Chapter 10.54
DESIGN REVIEW PROCEDURES
Sections:
10.54.030 Guiding principles of design review.
10.54.040 Administrative design review permits.
10.54.050 Design review permits.
10.54.060 Submittal requirements.
10.54.010 Purpose.
Design review provides for review of the architectural and site plans of selected projects, as specified in SMC 10.54.040 (Administrative design review permits) and SMC 10.54.050 (Design review permits). In addition to the general purposes of this title, the specific purposes of this chapter establishing procedures and criteria for design review are as follows:
A. To promote the preservation of Sausalito’s unique visual character;
B. To preserve land values and investment through thoughtful architectural and site design;
C. To prevent the erection of unsightly or obnoxious structures, additions, alterations or signage;
D. To incorporate site considerations, adjacent uses, and area traffic circulation into the review of new construction or alterations to existing structures;
E. To minimize obstruction of public views and primary views from private property;
F. To minimize obstruction of light, air and privacy;
G. To minimize property clearing, excessive grading and destruction of trees and shrubbery. [Ord. 02-2024 § 1 (Exh. A), 2024; Ord. 1167 § 2, 2003.]
10.54.020 Applicability.
This chapter establishes thresholds for administrative design review and Planning Commission design review. Administrative design review permits shall be required and processed in accordance with SMC 10.54.040 (Administrative design review permits). Planning Commission design review permits shall be required and processed in accordance with SMC 10.54.050 (Design review permits). Properties designated on the local/State/National Historic Register and/or in a historic overlay district shall also receive a certificate of appropriateness pursuant to SMC 10.46.060 (Property and review requirements). No design review shall be required for projects that fall outside of thresholds contained in this chapter. Minor revisions to approved projects are not subject to this chapter and are instead governed by SMC 10.50.180 (Changes to an approved project).
Proposals that do not require an administrative design review permit or design review permit and fall below the thresholds stated in this chapter and meet or exceed all zoning requirements shall require a building permit, shall be subject to regulation under Chapter 10.52 SMC (Zoning Permits), and are exempt from design review under this chapter. [Ord. 02-2024 § 1 (Exh. A), 2024; Ord. 1261 § 10, 2018; Ord. 1205 § 40, 2012; Ord. 1167 § 2, 2003.]
10.54.030 Guiding principles of design review.
In carrying out the purpose of this chapter with respect to the external design of buildings, the decision maker(s) shall apply the following principles:
A. Architectural control shall be minimal, ensuring that purposes and objectives of this title are met, individual initiative is encouraged in building design, and substantial additional expense is not required.
B. Good architectural character is based upon the suitability of a building for its purposes; upon the appropriate use of sound materials; and upon the principles of harmony and proportion in the elements of the building.
C. Good architectural character is not, in itself, more expensive than poor architectural character, and is not dependent upon the particular style of architecture selected.
D. The relationship of a building to its surroundings is of greater importance than the quality of design of the individual structure. [Ord. 02-2024 § 1 (Exh. A), 2024; Ord. 1167 § 2, 2003.]
10.54.040 Administrative design review permits.
A. Purpose and Authority. Administrative design review permits may be approved, conditionally approved or denied by the Community Development Department. When administrative design review permits are requested in conjunction with one or more permits requiring Zoning Administrator review, administrative design review permits may be approved, conditionally approved, or denied by the Zoning Administrator.
B. Applicability. Selected project proposals require a lesser level of design review which shall be conducted by the Community Development Department (or Zoning Administrator where applicable). The Community Development Department shall review and act on applications for the following classifications of projects, for which Planning Commission review is not required for another concurrent application; provided, that the property is not subject to the provisions of Chapter 10.46 SMC (Historic Preservation) nor affects a historical resource as defined in CEQA Guidelines Section 15064.5. In the event of concurrent application for which Planning Commission review is required, or that the site is subject to the provisions of Chapter 10.46 SMC or the project is found to affect a historical resource, the application shall be subject to design review under SMC 10.54.050 (Design review permits).
1. Additions to single-family or two-family (duplex) residences where the addition results in a setback from any adjacent structure on a neighboring property of less than 10 feet.
