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Exhibit B
Review Criteria
26.412.020 – Commercial Design Review
A. Applicability. Except as outlined below, this Section applies to all commercial, lodging
and mixed-used development within the City requiring a building permit. All development shall be
reviewed pursuant to the Character Area in which it is located. The Community Development
Director shall assign an appropriate Character Area to properties subject to Commercial Design
Review that are not located within a defined Character Area.
Staff Response: Some of the work proposed at 205 S. Mill will involve minor changes to the
rooftop equipment on a building that falls within a Commercial Core Character Area. The
proposed changes are subject to Commercial Design Review.
26.412.090. – Amendments
A.3. Administrative Review. The Community Development Director may approve a
Commercial Design Review if it is determined that the proposed work has no adverse effect on
the physical appearance or character defining features of a development. An application for
administrative review may be approved if it meets the following requirements:
a) It is deemed that the activity is an eligible work item and meets the Commercial,
Lodging, and Historic District Design Standards and Guidelines; and,
b) Any modifications to the proposed work requested by the Community Development
Director are agreed to by the owner/applicant.
Staff Response: The proposed changes to the rooftop equipment at 205 S Mill St are subject to
administrative review for Commercial Design Review. The changes will not create a more
substantial visual impact to the structure compared to the existing equipment. The overall height
of the equipment will be decreased by almost four feet. The new and replaced equipment will
closely match the color of the other rooftop mechanical equipment. Regarding criteria A, the
proposed improvements are deemed as an eligible work item and meet the Commercial Design
Standards and Guidelines. These features also meet criteria B and are agreed to by the
owner/applicant.
26.415.070. Development involving designated historic property or property within a
historic district.
B. Certificate of no negative effect.
1. An application for a certificate of no negative effect may be made to the Community
Development Director for approval of work that has no adverse effect on the physical
appearance or character-defining features of a designated property. An application for a
certificate of no effect may be approved by the Community Development Director with no
further review if it meets the requirements set forth in the following Subsection
26.415.070.B.2:
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2. The Community Development Director shall issue a development order based upon a
certificate of no negative effect within fourteen (14) days after receipt of a complete
application if:
a) It is determined that the activity is an eligible work item and meets the City Historic
Preservation Design Guidelines and
b) Any modifications to the proposed work requested by the Community Development
Director are agreed to by the owner/applicant and
c) The proposed work will not diminish, eliminate or adversely affect the significant
historic and/or architectural character of the subject property or Historic District in
which it is located.
From: Historic Preservation Guidelines
Mechanical Equipment & Service Areas 12.4
• Place mechanical equipment on the ground where it can be screened. • Mechanical
equipment may only be mounted on a building on an alley façade.
• Rooftop mechanical equipment or vents must be grouped together to minimize their
visual impact. Where rooftop units are visible, it may be appropriate to provide
screening with materials that are compatible with those of the building itself. Use the
smallest, low profile units available for the purpose.
• Paint mechanical equipment in a neutral color to minimize their appearance by blending
with their backgrounds
• In general, mechanical equipment should be vented through the roof, rather than a wall,
in a manner that has the least visual impact possible.
Staff Response: Mechanical equipment is an eligible work item for consideration under the
Certificate of No Negative Effect. There is not a feasible location for the equipment to be installed
at ground level. While the equipment is prominently visible, the proposed upgrade does a much
better job in grouping the equipment to reduce visual impact. A condition of approval requires the
painting of the equipment to a matte, dark grey color. A second condition requires that a required
access ladder and safety tie offs for maintenance personnel be approved by the Historic
Preservation Officer prior to installation. Staff does not want screening of the equipment. Staff
finds these criteria to be met.
26.435.050. Mountain view plane review.
A. Jurisdiction. Unless subject to Administrative Review as described in Section
26.435.050.D, all applications for development which infringes upon a designated view plane shall
be subject to administrative review or review for an exemption in compliance with this Section by
the Planning and Zoning Commission or Historic Preservation Commission (collectively, the
Review Body). Projects unable to meet the applicable view plane standards shall be required to
obtain a variation from the requirements and standards of this section from the applicable review
body and are subject to a public vote as required by section 13.14 of the City Charter.
Commented [BA1]: Enumerate and Include these
conditions in the NOA - at the bottom.
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Staff Response: The property at 205 S Mill St is located in the midground of the Mian Street
Mountain View Plane. The proposed changes to the Wireless Communications Facility located
on the roof are subject to View Plane Review.
D. Exemptions. The following development activities on properties located in the mid- and
background of a view plane are exempt from the provisions of this Section and may proceed
directly to zoning compliance check and building permit review, where the applicant shall
demonstrate the improvement meets the following review criteria.
