saying this is what he/she is going to build and there is no teeth to it. They go off and build something completely different,which I can tell you I have seen a couple of times while on this Commission. It Is like an insurance policy that the development proposals put before us that they actually do get built as they 9 City of Newport Beach Planning Commission Minutes April 19,2001 INDEX are proposed and approved. Commissioner Kiser noted the following issues on the development plan draft: • Under Purpose B. - strikeout, '.....while maintaining architectural diversity and innovation'. I don't want to see this go the other way or used by - future Commissions to say that we want to maintain architectural diversity and innovation in every project that comes up, meaning if there is a spanish style or stuccoed building next to the proposed project and someone would come and say wait, our purpose in 'B"is to maintain diversity. I think there is an end to the attractiveness to diversity at some point. • Under Projects Requiring A Development Plan 2 - delete the exception because it shows the development plan not required for non-residential involving additions that don't exceed 50% of the existing floor area. It seems to me that if we choose 10,000 square feet as our threshold, if you have a large development and they are going to add 10,000 square feet on MacArthur Boulevard or a major thorofare, I don't see why that should be treated differently from project generally. • Under Projects Requiring A Development Plan B - Cumulative development instead of within any 12-month period possible using a longer period, even 60 months. You could certainly beat these by having a new annual project every year to get underneath the minimums. • Under Standards D and E-I proposed to delete both item D because of a concern that someone could use the environmentally sensitive area unless it is a defined term. If it is undefined, but says that they shall be preserved and protected, there is no room for movement. Since it is under the standards, it could make for a strong position for someone or their counsel to argue that something is environmentally sensitive. Item E, the some thing 'No structures shall be permitted in areas of potential geologic hazard....' There are potential liquefaction areas and various possible geologic hazards that come up on the reports that are required in transfers of real estate. I would be concerned that'E'would be used by anyone who is on a sloped lot for instance. • Under Standard I - I would delete the last three words, '...and sensitive resources'. • Under Standards K and L - In the same thought pattern for archaeological and historical resources, are we talking about historical that are on a national registry? Certain kinds of rocks that people think are pretty would I suppose be an archaeological resource if there was a skeleton of an ancient bug in it. These are standards and I think that would be a very important place to go for someone to make a case of this, K and L should be deleted. Standard L has to do with, '...shall not have a significant adverse effect on residences'. Non-residential development next to residential areas is always going to have an adverse effect, significant or not significant is open to interpretation. I think that anyone who puts a residence next to a non-residentially zoned area does have to keep in mind that there will be some 10 City of Newport Beach Planning Commission Minutes April 19, 2001 INDEX potentially significant impacts there. • Under Limits on Review - delete the middle sentence to clean up the standard language so that this is not used in a way that it is not intended. • Under the Expiration, Time Extension Section B - At the end of the first sentence, '....for a period or periods not to exceed 3 years, add the word,cumulatively, to make it clear. Commissioner Agajanian noted his support of the previous comments adding his concern about the distinction between quality and style. It has been indicated that we are interested in quality and not interested in,imposing any kind of a style. I have a difficulty knowing where those boundaries are. Referring to the Standards section he stated that we have no real standards to go by when we talk about aesthetic quality, high quality, environmentally sensitive, functional aspect, physical compatible, extent feasible, and significant adverse. All of these are qualitative measures that any of us on the Commission can differ upon without any real basis upon which to make that judgement. My first concern with regards to the standards, if we feel that the Commissioners on this panel can exercise their independent judgement on these standards, then I feel comfortable with going ahead with this. What don't feel comfortable with is the advice that we are going to give the applicant. I don't think the applicant will have the benefit of that choice and so my concern is until we get some clarification of what these are, I would be hard pressed to use them as the basis for my judgement as a Commissioner. The second point with regards to the standards has to do with the mildly conflicting edge, i.e., item C says, 'development shall be sited and designed to maximize protection...'. My question is, how does that work in relation to a by right envelope that a property owner might have? Are we going to be prepared to go in there and say this site line needs to be preserved even though it cuts through your building envelope? This is a major issue of concern to me and I see potential here for reasonable people to disagree. Item G is the second example, where we talk about functional aspects of site development. It is clear in my mind what we mean, but how does that work with the aesthetic argument that we are looking for aesthetic qualities? What happens if we want aesthetics and the applicant wants functional, how do we reconcile these two seemingly potentially conflicting standards? I think these need to be straightened out. I think we need them, but we need to be clear that the purpose of this is that we really want to. catch that big fish who is just trying to cram something awful into the City. We need something that will allow us to put this development plan review to those projects without bothering a lot of other applicants that might not matter one way or the other. I support this, but we have a lot of work to do on it. Chairperson Selich noted his general comments. He stated that after having numerous discussions with the City Attorney's office, he would not be in favor of having a process that would subject projects that are not currently subjected to CEQA, become subject to it. I think it would be too convenient in a lot of things such as 'neighborhood spats' over a design issue to boil into a CEQA 11 City of Newport Beach Planning Commission Minutes April 19, 2001 INDEX issue. That bothers me. I don't want to give up and say that we would only review projects in the City that are subject to CEQA as they exist now, because we have holes. Two of the holes for example are the Shores Apartment project, if they had not come in for the type of condominium plan they had,they would have been able to go through without any discretionary review. We have that shopping center that is going in on the Speedway restaurant property that is going to go through without any discretionary review. Typically in other communities in Southern California, projects of this scale and scope go through a use permit or some process. I would look at maybe doing a two-fold thing that we would make this ordinance applicable only to projects subject to CEQA and then we go back and take a look at where we are requiring use permit or not requiring use permit and maybe fill those holes rather than going down and trying to specify exactly the number of units and square footage. Maybe take a more generalized approach to it. I would not support subjecting a lot of these things to CEQA that are not subject to CEQA now just to.get a development plan out of them. The other comment I would make is on the standards. The level of detail in the standards section does not bother me. I don't think we should get any more definitive than that and the level of detail, if you read our Zoning Ordinance you can find other areas where the standards are no more in detail. One example is the Site Plan Review Overlay standard, they are pretty much on the same level of detail and there are other areas.-.I would not be in favor of going into more detail. However, Commissioner Agajanian, 1 can see some merit to reviewing how some of this is worded. I was concerned also about Item C because this whole view issue becomes a big point with people and I would not want to end up having a development plan review process becoming a vehicle through which people get up here and start debating these view issues, that is not the purpose of it, Concluding, he stated that he took notes and found nothing that he disagrees with on Commissioner Kiser's comments. Commissioner Tucker stated his support of the Chairman's position. He added that there are two choices, either not have a development plan review for those projects,or we can change the thresholds to the point where the project is fair game. I am struggling with the smallness of the projects that trip this development plan review, especially on the residential end. We have had a situation that came to us and was also contentious at the Council concerning the Rex Brandt Trust property. That was four buildings, each with two units that would have been subjected to a development plan review but the neighbors would have used that CEQA aspect to bludgeon the poor guy on that type of project. It may be that staff had come to the conclusion that it would have had a categorical exemption, I wonder if it is big enough to go through a development plan review or is it small enough not to have any consequences. We are almost defining a standard by which something is going to be subject to a review. I have a problem with that. I propose the way to handle it is just to move up the thresholds to where we really have something that we ought to be looking at. I guess for something like the large-scale project that comes along, I would not have a real problem with somebody being subject to CEQA, but these five units, 10,000 square foot projects I would. I also think that it would 12 City of Newport Beach Planning Commission Minutes April 19,2001 INDEX be helpful for the items that come before us on a discretionary approval that we actually specifically have some development plan review rights. The Jiffy tube took us 15 minutes to approve and 2 hours to hide it. The City Attorney mentioned at that time that maybe we got a little bit beyond where we should have been in terms of what we were supposed to be looking at under a use permit. It would be helpful to have the development plan review certainly for those items that ore already going to be subject to CEQA. As for as specific language I would throw it open for conversation about the size of the projects. The exception language was a little confusing to me in 20.92.020. Chairperson Selich asked if the Commission could give their input on the threshold issue because it is a big issue in terms of things. Commissioner Kiser asked if the concern is our passing with a specific limit like 5,000 would that then mean it would become a discretionary review of the project? And because of that,would it throw the project into requiring CEQA? Chairman Selich answered yes. If there is any discretionary action involved, they become subject to CEQA. In my experience, the cities that have development plan review fie it together with another discretionary action. Typically if there is not a discretionary action involved, they do not have a development plan review attached to it. What we are proposing here is to go beyond that and have the development plan review on applications that are not currently discretionary applications. That is the difference. Commissioner Tucker relayed that, the reason when this topic first came up I raised this point is because I have lived this point. I have a site,that I am attempting to develop in San Diego County that has been zoned and general planned for 22 years. All I needed was a site-plan review by the local group of advisors to the Board of Supervisors in the unincorporated territory. I presented my plans,went through the design review and got a unanimous vote, but I had people who lived near the project and were opposed to the project. Because I had discretionary approval, CEQA applies. They have taken that and had me do traffic studies, archeological studies, biology studies, noise studies and air quality studies:all because I had a site plan review. None of these studies have anything to do with the design of my site, which is all the site plan was to look