Chapter 17.06
DESIGN REVIEW
Sections:
17.06.030 Application review—Planning commission.
17.06.040 Application review—Community development director.
17.06.050 Projects exempt from design review process.
17.06.060 Design review submittal requirements.
17.06.070 Posting of the site.
17.06.100 Expiration and extension of approval.
17.06.110 Appeals and appeal fee.
17.06.150 Chapter application.
17.06.010 Purpose.
It is the intent of the city council in enacting this chapter to promote the public health, safety and general welfare by establishing such procedures and providing such regulations as are deemed necessary to preserve existing areas of natural beauty and cultural importance; to assure that buildings, structures, or other developments are in good taste, good design, harmonious with surrounding developments and in general contribute to the preservation of Folsom’s reputation as a place of beauty, spaciousness and quality; to prevent the development of structures or uses which do not meet applicable design standards, are of inferior quality, or are likely to have a depreciating effect on the local environment or surrounding area by reason of appearance or value; to eliminate conditions, or structures, which by reason of their effect tend to degrade the health, safety or general welfare of the community; to provide a continuing source of programs and means of improving the city’s overall appearance; and to streamline the overall design review process. (Ord. 1109 § 2 (part), 2008)
17.06.020 Definitions.
In addition to the definitions listed in Chapter 17.02, the following definitions apply specifically to this chapter.
A. “Design guidelines” means project-specific guidelines prepared under the planned development permit process outlining comprehensive design criteria to ensure consistency in buildout of the project.
B. “Master home plans” means a layout of subdivision lots indicating placement of the various model units and elevations on individual lots.
C. “Model homes” means homes within a subdivision constructed on designated lots to serve as representations of homes that are available for individual purchase.
D. “Production homes” means homes that are reproduced throughout the subdivision, built for individual sale. (Ord. 1109 § 2 (part), 2008)
17.06.030 Application review—Planning commission.
A. The design and architecture of the following projects must be submitted to the planning commission for review and approval under the provisions of this chapter:
1. Office, industrial, and commercial development of one thousand square feet or greater in size;
2. Significant exterior modifications to existing office, industrial, and commercial structures including but not limited to:
a. Design changes to building facades (cornices, parapets, trellises, etc.).
b. Structural modifications to buildings.
c. Introduction of new building materials (veneer, wainscoting, brick, siding, etc.).
d. Alteration or relocation of building entryways.
e. Changes in roof design and materials;
3. Multifamily residential projects containing more than two units;
4. Single-family residential projects which are a part of a planned development or a tentative subdivision map;
5. Proposed project design guidelines and standards and revisions to existing design guidelines and standards.
B. The determination by the planning commission may be appealed to the city council pursuant to Section 17.06.110(B). (Ord. 1109 § 2 (part), 2008)
17.06.040 Application review—Community development director.
A. The design and architecture of the following projects must be submitted to the community development director for review and approval under the provisions of this chapter:
1. Office, industrial, and commercial development less than one thousand square feet in size;
2. Minor exterior modifications to existing office, industrial, and commercial structures including but not limited to:
a. Replacement of existing building materials with similar materials.
b. Replacement of existing doors and windows with similar or compatible doors and windows.
c. Modifications to the exterior color schemes.
d. Replacement of roof materials with similar roof materials;
3. Installation of landscaping and irrigation systems associated with new development projects, with the exception of single-family residential projects containing one unit that are not part of a planned development permit or tentative subdivision map;
4. Residential master home plans including elevation variations for production homes, placement of model homes on lots, and distribution of master home plans indicating placement throughout the subdivision previously approved by the planning commission;
5. Custom single-family homes;
6. Residential additions and exterior alterations that require a building permit;
7. A single-family residential unit that is not part of a planned development permit or tentative subdivision map;
8. Multifamily residential projects containing no more than two units.
B. The determination by the community development director may be appealed to the planning commission pursuant to Section 17.06.110(A). (Ord. 1109 § 2 (part), 2008)
17.06.050 Projects exempt from design review process.
The following types of projects are considered exempt from the design review process under this chapter:
A. All structures located within the area of the historic district which shall follow the guidelines of said district and be subject to design review process under Section 17.52.300;
B. Any development proposals located in the RMH zoning district;
C. Residential additions and exterior modifications that do not require a building permit;
D. Minor residential modifications including but not limited to: replacement of existing roof materials, replacement of existing windows and doors, changes to exterior building colors, additions of one hundred twenty square feet or less, patio covers and trellises, privacy fencing and walls, aboveground spas and hot tubs, and outdoor cooking facilities. (Ord. 1286 § 2, 2018: Ord. 1109 § 2 (part), 2008)
17.06.060 Design review submittal requirements.
The applicant shall file the following information with the community development department for review by the community development director or the planning commission:
A. Completed and signed application form including applicant’s name, address, telephone number, and agent authorization from the property owner if the applicant is not the property owner;
B. Application fee as established by resolution of the city council;
C. Site plan;
D. Building elevations and design plan;
E. Material samples and color board;
F. Recent photographs of the project site taken within thirty days prior to the submittal which accurately depict the project location;
G. Other material and information as requested by the community development director and/or the planning commission. (Ord. 1286 § 3, 2018: Ord. 1109 § 2 (part), 2008)
17.06.070 Posting of the site.
A. Upon application for design review of a project, the project site shall be posted five calendar days prior to the community development department director or planning commission review, with a notice, eleven inches by seventeen inches in size and visible to the public, indicating the project description and the time and place of the meeting or staff review.
