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HomeMy WebLinkAbout2155 ORDINANCE NO. 2155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TEXT AMENDMENT TA 2001-03 AMENDING SECTIONS 9295 ET SEQ. OF THE ARCADIA MUNICIPAL CODE RELATING TO ARCHITECTURAL DESIGN REVIEW WHEREAS, this text amendment (TA 2001-03) was initiated by the Development Services Department of the City of Arcadia to revise Section 9295 et seq. of the Arcadia Municipal Code by adopting new Architectural Design Review regulations; and WHEREAS, on November 27, 2001, a public hearing was held before the Planning Commission on said matter at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission voted 4 to 0 with one member absent to recommend to the City Council approval of Text Amendment T.A. 2001-03; and WHEREAS, on January 15, 2002, the City Council held a public hearing on said text amendment; and WHEREAS, as part of the record of this hearing, the City Council reviewed and considered: 1. All staff reports and related attachments and exhibits submitted by the Community Development Division of the Development Services Department to the City Council; 2. The record of the Planning Commission hearing regarding Text Amendment T.A. 2001-003; 3. All information and material and documentation presented as part of the public testimony at the Planning Commission public hearing on November 27, 2001, including the staff report, the environmental documents (including the Negative Declaration): and WHEREAS, the City Council adopted the Negative Declaration for Text Amendment T.A. 2001-003 at its meeting on January 15, 2002; and -1- 2155 WHEREAS, the above recitals are hereby incorporated as part of the findings set forth below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. That the factual data submitted by the Development Services Department to the City Council with reference to Text Amendment T.A. 2001-03 is true and correct. Section 2. That the City Council finds that the proposed new architectural design review guidelines will maintain and protect property values; provide guidance for the orderly development of the multiple-family, commercial and industrial zoned areas within the City; and promote high quality development. Section 3. That Sections 9295 et seq. of the Arcadia Municipal Code are amended to read in their entirety as follows: DIVISION 5 ARCHITECTURAL DESIGN REVIEW 9295. PURPOSE. The purpose of the Architectural Design Review Guidelines is to promote a desired level of quality development in Arcadia that will: A. Contribute to a positive physical image and identity of multiple-family, commercial and industrial development. B. Foster design that is sensitive to both the site and its surroundings. C. Provide guidance for the orderly development of the City and promote high quality development. D. Maintain and protect the value of property. E. Reinforce the importance of the pedestrian with scale and space. F. Ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development. G. Encourage improvements that respect or improve neighborhood character. -2- 2155 H. Ensure that plans for the landscaping of open spaces conform to the requirements set forth in the code, and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites and blend harmoniously with the natural landscape. I. Ensure that the design and location of signs and their materials and colors are consistent with the character and scale of the buildings to which they are attached or which are located on the same site, and ensure that signs are visually harmonious with surrounding development. J. Encourage excellence and diversity in architectural design to enhance the visual environment of the city, preserve and protect property values and the character of the community, and mitigate against degradation and depreciation. K. Promote and protect the health, safety, comfort and general welfare of the community, to promote the standards of appearance in the community and encourage the appropriate use of land within the City. The interpretation and implementation of the design guidelines should be based on the above purposes. Projects that are reviewed for compliance with the design guidelines should meet the intent of the above purposes. The guidelines do not seek to impose an overriding style, a limited color palette, or an artificial theme, but seek to promote the positive design characteristics existing throughout the City. The goal is to promote quality designs that have been carefully considered. It is intended to promote designs that have well integrated features rather than tacked on details. The guidelines are less quantitative than mandatory development standards and may be interpreted with some flexibility in their application to specific projects. 9295.1. APPLICABILITY. Design approval is required prior to the issuance of a building permit, sign permit, conditional use permit, variance and/or modification, for all projects located within all the multiple-family, commercial and industrial zones as well as exterior alterations, additions or new buildings located in the S-1 zone. In addition, the design guidelines apply to the following uses which do not require permits: painting of buildings and signs painted directly on a building. Exception: the provisions do not apply to the following: -3- 2155 1. Signs having no words or symbols greater than 3 inches in height. 2. Building permits for work which is located entirely within a building and which does not alter the external appearance of said building. 9295.2. HOW TO USE THE DESIGN GUIDELINES. These guidelines are intended to be used to generally influence the design of multiple-family, commercial and industrial development/redevelopment of land uses. The guidelines should be used as a starting point for the creative design process and should not be looked upon as the only solution for design. Owners of properties should strive to be creative and innovative and look beyond franchise or boilerplate architectural, signage and landscape architectural design treatment. 9295.3. INTERPRETATION OF PROVISIONS. To aid in the interpretation of these guidelines, a development applicant should understand the meaning of "should", "encouraged", and "discouraged". Guidelines that employ the word "should" are intended to express the City's desire and expectation. An alternative measure may be considered, however, if it meets or exceeds the intent of the guideline. Guidelines using the words "encouraged" or "discouraged" are meant to express a more or less desirable design solution. 9295.4. RELATIONSHIP TO DESIGN REVIEW PROCESS. The Design Guidelines will be utilized during the City's development review process to encourage the highest level of design quality and at the same time, provide the flexibility necessary to encourage creativity on the part of project designers in response to existing site conditions. Applicants of new development or rehabilitation must follow a development review process set forth below in order to complete site and building improvements. 9295.5. SCOPE AND AUTHORITY. Project proponents should review the entire set of design guidelines prior to beginning a project's design. Design review shall consist of three steps: -4- 2155 1. Preliminary consultation between the project sponsor and the Development Services Department staff to discuss design guidelines and design criteria applicable to the site and use. 2. Design concept review by the Development Services Department, Modification Committee, Planning Commission or City Council, as provided for in the code. 3. Final design review during the Plan Check process by the Development Services Department for consistency with the approval or conditional approval as established in the design concept approval stage. 