at to make sure that I did not have trucks pulling out at the wrong place and the internal circulation and what it physically looked like. Yet, I am now mired in problems that are unrelated really to what the review is all about. That is the way CEQA works, if you have any discretionary approval, the whole weight of the law hits you as if you had a land use discretionary approval. Even though the land use may not be subject to question at all, that is the inherent unfairness of it. That should not happen here, so to the extent that CEQA will apply to projects that are not that big, it is not right. That would be the situation with the Rex Brandt Trust. At some point, is it fair for us to say if a project is big enough, even though it might not otherwise be subject to CEQA. should we,in order to get the development plan review in place, consider then requiring those projects be subject to CEQA? For instance, on the Newport 13 City of Newport Beach Planning Commission Minutes April 19, 2001 INDEX Technology Center, if they had come in at the 32 feet and did not ask for any discretionary reviews, it would not have been a project under CEQA and they would not have had to answer our questions on traffic studies or any other issues. At what point does a project become so large that even though it might have by right entitlement,is it fair to ask it go through the CEQA analysis? Commissioner Kranzley noted that one of the Commission's concerns on the Brandt Trust was that we did not have any design oversight on that project. So, on the one hand I understand Commissioner Tucker's concern but I think the majority of the members on this Commission would have liked to have had some hand in what that project would have looked like. Chairperson Selich noted that the portions we were concerned about were the ones that were under discretionary review and under this section, project subject to CEQA,we would have development review on the buildings on the lots that were subject to the lot line adjustment. Commissioner McDaniel stated that many of his concerns have been addressed. He expressed another concern about putting something in place that gives an adversary an opportunity to use that against the proponent or project and raises the costs, time frames, many things that would normally be very valuable to us. I would like to support something, however, I would like to raise the bar. If we can get to look at things that really matter and don't get in the way of many people and don't cause spats with neighbors and such, I can be much more supportive of it. Commissioner Kiser agreed with the previous comments. Commissioner Agajanian noted his concern with the triggering sizes, as our interest is really the large project, not the small project. I like the idea of having this kind'of control in an overlay district, it would have been good. I like the Commission approach, just leave this for the CEQA and then some very high threshold to apply to other large projects so that we can have some control over. Chairperson Selich restated his position that it only apply to projects subject to CEQA and in conjunction with this to go back and take a look at plugging the obvious holes where we need discretionary approvals such as apartment sites and neighborhood shopping centers like the old Speedway restaurant site. I understand Commissioner Tuckers point on large projects like Newport Technology Center and I would be open to have some kind of threshold on large projects like that although I am not sure how I would set it. Maybe the sub-committee could make a recommendation on that. Commissioner Krarizley noted his agreement on the threshold comments of the previous speaker. Commissioner Tucker noted his confusion about the D overlay district, as being 14 Cify of Newport Beach Planning Commission Minutes April i9,2001 INDEX something that requires a development plan. He then cited 20.92.020 C asking if there were things in the D district that don't necessarily require the some type of review? Why is that D overlay in there? Mr. Alford answered that the D overlay would be applied to areas where you specifically want all types of projects to.go through that process. The other section mentioned recognizes that there might be a specific plan, overlay district, or Planned Community district that might establish a higher or lower threshold that might be considered more appropriate. This chapter is a citywide standard that could be raised or lowered on specific geographic areas through one of these other types of plans. Commissioner Tucker asked if a project is within a D overlay district and it comes in and is a project that also has signs on it, does that mean that it is subject to the development plan review just by virtue of the fact that it has got signs that are subject to the development overlay district just for signs? Mr. Alford answered that this was done basically for an example. Another example is the Mariners Mile and may be a better example because there was a separate set of standards that were established that would not apply citywide. Commissioner Tucker,referencing 20.92.020, noted that it says the development plans shall be required for the following projects. Number 5 says projects within a D overlay district. Letter C language needs to be clarified to make it more understandable. Mr. Alford noted that the basic intent is that we might want to have a district similar to what we have now. We have a site plan overlay district that when applied to a specific area requires that process. The best example of course, being the bluff development review process that you just recently saw. It recognizes that there are other vehicles out there that might establish a set of design criteria or thresholds and that would supersede anything in that chapter as far as the type of review and the projects:that would be subject to that type of review. Continuing, Commissioner Tucker noted that we could discuss the language in the sub-committee process and bring something back to the Commission. The other item of interest, he noted,was at what point does the development plan review process come back to the Planning Commission. Of course, if we change this for the CEQA issues, I am not exactly sure how this will tie in. But this point 20.92.030 A has 50,000 square foot floor area before it gets to the Planning Commission, which seems that a 45,000 foot building would be a pretty good size building, especially if it is sitting on Coast Highway. What do the other Commissioners think in terms of that coming to the Commission? Is the 50,000 square foot threshold level something,that everyone wants? Do we have the right to call up any bigger items? 15 City of Newport Beach Planning Commission Minutes April 19,2001 INDEX Staff answered yes,the Commission has the right to call up bigger projects. Commissioner McDaniel asked if 40,000 was the Greenlight number? Maybe use that number to keep it consistent. Chairperson Selich stated .that if we, take the approach that we make this applicable to discretionary applications, that becomes a moot issue because the reviewing authority will be whoever the reviewing authority is for that particular application. If it is a Planning Director's Use Permit it stays there, unless appealed on up. if it is a Modification, it stays there unless appealed on up, or a Planning Commission issue, we takes care of it. It we flake that approach, that seems to be something that falls out here unless we come up with some special criteria on square footage. I think where this ends up falling, it would kind of depend on what the sub-committee may come up with. Commissioner Tucker noted that L in 20.92.040 seems out of place and he would like to see it deleted as well. Everything else seems to be kind of a design standard or design goal and this one happens to be a land use conflict and seems out of place and does not belong there. Chairperson Selich noted that the Commission has come to consensus on two major issues,whether we want to proceed or not, and generally the thresholds. It seems the rest of the issues can be dealt with on the sub-commit#ee level and I am sure with Commissioners Tucker and Kiser being attorneys, alternatives will be appropriately picked. I think, however, that there is merit in Commissioner Kranziey's suggestion that we have a study session with Council on this and not necessarily have this completely developed by the Planning Commission. The Council may have other thoughts on this and for the newer Commissioners, we have had study sessions in the past on issues that were major policy changes where we did get feedback from the Council that made our job easier. We had an understanding of where the limits were. Motion was made by Commissioner Kranzley to form a subcommittee to meet and bring this item back to the Planning Commission May 17th for review and then schedule a joint study session with the Council. Commissioner Tucker asked if we find out what the Council is thinking on this item now, or would it be more appropriate and helpful to have a little bit of a work product that shows them the general direction we are going. This is going to be attached in a staff report and maybe we should have something that is a little bit fighter. It was agreed to have the sub-committee meet first and bring back to the Planning Commission and then to schedule a joint study session with the City Council. Ayes: McDaniel, Kiser, Agajanian,Selich, Kranzley,Tucker Noes: None 16 City of Newport Beach Planning Commission Minutes April 1 F,2001 INDEX Absent: Gifford ADDITIONAL BUSINESS: Additional Businr a.) City Council Follow-up - Assistant City Manager Sharon Wood reported that at the last meeting of April 10th, the Council: approved the Rex Brandt project; had a discussion of transferring control of Pacific Coast Highway in Corona del Mar from CalTrans to the City in conjunction with the Corona del Mar Vision 2004 plan and adopted a resolution requesting that transfer; approved the recommendations from the General Plan Update Committee and are working on requests for qualifications for consultants for the technical studies and for the update itself. b.) Oral report from Planning Commission's representative to the Economic Development Committee - Chairperson Selich stated that there was no meeting this month. c.) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting-none. d.) Matters that a Planning Commissioner may wish to place on a future agenda for action and staff report-none. e.) Report from Planning Commission's representatives to the General Plan Update Committee-none. f.) Status report on Planning Commission requests-no new items to report. g.) Project status - At Commission request, Ms. Temple noted that the Banning Ranch developers are listening to what is happening to all of the projects in the Coastal Zone statewide and seeing what the implications are to this project. They continue to work with resources agencies to come up with a plan to gamer sufficient support in light of the Coastal Commission's recent actions. h.) Requests for excused absences-none. ADJOURNMENT. 