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Ordinance 1983CITY OF ALAMEDA ORDINANCE NO. 1983 New Series AMENDING, ADDING AND REPEALING CERTAIN SECTIONS OF CHAPTER 2 OF TITLE XI OF THE ALAMEDA MUNICIPAL CODE RELATING TO A DESIGN REVIEW PROCEDURE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1 . The Alameda Municipal Code is hereby amended by repealing Sections 11 -221, 11 -222, 11 -223, 11 -224, 11 -225, 11 -234 and 11 -235 thereof. Section 2 . The Alameda Municipal Code is hereby amended by adding a new Article 2 to Chapter 2 of Title XI thereof, con- sisting of Sections 11 -221 through 11 -224, to read as follows: Article 2. Design Review Procedure Sec. 11 -221 Design Review Staff The review of applications required by this Chapter shall be made by the Planning Staff designated by the Planning Director. Sec. 11 -222 Notice and Hearing Before final approval by the Design Review Staff of an application hereunder notice that an application has been filed and may be reviewed by the Staff within ten (10) days of receipt of the notice shall be mailed to persons or businesses on the same street and within one hundred feet (100') of the property line of the applying property and to persons whose property is immediately adjacent to the applying property. No hearings on applications are required but Staff may hold hearings where members of the public express interest in the application. -1- Sec. 11 -223 Notice of Decision The Design Review Staff shall notify applicant of its final decision, in- cluding any conditions of approval, in writing within a reasonable time after final review of the application. Sec. 11 -224 Appeal to Planning Board The applicant, any affected party, or any member of the Plan- ning Board or of the City Council may appeal the decision of the Staff by filing a notice thereof within fifteen (15) days after the mailing of the Notice of Decision. Appeals shall be determined by the Planning Board pursuant to Article 3 of this Chapter and heard pursuant to Sec- tions 11 -164 and 11 -165. Section 3 . The Alameda Municipal Code is hereby amended by amending Sections 11- 231(a), 11 -232, 11- 232(g) and (h), 11 -233, 11- 236(c), 11 -237, 11 -243 and 11 -245 thereof, to read as follows: Sec. 11 -231 Improvements Subject to Review (a) Each improvement for which a building permit, relocation permit or condominium conversion permit is required shall be approved as provided in this Chapter unless exempted herein. Sec. 11 -232 Applications for Review of Design Any person or entity proposing to construct or locate within the City any improvement subject to design review shall, before applying for a building permit or other entitle- ment, file an application for review of its design with the -2- Planning Director. The form of such application shall be as required by the Design Review Staff, shall be accom- panied by architectural and site development drawings to scale, and shall include: Sec. 11 -232 (g) Other information which is pertinent and which the Design Review Staff may require of all applicants. Sec. 11 -232 (h) Applications for minor improvements shall only require the above items requested by the Design Review Staff. Sec. 11 -233 Fee. Fees may be set by action of the City Council. Sec. 11 -236 Requirements (c) The Design Review Staff may determine compli- ance with subsection (a) by determining the consistency of the project with the principles and standards of the Design Review Manual. Sec. 11 -237 Expiration and Extension Unless con- struction has commenced within six months of the approval hereunder, approval shall expire unless an extension is granted by the Design Review Staff prior to said expiration. Sec. 11 -243 Other Public Agencies Insofar as permitted by law, or by the agency involved, the Design 'Review Staff shall review the design of all improvements to be constructed by any pubic district cr any governmental -3- agency. Such review shall be in accordance with the factors and criteria set out hereinabove, following which the Staff shall submit a written report of its recommenda- tion and comments to the body proposing to construct the improvements. Sec. 11 -245 " Design Review Manual " -- Preparation by Design Review Staff It shall be the duty of the De- sign Review Staff to prepare a "Design Review Manual" that will provide guidance to applicants seeking to comply with Section 11- 236(a) of this Chapter. Said Manual may separate residential, commercial and industrial uses by sections or constitute a separate manual for each of said uses. Graphic illustrations may be used as examples of good or bad design and such examples need not be limited to improvements within the City. Said manual may be re- vised as experience dictates and examples of approved projects considered successful by the Staff should be in- cluded therein. Copies of said Manual shall be made available to the public in the Planning Director's office. The City Council may review the Manual at such times as it deems appropriate and approve or disapprove any part thereof. Section 4 . This ordinance shall not apply to building permit applications for structures for which tentative maps or zoning permits have been approved prior to the effective date of this ordinance. -4- Section 5 . This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Press i Officer of the Council Attest: aj Acting City Clerk o ti E5 n. cz -5- I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of August, 1979, by the following vote, to wit: AYES: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of August, 1979. Acti g City erk b the City of Alameda