HomeMy WebLinkAboutExhibit A_Review CriteriaPage 1 of 4
Exhibit A
Review Criteria
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.
Staff Response: Significant portions of the buildings at 305-7 S. Mill and attached features
infringe on the Wheeler Opera House View Plane. The proposed mechanical upgrades (KEF
and MAU) for the Wild Fig Restaurant are subject to View Plane Review.
E. Administrative Review. An addition to a structure or an attached building feature that
does not meet the criteria in subsections 1 and 2 above may be approved by the Community
Development Director through Administrative Review if:
1. The Infringement is erected only to the minimum height needed to accomplish the
purpose for which it serves and the height and setbacks comply with the
standards of Section 26.575.020, the dimensional requirements of Chapter
26.710, and the Design Guidelines and Standards in Chapter 26.412,
Commercial Design Review or 26.415, Historic Preservation, as applicable; or
2. The Infringement cannot be seen with the naked eye from the reference point as
demonstrated by a visual resource analysis.
Staff Response: Both of these criteria are required for the review of the proposed rooftop
mechanical equipment. The proposed mechanical equipment will be placed behind the 20-foot
setback line. Only the connecting ductwork will be within the setback. In regard to criteria #1, the
proposed improvements will locate a small exhaust vent and make-up air unit behind the
setback and will be the minimum height required. They will not be visible from the reference
point once additional screening is installed on the northwestern edge of the roof that is not
currently shielded by the parapet wall. Other aspects of the proposed mechanical equipment will
not be visible from the view plane origin due to the presence of the parapet wall. These
features meet criteria #2.
Meeting criteria #1 requires compliance with other aspects of the Land Use Code. The following
reviews below give evidence of this compliance.
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26.575.020.J. Exceptions for Building Code Compliance. The Community Development
Director may approve exceptions to the dimensional restrictions of this Section to accommodate
improvements required to achieve compliance with building, fire, or accessibility codes in or on
existing buildings when no other practical solution exists. The Community Development
Director must first determine that the visual impact of the exemption is minimal and that no other
reasonable way to implement code compliance exists. The Director may require notice be
provided to adjacent landowners. Approval shall be in the form of a recordable administrative
decision.
Staff Response: Without this allowed exception, Staff could not make findings to approve the
proposed mechanical equipment. The applicant’s team has worked extensively with City
Planning, Building, Environmental Health and Historic Preservation Staff to identify alternatives
to the rooftop mechanical. The restaurant is an approved use and all of the development that
exists on the property has been approved in various land use cases over the years. Assuming
this, the mechanical equipment is a necessity. It has been determined that there are no other
practical locations – regardless of cost. The proposed design has been confirmed to be minimal
by both the Chief Building Official and Environmental Health Staff. Most importantly, the
proposed equipment is necessary to meet building and environmental health codes. Staff finds
the required criteria for the exceptions to be met.
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:
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
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• 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.
26.412.020 – 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 305-7 S. Mill will involve minor changes to the
exterior on a building that falls within a Commercial Core Character Area. The proposed
changes to fenestration 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.
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Staff Response: Both of these criteria are required for the review of the proposed fenestration
changes. The proposed fenestration changes will include work on the north elevation, as well as
the east and north façades. These new windows will not have any diminishing impact on the
building’s current commercial character, and all changes beyond a like for like replacement are
within a courtyard or screened by the existing trellis. 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.