23.406.070 Design Review.
A. Purpose. Design Review is a discretionary process to ensure that exterior changes to buildings comply with the City of Berkeley Design Guidelines and other applicable City design standards and guidelines. The purpose of Design Review is to:
1. Encourage excellence in building and site design;
2. Ensure that development is compatible with its urban context; and
3. Provide a pleasing urban environment for persons living, working, or visiting the city.
B. When Required.
1. Design Review is required for:
(a) Projects in all Non-Residential Districts.
(b) Mixed use and community and institutional projects in the R-3 district within the Southside Plan area. See Figure 23.202-1: R-3 Areas Subject to Design Review; and
(c) Commercial, mixed-use, and community and institutional projects in the R-4, R-SMU, and R-S districts.
2. As used in Paragraph (1) above, "project" means an activity requiring a building or sign permit that involves any of the following:
(a) Modifying the exterior of an existing structure.
(b) Additions to an existing structure.
(c) Demolishing all or a portion of an existing structure.
(d) Removing all or part of a building facade fronting the public right-of-way.
(e) Constructing a new structure.
(f) Installing a sign or replacing a sign with a different location, size, or design.
g. Signs not part of a Coordinated Sign Design Program.
C. Design Review Process.
1. Use Permit Projects.
(a) If a project requires a Use Permit, Preliminary Design Review is required before ZAB action on the Use Permit.
(b) Review authority for Preliminary Design Review is described in Section 23.406.070.D (Review Authority).
(c) The ZAB shall consider Preliminary Design Review recommendations when acting on the Use Permit. Before acting on the Use Permit, the ZAB may require further review by the Design Review Committee or Department staff as part of the Preliminary Design Review process.
(d) As a condition of Use Permit approval, the ZAB may require Final Design Review to verify that the project conforms to design-related Use Permit conditions of approval or to review finalized project design details. The Design Review Committee conducts Final Design Review unless the ZAB directs staff to conduct Final Design Review as a condition of approval.
(e) If the ZAB requires Final Design Review, the City may issue a building permit only after Final Design Review is complete.
2. Projects Not Requiring a Use Permit.
(a) For a project that does not require a Use Permit, Department staff conducts Design Review before the Zoning Officer takes action on the required permit or approval.
(b) The Zoning Officer will consider the Design Review recommendations when acting on the required permit or approval. The Zoning Officer may require modifications to the project design as a condition of approval.
(c) The Department will verify conformance with Design Review recommendations and design-related conditions of approval when issuing a building permit, sign permit, or Zoning Certificate for the project. Final Design Review is not required.
D. Review Authority.
1. Department Staff. Department staff, under the supervision and authority of the Zoning Officer, conducts Design Review for projects that do not require a Use Permit, except when the Landmarks Preservation Commission (LPC) conducts Design Review as provided in Paragraph (3) below. Design review conducted by Department staff is referred to as "Staff-Level Design Review."
2. Design Review Committee.
(a) For projects requiring a Use Permit, Design Review is conducted by the Design Review Committee except as provided by Paragraph (b) below or when the Landmarks Preservation Commission (LPC) conducts Design Review as provided in Paragraph (3) below.
(b) The Zoning Officer may determine that, due to unique circumstances, Department staff will conduct Design Review for a project requiring a Use Permit. The Zoning Officer, or Department staff on their behalf, shall confer with the Design Review Committee Chair before making such a determination and shall consider project size, visibility, and degree of sensitivity to the neighboring properties or the general public.
3. Landmarks Preservation Commission. The Landmarks Preservation Commission (LPC) conducts Design Review of projects which involve landmarks, structures of merit, or buildings within a historic district in accordance with Chapter 3.24 (Landmarks Preservation Commission. The LPC conducts Design Review for landmarked properties through the Structural Alteration Permit process.
E. Zoning Officer and LPC Referrals.
1. The Zoning Officer may refer any project subject to ZAB review to the Design Review Committee, staff, or the LPC for non-binding input on design-related issues. However, Design Review approval is required only for projects in Subsection B (When Required) above.
