(a) Applications Subject to Architectural Review Process
The following applications are subject to the review processes set forth in this section:
(1) Any major or minor project requiring architectural review approval, as set forth in Section 18.76.020 (Architectural Review);
(2) Any project requiring a design enhancement exception; and
(3) Other permits and approvals for which such review process is required by the provisions of Title 2, Title 12 or Title 18.
(b) Tentative Director's Decision and Hearing Upon Request for Minor Projects
For a minor project, as defined in Section 18.76.020(b)(3), once the application is deemed complete:
(1) The director shall prepare a proposed written decision to approve, approve with conditions, or deny the application.
(2) Notice of the proposed director’s decision shall be mailed to property owner or applicant and posted in a public place. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director’s decision, the date the decision will be final if no hearing is requested, and a description of how to request a hearing.
(3) The proposed director’s decision shall become final 10 days after the date notice is mailed unless a request for a hearing is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the proposed decision.
(i) When there is more than one entitlement required for a project, the longer appeal or request for hearing period shall govern the effective date for the minor architectural review decision.
(4) The applicant or the subject property owner, or owners or tenants of an adjacent property may request a hearing by the architectural review board on the proposed director’s decision by filing a written request with the planning division. There shall be no fee required for requesting such a hearing.
(c) Hearing and Recommendation for Major Projects, and for Minor Projects Upon Request
(2) Notice of the hearing shall be given at least 10 days prior to the hearing by publication in a local newspaper, by posting in a public place, and by mailing to the applicant, the hearing requestor, if applicable, and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing.
(3) Following the hearing, the architectural review board shall make a recommendation on the application, which shall be forwarded to the director.
(d) Decision by the Director
Upon receipt of a recommendation of the architectural review board:
(1) Within 5 working days, the director shall prepare a written decision to approve the application, approve it with conditions, or deny it.
(2) Notice of the director’s decision shall be given by mailing to owners and residents of property within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, a brief description of the action to be taken, the date the decision will be final, and a description of how to request a hearing.
(3) The director’s decision shall become final 14 days after the date notice is mailed unless an appeal is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the proposed decision.
(4) If the architectural review board continues a minor project more than once, or a major project more than twice, the director may make a decision on the application prior to receiving the final recommendation of the board.
(e) Appeal of the Director's Decision - Filing
Any party, including the applicant, may file an appeal of the director’s decision with the planning division for projects reviewed by the architectural review board. The appeal shall be filed in written form in a manner prescribed by the director.
(f) Decision by the City Council
The appeal of the director’s decision shall be placed on the consent calendar of the city council within 45 days. The city council may:
(1) Adopt the findings and decision of the director; or
(2) Remove the appeal from the consent calendar, which shall require three votes, and direct that the appeal be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application:
(g) Final Decision by the Council
The decision of the council on the appeal is final.
(Ord. 5432 § 16 (part), 2018: Ord. 5373 § 24 (part), 2016; Ord. 4959 § 4, 2007: Ord. 4826 § 118 (Exh. 3 (part)), 2004)