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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
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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.
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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:
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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:
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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
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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.
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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.
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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:
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/of Arcadia
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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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
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