2. Additions to multifamily residences, commercial structures, and industrial structures which increase the size of the structure by less than 10 percent, not to exceed 300 square feet, and which are consistent with the architectural style of existing buildings on the site.
3. Replacement of awning fabric on existing frames with fabric of a different color or modified signage.
4. Any elevated structures wherein subfloor plumbing, utility ducts, or mechanical equipment is exposed to view from adjacent properties or the public right-of-way.
5. Driveways in required side yard open spaces if not a part of an application which requires review by the Planning Commission.
6. Encroachment agreements (improvements in the public right-of-way) for the following items, if not part of other improvements requiring design review:
a. Major landscaping;
b. Stairs not on grade;
c. Driveways involving cut or fill of more than six feet;
d. Fences not exceeding 42 inches in height; and
e. Retaining walls not exceeding six feet in height.
7. Signs and awnings consistent with criteria developed by the Planning Commission and City Council as adopted by resolution.
8. Installation or reconstruction, other than repairing and re-striping, of a parking area of five or more spaces.
9. Application for building permits for the construction, renovation or extension of any pier or dock, or application to establish floats or dolphins for private pleasure craft in the R-2-2.5 zoning district.
10. Application for zoning permits for all buildings, decks, yards, and other improvements proposing a change in existing grade by cutting or filling greater than six feet in height.
11. Applications to construct fences that require the issuance of a building permit.
12. Applications to construct terraced or multiple retaining walls or slope stabilization projects that retain an aggregate of six feet or more of slope within any 10-foot horizontal interval.
13. Applications for properties identified on the local historic resources inventory proposing the following scopes of work require an administrative design review permit:
a. Demolition or removal of nonoriginal features of a building or site, including, but not limited to, additions, garages, and accessory structures.
b. Replacement of incompatible, previously replaced windows, doors or facade siding material if the replacement material is not compatible in appearance, color and profile to the existing or original material.
c. Removal or modification of original window or door openings on the primary or visible secondary facades.
d. Replacement or modification of side or rear stairs and railings if the replacement or modification material is not compatible in appearance, color and profile to the existing or original material.
e. The installation of a rooftop feature that is visible from the public right-of-way, including HVAC systems and skylights.
f. Any other work determined by the Community Development Director that will materially alter the significant features of a building.
In addition to the above applications, the Community Development Department shall have authority to approve design review permits that may otherwise be required under SMC 10.54.050 for any projects that are eligible for streamlined or ministerial review based on provisions of State law, and where a public hearing for oversight or design review is prohibited by State law.
C. Public Notice. The Community Development Department shall give public notice of the application, pursuant to SMC 10.82.020(B) (Public Notice – Administrative Design Review and Changes to an Approved Project).
D. Conditions. The Community Development Department may apply reasonable conditions of approval, consistent with SMC 10.50.100 (Recommended conditions of approval).
E. Findings. The Community Development Department may approve or conditionally approve an administrative design review permit if the findings specified in SMC 10.54.050(D) (Findings), and SMC 10.54.050(E) (Heightened Review Findings), as applicable, can be made.
F. Resolution and Notice of Decision. The Community Development Department shall prepare a written resolution which shall include all findings and applicable conditions of approval. Notice of decision shall be distributed to the owner, applicant, and all persons who submitted written comment on the application.
G. Appeal. Administrative design review permit decisions may be appealed to the Planning Commission within 10 days of the decision date. Appeals must be submitted in writing and shall be processed in accordance with Chapter 10.84 SMC (Appeals). Notice of appeals of staff decisions to the Planning Commission and the City Council shall be sent to all properties within 300 feet of the subject property.
H. Effective Date. Community Development Department staff and Zoning Administrator decisions of approval or denial of administrative design review permit applications shall become final 10 days after date of resolution, unless an appeal has been filed.
I. Referral to Planning Commission. The Community Development Director may refer an administrative design review permit application to the Planning Commission. Such referral shall be subject to public hearing, consideration, and approval or denial pursuant to the procedures specified by SMC 10.54.050 (Design review permits). Referral shall be at the discretion of the Community Development Director dependent upon policy implications, unique or unusual circumstances, the size of the project, or other factors determined by the Community Development Director to be significant enough to warrant Planning Commission review.