8:05 P.M. Adjournment STEVEN KISER,SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 17 PC Report 1998-0441 Page 1 of 14 CITY OF SUNNYVALE REPORT Planning Commission Hearing August 24, 1998 SUBJECT: Ga-Wta Kifer LLC (Howard J. White III) — Application on a 9.9 acre site located at 1400 Kifer Road in an M-S (Industrial and Service) Zoning District. (APN: 216- 27-030, 031) KR (Mitigated Negative Declaration) Motion 1998-0441 - Use Permit to allow the development of an 88,000 square foot office building with a proposed Floor Area Ratio (FAR) of 38.3% for the entire site. REPORT IN BRIEF Existing Site Conditions Two Buildings: 1) Warehouse; and 2) Research and Development Building Surrounding Land Uses North Research and Development and Office Buildings South Southern Pacific Railroad East Research and Development and Office Building West Santa Clara Valley Water District Canal Issues Floor Area Ratio Traffic Environmental Status A Mitigated Negative Declaration has been prepared in compliance with California Environmental Quality Act provisions, as amended, in Resolution #193-86. Staff Recommendation Affirm the Mitigated Negative Declaration and Approve the project. http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htm 03/08/2001 PC Report 1998-0441 Page 2 of 14 drat o IdSN n 2 s �aa a at as s 9 +� O OO�y b� 2 i!M NI Z iR art V 1.0w. aD 1400 Kifer Road USE PERMIT a tau 300 Feet PROJECT DATA TABLE http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-044l.htm 03/08/2001 PC Report 1998-0441 Page 3 of 14 Entire Site (Existing + Required/ Existing Proposed Proposed) Permitted General Plan Category Industrial Same Same -- Zoning District MS Same Same -- Type of Project Two Buildings: Office Building Office Building By Use Permit Warehouse and R& D Building and Building R & D Bldg. Lot Size(acres) 9.9 Same Same 0.516 min. Lot Size (sq. ft.) 431,244 Same Same 22,500 min. Gross Floor Area(sq.ft.) 176,255 88,220 165,125 160,935 max. Existing Warehouse Building 99,350 -- -- Proposed Office Building 88,220 88,220 Existing R& D Building 76,905 -- 76,905 Lot Coverage(%) 40.87 24.6 45 max. Floor Area Ratio(FAR)(%) 40.87 38.29 35 max. No. of Bldgs. On-Site 2 1 2 N/A Building Height(ft.) 75 max. Existing Warehouse Building 26' —5" Proposed Office Building 48'—0" 48'—0" Existing R& D Building 39' -0" -- 39'—0" Distance Between Bldgs. (ft.) 0 210 210 26 min. No. of Stories 8 max. Existing Warehouse Building 1 -- Proposed Office Building 3 3 Existing R& D Building 2 Same Same Setbacks a. Front 36'—3" 42' — 10" 42'—10" 35 min. b. Left Side(facing property) 45'—0" 82'—0" +/-45'—0" 26 min. c. Right Side (facing property) 60'—0" 236'—6" +/-60'—0' 0 min. d. Rear +/- 100' —0" +/- 100'—0" 0 min. Landscaping (total sq. ft.) 101,597 100,404 86,248 min. a. Frontage (width ft.) 36'—3" 42'- 10" 42'—10" 15' min. b. Based on Floor Area (%) 81,498 min. Total No. of Parking Spaces 351 403 588 330 min/660 max. a. No. of Compacts 175 174 255 294 max. b. %of Compacts 50 43.1 43.4 50 max. c. No. of Standards 176 229 333 294 min. d. No. of Handicaps 81 81 12 12 min. ANALYSIS Background Previous Actions on the Site: The following table summarizes previous planning applications related to the subject site. http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htrn 03/08/2001 PC Report 1998-0441 Page 4 of 14 File Number Brief Description Hearing/Decision Date 1998-0259 Application for landscaping and Approved - Miscellaneous 3/31/98 irrigation plans, exterior lighting Plan Application by staff. plans and parking lot configuration plans. 7372 Waiver of Undergrounding Denied - Miscellaneous Plan 8/29/91 Application by staff. 7372 Application for Approved — Miscellaneous 7/8/92 Identification/Informational Plan Application by staff. ground signs Description of Proposed Project The applicant proposes the construction of an 88,220-sq. ft. office building. As proposed, the project will have a Floor Area Ratio (FAR) of 38.27%. The proposed facility will be built as a speculative shell office building. Interior tenant improvements will be made at the time when a user is identified. Environmental Review A Mitigated Negative Declaration (Attachment #1) has been prepared in compliance with the California Environmental Quality Act provisions, as amended, in Resolution #193-86. The Initial Study prepared for the project identified a potentially significant effect as it pertains to traffic impacts; as a consequence, this item requires Planning Commission review. A traffic study completed for the proposed project concludes that the project will contribute new vehicle trips at two existing deficient roadway conditions in the project vicinity. At Lawrence Expressway and Kifer Road westbound, the left turn lanes are not of sufficient length to accommodate the existing traffic volume, resulting in "spilling over" of left turning traffic into westbound Kifer Road through traffic lanes. The result is significant roadway congestion. Also, the intersection of Kifer Road and Gordon Avenue experiences congestion and a demand for eastbound to westbound illegal U-turns. The intersection has a significantly high rate of traffic collisions. The project is anticipated to add vehicle trips to the existing impacted areas, exacerbating these impacts and necessitating mitigation. The City of Sunnyvale and the County of Santa Clara have programmed capital improvement projects to address these problem areas. The westbound Kifer Road left turn pocket will be eliminated, turning movements at Kifer/Gordon Road will be restricted, and the Lawrence Expressway/Kifer Road signal timing will be modified. The applicant has agreed to pay their fair share contribution to the cost of these improvements based on the degree of traffic contributed by the project to the problem areas. The Initial Study determined that no other significant environmental impacts were anticipated. Use Permit Use: The proposed three-story industrial office building replaces an existing industrial building which has contained a variety of industrial and non-industrial uses such as research and development, offices, and warehousing/storage. Staff finds that office use is compatible with the surrounding industrial uses. Floor Area Ratio (FAR): The applicant submitted a justification for an increase of FAR (Attachment 6). The applicant states that the project, as proposed, is the minimum size required to satisfy a "campus" site based on marketing studies. The applicant believes that existing facilities such as http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htm 03/08/2001 PC Report 1998-0441 Page 5 of 14 bicycle storage, showers (1,278 sq. ft.), lunchroom (670 sq. ft.) and picnic area improvements on the site would help offset the effects of a higher FAR. Staff finds that the lunchroom would not suffice as mitigation for a large FAR, as lunchrooms are not assumed to be additional amenities, but are assumed to exist in all office buildings. Staff subtracted 1,278 sq. ft. from the total proposed floor area, resulting in an effective FAR of 38.0%. The floor area ratio standards were originally adopted as a means of controlling the number of jobs in the city. There was a desire to achieve a better ratio of jobs and housing and to effect regional traffic generation. The following table compares average numbers of potential jobs and peak hour traffic for several scenarios on this site. Land Use Number of Jobs PM Peak Hour Traffic2 40.2% FAR - Existing Warehouse and R & D 430 166 35% FAR - R & D and Office 443 225 Proposed 38.2% F.A.R. — R & D and Office 485 247 1. Based on one employee per 340 square feet of floor area for R&D or office and one employee per 485 square feet of warehouse 2. Based on Institute of Transportation Engineers Try Generation Manual 6tn Edition, General Office and Warehouse trip generation rates per square foot of building City Council recognized that higher intensity developments could be warranted. Staff is currently preparing a study of criteria for projects over 35% FAR. This study is an action statement in the Land Use and Transportation Element adopted in November 1997. The suggested factors to use in evaluating higher FAR projects include: . The effect of the project on the regional or city-wide roadway system A Transportation Impact Analysis (TIA) has been prepared for the project. The TIA has suggested that there will be added traffic to three identified problem areas. Contributing fair share costs to funding improvements can mitigate the impacts of the proposed development. No difference in roadway levels of service would be anticipated with the two different densities. . Minimum development size The site for the proposed office building is 9.9 acres. In the past FAR projects above 35% have been parcels/assembled parcels of 1 to 34 acres. Since the Council Study Issue is not completed, a minimum development size, relating acreage to FAR limits has not yet been established. Staff finds that the subject site falls within the middle range of projects approve with high FARs. . Redevelopment and/or lot consolidation The proposed project redevelops the site since it will require the removal of the existing one- story warehouse building. . That the project is intended primarily for a single user or has common/shared management The applicant has indicated that the proposed building and the existing rear building will be marketed for use by a single tenant/user. Staff notes that there is no guarantee that a single http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htm 03/08/2001 PC Report 1998-0441 Page 6 of 14 user will result or remain. . Mitigation of housing impacts The project as proposed would require a Housing Mitigation Fee with exemption for non- employee generating areas. The council adopted a housing mitigation policy (Attachment#7) to assist in mitigating the effects of higher projects. . The development will result in an overall positive community benefit Staff finds that the architectural style of the building is noteworthy and that the site plan as conditioned will be functional and aesthetically enhances the site. Staff finds that such a development would illustrate the quality of architecture and design valued by the community and result in an overall positive community benefit. Site Layout: Two buildings currently occupy the site. The existing one-story 99,350 sq. ft. warehouse building at the front of the site will be demolished and replaced with a new three story 88,220 sq. ft. office building. The rear building, along with its associated parking and site work, will remain as is. Lot coverage is currently at 40.87% where 45% is allowed. The current proposal shows a reduction of the percentage of lot coverage to 24.6%. There is no intention of creating separate parcels for each of the buildings. The following Guidelines were considered in analysis of the project site design. Design Policy or Guideline (Site Layout) Comments Industrial Design Guidelines The proposed building incorporates quality design and materials. The project also provides Policy 1.A1: New development shall enhance the a large front setback area for landscaping. Both character of its surrounding area through quality upgrades will enhance the look of the architecture, and landscaping, and appropriate surrounding area. site arrangement. Industrial Design Guidelines he proposed building is located on the site in a ay that provides a visual relationship with the Policy 1.A4: New Buildings shall present strong building at the rear of the site. relationships to their site and surrounding buildings on the same or adjacent parcels. Visual and functional relationships between buildings and sites may be created by building orientation and massing, and site organization. Architecture: The proposed architectural design of the building utilizes concrete walls with recessed glass panels. A strong horizontal orientation is established through the use of windowpanes, cornices, "bull nose" reveals, and other structural elements. The appearance of the building is enhanced through the use of a three-story glass projection on the north side of the building closest to the street, as well as a red granite accent at the base of the projection. The main entrance at the west side o the building has a recessed area, which adds interest and definition to the building fagade. The entry is highlighted by a vertical two-story element, a glass awning, and red granite at the base of the entry. At the main entry, staff recommends incorporating site furniture and fixtures such as planters and benches that enhance and further define the entry (See Condition of Approval #15). The secondary entrance at the east side of the building is highlighted by red granite at the columns and seating area. The wall near the secondary entry is slightly recessed to break up the monotony of the long fagade, http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htm 03/08/2001 PC Report 1998-0441 Page 7 of 14 and is further recessed at the ground level. Both entries use freestanding flower planters to guide the pedestrian to the door. Both entries include a well-detailed pedestrian approach through the use of an interesting paving pattern. Staff finds that the building is well designed, achieving a desirable aesthetic character through articulation, building form and quality materials. If approved, it would be a positive addition to the built environment in Sunnyvale. Staff believes that the project conforms to the Industrial Design Guidelines in the analysis of the project architecture as noted. Design Policy or Guideline (Architecture) Comments Policy II.A4: Front facades of large buildings The proposed building's enhanced projection at visible from a public street shall include Kifer Road is differentiated from the rest of the architectural features such as reveals, windows building by making it all glass with higher level and openings, expansion joints, changes in color, detailing. The glass incorporates pronounced texture, and material to add interest to the building �ntry. orizontals, which are repeated at the building elevation. Policy 11.133: New buildings shall have three The proposed building incorporates projecting distinct components: base; middle; and top. "bull nose" reveals to clearly define three distinct Define each component by horizontal and/or components of the building. The entrances at vertical articulation. Fagade articulation may both the east and west side of the building consist of changes in the wall plane, use of incorporate changes in the wall plane. openings and projections, and material and color Recessed windows that band the building variations. provide an element of articulation. Policy 11.135: Main entrances to the buildings shah The main entrance is well defined with a vertical be well defined. entry, glass canopy and red granite accent. The special paving and coordinated red planters help define the main entry. Policy 11.136: New buildings shall have at least one The proposed building provides a major focal major focal point and minor focal points. point at the main entrance through the use of a vertical entry, glass canopy and red granite accent that surrounds the door. Minor focal points are created at the Kifer Road side of the building with a large, highly articulated glass structure. Policy II.D2: Roofs shall be an integral part of the The roof screen is incorporated into the design building design. Proposed parapets and roof of the projection at the Kifer Road side of the screens shall be integrated into the roof design. building. This projection helps to articulate the The material and color of roof screens shall vertical element in juxtaposition to the building's appear identical to those in the roof or building. 