A. 
Purpose. A Single Family Design Board is hereby created and established by the City to promote the general public welfare, protect and preserve the City's natural and historical charm, and enhance the City's aesthetic appeal and beauty. The goal of the Single Family Design Board shall be to ensure that single-unit residential projects are compatible with the surrounding neighborhood in size and design. The Single Family Design Board is also charged with the task of protecting public visual resources and promoting the ecological sustainability of the City's built environment through the design review process.
B. 
Membership. The Single Family Design Board shall be composed of five members appointed by the City Council. At least one member shall be a licensed architect. Up to three members of the public at large, who reside in the city, may be appointed who do not possess professional qualifications in fields related to architecture. Remaining members shall possess professional qualifications in fields related to architecture or landscape architecture, including, but not limited to, building design, structural engineering, industrial design, urban planning, or landscape contracting. All members of the Board with professional qualifications shall reside within Santa Barbara County and all members shall hold office at the pleasure of the City Council. A person may serve on the Architectural Board of Review or the Historic Landmarks Commission and the Single Family Design Board at the same time.
C. 
Conduct of meetings. The members of the Single Family Design Board shall elect from their own members a chair and vice-chair. The Community Development Director shall act as secretary and record Board actions and render written reports thereof for the Board as required by this chapter. The rules of procedure for the Board shall be established and approved by resolution of the City Council. Three members shall constitute a quorum.
(Ord. 5416, 2007; Ord. 5646, 2014; Ord. 5798, 2017; Ord. 6091, 2022)
Community Development Director.
Community Development Director of the City of Santa Barbara, or designee.
Defined in this Chapter. If any word or phrase is defined in this chapter, the definition given in this chapter shall be operative for the purposes of this chapter.
Defined in the Municipal Code. If a word or phrase used in this chapter is not defined in this chapter, but is defined in Chapter 28.04 (for properties in the Coastal Zone), or either Chapter 30.295 or Chapter 30.300 (for properties in the Inland Zones) of this code, the word or phrase shall have the same meaning in this chapter as the meaning specified in the chapter that applies to the zone in which the property is located.
Project Design Approval.
The review and approval of an application filed pursuant to this chapter where the minutes of the Single Family Design Board identify the approval as "Project Design Approval." For the purposes of the State Permit Streamlining Act (Government Code Section 65950 et seq.), the Project Design Approval is the substantive approval of the project on its design merits.
Undefined Words and Phrases. Any words or phrases used in this chapter that are not defined in this chapter, Chapter 28.04 (for properties in the Coastal Zone), or either Chapter 30.295 or Chapter 30.300 (for properties in the Inland Zones) of this code shall be construed according to the common meaning of the words and the context of their usage.
(Ord. 5416, 2007; Ord. 5537, 2010; Ord. 5798, 2017; Ord. 6009, 2021)
A. 
Approval required before issuance of permit. No building permit, grading permit, vegetation removal permit, or subdivision grading plan, the application for which is subject to the review of the Single Family Design Board pursuant to this chapter, shall be issued without the approval of the Board or the City Council, on appeal.
B. 
Building permits - special design districts.
1. 
Mission Area Special Design District and Lower Riviera Survey Area - Bungalow District. Applications for building permits to construct, alter, or add to the exterior of a single-unit residence or a related accessory structure on a lot or lots within the Mission Area Special Design District or the Lower Riviera Survey Area - Bungalow District identified in Section 22.68.060 shall be referred to the Single Family Design Board for design review in accordance with the requirements of this chapter and the approved Single Family Design Board Guidelines.
2. 
Hillside Design District. Applications for building permits to construct, alter, or add to the exterior of any lot developed with either a single-unit residence, or a single-unit residence in combination with an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or an accessory structure on a lot or lots within the Hillside Design District identified in Section 22.68.060 shall be referred to the Single Family Design Board for design review in accordance with the requirements of this chapter and the approved Single Family Design Board Guidelines if either:
a. 
The average slope of the lot or the building site is 20% or more as calculated pursuant to Section 28.15.080 or 30.15.030 of this code; or
b. 
The application involves the replacement of an existing roof covering with a roof covering of different materials or colors.
C. 
Building permits - single-unit residential and additional residential units. Applications for building permits to construct, alter, or add to the exterior of any lot developed with either a single-unit residence, or a single-unit residence in combination with an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or an accessory structure on any lot shall be referred to the Single Family Design Board for design review in accordance with the requirements of this chapter and the Single Family Design Board Guidelines if the project for which the building permit is sought involves any of the following:
1. 
