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HomeMy WebLinkAboutORD 1386ORDINANCE NO. 1386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE PALM DESERT MUNICIPAL CODE, ADDING CHAPTER 2.22 ESTABLISHING THE ARCHITECTURAL REVIEW COMMISSION WHEREAS, Title 2 (Administration and Personnel) of the Palm Desert Municipal Code (PDMC) establishes provisions for the City of Palm Desert (“City”) Commissions; and WHEREAS, the City Council of the City of Palm Desert desires to enact this Ordinance to make such updates, clarifications, and revisions to the PDMC; and WHEREAS, the City Council of the City of Palm Desert finds that all the recitations are true and correct and does constitute the findings and considerations of the Council in this case. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council finds that the above recitals are true and correct and, accordingly, are incorporated as a material part of this Ordinance. SECTION 2. Amendment to PDMC. Addition of PDMC Chapter 2.22 Architectural Review Commission (ARC) is hereby added to the PDMC as follows: 2.22 Architectural Review Commission (ARC) 2.22.010 Architectural Review Commission established. The Architectural Review Commission (“ARC”) is hereby established for the following purpose and shall have the following responsibilities: A. Purpose. The ARC reviews the building architecture and landscape design of commercial, office, industrial, and residential development, deviations, or otherwise as stated in the municipal code and modifications to previously approved projects to assure compatibility with the City's policies and objectives. B. Responsibilities. 1. Review and make recommendations to the Planning Commission for precise plans, development plans, conditional use permits, variances, and planned community developments, and/or as otherwise indicated in Section 25.60.070; Ordinance No. 1386 Page 2 2. Conduct final approval for design review and sign design review pursuant to Chapter 25.68 and/or as otherwise indicated in Section 25.60.070; 3. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit; 4. Ensure the architectural design of buildings or structures and landscaping of developed areas and open spaces are visually harmonious with surrounding development and the natural environments; 5. Promote high-quality aesthetics and visual interest when considering developments to attain the most desirable use of land and improvements; and 6. Encourage the development of private and public property in harmony with the desired character of the City and in conformance with the guidelines provided in Title 25 (Zoning) with due regard for the public and private interests involved. The provisions set forth in Chapter 2.34 shall apply to this commission, except as otherwise required by state law. If there is any conflict or inc onsistency between the provisions of this chapter and those in Chapter 2.34, the provisions of this chapter will control. 2.22.020 Membership A. ARC shall consist of seven (7) regular members. B. At all times, the Commission shall strive to maintain a membership composition that includes the following professionals: 1. Architect, three (3) members. 2. Landscape Architect/Designer, one (1) member. And may include three (3) members from the following: 3. Development Industry professional. 4. Member of the public who represents the community at large and is knowledgeable in the design, landscape, or architectural field. 5. Nonresident with professional expertise as an Architect or Landscape Architect/Designer. Ordinance No. 1386 Page 3 C. Secretary. The Director of Development Services or designee shall serve as the official secretary to the ARC. 2.22.030 Meetings A. Regular Meetings The ARC may hold two (2) regular meetings per month at such time and place as fixed by resolution. B. Disqualification of members for interest in properties. 1. Any ARC member who is employed to execute a plan, building, or structure of any kind requiring Commission approval or who will take part in the competition for any such building or structure shall be disqualified from voting, recuse oneself, and step down from proceedings on that item. 2. Projects associated with Commission members before the ARC shall be filed under the same rules, procedures, and guidelines as all other projects as set forth in Chapter 25 of the municipal code. SECTION 3. California Environmental Quality Act (CEQA). The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility of causing a significant effect on the environment. Specifically, the proposed changes to the PDMC are primarily procedural and administrative in nature. Moreover, the changes are technical in nature and do not allow for a specific development. In reviewing the Ordinance, the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance. SECTION 4. Severability. If any section, subsection, clause, or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconsti tutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragrap h, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase would be declared invalid, unconstitutional, or unenforceable. Ordinance No. 1386 Page 4 SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in The Desert Sun, a newspaper of general circulation, published, and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON OCTOBER 13, 2022. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1386 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on September 29, 2022, and adopted at a regular meeting of the City Council held on October 13, 2022, by the following vote: AYES: JONATHAN, KELLY, NESTANDE, AND HARNIK NOES: NONE ABSENT: QUINTANILLA ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on _________________. ANTHONY J. MEJIA CITY CLERK Anthony Mejia (Oct 25, 2022 10:57 PDT) Anthony Mejia (Oct 25, 2022 10:57 PDT) Oct 25, 2022