11strong horizontal lines. Landscaping: Approximately 23 percent of the site is devoted to landscaping, where a minimum o 20 percent is required. Generally, the landscaping is well distributed throughout the site. The applicant proposes to install 15% of the trees on the site at 24" box size focused at special areas: near the building projection near the street; at the main entrance; at the pedestrian walk from the street to the rear building; and at the pedestrian walk from the parking lot to the front door. The applicant is proposing a well-defined approach through the use of colorful trees, planters, seating an enhanced paving. There is an existing 18,000 sq. ft. lunch/picnic area (complete with concrete tables and benches) at the southern end of the site. http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htm 03/08/2001 PC Report 1998-0441 Page 8 of 14 The proposed amount of landscaping is reduced from 101,597 square feet to 100,404 square feet. The proposed project asks for an increase in FAR, yet is not providing additional landscaping to offset the effects of a higher FAR. Staff finds that because there is a reduction in lot coverage, there is an opportunity to enhance the site through additional amounts of landscaping. Staff recommends increasing the total percentage of landscaping on the proposed project to an amount at least equal to what is existing, in addition to the landscape enhancements that are currently proposed (See Condition of Approval #8a). The landscaping requirement would be exactly the same for a proposed development to be submitted at a 35% FAR, as the Code requirement specifies landscaped area of a lot shall not be less than twenty percent of the lot area. The following Guidelines were considered in analysis of the project landscaping. Design Policy or Guideline (Landscape) Comments Industrial Design Guidelines A landscape plan for the rear portion of the building was approved last year. The proposed Policy IV.A1: Landscape design shall follow an landscape will link to the existing building's overall concept and shall link various site landscape. components together. Industrial Design Guidelines Special landscaping areas will be concentrated at the entrance, near the projection at the Kifer Policy IV.A6: When appropriate, landscaping shah Road side of the building, linking the two be used to enhance focal points, artwork, and buildings on the site, and at the pedestrian visible areas. Oprance proach through the parking lot toward the of the new building. Industrial Design Guidelines A 42'-10" landscape buffer is proposed along Kifer Road. Policy IV.131: A minimum of a 15-foot wide landscape strip shall be provided along all public street frontages of projects. Tree Preservation: A variety of mature trees are present on the front of the site along Kifer Road including Monterey pines, Purple leaf plum, Carob, Aristocrat pear and Magnolia. Of the approximately 29 trees on this portion of the site, eight are City street trees. A tree appraisal/report was prepared by Tree Health Professionals, Inc. which recommended removal of six trees due to structural defects or failure to survive soil disturbance and root loss expected to occur during the redevelopment of the property. Of the six trees recommended for removal, one is a City street tree. Staff recommends that a 24" box tree be planted as a replacement. The other seven street trees are to remain. All other trees surveyed are proposed to be removed to accommodate the new building. Staff finds that incorporation of a comprehensive landscape plan for the site, which includes 15% o all trees planted at 24" box size at special areas (entry, area of the building projection at Kifer Road, pedestrian walk linking the front building to the rear building, and pedestrian approach from the parking lot), is reasonable replacement for the loss of the existing trees. Parking: The proposal provides for 588 parking spaces for the entire site, or one space for every 279 square feet of floor area. The code requires a minimum of one space per 500 square feet, and allows a maximum of one space per 250 square feet. Compact parking spaces (255) are provided which account for 43.4% of the proposed parking spaces. Fifty percent is the maximum allowed by the Code. The municipal code requires 10 percent http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htm 03/08/2001 PC Report 1998-0441 Page 9 of 14 of the parking spaces in industrial developments to be reserved for carpool vehicles. This requirement results in approximately 59 carpool spaces being marked and reserved in close proximity to the main entrances. Circulation: Currently the site has two driveways located on the east and west boundaries of the site. The eastern project driveway is currently marked as an exit only, and the western driveway is marked as an entrance only. Staff has recommended an increase of the width of the driveway aprons at both locations fronting on Kifer Road to allow for two-way with two exit lanes. Staff has recommended dimensions of the driveway to be 42' at the mouth and 52' at the throat. The recommended design would accommodate better exit queuing space, accommodating three vehicles in each lane. Traffic: The Traffic Impact Analysis (TIA) prepared for the project indicates that field observations have shown that the segment of Kifer Road between Lawrence Expressway and Copper Road is heavily congested. In addition, this segment suffers from illegal U-turn activity and is accident-prone. Because of its poor operation, any additional traffic added to this segment would adversely impact its operations. The proposed project would add trips to the Kifer Road segment during the PM peak hour, therefore mitigation has been required (see Condition of Approval #14). The County of Santa Clara and the City of Sunnyvale currently have capital improvement projects programmed that are designed to alleviate the existing congestion. These improvements include removing left-turn access at the intersection of Kifer and Gordon and making Gordon Avenue right- turn in and out only. These changes would improve the existing situation by eliminating any possibility of conflicts from left or U-turning vehicles. In addition, the intersection of Kifer and Costco will be re- striped to allow more space for eastbound-to-westbound U-turns. As part of these improvements, th westbound left-turn pocket at Lawrence Expressway and Kifer Road will be extended t accommodate more vehicles. Also, traffic signal control at Lawrence Expressway and Kifer Road will be improved to increase westbound left-turn signal timing efficiency. Because this mitigation is necessary as a result of existing traffic patterns, its funding should not be the sole responsibility of the proposed development. It is recommended that the proposed development contribute its "fair share" to the funding of these improvements. Staff has analyzed the anticipated trip generation from the project if it were developed at 35% FAR. A new building at 74,030 sq. ft. (35% FAR) is estimated to add a total of 59 trips to the roadway system. The proposed 88,220 sq. ft. building at 38.3% FAR is estimated to add a total of 81 new trips to the roadway system. Staff finds that this difference is insignificant. The impacts can be mitigated according to the traffic study suggestions. No difference in roadway levels of service would be anticipated with the two different densities. Easements/Undergrounding: Undergrounding was completed in conjunction with the previous building permits in 1991. Housing Mitigation: Developments that exceed the 35% FAR limit are required to comply with the Housing Mitigation Policy by providing affordable housing units, or more commonly, paying a Housing Mitigation Fee for that portion of the building area over 35% FAR. Certain non-employee generating spaces such as cafeterias, exercise facilities, lockers and childcare centers may be deducted from the fee calculation. If the Housing Mitigation Policy is applied, the proposed project would require a Housing Mitigation Fee of up to $102,026 ($7.19/sq. ft over 35% FAR) (See Condition of Approval #13). Art in Private Development: Sites over two acres are required to provide art in private development. The approval of specific installations is subject to the Arts Commission. The Planning Commission may offer direction in terms of location on the site. At this time, the applicant has not finalized either http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htm 03/08/2001 PC Report 1998-0441 Page 10 of 14 the type of art or location. Preliminarily, the applicant has indicated a possible sculpture location near the front of the site, which has potential for enhancing the street presence of the project. Compliance with Development Standards Section 19.32.142 (a) of the Municipal Code establishes a 35% maximum FAR (Floor Area Ratio) in the M-S zone. Developments over 35% FAR may be considered with a Use Permit. As proposed, the project FAR will be 38.3%. All parking, setback, landscaping, building height, etc. requirements are met. General Plan The following goals and policies were considered to determine conformance with the General Plan. General Plan Sub- Goal Or Policy Comments Element Land Use and Policy C4.1: Maintain a diversity of The project will enhance the City's Transportation commercial enterprises and industrial industrial sector with the addition of a Element (LUTE) uses to sustain and bolster the local new, 88,222 industrial office building economy. in an industrial zone. Community Design Goal 2.5C: Ensure that buildings and Circulation, landscaping, and building Sub-Element related site improvements for private architecture are well designed and will development are well designed and be compatible with adjacent compatible with surrounding development. properties and districts. Community Design Policy 2.5C.1: Place a priority on As a speculative office building, the Sub-Element quality architecture and site design building incorporates quality design which will enhance the image of and materials. The buildings and site Sunnyvale and create a vital and improvements will substantially attractive environment for businesses, enhance the immediate industrial area residents and visitors, and be and promote business vitality. reasonably balanced with the need for economic development to assure Sunnyvale's economic prosperity. Community Design Policy 2.5C.4: Encourage quality The proposed building incorporates Sub-Element architectural design which improves quality design and will significantly the City's identity, inspires creativity improve the local industrial image. and heightens individual as well as cultural identity. Expected Impact on the Surroundings Development of the project will result in the removal of existing mature trees having a visual impact on surrounding properties. However, integrated landscaping will be developed over the entire site significantly improving the area over time. Staff believes that the buildings and site improvements will substantially enhance the immediate industrial area and promote business vitality. The traffic analysis supports additional floor area committed to office use for the vicinity at Kifer Road, http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.httn 03/08/2001 PC Report 1998-0441 Page 11 of 14 suggesting a fair share contribution to already-planned capital improvements aimed at relieving traffic impacts. Findings In order to approve a Use Permit, either of the following findings must be made: (a) Attain the objectives and purposes of the general plan of the city of Sunnyvale; or (b) Ensure that the proposed use is desirable, and will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the zoning district. Any such permit likewise may be denied upon a finding that said permit, as requested, will not meet the foregoing standards for approval. . Staff was able to make the required Findings based on the justifications for the Use Permit. The justifications are located in Attachment 2. Conditions of Approval As part of the review process, staff may recommend Conditions of Approval be placed on an application. These conditions clarify or modify the applicant's proposal in order to meet requirements imposed by the Municipal Code, policies and standards set forth by the General Plan, Special Plans and the City Council and other specifications that staff believes will enhance the visual character and/or add greater diversity to the City. The recommended Conditions of Approval are located in Attachment 3. . Staff is recommending approval for this project based on the Findings (Attachment 2) and subject to the Conditions of Approval (Attachment 3). Fiscal Impact No fiscal impact other than normal fees and taxes are expected. Public Contact Notice of the Mitigated Negative Declaration and the public hearings for this project were published in the Sun newspaper, posted on the site and mailed to the property owners within 300 feet of the project site. No comments have been received on this project. Alternatives 1. Affirm the Mitigated Negative Declaration and approve the Use Permit with conditions in accordance to staff recommendation. 