The construction of a new building or structure where any portion of the proposed construction is either: (a) two or more stories tall, or (b) 17 feet or taller in building height (for purposes of this paragraph 1, building height shall be measured from natural grade or finished grade, whichever is lower), or
2. 
An alteration to an existing building or structure where any portion of the proposed alteration either: (a) alters the second or higher story of the building or structure, or (b) alters a point on the existing building or structure that is 17 feet or higher in building height (for purposes of this paragraph 2, building height shall be measured from natural grade or finished grade, whichever is lower), or
3. 
An addition to an existing building or structure where any part of the proposed addition is either: (a) two or more stories tall, or (b) 17 feet or taller in building height (for purposes of this paragraph 3, building height shall be measured from natural grade or finished grade, whichever is lower), or
4. 
The net floor area of all floors of all existing and new buildings on the lot will exceed 4,000 square feet as calculated pursuant to Section 28.15.083 or 30.20.030.A. of this code, or
5. 
The project requires a net floor area modification pursuant to Section 28.92.110.A.6 or 30.250.020.E of this code, or
6. 
The construction, alteration, or addition of a deck on the second or higher floor (including roof decks) or a balcony on the second or higher floor of any building that will extend perpendicularly more than three feet from the adjacent exterior wall or will be more than seven feet in length in the dimension parallel to the adjacent exterior wall, or
7. 
The construction, alteration, or addition of a retaining wall that is six feet or greater in height, or
8. 
The construction, alteration, or addition of a wall, fence or gate in the front yard of the lot that is greater than three and one half feet in height, excluding walls, fences, or gates that are constructed along the interior lot lines of the lot, shall be referred to the Single Family Design Board for a review of the proposed wall, fence or gate, or
9. 
The installation of a manufactured home, mobile home or factory-built home (as those terms are defined in the California Health and Safety Code), subject to the limitations on review specified in Government Code section 65852.3 et seq., or
10. 
The installation of a single-unit residence that was, as a whole or in part, previously located on another lot, or
11. 
Grading outside the footprint of the main building on the lot that exceeds either: (i) 50 cubic yards on a lot within the Hillside Design District identified in Section 22.68.060, or (ii) 250 cubic yards on a lot that is not within the Hillside Design District. For purposes of this paragraph 11, soil located within five feet of an exterior wall of a main building that is excavated and recompacted shall not be included in the calculation of the volume of grading outside the main building footprint, or
12. 
Projects involving an application for an exception to the covered parking requirements as specified in Section 28.90.100.G.1.c. or 30.175.030.N.1.a.ii. of this code.
13. 
Any new buildings, additions, or exterior alterations to existing buildings, resulting in either: (a) detached accessory buildings greater than 500 square feet, or (b) buildings, or portions of buildings, providing covered parking, resulting in three or more covered parking spaces on the lot.
D. 
Subdivision grading plans. All subdivision grading plans involving grading on a lot or lots located in any of the One Family Residence Zones (Chapter 28.15) or Single-Unit Residential Zones (Chapter 30.20) of this code shall be referred to the Single Family Design Board for a review of the proposed grading.
E. 
Grading permits. Applications for grading permits that propose grading on a vacant lot or lots located within a One-Family Residence Zones (Chapter 28.15) or Single-Unit Residential Zones (Chapter 30.20) of this code or on any lot that is developed with a single-unit residence, or a single-unit residence in combination with either an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2) or accessory buildings, and which are not submitted in connection with an application for a building permit for the construction or alteration of a building or structure on the same lot or lots, shall be referred to the Single Family Design Board for a review of the proposed grading.
F. 
Vegetation removal permits. Applications for vegetation removal permits pursuant to Chapter 22.10 of this title on a lot or lots located within a One-Family Residence Zone (Chapter 28.15) or a Single-Unit Residential Zone (Chapter 30.20), or on any lot that is developed with single-unit residence, or a single-unit residence in combination with an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or accessory buildings, shall be referred to the Single Family Design Board for a review of the proposed vegetation removal.
G. 
Retaining walls. The following types of retaining wall improvements, if located on a lot or lots within a One-Family Residence Zone (Chapter 28.15) or a Single-Unit Residential Zone (Chapter 30.20), or on any lot that is developed with a single-unit residence, or a single-unit residence in combination with an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or accessory buildings shall be referred to the Single Family Design Board for design review of the proposed retaining walls in accordance with the requirements of this chapter and the approved Single Family Design Board Guidelines:
1. 
