The regulations of this chapter only apply to matters requiring a city building permit with the exception of amateur radio station antennas. The purpose of this chapter is to preserve the natural scenic character of the city. Minimum standards are established relating to the siting and massing of either a new structure or a remodeled structure in an existing neighborhood to ensure, to the greatest extent practicable, that the resulting structures are compatible with the neighborhoods within which they are located. The intent of this chapter is to regulate the development or redevelopment of each building site with respect to adjacent land, public or private, and existing structures so as to maximize visually pleasant relationships, ensure a bright, open neighborhood with a maximum of light and air, and avoid the unpleasant appearance of crowding one structure against another, or of one structure towering over another, insofar as is reasonable and practical. It is not the intent to restrict or regulate the right of an individual property owner to determine the type of structure or addition he or she may wish to place or modify on the parcel. It is the intent, however, to ensure that the new or modified structure does not impact adjacent property owners or the compatibility of structures in the neighborhood. The regulations in this chapter are in addition to the other regulations/ordinances of the city, and, where in conflict, the more restrictive regulations shall apply.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

No person shall construct any dwelling, accessory building, or structures, improvements, patio covers, roofs, balconies, decks, porches, terraces, exterior steps or stairways, walls, fences, antennas, spas, swimming pools, or make any additions to, or modify, any structure, or install a new roof on any structure, on any parcel in a residential zone in the city for which a building permit is required unless the resulting construction is found to be compatible with the neighborhood within which it is located. The design criteria and review processes contained in this chapter are provided to protect and maintain the established character of all residential neighborhoods within the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

In order to maintain neighborhood compatibility, any proposal for construction within a residential zone shall comply with the following objectives:

(a)

Natural amenities. Improvements to residential property shall respect and preserve, to the greatest extent practicable, the natural features of the land, including the existing topography and landscaping.

(b)

Neighborhood character. Proposals shall be reasonably compatible with the existing neighborhood character in terms of the scale of development of surrounding residences, particularly those within 300 feet of the proposed development parcel boundaries. While many elements can contribute to the scale of a residential structure, designs should minimize the appearance of over or excessive building substantially in excess of existing structures in the neighborhood. The square footage of the structure and the total lot coverage should reflect the uncrowded character of the city and the respective neighborhood. The height of the structures shall maintain, to the extent reasonably practicable, consistency with the height of structures on neighboring parcels.

(c)

Privacy. Design proposals shall respect to the extent reasonably practicable the existing privacy of adjacent parcels by maintaining an adequate amount of separation between the proposed structure and adjacent parcels, and the design of balconies, decks, and windows should respect the existing privacy of adjacent parcels.

(d)

Views. Designs should consider, to the extent reasonably practicable, neighbor's existing views.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The following requirements shall apply to all proposals for construction of new, or modification of, or addition to existing structures, for all residential parcels.

(a)

Application. An application for architectural review shall be made to the director on forms furnished by the director and accompanied by plans showing the effect of the proposed work upon visual relationships with other parcels, existing structures, or land adjacent to or within 300 feet of the proposed work, and any other information the director may require. The application shall be accompanied by the required fees pursuant to chapter 9.55 (Applications and Fees).

(b)

Review by Homeowner Association. An application, involving a parcel regulated in part by a homeowner association referred to in the conditions, covenants and restrictions (CC & R's) for said parcel, shall be submitted to the architectural review committee of the homeowner association for review. In the event the homeowner association does not have an active or established architectural review committee, the director shall review the application.

(c)

Non-Homeowner Association Parcels. An application for architectural review for a parcel which is located in an area which does not have a homeowner association identified in the CC&R's for said parcel shall be submitted to the director for review.

(d)

Submission to adjoining property owners. If, in the opinion of the director, a proposed improvement would directly impact a neighboring parcel, the applicant shall submit the application for architectural review to the owner of the adjoining parcel for review and comment.

(e)

Approvals. In the event that an architectural review committee or its designated representative, the director, and all adjoining property owners, if any, approve of the proposed improvement and file written consent(s) thereto within 60 days of submission, the application shall be deemed approved and the proposed improvement can be submitted to plan check, if required. Failure to act on the proposed improvement within the 60-day period shall be deemed approved by the entity or person to whom the proposed improvement was submitted. The director may grant an extension of time to an architectural review committee if good cause is shown and the request is made in writing. It shall be the responsibility of the applicant to submit to the director written evidence showing the initial submittal date of plans to the architectural review committee and adjoining property owners.

(f)

Referral to commission. In the event that a proposed improvement is disapproved by an architectural review committee, the director, or any adjacent property owner, the architectural review application shall be submitted to the commission for review and determination. The director shall set the application for public hearing and shall give notice of the time and place of the hearing pursuant to the provisions of chapter 9.56 (Hearings and Appeals). The commission may approve, approve with conditions, or disapprove the application and shall render its decision within 30 days after the conclusion of its hearing. The decision of the commission shall be final unless appealed to the council.

(g)

Appeal of decision to council. Any interested party may, within 15 days after the decision of the commission, appeal the decision to the council. The appeal shall be filed with the city clerk on a form prescribed by the council, accompanied by payment of the fee pursuant to chapter 9.55 (Applications and Fees), and shall include the reasons for the appeal. The city clerk shall set the appeal for public hearing and give notice of the time and place of the hearing pursuant to the provisions of chapter 9.56 (Hearings and Appeals). The council may approve, approve with conditions, or disapprove the application and shall render its decision within 30 days of the conclusion of the hearing. The resolution shall contain the council's findings. The city clerk shall mail a copy of the resolution to the applicant and the decision of the council shall be final.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The purpose of the design review committee is to supplement the overall development review process by focusing on physical design elements which may lay outside of the normal project review process. It is the intent of the design review committee to make recommendations to the commission on matters related to a project's physical design based on established design standards and guidelines of the city.

These provisions are established to ensure the following:

(a)

That guidance is provided to the commission regarding the physical design of proposed development projects.

(b)

That proposed development projects comply with all applicable performance standards and design guidelines adopted by the city.

(c)

That the community's design standards are applied in a creative and an imaginative fashion in order to establish and maintain quality architectural and landscape design in the city.

(d)

That proposed projects appear and function in a harmonious manner with all development components (such as signs, landscaping, and parking areas) on site and with adjacent development.

(e)

That the general plan policies that encourage the preservation and enhancement of the city's character are implemented.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The design review committee shall consist of the following:

(a)

Two members of the planning commission. The members shall be appointed by the chairman of the commission and confirmed by the commission.

(b)

Director or appointed designee.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The duties and responsibilities of the design review committee shall be to review development proposals and to make recommendations to the commission regarding the project's physical design. In some cases, the commission may delegate design and architectural decisions to the design review committee. Design guidelines and other architectural matters being processed by the department may be referred to the design review committee by the commission.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon consideration of a development proposal, the commission at its discretion or based on the director's recommendation to the commission may refer a proposed project to the design review committee. The commission may request that design review committee develop a recommendation or the commission may delegate the final resolution of a particular design matter to the committee.

The design review committee may request additional information from the project applicant, than contained in the original application, if it is needed to better understand the project.

(Ord. No. 98-193, §§ 1—4, 10-19-98)