Chapter 16.62 LAND USE REVIEW AND DESIGN REVIEW

The purpose of this chapter is to:

Provide rules, regulations and standards for efficient and effective administration of land use and site development review;

Implement the development patterns described in the City's Land Development Code and Comprehensive Plan;

Promote the public health, safety and general welfare;

Provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards;

Encourage the conservation of energy resources; and

Encourage efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed, human-scaled design.

(Ord. 389 § 1(Exh. A), 2009; Ord. 501 § 1, 2016)

§ 16.62.020 Review types and applicability.

Review Types.

Type I land use review/minor design review is conducted by the Planning Official or designee without a public hearing. See Chapter 16.61 for review procedure. It applies to changes in land use and developments that do not require a conditional use permit or Type II/Type III minor/major site design review approval. Type I land use review/minor design review is designed to ensure compliance with clear and objective land use and development standards of the land use district, such as lot area, building setbacks and orientation, lot coverage, maximum building height, design standards and other objective provisions of Article 16.2. The Type I land use review/minor design review is accommodated by the Planning Official or designee's review of building permit and site plan materials.

As specified in Table 16.62.020-1, minor design review is conducted by either the Planning Official or designee as either a Type I or a Type II decision or as a Type III decision by the Hearings Officer in a public hearing (Type III-HO). Architectural review comments are provided by a contracted, licensed, professional architect. See Chapter 16.61 for review procedure. A Type III-HO review in particular is intended for moderately sized, more complex developments that require more detailed review of the proposed design and the exercise of both objective and subjective decision making in the design review process. When a land use application is received, the Planning Official shall determine the appropriate design review process.

Major design review is conducted by the Design Review Board (Type III-DRB) at a public hearing. Major design review is intended for larger, significantly more complex developments that require more detailed review of the proposed design and the exercise of both objective and subjective decision making in the design review process as specified in Table 16.62.020-1.

Applicability. Type I land use review/minor design review or Type II minor/major design review is required for all new development and modification to an existing development as described in Table 16.62.020-1 below. Land uses and developments that exceed the thresholds for Type I land use review/minor design review require either Type II minor or Type III minor/major design review. The Planning Official shall determine the required review procedure at the time the application is received.

Table 16.62.020-1 Land Use and Minor and Major Design Review
Review by the Planning Official or designee is demarked with "PO"; review by the Hearings Officer with "HO"; and review by the Design Review Board with "DRB."

Proposed Activity	Type I Land Use Review/Minor Design Review	Type II Minor Design Review	Type III Minor/Major Design Review
Change in Occupancy or Use
Change in occupancy from one type of land use to a similar land use	PO
A change in use of a structure from residential to commercial or industrial		PO
Creation of single-family attached, duplex, triplex, quadplex, or cottage cluster housing through internal conversion of, or addition to, existing dwellings ¹	PO
New Construction
Single-family detached dwelling (including manufactured home on its own lot), single-family attached dwellings (townhomes), duplexes, triplexes, quadplexes, cottage clusters	PO
Multifamily residential developments 30 dwelling units or less		PO
Residential developments of 31 to 60 dwelling units			HO
Residential developments of 61 dwelling units or more			DRB
Nonresidential development up to 5,000 square feet (structures only) in size		PO
Nonresidential development between 5,001 and 14,999 square feet (structures only) in size			HO
Nonresidential development greater than 15,000 square feet (structures only) in size			DRB
Nonresidential and Multifamily Additions and Remodeling
Nonresidential or multifamily building additions or substantial exterior remodeling up to 20 percent of existing gross floor area or building height, except that the following shall require minor design review:	PO
Enlarging or extending a nonconforming use Increases the building footprint or height Modifies more than 25 percent of the facade or, if the property abuts property zoned for residential use, modifies any portion of the facade visible from the residentially zoned property		PO
Expansion or substantial exterior remodeling of existing nonresidential or multifamily development greater than 20 percent of the building's gross floor area or existing building height			HO
A tenant improvement including re-painting of more than 50 percent of the total façade	PO
Other Activities
Modifications to single-family detached dwelling (including manufactured home on its own lot), single-family attached dwellings (townhomes), duplexes, triplexes, quadplexes, cottage clusters	PO
Minor modifications to development approvals as defined by Chapter 16.66		PO
Any proposed development that has a valid conditional use permit. Major modifications to a development with a conditional use permit shall require review and approval in accordance with Chapter 16.64, Conditional Use Permits	PO
Temporary uses requiring a permit under Chapter 16.69	PO
Mobile food unit sites (see Section 16.69.030 for thresholds)	PO	PO	HO/DRB
Accessory structures and accessory parking	PO
Development and land uses that are part of a previously approved design review or conditional use permit application	PO
Public improvements required by a condition of approval (e.g., transportation facilities and improvements, parks, trails, and similar improvements, as determined by the Planning Official)	PO
Construction of retaining walls over 12 feet in height		PO
Dredging, filling, grading, paving, construction of retaining walls 4 to 12 feet in height	PO