J. Expiration of Permit. Administrative design review permits shall expire two years following the effective date of the permit, provided no extension has been filed prior to the expiration date. [Ord. 02-2024 § 1 (Exh. A), 2024; Ord. 1261 § 11, 2018; Ord. 1210 § 1, 2012; Ord. 1205 § 41, 2012; Ord. 1200 § 3, 2009; Ord. 1167 § 2, 2003.]
10.54.050 Design review permits.
A. Purpose and Authority. Design review permits provide for discretionary review of the architectural and design features of selected projects for which design review is required, as established by this section. The Planning Commission may approve, conditionally approve or deny design review permit applications.
B. Applicability. Design review permits shall be required for applications for the following listed projects, or any projects that incrementally or cumulatively over a three-year period would result in any of the following:
1. Any single-family, two-family (duplex), or any multifamily residential structure proposed for construction.
2. Any replacement or substantial reconstruction of a single-family, two-family (duplex), or multifamily residential structure which does not substantially replicate the original structure.
3. Any alteration to existing secondary dwellings.
4. Projects for any two-family (duplex) or any multifamily residence which have any of the following effects:
a. Add more than 10 percent of the total floor area of the structure(s) or more than 300 square feet of floor area to the structure(s) (whichever is less with respect to adding new floor area square footage); or
b. Increase the height of the structure(s); or
c. Have the potential to impair views from other properties.
5. Any commercial, industrial, or similar structure proposed for construction.
6. Projects for exterior remodeling of any commercial or industrial structure which have any of the following effects:
a. Add more than 10 percent of the total floor area to the structure(s) or add more than 300 square feet of floor area to the structure(s) (whichever is less with respect to adding new floor area square footage); or
b. Increase the height of the structure(s); or
c. Have the potential to impair views from other properties.
7. Projects for an existing single-family residence or construction or expansion of an accessory structure which have any of the following effects:
a. Add more than 300 square feet of floor area to any building on the parcel where the additional floor area will add new building coverage to the subject parcel where building coverage did not previously exist; or
b. Add more than 25 percent of the total floor area of the existing structure or add more than 600 square feet of floor area (whichever is less with respect to adding new floor area square footage) to any building on the parcel where the addition will not add any new building coverage to the subject parcel where building coverage did not previously exist; or
c. Have the potential to impair views from other properties; or
d. Increase the height of any building.
8. Construction of structures with a distance of more than six feet from the ground to the lowest point of complete enclosure. (Design review shall address the potential visual impact of unsightly exposed underframing and utility ducts.)
9. Any addition or remodeling that causes the structure to exceed the height limits established by SMC 10.40.060 (Height requirements).
10. Covering parking spaces, causing the existing structure to exceed the maximum height limit pursuant to SMC 10.40.060(C)(3) (Downhill).
11. Construction of a structure on an uphill parcel which will have a sloped roof in excess of the maximum height limit within the first 15 feet of the property pursuant to SMC 10.40.060(C)(1) (Uphill).
12. Signs and awnings subject to design review as specified by Chapter 10.42 SMC (Sign and Awning Regulations).
13. Encroachment agreements for garages, fences, buildings, dwelling units, structures, and parking spaces.
14. Demolition permits to demolish 51 percent or more of any single-family, two-family, or multifamily structure as defined in Chapter 10.88 SMC (Definitions) except where the structure has been irreparably damaged due to forces of nature.
15. Permits to install satellite dish antennas which have a diameter greater than one meter.
16. Administrative design review for proposals made in conjunction with other applications requiring Planning Commission review and approval.
17. Administrative design review when the Community Development Director determines a project warrants Planning Commission review and approval.
18. Any project proposing side yard structural projections (see SMC 10.40.090(D)).
19. Any project requesting a one-time 200-square-foot maximum floor area exception to expand an existing single-family residence in R-2-2.5 and R-3 zoning districts, not to exceed the maximum floor area ratio allowed in the respective zoning district (see SMC 10.44.330(D)).
In addition to the above projects, a design review permit is required under this section for any project where the property is subject to the provisions of Chapter 10.46 SMC (Historic Preservation) or the project affects a historical resource as defined in CEQA Guidelines Section 15064.5.