The construction of a retaining wall on a lot or a building site with an average slope of 15% or more (as calculated pursuant to Section 28.15.080 or 30.15.030 of this code), or
2. 
The construction of a retaining wall on a lot that is adjacent to or contains an ocean bluff, or
3. 
The construction of multiple terracing retaining walls that are not separated by a building or a horizontal distance of more than 10 feet where the combined height of the walls exceeds six feet.
H. 
Substantial alterations to approved landscape plans. The Single Family Design Board shall review any substantial alteration or deviation from the design, character, plant coverage at maturity, or other improvements specified on an approved landscape plan for any lot within the City of Santa Barbara that is developed with a single-unit residence where the conditions of approval for the development on the lot require the installation and maintenance of trees or landscaping in accordance with an approved landscape plan, whether or not such alteration or deviation to the landscape plan is proposed in connection with an alteration to a building or structure on the lot that is subject to design review by the Single Family Design Board. Whether a proposed alteration or deviation is substantial shall be determined in accordance with the Single Family Design Guidelines.
I. 
Minor zoning exceptions. The Single Family Design Board shall review applications for a Minor Zoning Exception whenever it is allowed by Title 30, on any lot that is developed with a single-unit residence or a single-unit residence in combination with Additional Residential Unit (Section 30.295.020.B.2), subject to the criteria and findings in Title 30.
J. 
Submittal requirements. Applications for review by the Single Family Design Board shall be made in writing in such form as is approved by the Director of Community Development. No application shall be considered complete unless accompanied by the application fee in the amount established by resolution of the City Council.
K. 
Administrative approval. Minor design alterations, as specified in the Single Family Design Guidelines or the Single Family Design Board Guidelines approved by a resolution of the City Council, may be approved as a ministerial action by the Community Development Director without review by the Single Family Design Board. The Community Development Director shall have the authority and discretion to refer any minor design alteration to the Single Family Design Board if, in the opinion of the Community Development Director, the alteration has the potential to have an adverse effect on the architectural or landscape integrity of the building, structure or surrounding property.
L. 
Presumption regarding prior grading, tree removal, and construction. There shall be a presumption that any grading, removal of trees, or construction that occurred on the lot within two years prior to the submittal of an application for a building permit to construct, alter, or add to a single-unit residence, an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2) or a related accessory structure was done in anticipation of such application, and said activities will be included in determining whether the project is subject to review by the Single Family Design Board pursuant to this chapter. For purposes of this presumption, if the prior work required a permit from the City, the prior work shall not be considered complete unless a final inspection has occurred or a certificate of occupancy has been issued. An applicant has the burden to rebut this presumption with substantial evidence sufficient to convince the Single Family Design Board that such work was not done in an effort to avoid review of the entirety of the project by the Single Family Design Board.
M. 
Single family design guidelines. The Single Family Design Guidelines adopted by resolution of the City Council shall provide direction and appropriate guidance to decision makers and City staff in connection with applications reviewed pursuant to this chapter.
(Ord. 5416, 2007; Ord. 5444, 2008; Ord. 5505, 2009; Ord. 5518, 2010; Ord. 5798, 2017)
A project shall be referred to the Historic Landmarks Commission for review under Section 30.220.020 of this Code if the project is proposed in any of the following locations:
A. 
A lot on which a City Landmark or City Structure of Merit is located;
B. 
A property on the City's Potential Historic Resources List; or
C. 
Any property located within the El Pueblo Viejo Landmark District or another landmark district.
Review by the Historic Landmarks Commission is in lieu of review by the Single Family Design Board under this chapter.
(Ord. 5416, 2007; Ord. 6119, 2023)
A. 
Projects that require a noticed public hearing. Single Family Design Board review of the following projects must be preceded by a noticed public hearing:
1. 
New single-unit residence, Additional Dwelling Unit (Section 28.93.030.E) or Additional Residential Unit (Section 30.295.020.B.2);
2. 
The addition of over 500 square feet of net floor area to a single-unit residence, an Additional Dwelling Unit (Section 28.93.030.E) or an Additional Residential Unit (Section 30.295.020.B.2);
3. 
An addition of a new second or higher story to a single-unit residence, an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or a related accessory structure;
4. 
An addition of over 150 square feet of net floor area to an existing second or higher story of a single-unit residence, an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or a related accessory structure;
5. 
