ARTICLE 12 PROCEDURES -------------------- (go to main index)

• (a) Purpose. The purpose of Administrative Design Review is to enable the Chief of Planning to review minor development projects that otherwise meet the zoning regulations, in terms of the appropriateness of the design. The Chief of Planning shall review:
• (1) All new single-family residences.
• (2) All additions to existing single family residences where the combined addition is greater than 500 square feet of gross floor area to the dwelling and/or any accessory building;
• (3) All additions to existing single family residences that entail expansion of floor area above the first story.
• (4) All additions of less than 1,000 gross square feet to multiple family residences.
• (5) Other projects as referenced in Title 10, which due to their unique nature, require Administrative Design Review.
• (b) Criteria. The following criteria shall be used in determining a project's consistency with the intent and purpose of this section:
• (1) All the provisions of this chapter are complied with.
• (2) Traffic congestion or impairment of traffic visibility is avoided.
• (3) Pedestrian safety and welfare are protected.
• (4) The design is compatible with the overall community and surrounding neighborhood.
• (5) The location and design of the project shall not adversely impact surrounding properties or harmfully impact the public health, safety and general welfare.
• (6) The architectural style and design of the project shall:
• a. Enhance the neighborhood, contribute beneficially to the overall design quality and visual character of the community, and maintain a stable, desirable character.
• b. Make use of complementary materials and forms that are harmonious with existing improvements and that soften the appearance of volume and bulk, while allowing flexibility for distinguished design solutions.
• c. Avoid a box-like appearance through variations in the roof line and building elevations and through distinguishing design features.
• d. Continue on all elevations the architectural character established for the street facing elevations to the extent feasible;
• e. Insure that the physical proportions of the project and the manner in which the project is designed is appropriate in relation to the size, shape, and topography of the site.
• f. Provide sufficient area available for use of extensive landscaping to complement the architectural design of the structure, and to minimize the amount of paving to the degree practicable.
• g. Meet the Sign Regulations Criteria in Section 10-2.1802 or demonstrate consistency with a sign program previously approved by the Planning Commission.
• (c) Application.
• (1) The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division. A completed application for plan check submitted to the Building Division also constitutes an application for the purposes of this section.
• (2) The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.
• (3) Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.
• (d) Contents of application. In addition to the application and fee, a site plan, floor plan, and elevations of the project drawn to scale and dimensioned shall be submitted which include the following information as applicable:
• (1) Existing topography and proposed grading;
• (2) Existing trees with a trunk diameter of six (6) inches or greater;
• (3) All buildings and structures, and the uses within each room;
• (4) Improvements in the public right of way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;
• (5) Exterior lighting;
• (6) Easements;
• (7) Off-street parking areas, including the stall striping, aisles, and driveways;
• (8) The lot dimensions;
• (9) Setbacks and spaces between buildings;
• (10) Walls, fences, and landscaping and their location, height, and materials;
• (11) Landscaping areas;
• (12) Trash and recycling facilities;
• (13) The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;
• (14) The location, dimensions, and design of all signs;
• (15) A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four (4) feet;
• (16) Such other data as may be required to demonstrate that the project meets the criteria.
• (e) Decision on application. The Chief of Planning shall review the application and shall approve, approve with conditions, or deny the application.
• (1) If the decision of the Chief of Planning is to approve the application, an approval stamp shall be affixed to the plans.
• (2) If the decision of the Chief of Planning is to deny the application, the decision shall be in writing and shall recite the failure to meet the criteria upon which the decision is based. Where the decision is to deny the application, notice of the decision shall be mailed to the applicant by first class mail within seven (7) days of the decision.
• (f) Appeal of decision denying the application. The decision of the Chief of Planning to deny the application shall be final and conclusive unless, within ten (10) days after the date of such decision, a written appeal is filed with the Planning Division requesting a public hearing before the Planning Commission.
• (g) Setting hearings. The Planning Division shall set an appeal for a public hearing before the Planning Commission in a timely fashion.
• (h) Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission to consider an appeal of the decision of the Chief of Planning shall be given as follows:
• (1) By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing; and
• (2) By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and
• (3) By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.
• (i) Decision of the Planning Commission. The decision of the Planning Commission on all applications shall be final and conclusive.
• (j) Expiration. An approval subject to Administrative Design Review shall become null and void unless vested within thirty-six (36) months after the date of the approval. Such time limits may be extended by the Chief of Planning upon the written request of the applicant and the presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.
• (k) Revocation. After notice to the applicant and subject to appeal to the Planning Commission, the Chief of Planning may revoke or modify any Administrative Design Review approval issued on one or more of the following grounds:
• (1) That the approval was obtained by fraud or misrepresentation;
• (2) That the use for which such approval was granted has ceased for a period of at least eighteen (18) consecutive calendar months;
• (3) That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;
• (4) That there has not been substantial compliance with the terms and conditions of the approval;
• (5) That exercise of the approval violates any State, Federal or local statute or regulation;
• (6) That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;
• (7) That exercise of the rights under the approval constitutes a nuisance.
• At any hearing on revocation or modification the permittee and any other person whose property rights are affected by revocation, modification, or continuance of the exercise of rights under the approval, shall have the right to produce any arguments and introduce any evidence in support of their position.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2786, eff. January 2, 1997)

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