2. Affirm the Mitigated Negative Declaration and approve the Use Permit with modifications. 3. Affirm the Mitigated Negative Declaration and deny the Use Permit. 4. Do not affirm the Mitigated Negative Declaration and direct staff as to where additional environmental analysis is required. Recommendation Alternative 1 http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.httn 03/08/2001 PC Report 1998-0441 Page 12 of 14 Prepared By: Katrina M. Rice, Project Planner Reviewed By: Fred Bell, Principal Planner Reviewed By: Trudi Ryan, Planning Officer Attachments: 1. Mitigated Negative Declaration 2. Findings 3. Conditions of Approval 4. Site and Architectural Plans 5. Written Explanation and Justification 6. Letter from the Applicant 7. Housing Mitigation Policy 8. Traffic Impact Analysis Findings - Use Permit 1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale as the project maintains a diversity of industrial uses to sustain and bolster the local economy. The proposed use supports industrial uses in the area that cannot be served within the capacities o existing facilities. 2. The proposed use is desirable, and will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the Zoning District because as conditioned, adequate setbacks, landscaping, parking and architectural design are incorporated into the proposal. Conditions of Approval - Use Permit In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Permittee expressly accepts and agrees to comply with the following conditions of approval of the Permit: 1. The Conditions of Approval shall be reproduced on one page of the plans submitted for a Building Permit for this project. 2. Execute a Use Permit document prior to issuance of a Building Permit. 3. Any major site and architectural plan modifications shall be treated as an amendment of the original approval and shall be subject to approval at a public hearing before the Planning Commission, except that minor changes of the approved plans may be approved administratively by the Director of Community Development. 4. All exterior trash shall be confined to approved receptacles and enclosures. http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htrn 03/08/2001 PC Report 1998-0441 Page 13 of 14 a. Provide trash enclosures that are a minimum of 6 feet high and enclosed on all four sides, of a design, approved by the Director of Community Development prior to issuance of a Building Permit. Install enclosure prior to occupancy. b. The enclosure shall match the design, materials and color of the building nearest the enclosure. 5. The Director of Community Development shall approve any proposed fencing and/or walls as to design and location. 6. Specify compact parking spaces on Building Permit plans. All such areas shall be clearly marked prior to occupancy, as approved by the Director of Community Development. 7. A total of 10 percent preferential parking spaces shall be reserved and so marked in the closest possible rows adjoining the buildings (allowing for visitor, disabled and pool van parking) for exclusive use by carpool vehicles carrying at least two employees per vehicle. 8. The landscape and irrigation plans shall be submitted to the Director of Community Development for approval prior to issuance of a building permit. Landscaping shall be planted prior to occupancy. The landscape plan shall include the following elements: a. Provide at least an equal amount of landscaping to what is existing on the site (101,597 square feet). b. Provide a minimum size of 24"-box replacement tree for the street tree removed. c. Provide a minimum size of 24"-box trees for at least 15% of all trees planted. d. Provide trees at a minimum of 30 feet intervals along the side property lines, except where mature trees are already present or located on immediately adjoining property. e. Provide trees at minimum 30 feet intervals along the center of all double parking bays. f. Provide undulating mounds along street frontages to 3 feet in height. g. Deciduous trees shall be provided along south and west exposures of buildings for passive solar heating purposes. h. Ground cover shall be planted so as to ensure full coverage eighteen months after installation. i. All areas not required for parking, driveways or structures shall be landscaped. 9. Submit exterior lighting plan, including fixture and pole designs, for approval by the Director of Community Development prior to issuance of a Building Permit. Driveway and parking area lighting shall include the following: a. Sodium vapor (or illumination with an equivalent energy savings). b. Pole heights to be uniform and compatible with the area. c. Provide photo cells for on/off control of all security and area lights. http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-0441.htm 03/08/2001 PC Report 1998-0441 Page 14 of 14 d. All exterior security lights shall be equipped with vandal-resistant covers. e. Wall packs shall not extend above the roof or parapet of the building. 10. Consult with the Crime Prevention Division of the Public Safety Department for crime prevention measures appropriate to the proposed development prior to issuance of a Building Permit. 11. Project needs to incorporate urban runoff quality controls to mitigate possible discharge impacts. These include, but are not limited to parking lot and roof runoff controls (may be part of landscape design), proper drainage from decorative fountains, HVAC equipment and dumpsters. 12. Comply with Art in Private Development municipal code requirements prior to occupancy. 13. Comply with Housing Mitigation Policy prior to issuance of a Building Permit. 14. Bonds, certificate of deposit, or cash deposit in the amount of$6,648.50 (six thousand, six hundred forty eight dollars and fifty cents) shall be provided by the developer to the City of Sunnyvale prior to issuance of Building Permits for the developer's portion of the cost of traffic signal and median improvements to Kifer Road between Copper Way and Lawrence Expressway. Funds shall be released to the developer in five (5) years in the event that the roadway improvements are not implemented. 15. Provide benches (can be integrated with planters) at the main entry that are compatible to the architecture of the building. A__u_qust 24 Agenda I Agendas, Reports,and Minutes http://iserver.ci.sunnyvale.ca.us/community-dev/planning/pc/reports/98-044l.htm 03/08/2001 City-Wide Desi* gn Guidelines L_ k$01 MMU i _ ���� I�IIIIIIIII City of Sunnyvale ■ CI*ty=WI* de Design ' Guidelines ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Adopted by City Council June 23, 1992 Community Development Department City of Sunnyvale, California ■ i ■ ■ ■ ■ ■ Credits ■ City Council ■ ■ Patricia Castillo, Mayor Barbara Waldman, Vice-Mayor Stan Kawczynski Richard Napier Robin Parker Frances Rowe ■ Larry Stone ■ Planning Commission ■ David McKinney, Chair ■ Terry Whittier, Vice Chair Dianna Adair ■ Richard Bernhardt John Ellison John Miller ■ Jack Walker City Staff Contributing to City-Wide Design Guidelines ■ Thomas Lewcock, City Manager ■ William Powers, Director of Community Development ■ Trudi Ryan, Planning Officer David Gates, Principal Planner Lisa Grote, Principal Planner Gerri Langtry, Associate Planner Marlene Majidi, Urban Design Planner Brice McQueen, Associate Planner ■ Jo Ann Rouse, Associate Planner . Omid Shakeri, Associate Planner Mimi Whitney, Associate Planner Shetal Divatia, Planning Intern Theresa Blake, Principle Office Assistant Diana Perkins, Staff Office Assistant ■ Consultant Assistance ■ Ken Kay Associates ■ City-Wide Design Guidelines i Table of Contents Page Number Introduction 1 Site Design 3 - Setting ■ - Site Organization - Open Space Building Design 8 - Setback - Scale and Character - Architecture and Design - Accessory Utility Buildings - Roof - Material and Color Parking and Circulation 17 - General ■ - Parking Structures Landscaping 20 - General - Peripheral - Internal - Parking Lot - Fences and Walls Service Facilities 26 - General - Mechanical Equipment ■ - Loading - Lighting - Trash Enclosures Zoning Code References 31 Glossary 33 ■ City-Wide Design Guidelines iii ■ ■ ■ INTRODUCTION ■ ■ The economic vitality of any community largely depends upon its physical image and the quality of its environment and life. In the past two decades, the City Council and Planning ■ Commission of Sunnyvale increasingly have been interested in improving the overall image and enhancing the aesthetic quality of the City. ■ In 1969 the City Council adopted the basic goals and objectives for the City's ■ appearance. The goals and objectives were incorporated into the 1972 General Plan. ■ The goals were general, and do not provide detailed direction on site design and architectural issues. ■ In 1987 the City Council placed the preparation of the Community Design Sub Element ■ on the Legislative Calendar. The Sub Element established a set of specific City -wide ■ urban design goals and policies. Previously, specific design guidelines had been prepared only for designated areas such as Murphy Avenue and Lawrence/101. The City ■ Council adopted the Community Design Sub Element in 1990. Specific Guidelines will be developed for both the Mathilda Avenue Corridor and the El Camino Real Corridor. ■ Other areas, not yet identified, may also have specific guidelines prepared. ■ To implement the Community Design Sub Element goals and policies, the City Council ■ directed the development of the City-wide Design Guidelines. The City-wide Design Guidelines have been developed based on the Community Design Sub Element goals ■ and policies and include detailed direction on site and building design issues. ■ The City-wide Design Guidelines mainly address development projects on private ■ properties and are intended to: ■ • Enhance the overall image of the City • Protect and preserve the existing character of the community ■ Communicate the image the community desires ■ • Achieve a higher design quality ■ Sunnyvale, like many other communities in the San Francisco Bay Area, is trying to improve its physical image by increasing the design quality of development proposals. ■ To accomplish this, proposed projects will be subject to a more systematic design review. Compliance with the basic site and building design standards of the City's Municipal Code ■ alone will not guarantee project approvals. Acceptable proposals will have to ■ demonstrate above average design merit as expressed in the adopted Design Guidelines. ■ Protecting and preserving the existing desirable features of the City against potential negative impacts of new development is another challenge that the City has been facing. ■ Sunnyvale has the appearance of a predominately low intensity, low-rise residential community. Scarcity of vacant land has resulted in a desire on the development ■ community's part for higher density and intensity proposals. The City-wide Design ■ Guidelines are intended to create a balance between both protecting the existing neighborhood character and accommodating new developments. ■ ■ City-Wide Design Guidelines ■ ■ Introduction ■ The policies established in the City-wide Design Guidelines communicate the minimum ■ design qualities expected from development projects. These policies are not necessarily new or more stringent than current design review policies. In fact a great number of them ■ are presently applied in the project review process. The documentation of the policies provides project designers with a check list of areas of concern and should assist them ■ in designing higher quality projects and provide a more powerful tool to staff in the review process. Through approved guidelines, staff is better able to direct as approved to ■ suggest appropriate design for development. ■ The guidelines are a supplement to the City's Zoning Code, not a replacement. The ■ guidelines are intended to provide more design direction than the Zoning Code, however, they establish only the minimum acceptable design standards. Higher quality standards ■ and innovative design options are strongly encouraged by the City. ■ This document is divided into two segments: Non-industrial and Industrial Land Uses. ■ The Non-industrial segment is divided into five section. Each Section addresses a major project design component: Site Design, Building Design, Parking and Circulation, ■ Landscaping, and Service Facilities. Each Section is divided into several Sub-sections. Design policies and solutions are offered under each Sub-section. For better ■ communication of design concerns, concepts have been illustrated when possible. