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)