Chapter 18.36
NEIGHBORHOOD COMPATIBILITY
Sections:
18.36.021 Compatibility in the commercial zone.
18.36.043 Neighborhood meeting.
Prior legislation: Ords. 685 and 690.
18.36.010 Purpose and intent.
The purpose of this chapter is to preserve the natural scenic character of the city by establishing minimum standards related to the siting and massing of either a new structure or a remodeled structure in an existing neighborhood to assure to the greatest extent practicable that the resulting structures are compatible with the neighborhood within which they are located. The intent of this chapter is to regulate the development or redevelopment of each building site with respect to adjacent land, public or private, and existing structures so as to maximize visually pleasant relationships, assure a bright, open neighborhood with a maximum of light and air, and avoid the unpleasant appearance of crowding one structure against another, or of one structure towering over another, insofar as is reasonable and practical. It is not the intent to unreasonably restrict or regulate the right of an individual property owner to determine the type of structure or addition he may wish to place or modify on his property. The applicant has the obligation to take into consideration the impacts of the affected property owners when modifying the structure or proposing a new structure and take reasonable steps to mitigate such impacts. The regulations in this chapter are in addition to the requirements of other regulations or ordinances of the city, and, where in conflict, the more restrictive regulations shall apply. (Ord. 714 § 11, 2015; Ord. 700 § 2 (Exh. 1), 2012; Ord. 475 § 1, 1988)
18.36.020 Compatibility.
A. On any property in the R-1 zone, no person shall construct or cause to be constructed any of the following structures unless and until such structure is found pursuant to this chapter to be compatible with the neighborhood within which it is located:
1. Any new structure of one thousand square feet or more of gross floor area;
2. Addition of one thousand square feet or more of gross floor area to any existing structure;
3. Addition of gross floor area in the form of a second story whether in whole or in part to any existing structure;
4. Addition to an existing building of a second story deck or balcony eighty or more square feet in area and/or projecting more than six feet from the existing building;
5. Addition to an existing building of a second story deck or balcony which is located in a required side yard;
6. Addition of a mezzanine, whether in whole or in part, to any existing building or structure, that changes the exterior of the building or structure; or
7. Any increase in the roof ridge elevation of any portion of an existing building, unless the increase is only a result of utilizing an alternate roofing material.
B. On any property in the R-M zone, no person shall construct or cause to be constructed any new structure or make any addition to or modify any existing structure unless such structure is found pursuant to this chapter to be compatible with the neighborhood within which it is located. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 665 § 5, 2006; Ord. 602 § 1, 1996; Ord. 573 § 1, 1993; Ord. 496 § 8, 1989; Ord. 475 § 1, 1988)
18.36.021 Compatibility in the commercial zone.
No person shall construct any new structure, add one thousand square feet or more of gross floor area to a structure, or add a second story on any property in the C (commercial) zone unless the resulting structure is found to be compatible with the neighborhood within which it is located. The design criteria and review processes set forth in this chapter as established for residential zones shall apply equally to the C (commercial) zone to protect and maintain the established character of all neighborhoods within the city. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 665 § 6, 2006; Ord. 496 § 8, 1989)
18.36.030 Objectives.
To maintain neighborhood compatibility, residential proposals shall address the following objectives:
A. Natural Amenities. Improvements to residential property shall respect and preserve to the greatest extent practicable the natural features of the land, including the existing topography and landscaping.
B. Neighborhood Character. Proposals shall be reasonably compatible with the existing neighborhood character in terms of the scale of development of surrounding residences, particularly those within three hundred feet of the proposed development parcel boundaries. While many elements can contribute to the scale of a residential structure, designs should minimize the appearance of over- or excessive building substantially in excess of existing structures in the neighborhood. The square footage of the structure and the total lot coverage should reflect the uncrowded character of the city and the respective neighborhood. The height of the structures shall maintain, to the extent reasonably practicable, some consistency with the height of structures on neighboring properties.
