Sec.20.232.010 Purpose.
The Board of Supervisors of the County of Mendocino finds and declares that development conditions are unique in Brooktrails Township Community Services District where the mixture of small parcel sizes and steep wooded terrain results in the need for intensive development review.
It further finds that, in connection with the adoption of the Brooktrails Specific Plan, the Brooktrails Township Board of Directors is authorized to provide development review consistent with the adopted Specific Plan. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997; Ord. No. 3986 (part), adopted 1997)
Sec. 20.232.015 Designation of Area.
There is hereby established a Special Review District process in the territory of Brooktrails Township Community Services District, excepting and excluding (1) those lands located within that portion of the District generally referred to as "Spring Creek" (all territory shown on Parcel Map 1-76 recorded in the office of the Mendocino County Recorder, Map Case 2, Drawer 29, Page 87), and "Sylvandale" (all territory shown on Parcel Map 1-73 recorded in the office of the Mendocino County Recorder, Map Case 2, Drawer 22, Page 15) and (2) lands designated "Forestland" per the County's General Plan and for which a timber harvest plan has been approved by the State. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec. 20.232.020 Definitions.
(A) Architectural Review Commission.All references to "Architectural Review Commission" shall be to the Brooktrails Architectural Review Commission ("BARC") appointed by the Board of Directors of Brooktrails Township Community Services District pursuant to District Ordinance Number 60 to hear appeals by an applicant aggrieved by any decision made by the District Architect.
(B) Development Review Board.All references to the "Development Review Board" shall be to the Board of Directors of Brooktrails Township Community Services District which shall be responsible for causing development review of all new construction and further acting as an appeals board for discretionary appeals from decisions of the Brooktrails Architectural Review Commission.
(C) District Architect.All references to the "District Architect" shall be to the office of District Architect as created by Article 2 of Brooktrails Township Ordinance Number 60.
(D) District. All references to "District" shall be to the territory of Brooktrails Township Community Services District, excepting and excluding Spring Creek and Sylvandale.
(E) New Construction.All references to "new construction" shall be to the clearing or grading of a parcel, and construction which requires the issuance of a building permit relating to something other than interior alterations of an existing structure.
(F) Person. All references to "person" shall include any person, firm, association, organization, partnership, business trust, corporation or company. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec. 20.232.025 Establishment of Development Review Board.
There is hereby established a Development Review Board whose function and duty shall be to cause the review of all applications for new construction in the District. The Development Review Board may delegate the review of such applications to the District Architect. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec. 20.232.030 Work in District Requiring Approval.
None of the following work shall be commenced or continued within the District, nor shall any building or other permit necessary for such work be issued without prior approval of the Development Review Board.
(A) Construction of any structure where such work requires the issuance of a building permit relating to something other than interior alterations of an existing structure;
(B) Removal of vegetation where such action involves the removal of trees with a diameter of six (6) inches or more as measured at breast height;
(C) Any excavation of, or deposit of material upon a parcel in such manner as to materially alter the existing contour or condition of the land, including leveling, grading, piling or paving. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec. 20.232.035 Procedure for Submission to Development Review Board.
Any person desiring to do or to have done any of the work mentioned in Section 20.232.030 of this Chapter, shall prior to the commencement of such work submit to the Development Review Board a comprehensive site plan, information sufficient for calculation of square footage, an elevation plan and a general list of materials to be used. All proposed and existing structures and other improvements and features shall be shown to scale including where relevant or when required by the Development Review Board or its agents:
(A) Adjoining Features.The location of all adjoining parcels including pavement, curb and sidewalk and for contiguous parcels, the location of principal and accessory buildings, curb cuts and driveways;
(B) Architectural Elevations.The proposed elevations including exterior materials to be used, showing all sides of the development. If the exterior of an existing building is to be changed or enlarged, the proposed and existing elevations of the buildings and additions shall be shown.
(C) Parking, Loading and Circulation Plan.All driveways, off-street parking and off-street loading areas, the locations of entrances and exits, and direction of traffic flow ingressing and egressing from off-street parking and off-street loading areas.
(D) Existing Trees.The location, type and approximate size of all trees over six (6) inches in diameter, as measured at breast height, proposed to be removed, which trees shall not be removed unless such removal is approved.
(E) Utilities.The description of any private water supplies and description of any private sewage disposal system.
(F) Additional Information.Any relevant additional information required by the Development Review Board, or its agents. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec.20.232.040 Standards.
The design guidelines and site development standards to be used by the Development Review Board in considering applications for approval are detailed in Chapter 10 of the adopted Brooktrails Specific Plan and are incorporated by reference and made part of this Chapter. A current version of the Specific Plan shall be kept on file at all times in the Brooktrails Community Services District office and the Department of Planning and Building Services. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997; Ord. No. 3986 (part), adopted 1997)
Sec.20.232.045 Approvals.
The District Architect shall act upon each application for new construction deemed by him to be complete within ten (10) days of receipt. Upon accepting an application as complete, the District Architect shall certify in writing to the General Manager of the District that all information required by this Chapter has been included in the application. The General Manager shall thereupon cause Notice of Receipt of the Application to be posted upon the subject parcel and posted in the District in the manner other notices are posted. The District Architect shall notify the General Manager of the District in writing of each action taken upon an application, therein specifying the reasons for such action. The decision of the District Architect shall be final unless such decision is appealed to the Brooktrails Architectural Review Commission within ten (10) days from the date that the District Architect notifies the applicant of his decision. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec.20.232.050 Appeals.
Any applicant may appeal the decision of the District Architect by delivering a written Notice of Appeal to the General Manager of the District within ten (10) days of the District Architect's decision. Each appeal filed with the General Manager shall be placed upon the agenda of the Architectural Review Commission and set for hearing within thirty-five (35) days after receipt of the Notice of Appeal. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec. 20.232.055 Conduct of Appeal.
Appeal hearings shall be noticed in the same manner that the District notices the meetings of its governing body. The initial appeal shall be heard before the Architectural Review Commission. Either the District Architect or the Applicant may appeal the decision of the Architectural Review Commission by giving Notice of Appeal to the General Manager of the District within ten (10) days that the Architectural Review Commission renders its decision. Thereupon the appeal shall be heard and considered by the Board of Directors of the District acting as the Brooktrails Development Review Board and its decision shall be final, unless appealed to the Board of Supervisors in writing and submitted to the Clerk of the Board of Supervisors within ten (10) days of the decision of theBoard of Directors. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec. 20.232.060 Conduct of Hearings.
Hearings shall be conducted in the following order:
(A) A staff report shall be presented by the General Manager of the District outlining the issues under consideration.
(B) The applicant shall then be given an opportunity to present a statement amplifying the Notice of Appeal or providing supplemental information. The applicant may appear on his own behalf, by written document, or by representative.
(C) The District Architect shall then state the basis for his decision.
(D) The applicant shall then be offered an opportunity to offer statements in rebuttal.
(E) The matter shall then be opened to input from the public at which time either the District Architect or applicant may participate.
(F) The appeal body shall then deliberate and either (1) defer taking action on the matter and continuing it until the earliest practicable time within thirty-five (35) days; (2) take action by either granting or denying the appeal; or (3) grant the appeal subject to condition or conditions. In any case, the action of the appeal body shall be in writing. (Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec.20.232.065 Violations.
Any new construction made without the approvals required herein is hereby declared a public nuisance.(Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)
Sec. 20.232.070 Severability
If any section, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter.(Ord. No. 3885 (part), adopted 1994; Ord. No. 3898 (part), adopted 1994; Ord. No. 3959 (part), adopted 1997)