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HomeMy WebLinkAboutORD 43OWINANCM NO 43 BY ORDINANCEf..._. r'�......... AN ORDINANCE OF THS CITY OF PALM ..... j �r:.��........ ..._... AMENDING THE ORDINANCE CODE TO LISM AN ARCHITECTURAL REVIEW PROCEBS AND BOARD, RSPEALINO ORDINANCE NO. lZ AND 33, AND REPEALING SECTION'18.30 OF THE ZONING ORDINANCE. lu IT ORDAINED by the Council of the City of Palm Desert as follows: $WttON L:_ Ordinance Nos. 19 and 33 are hereby repealed. SECTION 2: Section 18.30 of the Zoning Ordinance is hereby repealed.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: SECTION 18.30 - Architectural Review Board (A) Intent and Purpose The City Council of the City of Palm Desert finds and determines that in order to: encourage the orderly and harmonious appearance of structures and property within the City, maintain the public health, safety and general welfare, maintain property and improvement values throughout the City and encourage the physical development of the City as intended by the General Plan, and Architectural Review Board is hereby established and its duties and responsibilities shall be enumerated herein. The purpose of this Ordinance is to: Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit; 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 rotor to the preservation and enhancement of the particular 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 char- acter and design of buildings and open spaces to include street landscaping, median strips, parks, etc. (B) Dutius and Responsibilities: The duties of the Architectural Review Board shall be to review and approve or cause to be modified all proposed developments requiring qualified aesthetic and architectural judsment 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) Membership: The Architectural Review Board shall consist of five members. One member shall be a council person appointed dr eM Cowieli dy a lour -fifths note. Two dsabers shall bePlivaiud Coswissioaers appointed by the Council by a four -fifths rote for the tint ties only. Thereafter the planning Commission embers shall be appointed by the Planting Commission by a simple majority. Oat 0e01ber shall be the Director of lavironmental Services. One member shall be the Building Official. The board Chairia►s shall be the member from the City Council. All members should be able to read and interpret architectural drawings and to Judge the effects of a proposed building, structure, or sign upon the surrounding community. The Director of Environmental Services, or his designated representative shall sorve as Secretary to the Board. (D) Staff Review: The Environmental Services staff shall process and review all Architectural 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. (E) Architectural Review Area: Ito action shall be taken on an application for the issuance of a building or sign permit for any sign, building or structure in any zone district in the City, without the approval of the Architectural Review Board. The Board shall also review and approve or cause to be modified any matter referred to the Board by the City Council or the Planning Commission. (7) Meeting Procedures: The Architectural Review Board shall hold regularly scheduled public meetings 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. Three members must be present to hold a meeting. A majority vote of the members present is sufficient to take action on a submittal. (a) Required Application and Plan Submittal: An applicant shall submit an architectural review application form and the following materials, as applicable to the specific project (in sufficient quantities as determined by the Board) to the Architectural Review Board. 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, draining and utilities -street and road improvements -_- i• 'V . ., • a. Dimensioned architectural drawings including$ -A plan to scale �bievation to include all sides of the proposed pro" tb ildings, fences) Indicating materials iw colors -Perspectives, model or other suitable graphic materials at the option of the Board a. A detailed landscape plan, designating treat to be landscaped, landscape materials, and sprinkler system d, Site photographs at the option of the Hoard. to Fire protection facilities and capacities. _e in the final "application for a building permit" phase, the same information outlined above, developed into completed construction documents, shall be submitted. (H) Submittal Evaluation The Architectural Review Board shall review the mat- erials submitted with the application with respect to the following aspects of the proposal: 1. General Site Utilization. !. General Architectural considerations including a review of: a. The height. bulk and area of the buildings. b. The colors and materials to be used. c. The physical and architectural relationship of the proposal with existing and proposed structures. d. The site. layout. orientation and location of buildings, and their relationship with open areas topography, and line of sight. e. Height, materials, colors and variations in boundary walls, fences or screen planting. f. Appropriateness of sign design and exterior lighting. S. General Landscaping Considerations. 