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 2 City-Wide Design Guidelines ■ ■ ■ Site Design ■ ■ 1. SITE DESIGN ■ New development shall adhere to the character of the existing neighborhood ■ and be integrated into the surrounding ■ development. New development shall not dominate or interfere with the established ■ character of its neighborhood. Site design of projects shall be cohesive both ■ functionally and visually. ■ ■ SETTING ■ Al. New projects shall be compatible with their ■ surrounding development in intensity, ■ setbacks,building forms, material, color, and landscaping. ■ A2. ■ Site design shall respect existing roadway ■ patterns and driveways. Align new curb cuts with existing driveways and streets for ■ streetscape continuity. • 4 ■ AS. NEW STRUCTURE Develop transition between projects with ■ EXISTING STRUCTURE ''--/ different uses and intensities to provide a - " cohesive visual and functional shift. Create ■ _ transition by using appropriate setbacks, ■ gradual building height, bulk, and ■ o landscaping. oe o e. A4. A3 Integrate perimeter landscaping with the ■ landscaping of adjacent developments for streetscape continuity. ■ A5. ■ Minimize paved areas for curb cuts and ■ parking on the street frontage of projects to maintain a continuous and attractive ■ streetscape. ■ ■ ■ City-Wide Design Guidelines 3 ■ ■ Site Design ■ A6. ■ Preserve natural site features such as mature trees, creeks, views, etc. and ■ incorporate into the site design of the new project (Tree Preservation ■ Ordinance). ■ A7. ■ Site design of projects shall protect existing nearby heritage structures and ■ trees. ■ AS. ■ Link on-site walkways to the public sidewalk system outside the project for �I ■ ease of pedestrian access. — ■ A9. Provide pedestrian links between ■ residential developments and nearby ■ employment and shopping centers, schools and parks to encourage ■ pedestrian activities. SITE ORGANIZATION A9 ■ B1. ■ Locate site components such as structures, parking, driveways,walkways, ■ landscaping and open spaces to ■ maximize visual appeal and functional efficiency. ■ B2. ■ Emphasize the pleasant components of the project such as existing trees and views, and disguise its less desirable ■ scenes such as loading and service areas through placement and design of ■ structures and landscaping. ■ ■ ■ ■ ■ 4 City-Wide Design Guidelines ■ ■ ■ Site Design ■ ■ 83. Siting of noise and odor generating functions ■ on a site shall not create a nuisance for the adjacent properties. ■ 84. ■ Orientation of non-residential buildings on a ■ site shall relate to each other and to buildings on adjacent sites for aesthetic ■ organization. The front of one building shall not face the back of another. ■ ■ B5. Do not dominate street frontage of projects ■ by surface parking to encourage pedestrian orientation and a continuous streetscape. ■ Limit paved areas on street frontages of ■ non-residential developments to one double row of parking and locate the rest of the parking elsewhere on the site. ■ 136. _ Where half or more of the parking is located ■ = at the rear of a retail/office building, provide main entries in the front and rear of buildings for convenient access. ■ 137. ■ i Site design of non-residential projects shall ■ �— have external orientation for a positive street B6 experience. Orient buildings toward public ■ streets and provide view corridors into the project site. View corridors may be provided ■ by controlling the spacing and angles of buildings on the site and by providing open ■ vistas and plazas. ■ B8. ■ Building facades in non-residential projects shall be lively and include windows and main ■ entries which face public streets for a pedestrian friendly environment. ■ 000. ■ o o ■ Bs ■ ■ City-Wide Design Guidelines 5 ■ ■ Site Design ■ B9. ■ Residential projects may have a primarily internal orientation for privacy, providing ■ that the site is visually linked with its surroundings by appropriate use of ■ landscaping and building siting. ■ B10. ■ Provide convenient and safe pedestrian and automobile access to the site from ■ adjacent streets. ■ B11. ■ Define site boundaries by landscaping and bands of decorative paving to ■ announce entry into the site. i4 ■ B12. 14 Develop focal point(s)for every project to - as11 ■ create a sense of identification. Plazas, I A ■ landscaping, water features, art works, ❑ ���� ri changes in pavement textures and levels, - ■ and building architectural features may r be combined to create focal points. s� p ■ O b B13. B12 Every project shall have a main entry, ■ defined by landscaping and other decorative features. Entries and focal` ■ points may be combined. ■ mob. B14. ■ Design multi-building residential complexes to differentiate between ■ private, semi-private and common ` spaces through building placement, ■ landscaping, gates, etc. Delineate each B13 ■ space for proper use and access by residents. ■ B15. ■ Design and locate a project's internal . circulation pattern for maximum ease of movement and a minimum of safety hazards. ■ ■ 6 City-Wide Design Guidelines ■ ■ Site Design ■ ■ B16. Consider energy efficiency in the siting of ■ buildings. Shading of structures along the east,west, and south walls is recommended. ■ ■ OPEN SPACE C1. Design every project site for maximum utility of open space for ventilation, sunlight, recreation and views for both new and ■ -V. existing buildings. ■ C2. In business parks and strip shopping C1 centers, open space areas may be part of ■ the focal points. ■ C3. ■ Open space areas may include benches, art, landscape, water, and hardscape features. ■ Common open space areas shall be usable for employees' and visitors' various outdoor ■ activities. C4. Provide private usable open space areas for each unit and common usable open space ■ for all units in attached single and multi- ■ family residential developments. ■ CS. Provide an average of 300 to 500 sq. ft. of ■ open space area per unit for every residential project. Private usable space is ■ encouraged. Private open space includes: ■ patios, porches, balconies, terraces, and decks. Minimum dimensions shall be 12 ft. ■ x 17 ft. Balconies may not be smaller than 7 ft. x 12 ft., and porches and decks shall be ■ at least 10 ft. x 12 ft. ■ ■ City-Wide Design Guidelines 7 ■ ■ Building Design ■ C6. ■ Provide direct access from the living unit to private open space. ■ C7. ■ Private open space in one unit shall not �11 be in the direct line of sight of othero°A � ■ units. Privacy may be provided by ° r4 y� ■ means of grade changes and staggeringA' a` •d of the balconies and patios, use of fences, walls, dense landscaping, and trellises. ■ C8. c7 Provide direct access to common usable ■ open space from all buildings. Common open spaces shall be usable for ■ recreational purposes. Landscaping strips of less than 50 ft. in width between buildings do not constitute usable ■ common open space. ■ 11. BUILDING DESIGN Buildings shall enhance the ■ neighborhood and be harmonious in character, style, scale, color and ■ materials with existing buildings in the ■ neighborhood. ■ SETBACK ■ Al. NEW STRUCTURE� ■ In non-residential areas, adjacent ■ buildings shall have compatible frontFr setbacks to maintain visual continuity of the streetscape. Setback infill projects in ! ■ areas with different front setbacks at a ■ distance equal to the average setbacks ; ■ of buildings on either side but still meet the minimum setback requirements of the ■ Zoning Code. Al ■ ■ 8 City-Wide Design Guidelines ■ ■ ■ ■ Bdilding Design ■ - A2. Provide variety in front setbacks, within a reasonable range,for single family detached residences and multi-unit attached building ■ within the same development to create diversity along residential streets. A3. ' Provide transition in setback distances for Z nin Districts i.e. NE■ STRUCIURES.: buildings in different o g A2 multi-family and commercial development ■ abutting each other, to maintain visual flow ■ along more travelled streets. COMMERCIAL ZONE I RESIDENTIAL ZONE A4. Non-residential buildings shall have a street ■ = ©. presence. Locate buildings as close to the setback lines as possible. ■ ■ SCALE AND CHARACTER . NEW STRUCTURE •� 1311. Break up large buildings into groups of ■ A3 smaller segments whenever possible, to appear smaller in mass and bulk. ■ `� 62. '~ Adjacent buildings shall be compatible in ■ � height and scale. Buildings and additions shall not shade more than 10% of the structures or open space areas on adjacent properties for proper solar access. ■ s�, a5 ■ 134. Buildings shall maintain similar horizontal ■ A and vertical proportions with the adjacent NEW STRUCTURE facades to maintain architectural unity. EXISTING STRUCTURE c 'f- ---- 9 ■ ■ O c °O o O p00 ° 0 134 City-Wide Design Guidelines 9 ■ ■ BuildinO Design ■ B5. ■ Step back upper stories of building 3 stories or taller from public roads and ■ adjacent low scale development to reduce the bulk impact. ■ 86. NEW ADDITION ■ Maintain the dominant existing scale of w ■ an area. Second story additions in a t v predominantly one story residential ■ neighborhood should appear as one rrr rrr story. rrr rr LL4 ■ B7. Placement of windows and openings on B6 ■ second story additions shall not create a direct line of sight into the living space or ■ the back yard of adjacent properties to ■ maintain privacy. B8. ■ In non-residential buildings maintain ■ visually interesting activities at the street level by placing active facades with ■ windows and openings on the street side ■ to promote pedestrian activities. ■ B9. Interrupt front facades on large structures ■ by various architectural elements such as ■ trellises,balconies,steps, openings, etc., about every 30 ft. to appear smaller in ■ scale. . _ B10. B9 Choose inset, multi-pane windows over a continuous band of single pane windows, ■ to create a sense of scale. NEW ADDITION B11. ■ Maintain the scale and character of the ■ existing main structure in building ! additions by retaining similar proportions and rhythm present on the main r-rrr- T« ! rrr r Ir ■ structures. B11 ■ 10 City-Wide Design Guidelines ■ ■ Building Design ■ ARCHITECTURE AND DESIGN ■ C1. Maintain diversity and individuality in style ■ but be compatible with the character of the ■ _ _ neighborhood. ■ C2. In areas where no prevailing architectural ■ style exist, maintain the general neighborhood character by the use of similar ■ C1 scale, forms, and materials providing that it ■ enhances the neighborhood. ■ Ca. Develop a comprehensive architectural ■ theme for multi-building complexes. Unify ■ various site components through the use of similar design, material, and colors. C4. ■ "Corporate architecture"and generic designs are not recommended. Design each project ■ specifically with respect to its own. ■ surrounding environment. T Buildings shall have three distinct ■ d„p components: base;middle; and,top. Define ■ each component by horizontal and vertical articulation. /16 ■ �'`j' Link buildings and sites together by proper cs building orientation, landscaping, and ■ �� similarly designed building and site ■ components. ■ C7. Utilize landscaping around the perimeter of ■ new buildings to enhance buildings, not to ■ Duo cover an unacceptable design. ■ C6 ■ City-Wide Design Guidelines ■ ■ Building Design ■ C8. ■ Non-residential buildings on corner lots shall demonstrate a strong tie to the Q ■ public streets. Enhance street corners by special design features such as tower �` ■ elements, celebrated main entrances, or landscape features. Residential buildings j r Bill ■ shall create a tie to the public streets by proper siting and by landscaping. - - ■ C9. Include decorative building elements in C8 ■ the