2. Attached Building Features.
a. Attached building features, including those features listed in Section
26.575.020(f)(4), Allowed Exceptions to Height Limitations, and mechanical
equipment or building appurtenances (including but not limited to a satellite
dish, HVAC equipment, stairwell enclosure, elevator shaft, ventilation
equipment, or skylights) that are added to an existing building are exempt only
with the following setbacks and when the height of the feature complies with
Section 26.575.020(f)(4), Allowed Exceptions to Height Limitations:
Location Required Setback from the Lot Line Closest to the View Plane Reference
Point.
Foreground Greater than 50% of the lot length (minimum) (as measured from the front lot line)
Midground 20 feet (minimum)
Background No additional setback required other than those that may be prescribed in Section
26.575.020
Staff Response: The property at 205 S Mill St falls within the Midground of the Main Street View
Plane. This application for proposed changes to the rooftop wireless facility is subject to the 20-
feet minimum setback for attached building features. The proposed equipment will all be located
over 50 feet from the Hopkins Ave property line, exceeding the minimum setback requirement.
26.505.030. – Wireless Communication Facilities and Equipment
A. Applicability. All applications for the installation or development of WCFs and/or
equipment must receive land use approval, building permits, and/or right-of-way permits, as
applicable, prior to installation. Concurrent with the issuance of appropriate building and right-of-
way permits, WCFs and/or equipment shall be reviewed for approval by the Community
Development Director (and when applicable, the City Engineer) in conformance with the
provisions and criteria of this Chapter. WCFs and equipment subject to the provisions and criteria
of this Chapter include without limitation, WCFs within the Public Rights-of-Way, cellular
telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services
(PCS), commercial mobile radio service (CMRS) and other wireless commercial
telecommunication devices and all associated structures and equipment including transmitters,
antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms.
These provisions and criteria do not apply to noncommercial satellite dish antennae, radio and
television transmitters and antennae incidental to residential use. All references made throughout
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this Chapter, to any of the devices to which this Chapter is applicable, shall be construed to
include all other devices to which this Chapter is applicable.
Staff Response: The applicant will be making updates to the equipment for the Verizon Wireless
Rooftop Facility at 205 S Mill St. These equipment changes will be compliant with FCC regulations
once mitigations measures recommended in the included NIER report are implemented.
26.505.060. – Procedures for Review
C. Review Procedures for Eligible Facilities Requests
1) In all zone districts, Eligible Facilities Requests shall be considered a permitted use,
subject to administrative review. The City shall prepare, and from time to time revise,
and make publicly available, an application form which shall require submittal of
information necessary for the City to consider whether an application is an Eligible
Facilities Request. Such required information may include, without limitation, whether
the project:
a. Constitutes a Substantial Change; or
b. Violates a generally applicable law, regulation, or other rule codifying objective
standards reasonably related to public health and safety.
The application shall not require the applicant to demonstrate a need or business case for the
proposed modification or Collocation.
Staff Response: The Verizon rooftop wireless facility at 205 S Mill St qualifies as an eligible
facility as an update of an existing facility that does not propose a substantial impact on the site.
This qualifies the application for administrative review and approval from the Community
Development Director.
Wireless Communications Facilities Design Guidelines
5.5.3 Setbacks
All WCFs shall comply with setback requirements. At a minimum, except for WCFs in the Public
Right-of-Way all WCFs shall comply with the minimum setback requirements of the underlying
zone district; if the following requirements are more restrictive than those of the underlying zone
district, the more restrictive standard shall apply.
1. All WCFs (except for WCFs in the Public Right-of Way) shall be located at least fifty
(50) feet from any property lines, except when roof-mounted (above the eave line of a
building) or wall mounted. Flat-roof mounted facilities visible from ground level within one-
hundred (100) feet of said property shall be concealed to the extent possible within a
compatible architectural element, such as a chimney or ventilation pipe or behind
architectural skirting of the type generally used to conceal HVAC equipment, and shall
comply with any applicable design requirements of Chapter 26.412, Commercial Design
Review, and 26.415, Historic Preservation. Pitched-roof-mounted facilities shall always
be concealed within a compatible architectural element, such as chimneys or ventilation
pipes.
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Staff Response: The proposed rooftop mechanical equipment is compliant with the required
setback of 20 feet from the Hopkins Ave property line, as well as the design requirements under
Commercial Design Review and Historic Preservation. The updated design will not have a
diminishing impact on the building’s architectural character as compared to the current design,
and it will match the accompanying rooftop mechanical equipment by being painted a matte, dark
gray color.
Commented [BA2]: Say something about they being
painted to reduce any visual impacts.