Chapter 18.36 DESIGN REVIEW

1. The appearance of open spaces, buildings, and structures has a material and substantial relationship to the health, safety and general welfare; properties characterized by one or more of the conditions set forth in subsection (A)(2) of this section affect the health, safety and general welfare of the city;

2. Neighborhoods can and will deteriorate because of poor planning, neglect of proper design standards, the existence of buildings and structures unsuitable to and incompatible with the character of the neighborhood and the character of the community. This has resulted in the lowering of property values, the discouraging of maintenance and improvement of surrounding properties, has precluded the most appropriate development of other properties in the vicinity, and has impaired the public health, safety and welfare;

3. The quality of life and stable property values are enhanced by good quality design. The city should take positive steps to encourage quality design in all land use districts.

B. Statement of Policy. It is the policy of the city to prevent deterioration and to preserve and enhance property values, the visual character of the community and the public health, safety and welfare of its citizens. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.020 Purpose.

The purpose of this chapter is to provide for the review of the design of projects proposed in all land use districts.

Design control should be the minimum necessary to achieve the objectives of the chapter and the policy of the city. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article II. Design Review in Single-Family Land Use Districts

18.36.100 Design review procedure in single-family land use districts.

A. Duty to Review. The city planner shall review each application for a building permit in a single-family land use district where the proposed construction is aboveground or materially alters the existing grade; provided, however, that all wireless facilities in the public right-of-way shall be subject to Article XX (Wireless Telecommunications Facilities) of PMC Chapter 18.84. The purpose of this review is to avoid substandard development and to ensure that improvements within residential neighborhoods maintain consistent standards of design and to ensure that development is consistent with criteria adopted under PMC 18.36.120.

B. Procedure for Review.

1. If the city planner finds that the application is consistent with the criteria adopted under PMC 18.36.120, the city planner shall approve issuance of a building permit.

2. If the city planner finds the application is inconsistent with the criteria adopted under PMC 18.36.120, the city planner shall advise the building inspector and the building inspector may not issue the building permit.

3. If the city planner is in doubt as to whether the application is consistent with the criteria adopted under PMC 18.36.120, the city planner shall notify the planning commission and it shall at its next scheduled meeting act upon the application. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.110 Design review for subdivisions of five or more lots.

In the case of a single-family residential subdivision of five or more lots where the subdivider intends to build single-family residences and at the time of the subdivision approval process the subdivider has prepared building designs, the design review process shall be undertaken by the planning commission concurrently with the subdivision approval process. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.120 Standards for reviewing applications under PMC 18.36.100.

The planning commission shall prescribe by resolution the criteria to be used in plan review at each level of review. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article III. Design Review in Land Use Districts Other Than Single-Family Residential

18.36.200 Design review procedure in land use districts other than single-family residential.

The planning commission shall review the design of the building proposed in an application for a land use permit or a building permit, as the case may be, in each land use district other than single-family residential.

The city council shall adopt design guidelines that shall be applied by the zoning administrator, the planning commission, and on appeal, the city council, in any application for a zoning permit in that portion of the downtown designated commercial core, as depicted in Figure 5-1 of the general plan, as amended from time to time. Said guidelines shall conform to the provisions of PMC 15.84.080. Said guidelines are to be set forth in pictorial or narrative form and may illustrate undesirable as well as desirable examples of design. A document containing the guidelines shall be available for public reference in the planning department. The city council may periodically review these guidelines and may make appropriate amendments. Should any section of the guidelines conflict with any sections of this code, then the guidelines will prevail for the downtown commercial core. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1252 § 2, 2005; Ord. 979 § 2 (Exh. A), 1990.]

18.36.210 Required information for application under PMC 18.36.200.

A. Site plan showing:

1. General location of property;

2. Property boundaries;

3. Existing topography and proposed grading (for property no less than 10 acres, a contour interval no greater than five feet and a horizontal map scale of one inch equals 50 feet or larger shall be used; for property larger than 10 acres, a contour interval no greater than 10 feet and a horizontal map scale of one inch equals 100 feet or larger shall be used);

4. All existing and proposed structures, the height of each structure and number of dwelling units in each structure;

5. All existing and proposed signs;

6. Location and approximate height of all adjacent structures on abutting sites;

7. Location, dimensions and quantity of existing and proposed off-street parking, with a statement indicating whether it conforms to applicable regulations;

8. Existing and proposed vehicular and pedestrian ways, and trails, with grades, widths and types of improvements;

9. Proposed vehicular access between site and public street;

10. Locations, names and widths of abutting streets;

11. Existing and proposed utilities;

12. Existing and proposed recreational facilities;

13. Existing and proposed storm drainage facilities;

14. Location of existing trees on the site;

15. Locations and heights of existing and proposed retaining walls;

16. Locations and dimensions of trash disposal areas;

17. Roof overhangs;

18. Distances between buildings and from building walls to property lines;

19. Proposed street names;

20. Handicap facilities;

B. Architectural drawings showing:

1. Floor plans at one-eighth inch or one-quarter inch equals one foot zero inches;

2. Four elevations (or more if necessary) to include all sides of development at no less than one-eighth inch equals one foot zero inches;

C. Landscaping plan, including plant names and sizes, and an irrigation plan;

D. A recent photograph of the site itself and of adjacent properties showing the current condition of the properties;

E. Color and texture chips of actual samples of materials;

F. Additional information which may be requested by the planning commission including but not limited to the following:

1. Recent photographs of sight line profiles in sufficiently large scale, taken from commonly used vantage points in the city (shopping centers, road intersections, scenic lookouts, etc.) with the outline of the proposed structure in proper scale and perspective superimposed on it;

2. Architectural drawings showing the locations, size, color, shape and type of illumination of each proposed sign;

G. Other information as determined by the city planner. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.220 Standards for reviewing applications as required by PMC 18.36.200.