2. The LPC may refer any project subject to LPC review to the Design Review Committee for non-binding input on design-related issues.
F. Referrals to Landmarks Preservation Commission.
1. Mandatory Referrals. The following Design Review applications shall be referred to the LPC for review and comment before action on the application:
(a) Projects that involve a building or structure listed on the State Historic Resources Inventory, or on the List of Structures and Sites adopted by the LPC under Chapter 3.24.
(b) Projects that involve a building or a structure over 40 years old which may have special architectural or historical significance, as determined by the secretary to the LPC.
2. Optional Referrals. Department staff or the Design Review Committee may choose to refer the following projects to the LPC for review and comment before action of the application:
(a) Projects that involve a building that is 40 years old or less that may have special architectural and/or historical significance, as determined by the secretary to the LPC.
(b) Signs and awnings which involve a building or structure listed on the State Historic Resources Inventory, or on the LPC’s current List of Structures and Sites.
G. Design Guidelines.
1. The City of Berkeley Design Guidelines provide direction to the City when reviewing proposed projects and assists applicants in planning and design of their projects. The Design Guidelines are intentionally generalized to encourage individual creativity. It is not expected that every project will respond to every guideline.
2. When conducting design review the Design Review Committee, the LPC, and staff shall use the Design Guidelines adopted by the Planning Commission as its official policy.
3. The Design Review Guidelines may be amended by the Planning Commission. The ZAB may comment to the Planning Commission on such amendments.
H. Scope of Design Review. Design Review considers only issues of building and site design and does not address land use issues. Site design included the placement of buildings on a lot, vehicle access and circulation, pedestrian circulation, parking placement and design, landscaping, and other similar issues.
I. Design Review Timeline.
1. Design Review projects requiring an AUP or a Zoning Certificate shall be completed within 60 days of the date the application is deemed complete. If an applicant modifies the application, or if the applicant submits a written time extension, Department staff may extend the review period beyond 60 days.
2. Design Review for projects that require ZAB approval shall be completed within 60 days of submittal of complete final Design Review plans or within the time limit required by the Permit Streamlining Act, whichever is less.
J. Public Notice. Public notice of pending Design Review decisions shall be given in accordance with Section 23.404.040.D (Public Notice for Design Review).
K. Public Hearing. None required.
L. Design Review Committee Proceedings.
1. The Design Review Committee shall meet with the applicant and shall operate as a working group. Its meetings shall be open to the public.
2. Review of a project by the Design Review Committee may be continued as necessary subject to the timeline set forth in this chapter.
3. The Design Review Committee shall adopt its own rules and procedures.
M. Basis for Approval. The review authority shall consider a proposed project in relation to its surrounding context when acting on a Design Review application.
1. The review authority may approve a Design Review application only upon finding that the proposed project conforms with the City of Berkeley Design Guidelines and any City-adopted design standards and guidelines applicable to the project.
2. The review authority may consider public input during the Design Review process and may require modifications to the proposed project as a condition of Design Review approval.
N. Changes to Approved Projects.
1. Design Review Modification (Minor Changes). Before issuance of a building permit, Department staff may approve minor changes to a project with final Design Review approval if the change complies with all of the following criteria:
(a) The change does not involve a feature of the project that was:
i. A specific consideration by the review authority in granting the approval;
ii. A condition of approval; or
iii. A basis for a finding in the project CEQA determination.
(b) The change is consistent with the spirit and intent of the original approval.
2. Other Changes. A project change that does not meet the definition of a minor change in previous Paragraph (1) shall be approved following the same procedures as the original Design Review approval.
O. Appeals. Design Review decisions may be appealed in accordance with Chapter 23.410 (Appeals and Certifications).
P. Review of Building Plans. Department staff shall review all building permit applications subject to Design Review for compliance with the approved Design Review plans and conditions. (Ord. 7847-NS § 3, 2022; Ord. 7835-NS § 10, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)