Projects involving an application for a Minor Zoning Exception as specified in Title 30 of this code;
6. 
Projects involving grading in excess of 250 cubic yards outside the footprint of any main building (soil located within five feet of an exterior wall of a main building that is excavated and recompacted shall not be included in the calculation of the volume of grading outside the building footprint);
7. 
Projects involving exterior lighting with the apparent potential to create significant glare on neighboring parcels; or
8. 
Projects involving an application for an exception to the covered parking requirements as specified in Section 28.90.100.G.1.c or 30.175.030.M of this code.
B. 
Mailed notice. Not less than 10 calendar days before the date of the hearing required by subsection A above, the City shall cause written notice of the project hearing to be sent by first class mail to the following persons: (1) the applicant, and (2) the current record owner (as shown on the latest equalized assessment roll) of any lot, or any portion of a lot, which is located not more than 300 feet from the exterior boundaries of the lot which is the subject of the action. The written notice shall advise the recipient of the following: (1) the date, time and location of the hearing, (2) the right of the recipient to appear at the hearing and to be heard by the Single Family Design Board, (3) the location of the subject property, and (4) the nature of the application subject to design review.
C. 
Additional noticing methods. In addition to the required mailed notice specified in subsection B above, the City may also require notice of the hearing to be provided by the applicant in any other manner that the City deems necessary or desirable, including, but not limited to, posted notice on the project site and notice delivered to non-owner residents of any of the 10 lots closest to the lot which is the subject of the action. However, the failure of any person or entity to receive notice given pursuant to such additional noticing methods shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.
D. 
Projects requiring decisions by the city Council, Planning Commission, or Staff Hearing Officer. Whenever a project requires another land use decision or approval by the City Council, the Planning Commission, or the Staff Hearing Officer, the mailed notice of the first hearing before the Single Family Design Board shall comply with the notice requirements of this section or the notice requirements applicable to the other land use decision or approval, whichever are greater. However, nothing in this section shall require either: (1) notice of any hearing before the Single Family Design Board to be published in a newspaper; or (2) mailed notice of hearings before the Single Family Design Board after the first hearing conducted by the Single Family Design Board, except as otherwise provided in the Single Family Design Board Guidelines adopted by resolution of the City Council.
(Ord. 5416, 2007; Ord. 5444, 2008; Ord. 5518, 2010; Ord. 5798, 2017)
If a project is referred to the Single Family Design Board for review pursuant to Section 22.69.020 and the Single Family Design Board Guidelines, the Single Family Design Board shall make the findings specified below prior to approving the project.
A. 
Neighborhood preservation findings. Prior to approval of any project, the Single Family Design Board shall make each of the following findings:
1. 
Consistency and Appearance. The proposed development is consistent with the scenic character of the City and will enhance the appearance of the neighborhood.
2. 
Compatibility. The proposed development is compatible with the neighborhood, and its size, bulk, and scale are appropriate to the site and neighborhood.
3. 
Quality Architecture and Materials. The proposed buildings and structures are designed with quality architectural details. The proposed materials and colors maintain the natural appearance of the ridgeline or hillside.
4. 
Trees. The proposed project does not include the removal of or significantly impact any designated Specimen Tree, Historic Tree or Landmark Tree. The proposed project, to the maximum extent feasible, preserves and protects healthy, non-invasive trees with a trunk diameter of four inches or more measured four feet above natural grade. If the project includes the removal of any healthy, non-invasive tree with a diameter of four inches or more measured four feet above natural grade, the project includes a plan to mitigate the impact of such removal by planting replacement trees in accordance with applicable tree replacement ratios.
5. 
Health, Safety, and Welfare. The public health, safety, and welfare are appropriately protected and preserved.
6. 
Good Neighbor Guidelines. The project generally complies with the Good Neighbor Guidelines regarding privacy, landscaping, noise and lighting.
7. 
Public Views. The development, including proposed structures and grading, preserves significant public scenic views of and from the hillside.
B. 
Hillside Design District and sloped lot findings. In addition to the findings specified in subsection A above, prior to approval of any project on a lot within the Hillside Design District described in Section 22.68.060 or on a lot or a building site that has an average slope of 15% or more (as calculated pursuant to Section 28.15.080 or 30.15.030 of this code), the Single Family Design Board shall make each of the following findings:
1. 
Natural Topography Protection. The development, including the proposed structures and grading, is appropriate to the site, is designed to avoid visible scarring, and does not significantly modify the natural topography of the site or the natural appearance of any ridgeline or hillside.