B. Notice for design review of a project that either requires, or is part of a submittal that requires, public hearing shall also be given in accordance with the Folsom Municipal Code and state planning law.
C. Once a decision is issued pursuant to Section 17.06.090, a notice shall be posted on the city’s website not less than ten calendar days, stating the decision and the right to file an appeal under Section 17.06.110. (Ord. 1286 § 4, 2018: Ord. 1109 § 2 (part), 2008)
17.06.080 Plan evaluation.
A. In reviewing projects, the community development director or the planning commission shall consider the following criteria:
1. Siting of all structures and improvements as designated upon a scaled site plan, including all existing trees and easements on the project site;
2. Landscaping, fencing, and other screening as designated on a landscape and/or sprinkler plan featuring all existing trees and shrubs and proposed plantings, which shall comply with the tree preservation ordinance under Chapter 12.16;
3. Design of all circulation for automobiles, service and delivery vehicles, pedestrians, and bicycles;
4. Design of parking and loading facilities;
5. Screening of refuse and shopping cart storage facilities;
6. Details of fencing, and location of public works items such as curb cuts, curbs, gutters, sidewalks, sidewalk design, drainage, and fire hydrants;
7. Location, design, and intensity of all on-site exterior lighting;
8. Location and design of addressing system and/or graphics and mail delivery system;
9. Design of all open space areas;
10. Exterior elevations and/or perspective drawings of structures featuring building height, description of all building materials, building colors, screening of utility meters and mechanical equipment;
11. Design, placement, dimension, colors of all proposed signs and exterior graphics. This shall include building materials, lighting systems and intensity of signs and temporary signs and shall apply to all temporary as well as permanent signing;
12. Additions to patio area including, but not limited to, awnings, sunshades, and trellis;
13. Grading plans (minor or engineered) that meet with the requirements of the grading ordinance under Chapter 14.29 and are also consistent with the hillside development standards under Chapter 14.33;
14. Location of all easements including but not limited to: access easements, utility easements, drainage easements, reciprocal use easements, and open space/conservation easements;
15. Location of necessary firebreaks and fire apparatus access roads for the project site consistent with the requirements of the Folsom Fire Code under Chapter 8.36;
16. Review design and placement of facilities for disabled access;
17. Photographs of the project site and any surrounding properties potentially impacted by the proposed project;
18. Location and screening of roof-, ground-, and wall-mounted mechanical and telecommunications equipment, emergency generators, and similar equipment;
19. Any outdoor physical feature that could potentially impact the existing design of a structure on a project site.
B. In approving, conditionally approving, or denying an application for design review under this chapter, the community development director or the planning commission shall make the following findings:
1. Project compliance with the general plan and any applicable specific plans and zoning ordinances;
2. Conformance with any adopted city-wide design guidelines;
3. Conformance with any project-specific design guidelines and standards approved through the planned development permit process or similar review process;
4. Compatibility of building materials, textures and colors with surrounding development and consistency with the general design theme of the neighborhood. (Ord. 1109 § 2 (part), 2008)
17.06.090 Approval process.
The community development director or the planning commission, in exercising their design review authorities under this chapter, shall make the decision to approve, conditionally approve, or deny the application with findings based on the criteria established in Section 17.06.080. (Ord. 1109 § 2 (part), 2008)
17.06.100 Expiration and extension of approval.
A. A design review approval shall be null and void unless the applicant submits a complete application for a building permit within two years of the approval.
B. The community development director or the planning commission, in exercising their design review authorities under this chapter, may extend an approval for an additional six months for minor projects (projects subject to Section 17.06.040) and one year for major projects (projects subject to Section 17.06.030) upon receipt of a written request accompanied by a fee established by resolution of the city council. Requests for approval extension must be received before the original approval expires. (Ord. 1286 § 5, 2018: Ord. 1109 § 2 (part), 2008)
17.06.110 Appeals and appeal fee.
A. Any person dissatisfied with any action of the director of the community development department pertaining to projects in Section 17.06.040 may appeal to the planning commission within ten days after written notice of the director’s decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the director which specifies reasons for the appeal, and grounds asserted for relief.
B. Any person dissatisfied with any action of the planning commission pertaining to projects in Section 17.06.030, or its decision under subsection A of this section, may appeal to the city council within ten days after the rendition of the decision of the planning commission. The appeal is taken by filing a written notice of appeal with the director of the community development department which specifies reasons for the appeal, and grounds asserted for relief.
C. The city council shall, by resolution, adopt and, from time to time, amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
D. If appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived. (Ord. 1109 § 2 (part), 2008)
17.06.120 Appeal hearings.
After filing an appeal within the time and in the manner prescribed by Section 17.06.110, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date, and place of hearing shall be given to the appellant, the project applicant, property owners within three hundred feet of the subject property as shown on the last equalized assessment roll, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to said hearing. (Ord. 1109 § 2 (part), 2008)
17.06.130 Actions on appeals.
A. The planning commission or the city council, as designated under Section 17.06.110, shall review the entire proceeding or proceedings relating to the act or decision being appealed, de novo, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.
B. At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be provided to the appellant and the project applicant. (Ord. 1109 § 2 (part), 2008)
17.06.140 Violation—Penalty.
A person who violates this chapter shall be subject to the administrative penalties set forth in Chapter 17.03 of this title. (Ord. 1109 § 2 (part), 2008)
17.06.150 Chapter application.
Design review under this chapter shall apply only to the exterior architecture and design, and not to any interior portion, of a structure. (Ord. 1109 § 2 (part), 2008)