C. Privacy. Design proposals shall respect the existing privacy of adjacent properties by maintaining an adequate amount of separation between the proposed structure and adjacent properties, and the design of balconies, decks and windows should respect the existing privacy of adjacent properties.
D. Views. Designs should consider to the extent reasonably practicable neighbors’ existing views. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 475 § 1, 1988)
18.36.040 Process.
A. Application. In addition to the general provisions for review of a development entitlement contained in Chapter 17.04 PVEMC, the following procedures shall apply to an application for neighborhood compatibility review.
1. Application shall be made to the director on forms furnished by him, and shall be accompanied by plans showing the effect of the proposed work upon visual relationships with other lots, existing structures, and/or land adjacent to or within three hundred feet of the proposed work.
2. For initial review, applicants are encouraged to submit preliminary design proposals covering the entire lot development, both present and future, to permit the director to analyze neighborhood compatibility and the applicability of the provisions of this chapter prior to incurring the expense for detailed design drawings.
3. Following submittal of a formal application, the director shall review the application to determine whether the proposed project is exempt from the provisions of this chapter under subsection B of this section, determine compliance with all city ordinances and other laws, and shall prepare a neighborhood compatibility checklist to determine the need for approval under this chapter.
B. Exemption. The director shall grant an exemption from the review otherwise required by this chapter for the following categories of projects if the director finds that the project has no adverse impact on the natural features of the land, is reasonably compatible with the existing neighborhood character in terms of the scale of development of surrounding residences, has no adverse impact on the privacy of adjacent properties and has no adverse impact on neighbors’ existing views:
1. Addition to the second floor of an existing building of less than two hundred square feet in area.
2. Addition to an existing building of a second story deck or balcony up to one hundred sixty square feet in area which is not located in a required side yard setback and projects no more than ten feet from the existing building.
3. Any roof ridge increase of less than two feet in the roof ridge elevation of any portion of an existing building.
An exemption shall not be granted if a previous exemption was granted within twenty-four months preceding the date of the current application and review pursuant to this chapter would have been required if the current application had been part of the previous application. Each decision of the director to approve an exemption shall be reported to the city council and the planning commission according to procedures established by the director. (Ord. 714 § 12, 2015; Ord. 700 § 2 (Exh. 1), 2012; Ord. 676 § 1, 2007; Ord. 665 § 7, 2006; Ord. 602 § 2, 1996; Ord. 598 § 10, 1996; Ord. 529 § 25, 1991; Ord. 524 § 2, 1991; Ord. 475 § 1, 1988)
18.36.041 Exceptions.
Notwithstanding the provisions of any other section of this chapter, neighborhood compatibility review shall not be required pursuant to this chapter for:
A. Remodel or repair of a building, structure or feature, where such work does not extend or enlarge the exterior of the building, structure or feature; or
B. Construction, remodel or repair of a cellar where no external change of any kind is otherwise made in the building. (Ord. 714 § 13, 2015; Ord. 700 § 2 (Exh. 1), 2012; Ord. 599 § 3, 1996; Ord. 487 § 1, 1989)
18.36.043 Neighborhood meeting.
A. Requirements for Applicants for Neighborhood Compatibility Review. In addition to any other action otherwise required by law pertaining to the processing of applications for neighborhood compatibility review, the owner of the property for which such review is being sought shall take all of the following actions:
1. Send notice to both the owner(s) of real property, as shown on the latest equalized assessment roll, within three hundred feet of the subject property, and the city planning department, of the pendency of the filing of such an application, including with such notice copies of preliminary drawings of the proposed project at a scale no smaller than one inch equals sixteen feet, and a copy of the single-family residential development guidelines. No application for neighborhood compatibility review will be accepted as complete unless it contains evidence acceptable to the director that such notice has been sent.
