HomeMy WebLinkAbout1417ORDINANCE NO. 1417 (2002 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING CHAPTER 2.48 OF THE CITY MUNICIPAL CODE
ESTABLISHING THE CITY'S ARCHITECTURAL REVIEW
COMMISSION
WHEREAS, the Architectural Review Commission held a public hearing on April 15,
2002, to consider amendments and recommended approval of amendments to Chapter 2.48 of the
City Municipal Code establishing the City's Architectural Review Commission and it's Bylaws;
and
WHEREAS, the City Council conducted a public hearing on June 4, 2002 and has
considered testimony of interested parties, the records of the Architectural Review Commission
hearing and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has determined that it is necessary to amend Chapter 2.48 of
the Municipal Code; and
WHEREAS, the purpose of the amendments are to remove the bylaws from the Municipal
Code Chapter 2.48 and place the bylaws into a separate resolution consistent with other City
commissions; and
WHEREAS, the Municipal code Chapter 2.48 requires updates in order to reflect the
current duties of the Architectural Review Commission.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the proposed amendment to the Municipal Code Chapter 2.48 is exempt under State CEQA
Guidelines 15061(b)(3), and reflects the independent judgment of the City Council.
SECTION 2. Findings. That this Council, after consideration of all the evidence makes
the following findings:
1. That the revision to the Municipal Code will allow necessary updates to be
incorporated, therefore listing the appropriate current duties and functions of the
Architectural Review Commission.
2. Removal of the Bylaws from the Municipal Code will allow the creation and adoption
of a separate resolution for the Bylaws that can be easily amended as necessary,
consistent with other City Commissions.
3. The proposed Changes to the Municipal will not adversely affect the public health,
safety, and welfare of the community since the changes only apply to the functions
and duties of an existing Commission.
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SECTION 3. Sections Amended: The following sections of Chapter 2.48 of the Municipal
Code are hereby amended to read as follows:
San Luis Obispo Municipal Code Chapter 2.48
ARCHITECTURAL REVIEW COMMISSION
Sections:
2.48.010
Established.
2.48.020
Findings and policy.
2.48.030
Terms.
2.48.040
Duties.
2.48.050
Projects subject to Architectural Review.
2.48.060
Noncompliance with provisions.
2.48.070
Revocation, expiration and extension of approval
2.48.080
Appeals.
2.48.090
Architectural review procedures.
2.48.010 Established.
There is hereby established the San Luis Obispo Architectural Review Commission consisting of
seven members appointed by the council. Commissioners are compensated at $50.00 per meeting
with a monthly maximum of $200.00.
2.48.20 Findings and policy.
The council finds and declares:
A. That the city of San Luis Obispo is a city with unique characteristics, ideal climate
conditions, spectacular natural vistas, and natural dynamic natural features. It is these
characteristics which attract a significant number of visitors to San Luis Obispo and
which enhance the quality of life of the permanent residents;
B. That all of these factors constitute an important economic base for the city, both for those
who earn their living and for those who visit the city;
C. That the appearance of buildings, structures, and the land, as visible from public streets,
places and ways, has a material and substantial relationship to property values and the
taxability of property in the city;
D. That to protect the economic welfare of the community, it is the policy of the council to
protect, maintain and enhance the social and economic values created by past and present
investments in the community by requiring all future development to respect these
traditions and require that all buildings and structures placed on the land respect the
natural land forms, and become a compatible part of the total community environment,
both in the local neighborhood and the city as a whole;
E. That the policy will be furthered by the creation of an architectural review commission to
develop appropriate standards and guidelines for the use of persons planning future
developments, to advise and assist both the developers and the city in applying the
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standards, and to review all proposals for future developments to assure conformance
with the policy.
2.48.030 Terms.
A. Commissioners shall be appointed for terms of four years which shall commence
immediately upon appointment by the council.
B. Commissioners shall serve at the pleasure of the council and may be reappointed;
provided, that no appointee shall serve more than two consecutive full terms (eight years).
Appointment to a partial term of office following an unscheduled vacancy shall not
preclude the appointee from serving two consecutive full terms following completion of
the partial term; provided, that the partial term is less than two years.
C. All of the procedures and requirements contained in the council adopted "Handbook for
Advisory Bodies" shall be incorporated in this section by reference.
2.48.040 Duties
A. The commission shall establish appropriate standards and guidelines for the use of
persons planning future developments which are subject to architectural review
commission approval, the standards and guidelines to be set forth in pictorial and/or
narrative form and may illustrate undesirable as well as desirable examples of design. A
document containing the standards and guidelines shall be available for public reference
in the community development department. The commission shall periodically review
these standards and guidelines and may make appropriate amendments.
B. The commission shall make itself available to advise and assist both developers and city
staff in the application of its standards and guidelines to projects during schematic and
development stages.