A. The planning commission shall consider the following aspects of each application to the extent that they are applicable to the proposal:

1. Maximum height, lot coverage and setbacks (if not covered in the zoning ordinance);

2. Overall mass and bulk of structures;

3. Special features of the development, such as walls, screen, towers and signs;

4. Effective concealment and sound attenuation of exposed mechanical and electrical equipment;

5. Colors and materials on the exterior face of building or structure, striving for a limited number of colors and materials for each project;

6. Avoidance of repetition of identical entities whenever possible;

7. Harmonious relationship with existing and proposed adjoining developments, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted;

8. Pleasing landscaping which incorporates existing landscaping and terrain as a complement to the structure, using plants which thrive in the Pittsburg climate and which are large enough in size to be effective.

B. The standards to be used by the planning commission in reviewing an application are whether:

1. The structure conforms with good taste, good design and in general contributes to the character and image of the city as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality;

2. The structure will be protected against exterior and interior noise, vibrations and other factors which may tend to make the environment less desirable;

3. The exterior design and appearance of the structure is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value;

4. The structure is in harmony with proposed developments on land in the general area;

5. The application conforms with the criteria set forth in any applicable city-adopted design guidelines.

C. Standards for Review for Designated Historic Buildings and All Properties Located in a Designated Historic District. The reviewing authority shall utilize the standards for design review set forth in subsections (A) and (B) of this section, and the adopted design guidelines described in PMC 15.84.080, Design criteria code. The reviewing authority shall also find:

1. With regard to an application for design review of a designated historic building, or designated contributing building within a historic district, the proposed work will not adversely affect the exterior character-defining features of the structure.

2. With regard to an application for design review of a designated noncontributing building, or an application for new development located within a designated historic district, the reviewing authority shall find that the proposed improvement complements adjacent development through massing, form, composition, setbacks, fenestration, exterior architectural features, materials, finishes, colors and details of ornamentation among other building elements and features. [Ord. 07-1290 § 5, 2007; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 05-1252 § 2, 2005; Ord. 979 § 2 (Exh. A), 1990.]

18.36.230 Review by planning commission.

The planning commission shall discuss the application for design review approval and integrate it with the land use approval process applicable to the project. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.240 Duration of approval.

Approval terminates according to its terms, if any, or upon the expiration of one year from approval unless a building or grading permit has been issued. The planning commission may extend the duration of the approval upon written request filed within the effective period of approval. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article IV. Hearing and Appeal Procedures

18.36.300 Written findings required.

A. Single-Family Residential. The authority reviewing the application in a single-family residential land use district shall, in the case it denies approval, make written findings and provide a copy to the applicant within 10 calendar days of the decision.

B. Other Than Single-Family Residential. The planning commission, or the city council in the case of an appeal, shall make written findings for its decision (PMC 18.16.010(A)). [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.310 Planning commission may take over processing of application.

Before a decision to approve is made at a level of review below the planning commission, a planning commissioner may request that the matter be heard by the planning commission. The planning commission shall either make the final decision or refer the matter back to the initial level of review for further consideration. Written notice that the planning commission has taken over the processing of the application shall be given to the applicant and to each person who has filed a written request for notice with the city planner. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.320 Imposition of conditions of approval.

The reviewing authority may impose conditions to the granting of approval of design review if it finds that the building or structure proposed does not meet the applicable design review standards. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.330 Notice requirements.

The requirement for giving of notice under this chapter is as follows:

A. For design review in single-family residential land use districts:

1. Notice of time and place when the city planner intends to review the application or present it to the planning commission (PMC 18.36.100(B)(3));

2. Notice of the time and place when the planning commission will consider the matter (PMC 18.36.100(B)(3) and 18.36.110);

3. Notice of time and place of hearing shall be given as prescribed by PMC 18.36.350.

B. For design review in all other land use districts: notice of time and place when the planning commission intends to hear the application (PMC 18.36.230).

C. For a hearing on an appeal: notice of time and place when the body to which a matter is appealed will hear the appeal (PMC 18.36.350). [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.340 City planner’s duty to give notice.

The city planner shall give the notices required by this article. The form of the notice shall contain:

A. The time and place of the hearing;

B. A general explanation of the matter to be considered including a description of the area affected;

C. Any other information the city planner considers necessary or desirable. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.350 Time and manner for giving notice.

Unless otherwise specified, the notice of the time and place of the hearing shall be given by mailing notice postage prepaid at least 10 calendar days before the hearing to the applicant, to each person who has filed a request for notice with the city planner and, in the case of an appeal, to the party filing the appeal. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.360 Appeals.

A. Right to Appeal. Any person aggrieved by the action of the reviewing authority may appeal the action to the next highest reviewing authority as prescribed in this section. If no appeal is filed, the action taken on the application is final.

B. Appeal of Design Review Action in Single- Family Land Use Districts. The decision of the city planner disapproving the issuance of a building permit may be appealed to the planning commission. The action of the planning commission on the appeal may be appealed to the city council. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.36.370 Time and place for filing appeal.

A person desiring to appeal an action taken under this chapter shall do so by filing a written notice of appeal with the city planner within 10 calendar days after the action taken which is the subject of the appeal. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article V. Miscellaneous Provisions

18.36.400 Penalty for violation.

A person who builds or maintains a building or structure in violation of the requirement of design review approval prescribed in this chapter is guilty of an infraction and shall be punished as provided in PMC 18.90.060. Each day or a portion thereof that a violation exists is a separate offense and shall be punished as such. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]