Article II — Design Review Board—Appeal Procedure

A design review board is created and established to principally serve as an appeal board most appropriate for rendering decisions on appeals from the decisions of the zoning administrator

relative to precise plans of design as set forth in this title and Section 18.64.040 which will further assure promotion, maintenance, protection, preservation and perpetuation of the orderly and harmonious development of the city consistent with the provisions of this title and the goals and objectives of the general plan, and to do such other things for the furtherance of the community's overall planning program.

(Prior code § 9211.01; Ord. 830 § 10, 1993)

The intent and purpose of the design review board is:

• A. To principally review and render decisions on all appeals of the zoning administrator's actions relative to precise plans of design, being certain that adequate consideration is given to the conservation, promotion and stabilization of property and development values and the environmental setting consistent with sound principles of land use planning;

• B. To further assure direction of development and land use planning of the community and the several zone classifications therein; and

• C. To further assure that the character and functional design, image, atmosphere and architectural appeal of any proposed development and developments already existing or planned in the several zone classifications and areas of the city have been given adequate consideration, and their peculiar suitability for particular land use developments are consistent with the community's overall planning program, when the design review board is required to do so pursuant to the provisions of Article II of this chapter.

(Prior code § 9211.02)

Membership of the design review board and its powers and duties shall be as follows:

• A. Membership. Members of the design review board shall consist of the voting members of the planning commission.

• B. Powers and Duties. In order to effectively implement the provisions of this title, the design review board shall have and be vested with the powers and duties to perform the following:

  1. To make findings, reports and recommendations on all matters requested by the community redevelopment agency;

  2. To make findings, reports and recommendations on all matters requested by the city council;

  3. To make findings, reports and recommendations, and to advise the city council on all architectural and development matters relating to land use development in the O-S and civic center zones, and to development of any other city owned or controlled property where the physical environmental design is of significant value to the community as a whole;

  4. To review, uphold, modify and/or deny all appeals relative to precise plans of design;

  5. To do such other things as shall be deemed necessary to carry out the community's overall planning program; and

  6. To adopt such bylaws as is deemed necessary to provide for the following:

     • a. The time, date and place of all meetings,

  • b. The method of electing officers,

  • c. The taking of minutes, and

  • d. Such other matters relative to its organization and methods of administration of its duties which are not otherwise provided by statute or ordinance.

• C. Board Not Required to Hold Public Hearings. Unless otherwise ordered by the city council, the design review board shall not be required to hold a public hearing on any matter which it is required to review, but all meetings conducted thereby shall be open to the public.

• (Prior code § 9211.03)

Upon receipt of an appeal of the decision of the zoning administrator relative to a precise plan of design, the design review board shall cause the following:

• A. Investigations. The design review board shall cause to be made by its own members such investigations of facts bearing upon an appeal that will assure appropriate disposition thereof consistent with the provisions of Article II of this chapter. The zoning administrator shall prepare and transmit forthwith a report, based on an inspection of the property and an examination of the application, other written investigations, reasons for his or her decisions, and declaration of findings, to the design review board for its investigative appeal review.

• B. Findings. The design review board, following an inspection of the property and an examination of the appeal and report of the zoning administrator, shall uphold, modify or deny the appeal based on the following findings of fact:

  1. That the application and proposed precise plan of design is either consistent or inconsistent with this title, general plan, and/or the zone classification in which it is to be located;

  2. That the proposed development for the use of land either will or will not in any way be detrimental to existing or planned developments of surrounding properties in the area in which it is proposed to be located;

  3. That either adequate or inadequate protection against excessive vehicular traffic-generating capacity, noise, vibrations, and other factors which tend to make the general environment less desirable, are reasonably and efficiently satisfactory for existing and planned developments of surrounding properties in the area in which the proposed development is to be located;

  4. That requirements of other city departments and agencies either have or have not been given adequate consideration and made a part of precise plan of design approval to protect the general welfare in the best interest of the community;

  5. That the proposed development for the use of land either will or will not be detrimental in any way to the character and functional design, image, atmosphere and architectural appeal of any existing or planned developments of the zone classification, and its peculiar suitability for the particular use development in which the proposed development is to be located; and

  6. That the physical, architectural and environmental appeal, design, image, atmosphere, character and functional plan of the proposed development, when completed, either will or will not be at such variance with existing development or those in the course of development or other planned development of the area in which the proposed development is contemplated to be located, so as to cause a substantial depreciation, demotion or instability of the value of property and development in the immediate neighborhood.

• C. Announcement of Findings Notice, Finality and Decisions.

1. The design review board shall announce its findings and decisions by formal resolution not more than ten days after rendering its decision on any appeal. The resolution shall recite and set forth, among other things, the findings of fact, reasons, conditions and/or other matters which, in the board's opinion, make upholding, modification or denial of an appeal considered necessary to carry out the purpose and provisions of Article II of this chapter, and shall uphold, modify or deny same.

2. The design review board shall forthwith give the applicant and/or other persons connected with or having an interest in any appeal, including other city departments and agencies, written notice of its findings and decisions, accompanied by the board's resolution setting forth its actions thereon. The actions and decisions of the design review board shall be final and conclusive unless otherwise appealed as provided for in Chapter 18.64 of this title.

(Prior code § 9211.04)