4. Graphics. To grant approval of an application the Board shall find: 1, That the design and location of the proposed develop- ment 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 neighborhoods that it will not unreasonably inter- fere with the use and enjoyment of neighboring existing or proposed developments, and that it will not create traffic hazards or congestion. !. That the design and location of the proposed develop- ment is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this Ordinance and General Alan of the City. S, That the design and location of tproposed development would provide a desirable snvtr=pr for its occupants, as well as for its neighbors, and that it is aesthetically -'- a of good oosrpositioao sa►teriaiso textures and eolors. C The proposed use must conform to all the require- 11e0ts of the none in which it is located and all other applicable requirements. 8. The over-all development of the land shall be designed to insure the protection of the public health, safety and general welfare. (1) Tins for Decision: The Board shall decide matters before them within 30 days after the date of filing of the required applicaton with the Planning Division of the Department of Environmental Services except when the applicant consents to an extension of time. If the Board fails to render its decision within the period of 30 days or any extension thereof consented to by the applicant, then the application shall be deemed approved on the 32st day or on the day after tho extension ends. (J) Administrative Function: The granting of any Board approval, when conforming to the provisions of this article, is hereby declared to be an adminis- trative function, the authority and responsibility for which is Imposed upon the Architectural Review Board, and the action taken by the Board shall be final and conclusive, except in the event of an appeal and referral as hereafter provided. (R) Delegation of Authority: The Board may, at its discretion, authorize the Director of Environmental Services to approve or cause to be modified sign applications or proposed additions or remodelings not exceeding $1.500.00 in value. (L) Planning Commission Review All requests for plot plan approvals on property located in any commercial or industrial zone district that exceed $1,500 in value, except sign review when submitted separately, shall be forwarded by the Architectural Review Board to the Planning Commission for final review and approval. The commission may by a majority elect to assume authority for final approval of residential developments over an agreed upon number of dwelling units for a specific time period. The Planning Commission shall use the same criteria as outlined in (H) above to evaluate the plot plans. (K) Establishment of Special Architectural Review Arc+as: The Board may, from time to time and at its discretion, recommend to the Planning Commission that certain special architectural review areas and that specific criteria to be considered in review- ing applications for development within said areas to be established. The Planning Commission shall review such recommendations and shall recommend approval, modification or denial of same to the City Council. The City Council shall take the final action on all such recommenda- tions and may designate said areas by resolution. (N) Nstablishment of Architectural and Development an ar s: The Board shall develop specific criteria for design to be considered in reviewing applications for development In the City said standards shall be submitted to the Planning Cummi.s- sion for review and recommendations to the City Council. The City Council shall review and take final action by resolution on all such recommendations. such standards shall not be applied until approved by the City Council. The standards may be amended from -4. time to tine M initiated sy the City Council or the Architectural MWiM bar** to) Amulet Aa applicant or any property owner located within 300 feet of the subject property may appeal from the decision within 18 days after the date of the mailing of the Architectural ftv"w Board's decision. The decision shall be appealed in writ- ing to the Planning Commission, on the forms provided by the City. The Planning Commission may assume jurisdiction over the application for permit for the purpose of reviewing the action of the Architectural Review Board. Upon receipt of a completed appeal or the imposition of jurisdiction in the Planning Commission, the Director of Environ- mestal Services shall set the matter for hearing before the Planning Cosmlession not less than five days nor more than 30 days thereafter and shall give written notice of the hearing to the applicant, the appellant and the Chairman of the Architectural Review Board. The Planting Commission shall render its decision within iS days follow- ing the close of the hearing on the appeal. The decision of the Planning Commission may be appealed by the applicant or any property owner located within 300 feet of the subject property to the City Council and the same procedures described above for the Planning Commission shall be followed. This appeal process shall also apply to the Planning Commission decision on a commerical or industrial development. (P) Enforcement: go final inspection or occupancy permit shall be granted unless the completed work complies with the plans approved and the conditions required by the Board. PASSED, APPROVED and ADOPTED this 25th day of July 1974 by the following vote: AYES: Astons Sruahs McPhersons Clark NOES: None ABSENT: Benson AT ROT: —JoVityerNc City of Palm Desert, California .aru.... a . vAMS"q , ..e.A vw City of Pale pgsert, California WOO