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ATTACHMENT 5 THE CITY OF t(�L .tiG..r -�I ® DIm PLEASA NTON. M EMORANDU Date: July 12, 2017 To: Members of the Planning Commission From: Planning Division City Attorney's Office Subject: Item 6.a. P17-0372 3552 Yellowstone Court This memo was prepared to address questions staff received from members of the Planning Commission after publication of the staff report regarding the appeal of the Zoning Administrator's approval of an application for Administrative Design Review at 3552 Yellowstone Court. This memo is divided into two sections as follows: ➢ Section 1 —questions regarding the standard and scope that the commission should follow in evaluating the project; and ➢ Section 2 —miscellaneous questions regarding the project. Section 1: Standard/Scope of Application Review • What is the standard of review for this application? Per Section 18.20.060(c) of the Municipal Code, the Planning Commission's review of the project is de novo, "as if the appeal of the zoning administrator's action were a new application before the commission or council." Accordingly, the Planning Commission is not bound by the conclusions or assumptions made by the Zoning Administrator in the previous conditional approval of the project. The Commission may: deny the appeal and uphold the Zoning Administrator's decision; uphold the appeal and grant the appellant's request for modification; approve the application but further modify the conditions of approval; or deny the original application. o What is the Planning Commission's scope of review for this application? The project being considered is a Design Review application. Per the Municipal Code, the Planning Commission, in considering Design Review applications, is limited to focusing on the physical/design elements (and not the operational elements) of a project. Section 1