2. 
Building Scale. The development maintains a scale and form that blends with the hillside by minimizing the visual appearance of structures and the overall height of structures.
C. 
Grading findings. In addition to any other applicable findings specified in this section, prior to approval of any project that requires design review under Section 22.69.030 of this chapter, the Single Family Design Board shall make each of the following findings:
1. 
The proposed grading will not significantly increase siltation in or decrease the water quality of streams, drainages or water storage facilities to which the property drains; and
2. 
The proposed grading will not cause a substantial loss of southern oak woodland habitat.
D. 
Vegetation removal findings. In addition to any other applicable findings specified in this section, prior to approving a vegetation removal permit that requires design review under Section 22.69.030 of this chapter, the Single Family Design Board shall make each of the following findings:
1. 
The proposed vegetation removal will not significantly increase siltation in or decrease the water quality of streams, drainages or water storage facilities to which the property drains; and
2. 
The proposed vegetation removal will not cause a substantial loss of southern oak woodland habitat; and
3. 
The proposed vegetation removal will comply with all applicable provisions of Chapter 22.10, "Vegetation Removal," of this code.
(Ord. 5416, 2007; Ord. 5444, 2008; Ord. 5798, 2017)
If a project proposes more than 500 square feet of new net floor area (new construction, replacement construction, or additions), and the net floor area of all existing and new buildings on the lot resulting from the application will exceed 4,000 square feet of net floor area as calculated pursuant to Chapter 28.04, all new square footage (new construction, replacement construction, or additions) proposed as part of the project shall meet or exceed a three-star designation under the Santa Barbara Contractors' Association Built Green program or equivalent standards under another green construction program recognized by the City.
(Ord. 5518, 2010)
A. 
Planning Commission comments. When the Single Family Design Board determines that a project is proposed for a site which is highly visible to the public, the Board may, prior to granting preliminary approval of the application, require presentation of the application to the Planning Commission solely for the purpose of obtaining comments from the Commission regarding the application for use by the Single Family Design Board in its deliberations.
B. 
Notice and hearing. Prior to making any comments regarding an application pursuant to this section, the Planning Commission shall hold a noticed public hearing. Notice of the hearing shall be provided in accordance with the requirements of Section 22.69.040.
(Ord. 5416, 2007)
A. 
Special Design District area map - Lower Riviera Survey Area - Bungalow District. Applications for building permits to construct, alter, or add to single-unit residential development or related accessory buildings or structures on lots located within the "Lower Riviera Survey Area - Bungalow District" established pursuant to Section 22.68.060 shall be subject to design review in accordance with the requirements of this section as follows:
B. 
Review of building permit applications. Applications for building permits to construct, alter, or add to single-unit residential development on lots located within the Bungalow District shall be referred to the Community Development Director for review to determine if the application constitutes a project to demolish the structure. For the purposes of this section, a "demolition" shall be as defined in Section 30.300.080. Such a determination shall be made by the Community Development Director in writing within 30 days of the date of the original permit application. If the Community Development Director determines that the property is eligible for listing on the City's Potential Historic Resources list, the application shall be referred to the Historic Landmarks Commission for determination of the historical significance of the buildings or structures pursuant to Section 30.157.110. If it is determined that the property is not eligible for listing on the City's Potential Historic Resources list, and the Community Development Director determines that the application does constitute an application to demolish the structure, such application shall be referred to the City's Single Family Design Board for review by the Board in accordance with the requirements of this section. If the Community Development Director determines that the application does not constitute a demolition under the terms of this section, the building permit shall be issued upon compliance with the otherwise applicable requirements of this code for appropriate and required design and development review.
C. 
Review of Bungalow District demolition applications by the Single Family Design Board. An application referred to the Single Family Design Board pursuant to subsection B above shall be reviewed by the Board in accordance with the hearing, noticing, and appeal procedures established in Sections 22.69.040 and 22.69.080. An application referred to the Single Family Design Board pursuant to subsection B above shall not be approved unless the Single Family Design Board makes all of the following findings with respect to that application:
1. 
That the demolition will not result in the loss of a structure containing a primary feature or features of Bungalow or Arts and Crafts style residential architecture, which features are worthy of or appropriate for historical preservation;
2. 
That the demolition will not result in the loss of a structure which, although not eligible as a City Historic Resource, is a prime example of the Bungalow or Arts and Crafts style residential building appropriate for historical preservation;
3. 
