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HomeMy WebLinkAboutRes No 068PLANNING COMMISSION RESOLUTION NO. 68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND RECOMMENDING TO THE CITY COUNCIL CERTAIN CHANGES IN THE DESIGN REVIEW BOARD. WHEREAS, the Planning Commission of the City of Palm Desert did consider the existing Ordinance No. 72, and all recommended changes therein; and WHEREAS, said action does comply with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14". WHEREAS, at that time upon receiving and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission did find the following facts and reasons to exist to approve the changes to said Ordinance No. 72. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does hereby recommend the following: a) that the City Council repeal Ordinance No. 72 b) that the City Council repeal Section 18.30 of the Zoning Ordinance c) that the City Council adopt Ordinance No. 81 as attached d) that the City Council adopt a new Section 18.30 of the Zoning Ordinance, as attached PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Palm Desert, held on August 4, 1975 by the following vote, to wit: AYES: BERKEY, MULLINS, WILSON NOES: ABSENT:. SEIDLER, VAN DE MARK ABSTAIN: ILSO/, VICE CHAIRMAN ATTEST: cis.) r C. PAUL A. WILLIAMS, SECRETARY ORDINANCE NO. 81 AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING THE ORDINANCE CODE TO REESTABLISH A DESIGN REVIEW PROCESS AND BOARD, REPEALING ORDINANCE NO. 72 AND REPEALING SECTION 18.30 OF THE ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Palm Desert as follows: SECTION 1: Ordinance No. 72 is hereby repealed. SECTION 2: Section 18.30 of the Zoning Ordinance is hereby repealed. SECTION 3: Section 18.30 is hereby added to the Zoning Ordinance Code to read as follows: DESIGN REVIEW BOARD (Section 18.30) (A) Intent and Purpose A Design Review Board is established in order to: Review commercial and multi -family projects and recommend approval, alternatives, changes or denial of said projects to the Planning Commission. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this inter- dependence. Encourage the development of private and public property in harmony with the desired character of the City and in conformance with the guidelines herein provided with due regard to the public and private interests involved. Foster attainment of those sections of the City's General Plan which specifically refer to the preservation and enhancement of the parti- cular character and unique assets of this City and its harmonious development, through encouraging private and public interests to assist in the implementation process. Assure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and other public structures and spaces shall be protected by the exercise of reasonable controls over the character and design of buildings and open spaces to include street landscaping, median strips, parks, etc. (B) Membership, Meetings, Duties and Responsibilities The Design Review Board shall consist of seven members. Five members shall be citizens appointed by the Mayor and approved by the City Council. The five citizen members or designer (if available) may be two architects, one civil engineer, one landscape architect and one lay person knowledgeable in the design field. Citizen members shall be appointed based on their civic respon- sibility, ability to give objective, effective, constructive, and unprejudiced criticism, ability to give direction and suggest alternatives, and their use of diplomacy and tact in expressing their judgment. The Director of Environmental Services or his designated representative; and the Building Official or his designated representative shall be voting members of the Board. All members of the DRB shall serve for an unspecified time or for a specified period as established by the City Council. ORDINANCE NO. 81 The Director of Environmental Services shall appoint a member of the Department of Environmental Services to serve as Secretary to the Board. The DRB shall hold a minimum of two public meetings a month and additional meetins as directed by the Board. An applicant, upon the filing of an application, shall be advised of the date and place of his hearing before the Board. Four voting members must be present to hold a meeting. A majority vote of the members present is sufficient to take action on a submittal. The duties of the DRB shall be to review and recommend actions to be taken on all proposed developments requiring qualified aesthetic and architectural judgment to the end that the general appearance of all proposed developments shall preserve or enhance the physical environment and character of the City of Palm Desert. ( C) Required Drawings An applicant shall submit a design review application form and the following materials as applicable to the specific project (in sufficient size and quantities as determined by the City Staff) to the DRB. 1. In the "Design Development" phase of the project: (a) A dimensioned Site Plan showing: - Roof plan of building (s) - Location of existing trees and structures - Location and dimensions of streets, alleys, and highways - Location of off-street parking and loading facilities - Location of points of entry and exit for vehicles and internal circulation patterns - Location of walls and fences - Location of exterior lighting standards - Grading and slopes, existing and proposed - Location of existing easements, drainage and utilities - Street and road improvements Location and dimensions of existing buildings (b) Dimensioned architectural drawings including: A plan to scale - Elevations to include all sides of the proposed project (buildings, fences) indicating materials and colors - Perspectives, model or other suitable graphic materials at the option of the Board (c) A detailed landscape plan, designating areas to be landscaped, landscape materials, and sprinkler system (d) Site photographs at the option of the Board (e) Fire protection facilities and capacities 2. In the final "application for a building permit" phase, the same informa- tioned outlined above, developed into complete construction documents, shall be submitted. -2- ORDINANCE NO. 81 (D) Findings The DRB shall review the materials submitted with the application with respect to the following: Conformance with adopted development standards General site utilization - General architectural considerations including a review of: the height, bulk and area of the buildings the colors and materials to be used the physical and architectural relationship of the proposal with existing and proposed structures the site, layout, orientation and location of buildings and their relationship with open areas, topography, and line of sight height, materials, colors and variations in boundary walls, fences or screen planting appropriateness of sign design and exterior lighting General landscaping considerations (E) Action of DRB To recommend approval of an application, the Board shall find: - That the proposed development conforms to any legally adopted development standards. That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neigh- boring existing or proposed developments, and that it will not create traffic hazards or congestion. