A. The
purpose of this Chapter is to establish procedures to develop and
adopt individual overlay district regulations that apply to specifically
delineated areas of the City for the purpose of identifying, conserving,
maintaining, strengthening, and enhancing a neighborhood's cohesive
and distinctive architectural or physical characteristics.
B. The
focus of a Neighborhood Conservation Overlay District (NCOD) is maintaining
certain standards in the District, such as the broader characteristics
that provide neighborhood character, including, building heights,
setbacks, massing, open space, repetition of building and streetscape
elements, and trees and landscaping.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. Separate ordinances are required to designate each NCOD. As provided in Section
9.47.050, each overlay district shall identify the designated boundaries, and applicable standards for that overlay district, and be consistent with the LUCE.
B. The
NCOD is an overlay to the standard underlying zoning districts. If
there is a conflict between the regulations of the NCOD and the underlying
Zoning District, the NCOD regulations shall take precedence and modify
those of the underlying Zoning District. However, NCOD provisions
shall not permit higher density, increased building height, or increased
total floor area to an extent greater than permitted by the underlying
Zoning District.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. The
establishment of an NCOD may be initiated by:
1. Planning Commission. A resolution of intention
approved by the Planning Commission; or
2. Landmarks Commission. A resolution of intention
initiated by the Landmarks Commission; or
3. Property Owners and Tenants. An application
signed by tenants and/or property owners representing at least 50
percent of the parcels within the proposed district that is submitted
to the Planning Division accompanied by an application that meets
the requirements of this Chapter. Only one property owner signature
per parcel is required. For tenant-occupied parcels, one tenant signature
for each of at least 50 percent of the units is required.
B. An application
shall be accompanied by the required filing fee and shall include
the following information:
1. Applicants'
names, contact information, and signatures;
2. Precise
boundaries indicated on a map provided by Planning staff, and show
all streets and alleys. These continuous boundaries shall meet NCOD
criteria;
3. Name
and addresses of all property owners in the proposed district;
4. List
of neighborhood associations and HOAs within the proposed district
and available contact information;
5. Statement
of justification including:
a. Description of the neighborhood and/or property characteristics and
features worthy of conservation, including any significant trees and
other landscape features.
b. Description of how the application meets NCOD criteria and why such
a designation would be in the best interest of the neighborhood and
the City; and
6. Documentation,
including but not limited to photographs, histories, and supporting
material documenting such neighborhood characteristics.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
To be designated as an NCOD, the area must meet the following
criteria:
A. Minimum Size. The area within the proposed NCOD shall include
a minimum of one block face. A block face shall represent the longer
side of one City block.
B. Boundaries. The boundary of the proposed NCOD shall be continuous
and may include parcels that are contiguous and/or across a right-of-way.
C. Distinctive Features. The area shall possess one or more of
the following distinctive features that create a cohesive identifiable
neighborhood character and can be clearly emphasized through the application
of overlay district development standards and/or design guidelines:
1. Scale,
size, type of construction, or distinctive building materials reflecting
a concentration of structures of similar scale, period of construction
and/or use of materials characteristic of the style of construction.
2. Parcel
layouts, setbacks, or street layouts providing a similarity of siting
characteristics of a single period or style of construction.
3. Architectural
features, such as a concentration of structures reflecting a repetition
of treatment of stylistic elements, including, but not limited to,
roofs, porches, windows, wall articulation, and building ornamentation.
4. Site
planning and natural features, such as historic development patterns
and topography.
5. In
addition, streetscape features, such as trees, landscape, sidewalks,
lighting, or overall street character may help delineate or distinguish
an NCOD, however public rights-of-way shall not be governed by this
Chapter.
D. An NCOD
shall not include properties in a designated historic district or
overlay another NCOD.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. The Planning Commission shall determine the eligibility of an NCOD application pursuant to this Section
9.47.050. The Planning Commission shall review the application, the Planning staff's initial analysis, and will determine the eligibility based on the following criteria:
1. Clear
documentation of distinctive characteristics shared by properties
within the proposed boundaries and why they are worthy of conservation;
and
2. Consistency
with LUCE goals and policies.
B. In order
to determine that an application is eligible to be processed, the
Planning Commission must make all of the following findings of fact
in an affirmative manner:
1. The proposed NCOD application meets the designation criteria of Section
9.47.040;
2. The
properties within the proposed boundaries are recognizable as a distinct
area with shared characteristics; and
3. The
proposed NCOD possesses physical features that contribute towards
a recognizable identity and therefore warrants further study.
