A. Intent and purpose. The certificate of compatibility is applicable to all areas that permit single family dwellings and accessory dwelling units within the city. The certificate of compatibility considers the compatibility of residential structures, accessory dwelling units, and mobile or manufactured homes to coordinate land planning, architecture, aesthetics, and economic cohesiveness within residentially zoned properties in the city. A certificate of compatibility shall be obtained prior to submittal of an application for a building permit for any single-family dwelling and accessory dwelling units that require such a permit.
B. Director's authority. In issuing a certificate of compatibility, the Director shall have the authority, subject to the provisions of this section, to require conditions of development in addition to those required by this title where it is determined that such conditions are necessary to further the objectives of the general plan and are in harmony with the intent, purpose, and spirit of this title and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community. The Director shall defer all applications for a certificate of compatibility for an accessory dwelling unit to the Planning Commission.
C. Planning Commission authority. In issuing a certificate of compatibility, the Planning Commission shall have the authority, subject to the provisions of this section, to require conditions of development in addition to those required by this title where it is determined that such conditions are necessary to further the objectives of the general plan and are in harmony with the intent, purpose, and spirit of this title and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community.
D. Procedure.
1. Application for a certificate of compatibility shall be made pursuant to § 20.400.040, together with the requisite fee therefor, and shall be accompanied by the following materials:
a. A detailed plot plan showing:
(1) Dimensions and orientation of the parcel (to scale).
(2) Location of buildings, structures and mobile homes, both existing and proposed.
(3) Location of eave overhang and architectural features.
b. A dimensioned floor plan of existing and proposed structures.
c. All building and mobile home elevations.
d. Indication of the types and colors of all exterior construction materials.
e. Location of all walls and fences, their height and materials of construction.
f. Any other architectural and engineering data as may be required to permit necessary findings that the provisions of this title are complied with.
2. Staff investigation. The Planning Division shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this title and the General Plan, and shall report the findings to the Director.
3. Notice of hearings. Notice of public hearing shall be given pursuant to § 20.416.020.E.1. and shall otherwise comply with Chapter 20.416 as to form and content.
E. Findings. The Director, or the Planning Commission, in approving a certificate of compatibility, shall find as follows:
1. That the proposed structure, mobile or manufactured home is properly designed and complies with the requirements of the zone in which it is proposed.
2. That the proposed structure, mobile or manufactured home, with any conditions to be imposed, is in harmony with the various elements or objectives of the general plan and is not economically or aesthetically detrimental to existing or previously approved uses, structures or mobile homes within the surrounding area.
3. That the proposed structure, mobile or manufactured home is aesthetically compatible with the other uses, structures, and mobile homes in the surrounding area.
F. Director's action and appeal procedures.
1. The Director may approve, conditionally approve, or disapprove an application for a certificate of compatibility and shall announce and record the decision within twenty-one (21) days following the conclusion of the public hearing. The decision shall set forth the findings, in writing, and shall be filed with the Planning Division. A copy of the decision shall be mailed to the applicant.
2. The decision of the Director shall be final and shall become effective ten (10) days after issuance of the decision by the Director, subject to appeal pursuant to Chapter 20.424.
G. Planning Commission's action and appeal procedures.
1. The Planning Commission may approve, conditionally approve, or disapprove the application and shall announce and record the decision within twenty-one (21) days following the conclusion of the public hearing. The decision shall set forth the findings, in writing, and shall be filed with the Planning Division. A copy of the decision shall be mailed to the applicant.
2. The decision of the Planning Commission shall be final and shall become effective ten (10) days after issuance of the decision by the Planning Commission, subject to appeal pursuant to Chapter 20.424.
(Am. Ord. 1220, passed 3-16-21)