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HomeMy WebLinkAboutORD 326ORDINANCE NO. 326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE MUNICIPAL CODE CHAPTER 25.70, DESIGN REVIEW. CASE NO. ZOA 13-82 WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of January, 1983, and the 10th day of February, 1983, hold a duly noticed public hearing, to consider amendments to Chapter 25.70, Design Review. WHEREAS, the Planning Commission, by Resolution No. 836, has recommended approval; and, WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services has determined the project is a Class 5 Categorical Exemption; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the amendment. 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the council in this case. 2. That it does hereby approve a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A". 3. The city clerk is directed to publish this ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert and shall certify to the passage of adoption of this ordinance and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 2 4t h day of February 1 PS2 , by the following vote to wit: AYES: Jackson, Kelly, Wilson, Snyder & Pulugi NOES: None ABSENT: None ABSTAIN: None MO I .. SHEILA R. GXLIGANC �'.i� Cler City of Palm Desert, fornia /pa CITY COUNCIL ORDINANCE NO. 326 EXHIBIT "A" CHAPTER 25.70 ARCHITECTURAL COMMISSION GOALS/POLICIES/PROCEDURES 25.70.010 Architectural commission established. An architectural commission is established in order to accomplish the following: A. Review commercial, industrial, multifamily projects and single- family dwellings and approve subject to conditions and/or with changes, or deny said projects; B. Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit; C. 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 this title with due regard for the public and private interests involved; D. Foster attainment of those sections of the city's general plan which specifically refer to the preservation and enhancement of the particular character and unique assets of the city and its harmonious development, through encouragement of private and public interests to assist in the implementation process; E. 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. 25.70.020 Membership. The architectural commission shall consist of five (5) members appointed by the city council; three of whom shall be architects (if available). 25.70.030 Appointment and term of office. The voting members of the architectural commission shall be appointed by the city council. The first voting members of the commission shall be appointed for the followingg terms: A. Two (2) shall serve for a term of four (4)years; B. One shall serve for a term of three (3) years; C. One shall serve for a term of two (2) years; and D. One shall serve for a term of one year. Thereafter the term of office for voting members shall be four (4) years. If a member is unable to serve for three consecutive regular meetings, the chairman or acting chairman shall declare the office of such member vacant. The secretary shall immediately thereafter inform the city council. 25.70.040 Secretary. The director of environmental services shall serve as the official secretary to the architectural commission. The records of all proceedings and the basis for all findings shall be available to the city council and to the public. 25.70.050 Meetings. The architectural commission shall hold two (2) public meetings a month when there is business to conduct. 25.70.060 Rules. The architectural commission shall adopt rules and regulations for the conduct of its business. Three (3) voting members shall constitute a quorum. The affirmative or negative vote of a majority of the members present shall be sufficient for it to take action. 25.70.070 Jurisdiction. A. General: Unless plans, elevations and proposed signs for buildings or structures or alterations thereto, have been approved by the architectural commission, or by the city council on appeal, no permit shall be issued for any building, structure, sign or other development of property or appurtenances or alterations thereto, except in single-family residential districts. Architectural review may be a condition of an approval of a conditional use permit or a variance in a single-family residential district. CITY COUNCIL ORDINANCE NO. 326 B. Exceptions: When, in the opinion of the director of environmental services, the approval of an application for a minor or insignificant permit does not defeat the purposes and objects of this article, he may grant the permit without submitting the matter to the architectural commission for its approval, notwhithstanding any other provisions of this section or this article. In addition the director of environmental services shall be authorized'to issue sign permit approvals for signs having a value of less than $1,500.00. The decision of the director of environmental services shall be subject to appeal made to the architectural commission. 25.70.080 Building relocation. The architectural commission shall review all plans submitted with applications for moving buildings within or into the city. Photographs shall be included with the application showing all elevations, the structure proposed to be moved, the proposed site, and the buildings adjacent to the proposed site. The commission shall determine whether the Building proposed to be moved will fit harmoniously into the neighborhood wherein it is to be located. It may approve, approve with conditons, or disapprove the issuance of a permit to move such building. 25.70.085 Staff review of a 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 and residential estate zones. The staff shall utilize the criteria in Sections 25.70.090 in approving or causing to be modified such a request. The staff, on its own initiative, may forward such a request to the design review board for action. 25.70.090 Action of the commission. To approve an application, the commission shall find the following: A. That the proposed development conforms to any legally adopted development standards; B. 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 neighboring existing or proposed developments and that it will not create traffic hazards or congestion; C. 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 development contemplated by this title and the general plan of the city; D. 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; E. The proposed use must conform to all the requirements of the zone in which it is located and all other applicable requirements; F. The overall development of the land shall be designed to ensure the protection of the public health, safety and general welfare. 25.70.100 Staff review. The environmental services staff shall process and review all architectural commission applications and shall act as professional advisors to the commission. Other staff members may provide advice to the commission depending upon the complexity of the project and the need for specific expertise. 25.70.110 Effective date of decision. A decision or order of the commission or the director of environmental services shall not become effective until the expiration of ten (10) days after the date upon which a ruling of the commission or the director of environmental services has been made. 25.70.120 Appeals. A. The applicant or any interested party may file an appeal to the city council on any decision of the architectural commission. B. The applicant or any interested party may appeal to the architectural commission any decision of the director of environmental services. C. The appeal shall be held or made within ten (10) days. Except for appeals made to the city council, appeals shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this article or standards set forth in or pursuant to this code. The council shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of time is consented to by the applicant and such filing shall suspend any building permit issued pursuant to the ruling of the architectural commission or director of environmental services until the appeal has been decided. CITY COUNCIL ORDINANCE NO. 326 25.70.130 Disqualification of members for interest in buildings. A. Any member of the architectural commission who shall be employed to execute a plan, building or structure of any kind requiring the approval of the commission or who shall take part in competition for any such building or structure, shall be disqualified from voting and shall abstain and step down from proceedings on that item. B. Commission members with projects before the architectural commission shall file projects under the same rules, procedures and guidelines as set forth. L