2. Hold a meeting at least four weeks before the date of the planning commission meeting at which the application will be heard, and invite the persons entitled to notice pursuant to subsection (A)(1) of this section to attend such meeting to discuss the proposed application. The meeting shall be held on a nonholiday weekend or during daylight hours and before nine a.m. or after five p.m. on a weekday. The meeting shall be held at the subject property; provided, however, that if the occupancy of the subject property by a tenant or physical conditions at the subject property make it unsafe or infeasible to provide a table and chairs at the subject property, the meeting may be held at another location within the city. The silhouette of the proposed project shall be erected on the subject property before the meeting. Notice of the date, time and place of such meeting shall be sent at least seven days before the meeting and shall be filed with the planning department.
3. If the hearing on the application is continued by the planning commission, the applicant is encouraged, but not required, to hold a further meeting with the persons entitled to notice pursuant to subsection (A)(1) of this section at least one week prior to the continued hearing.
B. Additional Requirements for Appellants. Notwithstanding any other provision of this code, a property owner entitled to notice of a neighborhood compatibility application may not file an appeal of planning commission approval of such an application or any condition of approval or lack thereof, or of any grading permit sought in connection with a neighborhood compatibility application, unless he or she has first contacted the project applicant and discussed thoroughly, preferably in person, his or her specific concerns about the project and any potential resolution of those concerns, or has made a good faith attempt to so meet. This requirement may be met by the potential appellant’s attendance and discussion of the project at the meeting scheduled by the applicant pursuant to subsection A of this section. A brief description of any meeting attended by the potential appellant or of such person’s attempts made to meet with the applicant shall be included with the appeal. Notwithstanding PVEMC 17.04.100(G), no further action shall be taken on any appeal which does not include evidence satisfactory to the director of such person’s attendance at a neighborhood meeting or attempt to meet as required by this subsection.
C. Requirements Following Compromise. If a meeting pursuant to subsection A of this section results in any modifications to the project prior to the planning commission hearing on the project, the applicant shall (1) notify the director of the proposed modifications and (2) explain to the planning commission at the hearing on the matter any discrepancy between the project as proposed in the notice sent pursuant to subsection (A)(1) of this section and the project as presented to the planning commission. If a meeting between a potential appellant and an applicant occurs after the planning commission has approved a project and results in the applicant agreeing to changes to the project to address the potential appellant’s concerns, the applicant shall submit a written statement of those changes to the city, together with any request for approval of the changes which is otherwise required by the city. If such statement and request for approval are received within ten days of the end of the appeal period, the appeal will be removed from the city council agenda and the entire appeal fee will be refunded to the potential appellant notwithstanding PVEMC 17.04.070(C). (Ord. 700 § 2 (Exh. 1), 2012; Ord. 684 § 1, 2008; Ord. 634 § 1, 2001)
18.36.045 Approval.
No application for neighborhood compatibility approval shall be approved unless the planning commission or city council, as the case may be, finds:
A. That the proposed development is designed and will be developed to preserve to the greatest extent practicable the natural features of the land, including the existing topography and landscaping;
B. That the proposed development is designed and will be developed in a manner which will be reasonably compatible with the existing neighborhood character in terms of scale of development in relation to surrounding residences and other structures;
C. That the proposed development is designed and will be developed in a manner which will preserve to the greatest extent practicable the privacy of persons residing on adjacent properties; and
D. That the proposed development is designed and will be developed in a manner to the extent reasonably practicable so that it does not unreasonably interfere with neighbors’ existing views. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 598 § 11, 1996)
18.36.050 Expiration.
The applicant shall have a maximum of two years after approval of a neighborhood compatibility application within which to apply for and be issued a grading or building permit. The compatibility approval shall expire in the event such grading or building permit has not been issued within the prescribed two-year period, or in the event such grading permit or building permit terminates or expires under any other provision of this code or of the law of this state. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 629 § 1, 2001; Ord. 538 § 2, 1991; Ord. 509 § 1, 1990)