That the demolition will not result in the loss of a structure which is prominent or which is a prime example of the Bungalow or Arts and Crafts style residential architecture for which this neighborhood is characterized or known.
D. 
Single Family Design Board conditional approval of demolition within the Bungalow District.
1. 
Notwithstanding the above-stated requirement for appropriate demolition findings, the Single Family Design Board may approve a demolition application within the Bungalow District if the Board conditions the demolition permit such that any proposed future development of the real property upon which the structure or structures are located must comply with express conditions of approval designed to preserve certain existing architectural features or buildings, as determined appropriate by the Board.
2. 
Such conditions may provide that any future development of the property involved must either incorporate the existing structures, in whole or in part, into the new development, or it must preserve certain features or aspects of the existing structures or of the site such that these features are incorporated into any future development of the real property, either through the preservation of the building or feature or its replication in the new development, as may be determined appropriate by the Board.
3. 
Such conditions of approval shall be prepared in written format acceptable to the Community Development Director and the City Attorney and shall be recorded in the official records of Santa Barbara County with respect to the involved real property prior to issuance of any building permit for said demolition such that these conditions shall be binding on all future owners of the real property as conditions imposed on any new development for a period of 20 years after the conditional approval of the original demolition application and the completion of the demolition.
E. 
Review of new development within the Bungalow District by Single Family Design Board. Applications for building permits to construct new single-unit residential development on lots located within the Bungalow District shall be referred to the Single Family Design Board for development plan review and approval in accordance with the public hearing, noticing and appeal requirements of Sections 22.69.040 and 22.69.080.
F. 
Bungalow District findings. The Single Family Design Board shall not approve a new single-unit residential development within the Bungalow District unless it makes both of the following findings:
1. 
Express conditions of approval have been imposed on the proposed development which appropriately incorporate the existing structures or architectural features or other aspects of these structures (or of the site involved) into the new development, or these structures, features or aspects will be appropriately replicated in the new development; and
2. 
The proposed development will not substantially diminish the unique architectural style and character of the Bungalow District as a residential neighborhood of the City.
G. 
Guidelines for Special Design District. The Lower Riviera Special Design District Guidelines adopted by resolution of the City Council shall provide direction and appropriate guidance to the decision makers and City staff in connection with the review of applications filed pursuant to this section.
(Ord. 5416, 2007; Ord. 5798, 2017)
A. 
Procedure for appeal. Any action of the Single Family Design Board to approve, conditionally approve, or deny project design approval or project final approval subject to this chapter shall be appealable to the Planning Commission under the provisions of subsection B of Section 30.205.150 of this Code and subsections B and C of this section. Notwithstanding Section 30.205.150, subsection A.3, and Section 1.30.050 of this Code, the Planning Commission decision on appeal shall be final subject only to judicial review as provided in Section 1.30.020.
B. 
Notice of appeal. Notice of the public hearing before the Planning Commission on an appeal from a decision of the Single Family Design Board made pursuant to this chapter shall be provided in the same manner as notice was provided for the hearing before the Single Family Design Board.
C. 
Planning Commission decision - limits on new evidence. The Planning Commission will decide the appeal in the exercise of its independent judgment based upon the record of the proceedings of the Single Family Design Board. New evidence will not be considered unless the Planning Commission determines by a majority vote at the hearing on the appeal that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Single Family Design Board.
D. 
The Planning Commission decision on the appeal shall be based upon findings required by this chapter and the guidelines adopted pursuant to subsection M of Section 22.69.020.
(Ord. 5416, 2007; Ord. 6004, 2021; Ord. 6119, 2023)
A. 
Project design approval.
1. 
Approval Valid for Three Years. A Project Design Approval issued by the Single Family Design Board or the Planning Commission on appeal shall expire if a building permit for the project is not issued within three years of the final decision approving or conditionally approving the Project Design Approval.
2. 
Extension of Project Design Approval. Upon a written request from the applicant submitted prior to the expiration of the Project Design Approval, the Community Development Director may grant one two-year extension of a Project Design Approval.
B. 
Exclusions of time. The time period specified in this chapter for the validity of a Project Design Approval shall not include any period of time during which either of the following applies:
1. 
A City moratorium ordinance on the issuance of building permits is in effect; or
2. 
A lawsuit challenging the validity of the project's approval by the City is pending in a court of competent jurisdiction.
(Ord. 5416, 2007; Ord. 5518, 2010; Ord. 5537, 2010; Ord. 6119, 2023)