(a) Architectural design review in conjunction with another entitlement. When the architectural design of buildings or structures, or modifications thereto, is reviewed and considered as part of another permit or entitlement application pursuant to Section 9-4.1801(b) of this article, the hearing body or officer reviewing the underlying application shall include architectural design review in the review and decision on said application. In rendering a decision, said hearing body or officer shall consider:
(1) The Architectural Design Review Guidelines and standards adopted pursuant to Section 9-4.1806 of this article; and
(2) The design review criteria set forth in Section 9-4.1807 of this article.
Hearing, notice, and appeal requirements for said underlying permit or entitlement application shall be as set forth in Article 28 of this chapter and Chapter 12 of this title.
(b) Precise plan of design permit review. When a precise plan of design application is submitted pursuant to Section 9-4.1802, it shall be processed administratively as set forth in Section 9-4.2804 of this chapter, unless any of the following conditions apply, in which case the precise plan of design application shall be referred directly to the Planning Commission:
(1) For existing single family detached homes located in developments that are exclusively single-story per the original tract entitlements:
(i) Two-story additions;
(ii) Demolition and rebuilding of a single family detached home exceeding one hundred fifty (150%) percent of the original building footprint.
(2) For existing single family detached homes located in developments that are a mix of single-story and two or more story homes per the original entitlements:
(i) Two-story additions or second floor additions, where the added floor area exceeds fifty (50%) percent of the original building footprint;
(ii) Demolition and rebuilding of a single family detached home where either the total floor area exceeds one hundred fifty (150%) percent of the original building floor area, or where the second story floor area exceeds seventy-five (75%) percent of the original building footprint.
(c) Precedent-setting issues. If, in the opinion of the Community Development Director or the Director’s designee, the precise plan of design application presents potentially precedent-setting issues, the Director shall schedule the application for a public hearing before the Planning Commission. Hearing and appeal requirements shall be as provided in Article 28 of this chapter, and notice shall be given as required by Chapter 12 of this title.
(d) Planning Commission hearings required. Whenever a precise plan of design is reviewed as part of the application for another permit requires a public hearing to be held prior to approval, or is otherwise reviewed by the Planning Commission, whether on original jurisdiction or appeal, a public hearing shall be held to review the precise plan of design application. Hearing and appeal requirements shall be as provided in Article 28 of this chapter, and notice of said hearing shall be given in the manner required by Chapter 12 of this title.
(e) Conduct of hearings and findings. The decision-making officer or body shall review the precise plan of design to ensure that the functional arrangement and the general appearance of the structure(s) conform to the intent and requirements of this article. The decision-maker may approve, conditionally approve, or deny the precise plan. A precise plan of design shall be denied if any one of the following findings are made:
(1) The design would be substantially and materially incompatible or out of scale with the natural environment and surrounding properties; or
(2) The design would deter an orderly and attractive development of the community in general and surrounding property in particular; or
(3) The design would otherwise adversely affect the public peace, safety, or general economic welfare; or
(4) The design would not materially comply with the adopted architectural design guidelines and standards.
(5) The design would not be compatible with neighboring properties to ensure a minimal loss of privacy and visual impact on adjacent properties where reasonable designs have not been explored to allow for solar access to adjacent gardens, patios, pools or rooms and where privacy of neighboring properties has been substantially compromised without careful positioning and/or limitation of the size, mass and height of the new construction.
(§ 1, Ord. 1177-NS, eff. April 27, 1993, as renumbered by § 2 and amended by §§ 6, 7, Ord. 1210-NS, eff. May 24, 1994, and §§ 5, 6, Ord. 1414-NS, eff. October 2, 2003, and § 1, Ord. 1469-NS, eff. October 13, 2006, as amended by § 7, Ord. 1481-NS, eff. July 12, 2007, and § 35, Ord. 1620-NS, eff. August 12, 2016)