design of all buildings. Add more ■ interest to buildings by incorporating changes in wall plane and height, ■ arcades, porticos, trellises, porches, balconies, dormers, windows, opening, ■ etc. C10. Repeat design and decorative building elements in all elevations and the roof, if ■ not just in the front facade. �f ill �i ` u " C11. ■ Windows and openings shall be -- consistent with the architectural style of C10 ■ buildings and maintain similar proportions and rhythm with those on adjacent ■ buildings. ■ C12. ■ Provide clear windows on street level on retail buildings to create interest for ■ pedestrians. C13. -- Define building entries by use of human scale architectural elements such as ■ arches, posts, awnings, etc. Orient main entries toward public streets. ■ C14. , Awnings and canopies shall be ■ compatible with the building design. C13 ■ ■ 12 City-Wide Design Guidelines ■ ■ ■ Building Design ■ C15. ■ Awnings shall not cover or replace facade ■ articulation by wrapping around buildings in continuous bands. Place awnings only on ■ top of doors, windows and other openings. ■ `�' •r` C16. ■ - - _ In multi-unit residential projects, cluster unit i small numbers nd incorporate entrances n sma a po ■ _ "' - _ - into the architectural design of the building. � - Avoid long balconies and walkways on the ■ C15 exterior of buildings. ■ C17. ■ _ Design fire escapes and exterior stairs, elevator shafts, and balconies as part of the ■ l ��lll I , ++ � building, not as separate elements. ■ ` D�y1 c rA '- C18. Consider privacy in placement of windows ■ on adjacent structures in residential areas. Stagger windows, use high, frosted, or no windows where privacy is a concern. � c1s ■ C19. Orient primary living areas in residential ■ buildings toward private open space and views. ■ ACCESSORY UTILITY BUILDINGS ■ ■ D1. Accessory buildings must comply with the ■ requirements of Section 19.40.042 of the Municipal Code. ■ ■ D2. Do not locate accessory buildings in front setback areas between the main structures and public streets. ■ ■ ■ ■ ■ City-Wide Design Guidelines 13 I ■ Building Desi_an ■ D3. The style, material, and color of ■ accessory buildings visible from public ■ streets shall be the same as those of the main structures. D4. ■ Accessory buildings shall be proportional to the main structures in size and bulk.Avoid dominating dominating site areas by accessory ■ buildings. D3, D4 ■ D5. ■ Carport design, materials, and colors shall be the same as main buildings. ■ Enclose side elevations of carports to screen support columns on both ends. ■ D6. ■ Where carports back up to public streets ■ or public view, provide rear carport walls to screen cars. ■ D7. ■ Include facias in carport roof design to screen support beams and trusses. D8. ■ Carport roofs shall mimic roof design of ■ the main building. ■ D9. ■ Support columns shall be proportional to the structure in carports (match stick columns are not acceptable). ■ ROOF ■ Ell. ■ New roofs shall be consistent in form and shape with the dominant roof form in the - - ■ neighborhood. - - ■ ■ E1, E2 ■ ■ 14 City-Wide Design Guidelines ■ ■ ■ Building Design ■ ■ E2. Retail and commercial buildings in, or ■ adjacent to residential neighborhoods, with j r predominantly gabled roofs, shall have ■ ��1 gabled roofs to create a residential scale and character. ■ _ ' - � E3. Long horizontal roof lines are not ■ acceptable. Interrupt roof line by E4 architectural treatment and features. The ■ maximum allowable unbroken roof line is 30 ■ feet. ■ 11 E4. _ Vary roof levels and forms on a large ■ - building to create diversity and to decrease ■ �, _ _� the apparent scale of the building. ■ �`�_�—_--- \ice _ E5. Include roofs on all elevations, not just on ■ the front facades of buildings. Roof forms shall express entrances to buildings. ■ E5 ■ E6. Roofs shall be an integral part of building ■ design. False mansard roofs are not acceptable. ■ E7. Include architectural elements such as ■ projecting cornices in design of flat roofs to define the edge of the roof. ■ E8. ■ Es, Es Standing seam metal mansard roof design is ■ strongly discouraged. ■ ��, E9. Parapets and roof screens shall be ■ integrated architecturally into building ■ M designs. Placement, material, and color of roof screens shall not impact the building ■ 8} ' son I architecture or roof form. ■ E7 ■ City-Wide Design Guidelines 15 r ■ Building Design E10. Obtain a true shadow effect where non- ■ wood shingles are used by using ■ materials with more depth and texture. ■ MATERIAL AND COLOR ■ F7. ■ Develop a comprehensive material and color scheme for each project to tie in the various parts of the project. Choose variety of colors and materials to add ■ interest to buildings. - ■ F2. ■ Avoid large expanse of smooth surfaces such as concrete or glass. Use materials ■ with a sense of scale and texture. ■ F3. ■ Avoid large expanse of highly reflective surfaces and mirror glass exterior walls to prevent heat and glare impacts on the adjacent public streets and properties. ■ F4. ■ Choose high quality materials and paint ■ to prevent degradation and for ease of maintenance. ■ F5. ■ Use wrought iron, cast iron, or high ■ quality wood for decorative features and trims. ■ F6. ■ Coordinate exterior colors of adjacent ■ structures on the same or adjacent sites. ■ F7. Use strong, bright contrasting colors for ■ ornaments and accent only. ■ ■ ■ ■ 16 City-Wide Design Guidelines ■ r ■ ■ Parking and Circulation r F8. Coordinate color and material of building r additions with those of the principal structure. ■ ■ F9. Wall and ground sign design, material, and color shall be compatible with the principal building on the site. ■ ■ 111. PARKING AND CIRCULATION ■ Project site shall be conveniently accessible to both pedestrians and ■ automobiles. Sufficient off-street parking ■ shall be provided for every project On- site circulation patterns shall be designed ■ to adequately accommodate traffic. Potential negative impacts of parking ■ areas on adjacent uses shall be minimized and mitigated. ■ ■ � GENERAL r Al. Y ■ _ `��, , ,_ Minimize the use of surface parking in large �. office complexes and multi-family ■ �' - - _ developments to preserve open space and reduce visual effects. Below grade parking ■ — � facilities are encouraged. A2. ■ Al When surface parking is unavoidable,cluster ■ parking spaces into small parking areas, dispersed around the site, to avoid large ■ paved expanses. ■ ■ ■ ■ ■ ■ ■ City-Wide Design Guidelines 17 ■ ■ Parking and Circulafion ■ A3. ■ Limit curb cut entries into project sites to maintain sidewalk and streetscape M ■ continuity. Shared driveway access on adjacent non-single family properties is ■ encouraged. ■ M. ■ Design internal driveways for safety and convenience. For dimensional standards "IA ■ and requirements on driveways and parking spaces refer to Section AH ■ 19.48.210 of the Zoning Code. ■ A5. ■ Appropriately stripe parking stalls to indicate handicapped and compact ■ spaces. ■ A6. ■ Avoid parking in required setback areas to maintain landscape strips along project boundaries. ■ A7. ■ Separate pedestrian and automobile traffic paths, and minimize conflict areas : ■ for safety. ■ A8. I = ■ Provide walkways to connect parking lots to building entrances. Define walkways ■ by landscaping, lighting and paving. A9. �.:. ■ Large developments shall provide I ■ sufficient bicycle parking and covered AS lockable racks close to building entrances. ■ ■ ■ ■ ■ ■ 18 City-Wide Design Guidelines ■ ■ ■ Parking and Clrculatron ■ ■ A10. Long term storage of recreational vehicles ■ and boats on front driveways of residential buildings is discouraged to avoid visual ■ impacts on the neighborhood. Covered permanent parking areas/storage areas are ■ recommended. ■ All 1. ■ No more than 50% of the front setback area cam be paved for driveways in single family ■ residential projects (Section 19.40.60) to ■ maintain landscaping along residential streets. ■ PARKING STRUCTURES ■ ■ B7. Large Commercial parking structures are not ■ recommended in, or adjacent to, detached single family residential areas. ■ B2. ■ Incorporate both horizontal and vertical ■ articulations in visible facades of parking structures to reduce bulk and mass problem. B3. ■ Elevation designs shall maintain similar ■ proportions and rhythm of architectural elements with those on adjacent buildings ■ for architectural harmony. ■ B4. Utilize the street level of parking structures ■ for retail uses, or screen by dense ■ landscaping and berming for visual relief. ■ ■ ■ ■ City-Wide Design Guidelines 19 ■ ■ Landsc,..ging ■ IV. LANDSCAPING ■ Landscaping shall be used to enhance sites and buildings, control climate and noise, create transiffon between ■ adjacent uses, unify various site ■ components, and define and separate functions and activities. ■ ■ GENERAL ■ Al. ■ Landscape design shall demonstrate a concept and link various site ■ components. Placement and type of plant materials shall relate to the site and ■ buildings. ■ A2. M1 ;:,::: ■ Preserve and incorporate existing natural �� EXISTING TREES features, particularly trees, on a site into ■ the landscape design of projects (Tree Preservation Ordinance). A3. IRMO= Use of a Certified Arborist or landscape ■ architect to protect existing trees during A2 construction is encouraged. ■ A4. Properly landscape all areas not covered ■ by structures, driveways, and parking. ■ A5. ■ Landscaping shall always consist of live plant material. Use of colored rock, ■ wood bark, and gravel in place of landscaping is not acceptable. ■ ■ ■ ■ 20 City-Wide Design Guidelines ■ ■ Landscaping ■ ■ A6. Choose a variety of plant material with ■ different textures and colors. Use water- wise plant material, as specified in the ■ Landscape regulations. ■ A7. ■ Install a minimum of one tree for every 300 sq. ft. of landscaping. Minimum tree size is ■ 15 gallon (Section 19.46.050i). Certain ■ percentage of trees shall be specimen size. ■ AS. All shrubs shall be a minimum of 5 gallons. ■ One gallon size shrubs may be used for accent planting and ground cover (Section ■ 19.46.050i). ■ A9. ■ Landscaping shall always combine trees and shrubs with living ground cover. ■ Alf}. ■ Use of appropriate native vegetation is ■ encouraged. Use water conserving plant material in 70% of all landscaped areas. ■ Al 1. ■ Install permanent irrigation system in all ■ required landscaped areas except in single family and duplex residences (Section ■ 19.46.50g). ■ Al2. Install street trees along street side of ■ projects according to the Department of ■ Public Works requirements. ■ A13. Incorporate design and location of walls and ■ �"3 fences into the landscape design of projects. ■ Al2 ■ ■ ■ ■ City-Wide Design Guidelines 21 ■ ■ Landscaping ■ A14. Focal points and highly visible areas of the site shall receive special landscape treatment. r A15. ■ Incorporate all site furniture including planters, tree grates, newspaper racks, and light fixtures into the landscape design of projects. ■ A16. ■ Site furniture and light fixtures shall follow the same design concept as the major structures on the site. A17. ■ Always enhance automobile and pedestrian traffic paths by landscaping. PERIPHERAL ■ B1. Provide a minimum of a 15 ft. wide ■ landscape strip along the public street side of all developments, except for single family residences (Section 19.46.50c). Landscape strips of more than 15 ft. are strongly encouraged to ■ enhance public streetscape. ■ B2. ■ Provide a minimum of a 4 ft. wide landscape strip along the sides and rear of all projects, except for single family detached residences and duplexes ■ (which have different requirements). B3. Provide a minimum of 10 ft. wide landscape strip, plus a decorative ■ masonry wall at least 6 ft. high, between ■ all non-residential development and abutting residential uses (Section ■ 19.46.50e). ■ ■ 22 City-Wide Design Guidelines ■ ■ Landscaping ■ . INTERNAL C1. Provide landscaped areas equal to approximately one fourth of the total square ! footage of each dwelling unit, per unit in all residential developments except for single ■ family detached and duplexes (Section 19.46.50a). ■ C2. ■ Provide landscape areas equal to a ■ minimum of 12.51% of the floor area in all commercial development (Section ■ 19.46.50a). ■ PARKING LOT D1. Adequately landscape all parking areas to reduce the effects of heat and glare from paving, and for visual relief. ■ D2. t Fully screen parking lots adjacent to public streets by landscaping and berming. Screening shall be at least 3.5 ft. high at the street level and must by at least 15 ft. wide. ■ ■ D3. Provide a combination of a 15 ft. wide landscaping strip and a 6 ft. high decorative wall in parking lots abutting a residential use, or across the street from a residential use. ■ ,�,,�;:: D4. Fully screen below grade parking from public view at street level by landscaping and ■ ,�' berming. S r'- D5. Landscaping may be incorporated into the ■ `�_ design of parking structures to soften the ■ r ,�/ facades and to screen cars. ■ D5 ■ City-Wide Design Guidelines 23 ■ ■ Landscaaing ■ D6. Driveway entrances shall receive special ■ landscape treatment to break up paving ■ expanses and to define the site entrance. ■ D7. Landscape at least 20% of the parking ■ area (Section 19.46.50d). D8. ■ Provide landscape islands all through parking lots. Islands shall be minimum of D6 ■ 6 ft. wide and shall be continuous between double rows of parking spaces. - ■ D9. ■ Provide a minimum of one tree for every = ■ 7 parking stalls (Section 19.46.050d). I. Always combine trees with shrubs or ■ ground cover in islands. 