C. Public Notice and Hearing. Design review permit applications require public hearing by the Planning Commission. Public hearing shall be noticed and conducted consistent with Chapter 10.82 SMC (Public Notice and Hearings). Design review for signs and awnings shall not be subject to the noticing requirement.
D. Findings. The Planning Commission shall approve design review permit applications only if the following findings can be made:
1. The proposed project is consistent with the general plan, any applicable specific plans, any applicable design guidelines, and this chapter. (The adopted historic design guidelines can be found in the Community Development Department or the office of the City Clerk.)
2. The proposed architecture and site design complements the surrounding neighborhood and/or district by either:
a. Maintaining the prevailing design character of the neighborhood and/or district; or
b. Introducing a distinctive and creative solution which takes advantage of the unique characteristics of the site and contributes to the design diversity of Sausalito.
3. The proposed project is consistent with the general scale of structures and buildings in the surrounding neighborhood and/or district.
4. The proposed project has been located and designed to minimize obstruction of public views and primary views from private property.
5. The proposed project will not result in a prominent building profile (silhouette) above a ridgeline.
6. The proposed landscaping provides appropriate visual relief, complements the buildings and structures on the site, and provides an attractive environment for the enjoyment of the public.
7. The design and location of buildings provide adequate light and air for the project site, adjacent properties, and the general public.
8. Exterior lighting, mechanical equipment, and chimneys are appropriately designed and located to minimize visual, noise, and air quality impacts to adjacent properties and the general public.
9. The project provides a reasonable level of privacy to the site and adjacent properties, taking into consideration the density of the neighborhood, by appropriate landscaping, fencing, and window, deck and patio configurations.
10. Proposed entrances, exits, internal circulation, and parking spaces are configured to provide an appropriate level of traffic safety and ease of movement.
11. The proposed design preserves protected trees and significant natural features on the site to a reasonable extent and minimizes site degradation from construction activities and other potential impacts.
12. The project site is consistent with the guidelines for heightened review for projects which exceed 80 percent of the maximum allowed floor area ratio and/or site coverage, as specified in subsection E of this section (Heightened Review Findings).
13. The project has been designed to ensure on-site structures do not crowd or overwhelm structures on neighboring properties. Design techniques to achieve this may include, but are not limited to: stepping upper levels back from the first level, incorporating facade articulations and divisions (such as building wall offsets), and using varying rooflines.
E. Heightened Review Findings. The site development standards contained in Table 10.22-2 are not entitlements; the approved size, setbacks or other physical conditions of a proposed new home or expansion of an existing home subject to design review shall be at the discretion of the Planning Commission. In order to meet the findings of design review, including the following heightened review findings, the Planning Commission may approve a home smaller, or with greater setbacks, or otherwise impose requirements that are more restrictive than those set forth in this chapter. For residential projects that require a discretionary design review (either administrative design review or a design review permit) and exceed 80 percent of the permitted floor area ratio (FAR) and/or building coverage limitations, the decision-making body must determine whether or not the site can support maximum build-out, consistent with the following:
1. Proposed development of the site maximizes preservation of protected trees.
2. The site is configured with adequate width and depth to provide yard spaces and setbacks proportional to the size of the structure.
3. The site will be developed in a manner that minimizes the obstruction of views from surrounding properties and public vantage points, with particular care taken to protect primary views.
4. The proposed development of the site presents no potential hazard to public safety in terms of vehicle traffic, pedestrian circulation, slope and tree stability, runoff, and public utilities.
5. The slope and topography of the site allow for limited excavation and minimal alteration to the site topography outside the footprint of structures.
6. The site will provide adequate guest parking either on site or within the immediate street frontage.
7. The proposed plan provides adequate landscaping to maximize privacy and minimize the appearance of bulk.
Although these findings are only required for projects that would otherwise require a discretionary design review public hearing, all projects that result in or exacerbate floor area and/or building coverage of over 80 percent shall require the Community Development Department to give public notice of the application, pursuant to SMC 10.82.020(A) (Public Hearing). If such notice is required for a project that does not require a public hearing, the notice shall be mailed to notify neighbors that a zoning permit has been issued, including a description of the project, and shall include information regarding the appeal period for the zoning permit.