C. The
Planning Commission may modify the boundaries of the proposed NCOD
if it finds that the modification meets the purpose of the proposed
NCOD.
D. If the Planning Commission determines that an application meets the eligibility criteria, the Commission's determination to process the application shall include the notice of initiation of amendment to the Zoning Ordinance and an Official Districting Map pursuant to Chapter
9.46.
E. If there
are multiple applications, the Director shall recommend the order
in which they will be processed.
F. Should the Planning Commission determine that an application does not meet the criteria of subsections
(A) and
(B), the Planning Commission shall send its written determination to those who signed the application. The decision of the Planning Commission may be appealed to the City Council pursuant to Section
9.37.130, Appeals.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. Neighborhood Information Meeting. Upon determination of eligibility
by the Planning Commission, the Director shall send notice to all
residents and property owners within the proposed NCOD boundaries
informing them of the application and the review and approval process.
The Director shall arrange for a neighborhood-wide meeting to inform
the community about the NCOD and the program requirements.
B. Neighborhood/Community Meeting Notice Requirement.
1. Written
notices shall be sent by mail or email to all residential units and
property owners of record within the proposed NCOD boundaries, as
well as anyone else requesting notice.
2. The
notice of meetings shall also be available on the City website.
C. Planning Process and City Staff. The Director shall appoint
a Planning staff coordinator to process the application.
1. Staff
shall work with the neighborhood to further define the neighborhood's
unique character and identify conservation solutions, including appropriate
regulations and incentives.
2. Staff
shall prepare needed studies, reports and draft appropriate conservation
criteria and draft ordinance.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. Each
NCOD shall identify what is critical to its conservation and may require
additional and/or modified standards. In addition to regulations,
each NCOD may adopt design guidelines, incentives, as well as a "Pattern
Book" approach.
B. Standards
may include, but shall not be limited to, the following elements:
1. Building
height, number of stories;
4. Off-street
parking requirements;
5. Ground
level open space requirements;
6. Garage
entrance location;
12. Paving patterns, hardscape covering; and
C. The
NCOD ordinance may provide a procedure to modify development standards
when an alternative design would better achieve the objective of a
standard or design guideline.
D. The
NCOD ordinance may include incentives that are appropriate and encourage
conservation within the NCOD.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. Procedure. After Planning staff has prepared the draft NCOD ordinance, the Director shall transmit the draft standards and/or guidelines to the Landmarks Commission and Architectural Review Board and schedule public hearings before the Planning Commission and City Council pursuant to Chapter
9.37, Common Procedures. The Landmarks Commission and Architectural Review Board are encouraged to submit comments on the draft NCOD ordinance to the Planning Commission for consideration during the public hearing.
B. Noticing. Adoption of the NCOD will be in compliance with Chapter
9.46, except that notice of hearing shall be mailed to all property owners of record and residents of property within 500 feet of the boundaries of the NCOD.
C. Findings. An NCOD may be adopted by ordinance of the City Council only if the findings of Chapter
9.46 and the following findings of fact are made in an affirmative manner:
1. The proposed NCOD meets the designation criteria of Section
9.47.040;
2. The
properties within the proposed NCOD's boundaries are recognizable
as a distinct area with shared characteristics; and
3. The
proposed NCOD possesses distinctive features, including, but not limited
to physical attributes that create a cohesive identifiable neighborhood
character which conveys a unique architectural or physical setting
that provides a sense of place to the neighborhood today that warrants
the adoption of these conservation regulations.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Applications for projects located within an NCOD that are received after the effective date of the pertinent NCOD shall require the approval of a Development Review Permit pursuant to Chapter
9.40. In addition to the requirements of the NCOD, the Planning Commission, or City Council on appeal, shall evaluate the proposed project in context with nearby properties and the buildings, structures, and other features, including, but not limited to ground level open space, landscaping, and trees that will be altered or demolished as a result of the proposed project. The ordinance for each NCOD shall specify the threshold and criteria to exempt certain projects from a Development Review Permit.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Real estate sales offers for properties located within a NCOD
shall disclose that the property is located in a NCOD pursuant to
Chapter 9.57.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)