44 D10. Landscape islands are preferred to tree ` wells. Where tree wells are provided, D8 ■ they shall be a minimum of 5 ft. by 5 ft. in dimension (Section 19.46.050d). ■ D11. A minimum 6 in. high poured-in-place concrete curb shall be provided around all landscaped areas to protect ■ landscaping from automobiles (Section ■ 19.46.050d). ■ FENCES AND WALLS ■ E1. ■ Fences and walls shall be compatible in style and material with the main ■ structures on a site. ■ E2. To avoid the monotony of long solid walls ■ and fences around the perimeter of projects, variation in height, texture, and color is recommended. ■ ■ 24 City-Wide Design Guidelines ■ ■ ■ LandsCapin_g ■ ■ E3. Signs, lights, and other street furniture incorporated into the design of fences and walls are encouraged. ■ E4. ■ For front'yard fences in residential areas, open decorative type fences, such as picket, post, and rail are preferred. ■ E5. ■ Privacy fences over 6 ft. high in residential ■ areas shall consist of lattice work for that portion of fence being over 6 ft. high. ■ E6. ■ Chain link and barbed wire fences are not . allowed in residential areas. In non- residential areas chain link fences are acceptable on school grounds and within parks. ■ E7. ■ Screening devices shall always be made of opaque materials such as wood or masonry blocks. E8. ■ Fences and walls used for noise control ■ shall be made of materials most suited for noise reduction, and which minimize reflective sound. E9. Security fences and gates shall be of an ■ open type to allow for maximum visibility of the secured area. Wrought iron and cast iron fences are recommended for security fences and gates for all uses. ■ ■ ■ ■ ■ ■ City-Wide Design Guidelines 25 ■ ■ Service Facilities ■ V. SERVICE FACILITIES ■ Service areas shall be designed and ■ located for maximum function and minimum impact on adjacent uses. ■ ■ GENERAL Al. ■ Locate service areas and drives away ■ from public streets and nearby residential uses. Place service facilities in the least ■ visible areas. ■ A2. Provide convenient access for all service ■ and emergency vehicles. Separate ■ service drives from other on-site circulation patterns when possible. ■ A3. ■ Fully screen all service facilities from the r public street and adjoining properties. ■ A4. ■ Screening devices shall have a similar ■ design and material to the main structures on the site, and shall be A3 ■ incorporated into the site design of the ■ project. ■ AS. Fences, walls, dense landscaping, ■ berming, or any combination of the ■ above, may be used to screen service areas and facilities. ■ MECHANICAL EQUIPMENT ■ B1. IN Avoid locating mechanical equipment in ■ front setback areas between the public street and buildings (Section 19.40.30). ■ ■ ■ 26 City-Wide Design Guidelines ■ Service Facilities ■ B2. Locate mechanical equipment far enough from adjacent properties to not cause noise problem. Noise level at property line mayor ■ adjacent to residential areas and 75dBA in ■ commercial areas. ■ B3. Fully screen roof top equipment by parapet ■ ,� walls or a roof well on all four sides. ■ B4. ■ Avoid individual screening of a group of equipment on a single roof. Contain all ■ equipment within same roof screen. ■ as, LOADING ■ C1. ■ Provide loading areas in all non-residential development according to requirements of ■ Section 19.48.270 of the Zoning Code. ■ -- C2. Keep loading areas clear of automobile and pedestrian traffic (Section 19.48.280). ■ - Provide adequate facilities for loading _ activities for loading activities and truck ■ traffic to minimize disturbance of other ■ functions on the site. ■ _ C3. 71 Loading areas may not be adjacent to, or be ■ visible from, residential uses. C2 ■ C4. ■ Loading docks and doors shall not face or be visible from public streets (Section ■ 19.48.290). AV ■ C4 ■ City-Wide Design Guidelines 27 ■ ■ Service Facilities ■ C5. ■ Integrate loading door design into the design of the building. Avoid using poor quality materials and odd colors for roof- up doors. ■ C6. ■ Concentrate loading docks and doors on ■ one side of the building. in multi-building complexes, provide an internal service yard where all loading activities take place. _f7 C7. UW_M_=T c:::n Outdoor storage of goods is not allowed. ■ Store all goods within designated C6 enclosed storage areas. ■ LIGHTING ■ D1. ■ Light fixture design shall be compatible ■ with the design and the use of the principal structure on the site. ■ D2. ■ Incorporate placement of light fixtures ■ into the landscape scheme of the project. Show location and type of all exterior ■ lights on the landscape plans. ■ D3. ■ Height of the light poles shall be appropriate for the project and the surrounding environment. Height of the light poles shall not exceed the main ■ building height. M. Use ballard type luminaries, maximum of 8 ft. high, for pedestrian and residential ■ areas. Parking lot light poles shall not exceed 16 ft. in height. ■ ■ ■ 28 City-Wide Design Guidelines ■ ■ Service Facilities ■ D5. ■ Shield light sources to prevent any glare or ■ direct illumination on public streets or adjacent properties. ■ D6. ■ All area lights shall be energy efficient type ■ (High Pressure Sodium or equivalent). ■ D7. All on-site pedestrian and automobile traffic ■ areas shall be well lit for safety and security. ■ TRASH ENCLOSURE ■ Ell. All multi-family projects of 4 or more units and all non-residential developments shall ■ provide for adequate storage of trash and ■ recyclable materials in containers in enclosed areas (Section 19.46.040b). ■ E2. ■ Trash enclosures shall be conveniently ■ accessible by collection trucks. Access driveways shall be a minimum of 16 ft. in ■ width. ■ E3. Enclosures shall not be located in setback, ■ landscaped or parking areas (Section 19.46.040j). E4. Provide adequate turnaround areas for ■ collection trucks on non-through streets. ■ E5. ■ Provide a concrete pad in front of and within enclosures to prevent damage to pavement. ■ ■ ■ ■ ■ ■ City-Wide Design Guidelines 29 ■ ■ Service Facilities ■ E6. In multi-family developments, locate ■ enclosures within 250 ft. of each unit for users convenience (Section 19.46.040k). ` `"� � '�, ■ a E7. Trash enclosures must screen trash =_ _=- __--_-=_ ■ containers on all 4 sides. The height of enclosures shall fully screen the containers and shall be a minimum of 6 ft. high. ■ E8. ■ In mufti-family developments, provide a E7 roof for enclosures when visible from any upper story. ■ E9. The style, material,. and color of ■ enclosures shall be-similar to those of ■ the main structure. ■ E10. Enclosures shall be made of masonry ■ and match the main building in finish and ■ color in Commercial Zones. Residential enclosures may be wood, painted to match the main building. ■ E11. Steel enclosure gates in commercial ■ areas and wood enclosure gates in residential zones are required as a minimum standard. ■ ■ ■ ■ ■ ■ ■ ■ so City-Wide Design Guidelines ■ ■ ■ ■ Zoning Code References ■ ■ ■ ■ 19.40.030 Building heights increased ■ 19.40.060 Limitation on paved surfaces in R-0 and R-1 Districts - required front yard ■ 19.46.040 Recycling and trash enclosures ■ ■ 19.46.050 Landscaping and usable open space 19.48.210 Parking area standards 19.48.230 Driveways ■ 19.48.250 Parking not served by aisle ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ City-wide Design Guidelines 31 ■ ■ ■ ■ Glossary ■ ■ Activity The movement of people walking, playing, window shopping, ■ shopping, dining, etc., adding interest and excitement to areas . of the city. Articulation Variations in the depth of the building plane which break up monotonous walls and create interesting patterns of light and ■ shadow. ■ Buffer A transition area between two land uses. Bulk and Mass The more surface area of a building seen at one time, the more ■ "bulky" a building will appear to be. Further, the more a structure extends above its surrounding, the more likely it will be ■ perceived as being "massive". Both elements,surface area and . height, are necessary to create an impression of bulk. Both are also relative measures and depend on the mass of surrounding ■ development. ■ Character Special physical characteristics of a structure or area that set it ■ apart from its surrounding and contribute to its individuality. ■ Cluster An assemblage that concentrates in specific areas. Compatible Elements or buildings that are in harmony with their surroundings and retain an individual identity while being ■ perceived as part of a homogenous whole. ■ Continuity Continuity depends on the treatment of transitions and the joints between house and ground, corners, gateways between spaces and decision points on a pathway. Transitions are often the ■ most noticeable feature at the outdoor scale. They must be articulate if the spaces are to be readable and coherently jointed. (Lynch) ■ Density Number of form elements per area. ■ ■ ■ ■ City-Wide Design Guidelines 33 ■ ■ Glossary Design Criteria A set of functional and aesthetic standards formulated to serve ■ as a basis for the evaluation of design proposals. Districts Areas of a City which have a unique character which is ■ identifiable as different from surrounding areas because of distinctive architecture,streets, culture, landmarks or the type of ■ activities and land uses. ■ Diversity Elements that are different from one another and have various ■ forms of qualities. ■ Goal A statement of public purposes that establishes a general direction of effort on a comprehensive city-wide level and ■ indicates the ends to be achieved by various actions. Identity A quality of sameness that makes a city, place or building ■ unique and gives it a distinguishing character. ■ Image The mental picture of a city or place taken from memory and based on subjective experience. Integrated Design Design elements appearing to have some relationship to the ■ other elements. ■ Linkage Two kinds: one links each space to another, the other links the activities. The relationship of each should be clarified to ■ encourage flow. ■ Lively Facade Active facade with openings. ■ Objectives A situation that us capable of both measurement and attainment, and instrumental in the realization of goals. Objectives range in focus from general city-wide concerns to ■ specific district proposals. ■ Open Space An area that is intended to provide light and air, and is designed ■ for either environmental, scenic or recreational purposes. Open Space (Usable) An outdoor or unenclosed area on the ground or on a roof, ■ balcony, deck, porch, pool area, patio or terrace designed and ■ accessible for outdoor living, recreation, pedestrian access or landscaping, excluding parking facilities, driveways, utility, ■ service or storage areas. ■ ■ 34 City-Wide Design Guidelines ■ r ■ GIOSSaIY ■ Opportunity A situation wherein impending physical change or solutions to critical problems presents a chance to achieve a particular objective. ■ . Orientation An understanding or position relative to other. A space composed by proper oriented elements has a certain order. Path The channels along which the observer customarily, occasionally, or potentially moves. They may be streets, walkways, transit lines, canals, railroads. (Lynch) ■ . Plaza A general course of action leading to the realization of goals and objective, and indicating priorities to serve as a guide for decision making. ■ ■ Policy A general course of action leading to the realization of goals and objectives, and indicating priorities to serve as a guide for decision making. Proportions Functional and decorative elements that are in scale with each . other. . Rhythm A repetition of architectural features. ■ Scale The relative relationship in size of buildings and other objects to one another. ■ ■ Sense of Arrival A final destination within the sequence. Sense of Entry A gateway where one moves from outside to inside, an arrive zone. ■ Sense of Identification A sense of uniqueness. Visual forms that will make it ■ distinguishable from its surroundings. Street Presence To tie-in with or be a part of streetscape. Transition The passage from one condition to another. ■ ■ s ■ ■ City-Wide Design Guidelines 35