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(A) An application for design review shall be considered by the Planning Commission, which shall determine whether the proposed design conforms to the design review criteria set forth in § 17.020.040 and to any other applicable specific design review criteria.
(B) The Planning Commission may approve or disapprove the design or require the changes as are, in its judgment, necessary to accomplish the general purposes of this title and ensure conformance with the objective zoning standards and objective design standards that apply to the type of development proposed and to the zone where the project will be built.
(C) The determination of the Planning Commission shall become effective ten days after the date of decision unless appealed to the Town Council.
(D) Any project requiring both design review and other permits or entitlements from the Town of Fairfax shall be considered by the Planning Commission at the same time it considers the other permits or entitlements.
(Prior Code, § 17.12.080) (Ord. 352, passed - -1973; Am. Ord. 693, passed 7-16-2002; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1- 2023)
(A) A decision shall be rendered by the Planning Commission within six months after the application is deemed complete, unless a shorter time period is established in state law for a specific type of permit application.
(B) This time limit may be extended by agreement between the Planning Commission and the applicant.
(C) If no agreement is in effect and a decision is not rendered within six months after the application is deemed complete, the application shall be deemed approved.
(Prior Code, § 17.12.090) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012; Am. Ord. 885, passed 11-1-2023)
(A)
Applications for design review shall not be acted upon until a public hearing thereon is held, except for design review of sign permit exception applications and projects that qualify for streamlined ministerial review and for which no public hearing can be held, as required by Cal. Gov't Code § 65913.4 (“State Streamlined Ministerial Approval Process”). Notice of the time and place of the public hearing, together with a brief statement of the nature of the application, shall be given in the same manner as provided in § 17.004.070.
(B) Additional notice of the public hearing may be given to owners and renters of other property within 500 feet of applicant’s parcel when, in the opinion of the Planning Commission, the properties would be affected by the proceedings so noticed. The subject property shall be posted by the applicant in a manner described in the Town of Fairfax submittal packet at least ten days prior to the public hearing.
(C) Any error, irregularity, informality or omission as to noticing shall not void or invalidate the proceedings, considerations or disposition of a design review application, except as may be otherwise provided under Cal. Gov’t Code § 65010.
(Prior Code, § 17.12.100) (Ord. 352, passed - -1973; Am. Ord. 500, passed - -1982; Am. Ord. 628, passed - -1994; Am. Ord. 716, passed 9-6-2006; Am. Ord. 674, passed 2-1-2012; Am. Ord. 885, passed 11-1-2023)
(A) Within ten days following the date of a decision, an appeal from the decision may be filed with the Town Clerk. Decisions shall be appealed to the Town Council.
(B) Appeal shall be made on a form prescribed by the Town Clerk.
(C) The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Commission, or wherein the decision is not supported by the evidence in the record.
(D) In considering the appeal, the Town Council shall determine whether the proposed design conforms to the applicable design review criteria and may approve or disapprove the proposed design or require the changes therein or impose reasonable conditions of approval as are, in its reasonable judgment, necessary to ensure conformity to the criteria.
(E) The decision of the Town Council shall be final.
(Prior Code, § 17.12.110) (Ord. 352, passed - -1973; Am. Ord. 693, passed 7-16-2002; Am. Ord. 764, passed 2-1-2012)
In any zone, or in any instance, in which design review is required, no building permit or business license, if necessary, shall be issued unless approval of the proposed development has been granted pursuant to this procedure.
(Prior Code, § 17.12.130) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)
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