F. Public Oversight for Streamlined Permitting Under State Law. The Planning Commission shall conduct a public hearing for design review for projects that are subject to Government Code Section 65913.4, 65912.114, or 65912.124, or any other State laws that require streamlined permitting but authorize design review or public oversight by a planning commission. In such event, the Planning Commission may approve a design review permit notwithstanding the findings that may otherwise be required by this section if approval of a project is required under applicable State law. Any such design review shall be conducted in the manner required by applicable State law.
G. Conditions. The Planning Commission may impose conditions of approval on design review permits to meet the purposes of this title, the general plan and any applicable specific plan, and to mitigate impacts of development. Conditions may include but not be limited to maximum floor area, building coverage limit, maximum height, and minimum open space.
H. Resolution. The Planning Commission decision shall be in the form of a written resolution and shall include all findings and conditions of approval.
I. Appeal. Except for design review permits approved under subsection F of this section, all decisions of the Planning Commission, with respect to design review permits, may be appealed to the City Council within 10 days of the Planning Commission decision. Appeals shall be filed and processed in accordance with Chapter 10.84 SMC (Appeals).
J. Effective Date. Design review permits shall become effective at the end of the appeal period, provided no appeal has been submitted.
K. Expiration of Permit. Design review permits shall expire two years following the effective date of the permit, provided no extension has been filed prior to the expiration date.
L. Extension. The applicant may request an extension of a design review permit prior to the expiration of the permit. The Zoning Administrator or the Planning Commission (upon receipt of a referral from the Zoning Administrator) may grant one extension for up to one year, in accordance with SMC 10.50.140 (Extension of approved permits). [Ord. 02-2024 § 1 (Exh. A), 2024; Ord. 1261 § 12, 2018; Ord. 1227 § 1, 2014; Ord. 1217 §§ 3 – 5, 2014; Ord. 1210 § 2, 2012; Ord. 1205 §§ 42, 43, 2012; Ord. 1204 § 1, 2011; Ord. 1200 §§ 4, 5, 2009; Ord. 1167 § 2, 2003.]
10.54.060 Submittal requirements.
In addition to the information specified by SMC 10.50.050 (Required application contents), applications for administrative design review permits and design review permits shall be accompanied by information specified by administrative guidelines. The administrative guidelines shall be a detailed list of submittal requirements to include, but not be limited to, the following:
A. Administrative design review permit or design review permit application;
B. Applicable fee, as established by resolution of the City Council;
C. A narrative project description, providing rationale for proposed architectural and site design solutions;
D. One set of full-size plans, and one digital copy. Plans shall include:
1. Vicinity map;
2. Site plan;
3. Elevations;
4. Floor plans;
5. Roof plan;
6. Grading plan;
7. Sectional drawings;
8. Landscape plans;
9. Statistics and descriptive information;
E. Materials sample board;
F. Geotechnical report;
G. Tree removal/alteration permit, or written request for exemption, as applicable;
H. Current topographic and record of survey;
I. Story pole plan and certification;
J. Site photographs;
K. Demolition plan; and
L. A conceptual site diagram that demonstrates the feasibility to construct additional dwelling unit(s), if any, as allowed on the project site by illustrating their possible location on the parcel as well as required on-site parking and access. The conceptual site diagram does not grant any rights nor bind any future development of the property. This submittal is applicable only to Planning Commission design review permits which result in a project site developed at less than the maximum density allowed on the respective site. For the purposes of this subsection, accessory dwelling units shall count towards fulfilling the density requirement.
The Community Development Director may waive specific submittal requirements where not applicable. [Ord. 02-2024 § 1 (Exh. A), 2024; Ord. 1217 § 6, 2014; Ord. 1167 § 2, 2003.]
10.54.070 Referral.
Prior to making a final decision, the Community Development Department, Zoning Administrator, or Planning Commission may refer any design review application for reports and recommendations from the Fire Chief, City Engineer, Building Inspector, Health Officer or any other officer of the City or County regarding matters in their fields of competence or under their jurisdiction and which would be affected by the proposed development. [Ord. 02-2024 § 1 (Exh. A), 2024; Ord. 1261 § 14, 2018; Ord. 1167 § 2, 2003. Formerly 10.54.080.]