Notes:
¹ The following applies to conversion of any housing type to single-family attached, duplex, triplex, quadplex or cottage cluster housing:
A.	The converted housing type is a permitted use in the underlying zone.
B.	With the exception of minimum parking requirements, the conversion does not create a nonconforming use or increase nonconformance with applicable development or design standards.
C.	With the exception of conversions to cottage clusters, middle housing conversions are exempt from additional residential design standards found in Article 16.4 of this title.
D.	Separate utility connections are provided or available for the additional unit(s), either on the side or front of the house.

Exemptions.

Regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing and similar maintenance and repair shall be exempt from review.

A building expansion that is solely designed and constructed to:

Provide accessibility for the disabled;

Provide for energy conservation (e.g., addition of an entry vestibule);

Provide for screened recycling or trash storage; or

Relocate or screen visible exterior mechanical equipment so that such equipment is no longer visible.

(Ord. 389 § 1, 2009; Ord. 398 § 1, 2010; Ord. 422 § 1, 2012; Ord. 501 § 1, 2016; Ord. 521 § 3, 2017; Ord. 526 § 1, 2017; Ord. 545 § 1, 2019; Ord. 552 § 1, 2020; Ord. 561 § 1, 2022; Ord. 582, 3/19/2024; Ord. 592, 6/3/2025)

§ 16.62.030 Design review.

Design Review Board—Appointment, Term Limits and Membership. The City Council shall appoint a Design Review Board to serve as expert professional advisors to aid in the review of certain development applications as provided in Chapter 2.16 (Volunteer Committees) of the Happy Valley Municipal Code.

Time Limits. Unless a phased development is approved, design review approval expires after three years of the date of the final decision if an application for a building permit has not been submitted. Unless the approval provides otherwise, all building permits associated with the approval shall be issued within five years of date of the final decision. Phasing of development may be approved with the design review application, subject to the following standards and procedures:

A phasing plan shall be submitted with a design review and/or subdivision application.

A decision to approve the application shall include a phasing schedule for developing the site in phases, but in no case shall the total time period for all phases be greater than seven years from the date of approval without reapplying for design review.

An application for phased development must satisfy all of the following criteria:

The public facilities required to serve each phase are constructed in conjunction with or prior to the phase;

The development and occupancy of any phase that is dependent on the use of temporary public facilities requires approval by the City Engineer, Building Official and any applicable service provider. Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required public improvements in accordance with Section 16.50.080. A temporary public facility is any facility not constructed to the applicable City or district standard as determined by the City Engineer;

The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal.

An application for phasing may be approved after design review or subdivision approval as a modification to the approved plan, in accordance with the procedures for a minor modification (Chapter 16.66). As determined by the Planning Official, if significant impacts will occur due to the proposed phasing, the application may be processed as a major modification.

Design Review Application Requirements. In order to be deemed complete, a design review application shall contain all of the following plans and elements, unless specifically waived by the Planning Official or designee:

Submittal requirements for minor and major design review:

Existing conditions plan;

Site plan;

Landscape plan;

Grading plan;

Color architectural elevations;

Site photographs;

Building materials exhibit;

Lighting plan;

Signage plan (if available);

Refuse/recycling facility elevations;

Narrative;

Additional requirements as determined by the Planning Official.

Design Review Plans-Information Requirements. Design review plans shall include the following:

Electronic copies of all documents formatted to be able to be printed at "full size" (24 by 36 inches) and "one-half size" (11 by 17 inches) and maintain a standard engineering or architectural scale at printed size. Larger-sized copies are allowed at the discretion of the City;

Drawings shall be at a scale sufficiently large enough to enable all features of the design to be clearly discerned;

All plans should have a north arrow, title, scale and date of plan.

Existing Conditions Plan. This element of design review shall indicate the following site characteristics:

Assessor's tax map and tax lot number;

Boundary dimensions and area of the site;

Location of all existing structures, including their distances from the property line;

The location and names of all existing streets within or on the boundary of the development;

Location and species of trees greater than six inches in diameter when measured four and one-half feet above the natural grade and an indication of which trees are to be removed;

On sites that contain slopes greater than 15%, potential geologic hazards or unique natural features including environmental zones or overlays that may affect the proposed development, along with contours mapped at five-foot intervals;

Natural drainageways and other significant natural features such as wetlands, riparian corridors, and protected water features;

All buildings, roads, retaining walls, curb cuts, and other manmade features;

Topographical survey to include structures and natural features (wetlands, riparian corridors and their buffers) on adjoining property within 200 feet of the site; and

10.