9295.6. GENERAL DESIGN CRITERIA FOR ALL PROJECTS. General design review criteria for multiple-family projects and commercial/ industrial projects shall be established by resolution of the City Council. 9295.7. DESIGN REVIEW PROCEDURES. A. The Development Services Department shall perform design concept review of projects that do not require a modification, conditional use permit, or zone variance. B. Design concept review of projects that require a modification, conditional use permit or zone variance may be performed by the body acting on such modification, conditional use permit or zone variance. C. Projects in excess of two (2) acres or buildings in excess of 40,000 sq. ft. shall be subject to design review by the Planning Commission. D. The Development Services Director or designee, Modification Committee, or Planning Commission may in its discretion decline to review or determine the matter and instead may refer it to the body which would consider the matter as if an appeal had been filed. 9295.8. INITIATION OF DESIGN REVIEW. A. Preliminary Consultation. Preliminary consultation shall be initiated by requesting an appointment with the Development Services Director or a designated representative. B. Design Concept Review. Design concept review shall be initiated by an application submitted to the Development Services Department on a form approved and containing information required by the Development Services Director, or designee. The application shall -5- 2155 include such plans and materials required for adequate concept review. C. Final Design Review. Final design review of development plans shall be initiated within one year of design concept approval by submitting plans to Building Services for plan check. 9295.9. DESIGN CONCEPT REVIEW AND APPROVAL. A. By Development Services Department. The Development Services Director or his/her designee shall review development plans submitted for design concept approval within thirty (30) working days of receipt, and may approve, conditionally approve, disapprove or return plans for revisions. After each submittal of a complete application, the City has thirty (30) working days to review the plans. Within five (5) working days after a decision, notice shall be mailed to the applicant. B. By Modification Committee, Planning Commission or City Council. Concurrent with the hearing of an application for a modification, conditional use permit or zone variance, the Modification Committee, Planning Commission or City Council may approve, conditionally approve or disapprove the design concept plans. 9295.10. FINAL DESIGN REVIEW AND APPROVAL. A. The Development Services Department shall review the final design as part of the plan check procedure to ensure compliance with the approved plans. The Development Services Department may approve, conditionally approve or disapprove said plans. B. If in the opinion of the Development Services Director, the final plans are not consistent with the previously approved design concept plans, the Development Services Director or designee shall refer said plans to the body that had previously acted on the design concept plans, for their review and action. Said body may approve, conditionally approve or disapprove said plans. Within 5 working days after a decision, notice of the decision shall be mailed to the applicant. 9295.11. FEE. Before accepting for filing any application for design review, the City shall charge and collect a fee, and the applicant shall pay to the City a fee in an amount established by resolution of the City Council. -6- 2155 9295.12. EFFECTIVE DATE. No permit or license shall be issued for any use involved in an application for design review until action on such application shall have become final by reason of the expiration of time to make an appeal (within 5 working days after the date of decision). 9295.13 EXPIRATION OF APPROVAL. Design Concept Approval. Design concept approval shall expire one (1) year following its effective date unless: 1. A building permit has been issued and construction has commenced and been diligently and continuously pursued; or 2. A certificate of occupancy has been issued; or 3. The approval is renewed. 9295.14. EXTENSION OF APPROVAL. The Development Services Director or designee or the body that reviewed a project may renew design concept approval or final design approval for a period not to exceed one year beyond the initial expiration date, upon determining that the findings made remain valid. An application for an extension shall be made a minimum of thirty (30) days prior to the initial expiration date and shall be accompanied by payment of a fee in an amount established by resolution of the City Council. 9295.15. PLAN REVISIONS. The Development Services Director or designee or the body that conducted design concept review of a project may approve changes to approved plans or in conditions of approval upon determining that the changes are minor and are consistent with the intent of the original approval. 9295.16. APPEAL. A. Appeals from the Development Services Director's or designee's or Modification Committee's decision shall be made to the Planning Commission within five (5) working days of the Development Services Director's or designee's or Modification Committee's decision and shall be accompanied by payment of an appeal fee in an amount established by resolution of the City Council. A public hearing will be scheduled not less than ten (10) calendar days nor more than forty (40) calendar days after the filing of an appeal. -7- 2155 B. Appeals from the decision of the Planning Commission shall be made to the City Council within five (5) working days of the Planning Commission's decision and shall be accompanied by payment of an appeal fee in an amount established by resolution of the City Council. The City Council shall set a date for a public hearing at its next regular meeting after the filing of such appeal. 9295.17. ENFORCEMENT. A. Buildinq Permits. Building Permits shall not be issued if conditions imposed under the Architectural Design Review Procedure are not satisfied. B. Conditions. Non-compliance with design review requirements that are included as conditions to discretionary land use approvals of the City such as conditional use permits, modifications and similar actions, shall constitute grounds for the suspension or revocation of such approval. C. Misdemeanor and Public Nuisance. Violation of any of the requirements of this Ordinance shall constitute a misdemeanor and a public nuisance pursuant to Sections 1200 and 1201 of the Arcadia Municipal Code. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 5th day of HaTch ,2002. ATTEST: ~ "-<)? /of Arcadia APPROVED AS TO FORM: . ~~~o. i~ Stephen P. Deitsch, City Attorney -8- 2155 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2155 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of March, 2002 and that said Ordinance was adopted by the following vote, to wit: A YES: Councilmember Chandler, Chang, Kovacic, Marshall and Segal NOES: None ABSENT: None ") V~ ~ ~S) SW Clerk of the 9