13.4 REVIEW PROCEDURE

• 13.4.1 Reviewing Authority. The Design Review entitlement reviewing authority for projects within the scope of Section 13.2 is specified in Table 13.4.

Table 13.4 - Design Review (DR) Authority Thresholds.

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• Reviewing

• Project Characteristics Authority

• • Approval of signs under Section 23.11.3 in conjunction with replacement, relocation, or addition of windows, doors, awnings, and minor modification projects not adding floor area, which do not constitute a substantial exterior remodel.

• • Additions to principal commercial, multi-family residential and mixed-use buildings.

• • New or modified detached accessory structures on a developed property.

• • Modifications to existing parking lots (reconfiguration or expansion) associated with ZA level entitlement. Zoning

• • Modifications to circulation and parking and loading facilities for Administrator pedestrians, bicycles and motor vehicles on a previously approved (ZA)

• development.

• • Modifications or amendments to a Tree Removal Permit (TRP) on a previously approved development; provided however, that the findings for approval of the TRP are made in the affirmative.

• • DR with other ZA level entitlements • New principal and accessory buildings. • Modifications to existing parking lots (reconfiguration or expansion) associated with a PC level entitlement. Planning

• Commission

• • Approval of signs under Section 23.11.3 to be located on new (PC)

• buildings, building additions, or buildings undergoing substantial exterior remodels.

• • DR with other PC level entitlements

• (a) Project Notice. The Zoning Administrator gives notice of intent to take action in the manner described in Section 10.1.3. The notice includes a general description of the project and its location in text or diagram, the proposed environmental determination and action, and a statement that the Zoning Administrator will take action on the project based on the written record unless an in-person meeting is requested in writing within 10 days of the project notice date by a property owner within 300 feet of the project site.

• (b) Meetings. If requested, the Zoning Administrator gives notice of in-person meetings in the same manner as project notice.

• (c) Project Determination. The Zoning Administrator makes a Design Review entitlement determination after the project notice period expires, or if a meeting is requested, after the meeting.

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• (d) Referral. At any point before making a determination, the Zoning Administrator may refer a Design Review entitlement with a recommendation for determination to the Planning Commission.

• 13.4.3 PLANNING COMMISSION PROCEDURE. The Zoning Administrator gives notice that the Planning Commission will consider the Design Review entitlement at a meeting. The notice is given in the manner described in Section 10.1.3 and contains the information described in Section 10.1.5(a) for the project and meeting.

• 13.4.4 APPEALS.[3]

  • (a) Design Review entitlement decisions are governed by Section 10.11 except as follows.

  • (b) For CDD determinations, the applicant may appeal a Design Review determination to the Planning Commission. A decision on review by the Planning Commission is final unless appealed by the applicant.

  • (c) For ZA determinations, the applicant and a property owner within 300 feet of the project site may appeal the determination to the Planning Commission. The Planning Commission may either affirm the underlying determination or forward the appeal to the City Council with a recommendation to approve, approve with conditions, or deny the project.

  • (d) The City Council finds that the Design Review determinations ordinarily made at the CDD level shown in Table 13.4 do not have the potential to substantially or significantly adversely affect the property rights of other property owners, and that Design Review determinations at the ZA level shown in Table 13.4 do not have the potential to substantially or significantly adversely affect the property rights of other property owners beyond neighboring property owners. The City Manager, in consultation with the City Attorney, may expand the scope of notice and opportunity to appeal from CDD or ZA level determinations if necessary due to facts peculiar to the proposed project to provide due process.