A survey of the subject property by a licensed land surveyor clearly delineating property boundaries shall be provided and shall be accurate as to current state of property.

Site Plan. This element of the design review plan shall indicate the following:

Area of the site covered by the structures described in this subsection and their percentage of the site;

All external dimensions of proposed buildings and structures;

Parking and circulation areas including their dimensions;

Service areas for such uses as the loading and delivery of goods;

Locations, purpose, and dimensions of easements;

Pedestrian circulation;

The location of mechanical equipment, garbage disposal areas, utility appurtenance, and similar structures;

Exterior lighting, including the type and intensity, are to be illustrated;

Provisions for handicapped persons;

10.

Other site elements, which will assist in the evaluation of site development;

11.

The location and names of all existing streets within or on the boundary.

A block on the plans stating the following:

For commercial and nonresidential development:

(A)

The square footage contained in the area proposed to be developed;

(B)

The percentage of the lot covered by:

Structures,

Parking areas,

Recreation areas,

Landscaping,

Other impervious surface areas needed to measure lot coverage.

ii.

For residential development:

(A)

The total square footage in the development;

(B)

The number of dwelling units in the development (include the units by the number of bedrooms in each unit, e.g., 10 one-bed-room, 25 two-bedrooms, etc.);

(C)

The percentage of the lot covered by:

Structures,

Parking areas,

Recreation areas,

Landscaping,

Other impervious surface areas needed to measure lot coverage.

Landscape Plan. This element of the design review plan should indicate the following:

Landscape plans shall be prepared by a licensed landscape architect;

Locations of buildings and structures, including pathways, driveways and parking areas;

Location of areas to be landscaped;

Private and shared outdoor recreation areas;

List of plant materials, including genus, species, common name, sizing, quantity and spacing;

Pertinent landscape features including walls, retaining walls, berms, fences and fountains;

A note on the plan indicating that an irrigation system will be installed to maintain the landscape materials and the method of irrigation;

The size, species, and locations of plant materials to be retained or placed on the site;

The locations and design details of walkways, plazas, courtyards, and similar seating areas including related street furniture and permanent outdoor equipment including sculpture;

10.

The location and design details of proposed fencing, retaining walls, and trash collection areas; and

11.

A proposed plan for the maintenance of the landscape plan including the replacement of plants as may be needed to preserve the visual integrity of the site.

Grading Plan. This element of design review shall indicate the following: grading and drainage plans including spot elevations and contours at close enough intervals to easily convey the slope of the site.

Architectural Elevations. This element of the design review plan shall indicate the following: color exterior elevations, showing finish materials, windows, doors, light fixtures, stairways, balconies, decks, and architectural details. These elevations shall be provided for every exterior wall surface including those that are completely or partially concealed from view by overlapping portions of the structure. Existing and finished grades at the center of all walls shall be shown with elevation of floors indicated and a dimension showing compliance with height limitations.

Site Photographs. This element of the design review plan shall indicate the following:

Photographs depicting the site and its relationship to adjoining sites;

Current aerial photos accurately depicting existing conditions.

Building Materials Exhibit. This element of the design review plan shall include a written description and photographic representation of the following: the color and texture of finish materials and color ranges of siding and other façade treatment, roofing, windows and trim.

Lighting Plan. This element of the design review plan shall indicate the following:

Illustrate the type of exterior wall light fixtures including the lamp types with manufacturer's specification sheet and the levels of illumination that they provide;

Location and type of street and parking lot light fixtures including the lamp types along with manufacturers specification sheet and the levels of illumination that they provide;

A comprehensive graphic plan showing the location, size, material, and method of illumination of all monument signs. Individual signs shall go through the sign permit process outlined in Chapter 16.45 of this title; and

The location, type, and intensity and manufacturer's specification sheet of light proposed to illuminate outdoor areas.

Additional Requirements.

The City may require the following in addition to the materials cited in Chapter 16.66. This determination will be made as part of the pre-application conference process.

Additional information that may be required includes, but is not limited to:

Traffic impact analysis, completed pursuant to Section 16.61.090;

Architectural models;

Natural resource assessment, consistent with the requirements of Chapter 16.34;

Other information as requested by the Planning Official or designee.

Narrative. A design review narrative shall be provided that addresses each of the applicable standards and criteria in Section 16.62.030(O) and the following Sections 16.50.080, Construction plan approval— Bonding and assurances and 16.62.030, Design Review.