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive develop- ment contemplated by this Ordinance and General Plan of the City. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors and that it is aesthetically of good composition, materials, textures and colors. - The proposed use must conform to all the requirements of the zone in which it is located and all other applicable requirements. The overall development of the land shall be designed to ensure the protection of the public health, safety, and general welfare. (F) Effective Date of DRB Decisions The Board shall consider matters before them within thirty (30) days after the date of filing of the required application with the Planning Division of the Department of Environmental Services. If the Board fails to render a decision within thirty (30) days from its first consideration, then the application shall be automatically forwarded to the Planning Commission for consideration and action. If the Planning Commission fails to render a decision within thirty (30) days from its first consideration, then the application shall be automatically forwarded to the City Council for consideration and action. -3- ORDINANCE NO. 81 (G) Developments Subject to Site Plan Review No use certificate for a new structure or for the exterior alteration or en- largement of an existing structure shall be issued until the development has been reviewed and approved through the DRB process as prescribed by this Article. (H) Staff Review The Environmental Services staff shall process and review all Design Review Board applications and shall act as professional advisors to the Board. Other staff members may provide advice to the Board depending upon the complexity of the project and the need for specific expertise. (I) Design Review Area No action shall be taken on an application for the issuance of a building or sign permit for any sign, building or structure in all zone districts in the City, except the single family residence zone, without the approval of the Design Review Board. The Board shall also review and make recommendations on any matter referred to the Board by the City Council of Planning Commission. (J) Delegation of Authority The DRB may, at its discretion, authorize the Director of Environmental Services to approve or cause to be modified sign applications not exceeding $500 in value, exterior remodelings not exceeding $2500 in value, and proposed additions to commercial buildings not exceeding a change or increase in 25% of the total square footage. (K) Staff Review of Single Family Residence The staff of the Department of Environmental Services shall review applications for the issuance of a building permit for a dwelling in the single family zone. The staff shall utilize the criteria in Sections D & E in approving or causing to be modified a request. The staff, on its own initiative, may forward such a request to the DRB for action. (L) Establishment of Architectural and Development Guidelines The Board shall develop specific criteria for design to be considered in reviewing applications for development in the City. Said guidelines or development stan- dards shall be submitted to the Commission for review and recommendation to the Council. The Council shall review and take final action by resolution on all such recommendations. Such guidelines or development standards shall not be applied until approved by the Council. The guidelines and development standards may be amended from time to time as initiated by the Council, the Planning Commission or the DRB. (M) Appeals to DRB Any action taken by the City staff outlined in Sections J & K may be appealed to the DRB within fifteen (15) days from the date of the decision. A single family applicant may accept the recommendations of the DRB on his appeal or he can continue his appeal to the Planning Commission. (N) Coordination with required Site Plan Review The Director of Environmental Services shall assure that all actions taken by the DRB are coordinated with the Planning Division's site plan review process. (0) Planning Commission Review All requests for initial plot plan approval on property located in any district (except as heretofore indicated) shall be acted upon by the DRB and forwarded to the Planning Commission for final review and approval. The Commission may, by a majority vote, elect to assume authority over any other request. The Planning Commission shall use the same criteria in evaluating a project as outlined in this Article for the DRB. -4- ORDINANCE NO. 81 (P) Appeals to City Council An applicant, the City Council, or any owner of property located within three hundred (300) feet of the subject property may appeal from the decision of the Planning Commission to the City Council within fifteen (15) days from the date of the decision. (Q) City Council The City Council may, by majority vote, elect to assume authority over any request acted upon by the Design Review Board or Planning Commission. The Council shall use the same criteria in evaluating a project as outlined in this Article for the Design Review Board. The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published once within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in force and effect thirty (30) days after adoption. PASSED, APPROVED, AND ADOPTED this day of , 1975 by the following vote: AYES: NOES: ABSENT: HENRY B. CLARK, MAYOR City of Palm Desert, California ATTEST: HARVEY L. HURLBURT, CITY CLERK City of Palm Desert, California -5-