C. The commission shall review and approve plans for all structures and physical
improvements, and for any relocation, addition, extension, or exterior change to existing
buildings, structures and physical improvements, as set forth in Section 2.48.050.
Approval by the commission must be obtained before a building permit or other city
permit may be issued authorizing construction, alteration, relocation, addition, or
extension. This requirement for commission approval shall not apply to work which the
director determines to be aesthetically insignificant, or minor or incidental. When, in the
opinion of the director, an application for use permit, variance or rezoning may create an
architectural impact contrary to the objectives of this chapter, the director may require
architectural review prior to any required hearing on the application.
2.48.050 Projects subject to Architectural Review.
A. Architectural review shall be required for all structures and physical improvements except
individual built single - family dwellings. The exception for the individual single - family
dwellings shall not apply (1) when architectural review is required as a condition of a
subdivision, use permit or other discretionary entitlement; (2) when a developer proposes
to construct three or more units; (3) when the director determines the site is sensitive as
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set forth in the procedures document. "Sensitive sites" shall include, but not be limited to,
open space zoning areas designated by resolution of the planning commission,
architectural review commission or council; (4) where the scale or character of the
proposed dwelling contrasts significantly with adjacent or neighboring structures; and (5)
where any required parking space that is covered is converted to another use and
replacement parking is proposed.
B. Architectural review shall be required for all city financed projects, including, but not
limited to, municipal buildings, park and open spaces and street furniture.
C. Architectural review shall be required for all projects, including individual built single -
family dwellings, located in or along any creek or waterway as defined by the city's flood
plain management policy. Approval shall be granted if a finding can be made that a
project complies with the uniform storm design criteria for waterways, all other
applicable policies and standards for flood plain management, and otherwise satisfies
relevant architectural criteria. Projects involving any building or bridge proposed to be
constructed in or over any portion of any of the four major creeks or waterways, as
defined by said policy, or any major creek modification project shall be referred to
council for review and specific directional guidance prior to any architectural review.
2.48.060 Noncompliance with provisions.
A. In addition to any other fines, penalties or enforcement provisions set forth in this
chapter, failure to comply in any respect with an approved architectural review
application shall constitute grounds for immediate stoppage of the work involved in the
noncompliance until the matter is resolved.
B. An occupancy permit shall not be issued in part or whole for any building or group of
buildings subject to architectural review unless and until the work specified in the
architectural review approval has been completed.
2.48.070 Revocation, expiration and extension of approval.
A. In any case wherein demolition or removal of any existing structure is a part of
architectural review approval, the demolition or removal shall be completed, and all
debris removed from the site, within the specific period of days designated in the
architectural review approval, or the entire architectural review approval shall be deemed
to have expired for cause.
B. Architectural review approvals will automatically expire in one year unless a different
expiration date or unlimited expiration is stipulated at the time of approval. An applicant
may at any time apply to the director for an extension of up to one year; provided, that
approval not exceed a maximum of two years from the date of original approval. The
director may grant the extension if he finds that there has been no substantial change in
the factual circumstances surrounding the originally approved design. The director may
make minor modifications of the approved design at the time of extension. Any further
extension beyond two years from the date of original approval shall require submission of
a new application for architectural review commission approval.
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2.48.080 Appeals.
A. Any person may appeal a decision of any official body, except that administrative
decisions requiring no discretionary judgment, as provided in Chapter 1.20, may not be
appealed.
B. Appeals must be filed within ten calendar days of the rendering of a decision which is
being appealed. If the tenth day is a Saturday, Sunday or holiday, the appeal period shall
extend to the next business day.
C. Decisions of the director, as in the case of minor or incidental architectural review
determinations, shall be appealed to the Architectural Review commission. Such appeals
shall be filed with the director.
D. Decisions of the Architectural Review Commission shall be appealed to the council. Such
appeals shall be filed with the city clerk.
E. The appeal shall concern a specific action and shall state the grounds for appeal.
F. Action on appeals shall be considered at the same type of hearing and after the same
notice that is required for the original decision.
G. Once an appeal has been filed, it shall be scheduled for the earliest available meeting,
considering public notice requirements, unless the appellant agrees to a later date.
2.48.090 Architectural review procedures.
The commission shall adopt the procedures document that sets forth the procedures and criteria for
architectural review. The document shall be published and dated and shall be approved by the
council. A record copy of the current procedures document shall be maintained in the office of the
city clerk and in the community development department. Copies shall be available to the general
public.
SECTION 5. Summary. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage, in
the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 4`h day of June 2002, AND FINALLY ADOPTED by the Council
of the City of San Luis Obispo on the 16`i' day of July 2002, on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor
Settle
NOES: None
ABSENT: None
(Flo
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Lee Price, City Clerk
APPROVED AS TO FORM:
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