General Design Review Criteria.

Applicability. The following criteria apply to design review projects except for single-family detached, single-family attached (townhome), duplex, triplex, quadplex, and cottage cluster residential development.

Relationship to Other Standards. The criteria of this section apply in addition to other standards of this title. Where requirements conflict with standards in other sections of this title, the standards of this section shall govern; except that Happy Valley Style Design Review standards in Chapter 16.46 shall supersede, and where applicable, the multifamily standards in Section 16.44.010 shall supersede.

Criteria.

The proposed development preserves significant natural features such as natural drainageways, wetlands, and trees outside the construction area as defined in Section 16.42.050, to the maximum extent feasible, and conforms to the provisions of Sections 16.35.050 and 16.35.020.

Phased projects shall be designed to the greatest degree possible so that each phase, in and of itself, is complete in its functional, traffic, parking, visual, drainage and landscaping aspects.

Where appropriate, the design includes a parking and circulation system that includes a pedestrian and vehicular orientation including separate service area(s) for delivery of goods.

The location, size, shape, height and spatial and visual arrangement of the uses and structures are compatible, with the consideration given to increased setbacks, building heights, shared parking, common driveways and other similar considerations.

That there is desirable, efficient and functional interrelationship among buildings, building entrances, existing and proposed transit stops, transit facilities and routes, parking, loading area, circulation, open spaces, landscaping and related activities and uses on the site.

Utilize landscaping in parking areas to direct and control vehicular movement patterns, screen headlights from adjacent properties and streets, and lessen the visual dominance of pavement coverage.

The proposed development meets all other applicable provisions of this Land Development Code.

The proposed development will be adequately served by Level 1 services per Section 16.50. The City Engineer may approve alternatives based on feasibility.

Provide safe pathways for pedestrians to move from parking areas to building entrances and adjoining commercial sites.

All building exterior improvements approved through the design review process shall be continually maintained including necessary painting and repair so as to remain substantially similar to the original approval through the design review process.

A landscape plan shall be approved consistent with design standards in Chapter 16.42 in a manner that will assure the maintenance and visual integrity of the site.

All plans shall comply with the purpose statement in Section 16.62.010.

Provide vehicular connections to adjoining commercial sites.

Neighborhood Circulation Plan. Unless waived by the City Engineer, all proposals shall include neighborhood circulation plans that conceptualize future street plans and lot patterns to undeveloped parcels within 500 feet of the subject site. Circulation plans shall address future vehicular/bicycle/pedestrian transportation systems including bike lanes, sidewalks, bicycle/pedestrian paths, and destination points. A circulation plan is conceptual in that its adoption does not establish a precise alignment. An applicant for design review is required to submit a circulation plan unless the applicant demonstrates to the Planning Official (or designee) one of the following:

An existing street or proposed new street need not continue beyond the land to be divided in order to complete or extend an appropriate street system or to provide access to adjacent parcels within 500 feet of the proposed development; or

ii.

The proposed street layout is consistent with a street pattern adopted as part of the City's transportation system plan, or a previously adopted circulation plan.

(Ord. 389 § 1(Exh. A), 2009; Ord. 406 § 1, 2010; Ord. 427 § 1, 2012; Ord. 501 § 1, 2016; Ord. 521 § 3, 2017; Ord. 561 § 1(Exh. A) 2022; Ord. 582, 3/19/2024)

§ 16.62.040 Development in accordance with permit approval—Modifications—Permit expiration.

Development shall not commence until the applicant has received all of the appropriate land use and development approvals, including construction plan approval and any applicable bonding or posting of securities. Construction of public improvements shall not commence until the City has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The City may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements in accordance with Section 16.50.080 Construction Plan Approval, Bonding and Assurances. Land Use Review and Design Review approval is subject to all of the following standards and limitations.

Modifications to Approved Plans and Developments. Modifications of an approved plan or existing development shall be processed per Chapter 16.66. A decision to approve a minor or major modification expires two years from the date of approval.

Approval Period. A decision to approve a minor or major modification expires two years from the date of approval if:

A public improvement plan or building permit application for the project has not been submitted within two years of approval; or

Construction on the site is in violation of the approved plan.

Phased Development. Phasing of development may be approved with the design review application, subject to the following standards and procedures:

A phasing plan shall be submitted with a design review and/or subdivision application.

An application for phased development must satisfy all of the following criteria:

The public facilities required to serve each phase are constructed in conjunction with or prior to the phase;

The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and

(Ord. 389 § 1(Exh. A), 2009; Ord. 406 § 1, 2010; Ord. 501 § 1, 2016; Ord. 582, 3/19/2024)