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HomeMy WebLinkAbout0600ORDINANCE NO. 600 (1973 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING AN ARCHITECTURAL REVIEW CO:IHISSION AND DUTIES THEREOF. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Municipal Code of the City of San Luis Obispo is hereby amended by adding thereto Section 9500 and subsections thereof as follows: (See seven pages attached hereto.) T • SECTION 9500. TITLE. This Ordinance shall be known as the "Architectural Review Ordinance of the City of San Luis Obispo." SECTION 9500.01. DEFINITIONS. The following words and phrases shall have the meaning indicated when used in this Ordinance: (A) "Commission" shall mean the Architectural Review Commission. (B) "Commissioner" shall mean a member of the Architectural Review Commission. (C) "Council" shall mean the City Council of San Luis Obispo. (D) "Director" shall mean the Planning Director, his assistant, or other person authorized by him; pursuant to law, to act in his stead. (E) "Ph sical Improvement" shall mean: (I)- rainage (2) Exterior Lighting (3) Land Improvements: grading or filling of land; removal R natural ground cover, vegetation or trees, installation of fences retaining walls, walkways, sidewalks, curbs; filling and modification of existing waterways. (4) Landscaping (5) Painting (6) ar ins and Loading Areas: driveways, curb cuts or other street connections. (7)'Si ns: when submitted simultaneously with plans for any of the improvements to be reviewed hereunder. (8) All other exterior ornamental or functional features. (F) "Plans" shall mean those items (architectural plans, elevations, sections, etc.) as required by this ordinance to be submitted for review by the Commission. (G) "Schematic" shall mean those narratives.,.._sketches, and drawings tor a proposed structure or physical improvement, which precede preliminary and final working drawings. (H) "Structures" shall mean all buildings and structures which by code require•a building permit. SECTION 9500.02. GENERAL PROVISIONS. (A) FINDINGS AND POLICY. The City Council Finds and Declares: TZ That the City of San Luis Obispo is a City with unique characteristics, ideal climate conditions, spectacular natural vistas, and 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; (2) That all of these factors constitute an important economic base for the City, both nor those who earn their living here and for those who visit the City; (3) 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 taxable value of property in the City. (4) That to protect the economic welfare of the community, it is the policy of the City 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; (5) That said 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 said standards, and to review all proposals for future develop- ments to assure conformance with said policy. (B) PURPOSE. The purpose of this Ordinance is: (1) To recognize the interdependence of land values and aesthetics, and to provide a method by -which the City may imple- ment this interdependence to its benefit, and to the benefit of its individual citizens. (2) To preserve and enhance the beauty and environmental amenities of the City by: (a) Stimulating creative.design for individual buildings, groups of buildings and structures, and other physical improve- ments; (b) Encouraging the innovative use of materials, methods and techniques; (c) Preserving balance and harmony within neighborhoods; (d) Integrating the functions, appearance, and locations of buildings and improvements so as to best achieve a balance between private prerogatives and preferences and the public interest and welfare. (3) To promote and protect the safety, convenience, comfort, prosperity and general welfare of the citizens of the City by: (a) Preserving and enhancing the natural beauties of the land and of the man -made environment, and the enjoyment thereof; (b) Maintaining and improving the qualities of, and relation- ships between; individual buildings, structures, and physical developments in such manner as to best contribute to the amen- ities and attractiveness of the City% (c) Protecting and insuring the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area. (C) ESTABLISHMENT OF AN ARCHITECTURAL REVIEW COMMISSION: (1) Creation of Architectural Review Commission:. There is hereby established the San Luis Obispo Architectural Review Commission consisting of seven (7) members appointed by the Council. Commissioners shall serve without compensation. (2) Qualifications of-Commissioners: The Commissioners shall be persons who have demonstrated their sincere interest in the physical environment of San Luis Obispo, and are able, because of their background, training, expertise, and experience,.to make positive and fair aesthetic evaluations of the projects which will come before them. (3) Term of Office: Commissioners shall be appointed for terms of four years and shall serve at the pleasure of the Council. Initial appointments to be as follows: (a) The terms of three (3) Commissioners shall expire June 30, 1975. (b) The terms of four (4) Commissioners shall expire June 30, 1977. Commissioners may be reappointed at the pleasure of the Council. (4) Filling Vacancies and Removal of Members: Vacancies shall be filled for unexpired terms. The Council, by majority action, may remove any Commissioner as provided in the City Charter. (5) Selection of Officers: The Commission shall select a Chairman and Vice Chairman from among its members to serve for a one year term beginning July 1 of each year. (6) Duties of Officers: The Chairman shall preside at all meetings of the Commission. The Vice Chairman is Chairman in the absence of the Chairman or in case of inability of the C;.iairman to act. (7) Secretary:.. The secretary shall be a representative of the Planning and ing am Building Departmenv, and sha l i eep minutes of each. meet shall record the official action taken. The records of all proceedings and the basis for all findings. shall be available to the Council and to the public. (8) Meetings The Commission shall hold at least one regular meeting each month and shall schedule other meetings at such intervals as to promptly dispose of all applications for review. The Commission shall establish the time for such regular meetings and all the meetings shall be held at City Hall. (9) Quorum: Four members of the Commission constitutes a quorum for the transaction of business. No approval or other action of the Commission shall become effective without receiving the affirm- ative vote of a majority of the members present. (10) Rules: The Commission may adopt rules, regulations and procedures as required for the transaction of its business. These rules shall become effective upon approval by the Council. (D) FUNCTIONS, DUTIES AND PROCEDURES OF THE COMMISSION. (1) Functions of the Commission: The function of the Architectural Review Commission shall be to administer the - _rovisions of t?�is ordinance in a manner which will: (a) Develop and maintain a pleasant and harmonious environment. (b) Promote and enhance real property values. (c) Conserve the City's natural beauty. (d) Preserve and enhance its distinctive visual character. (e) Insure the orderly and harmonious development of the City with attention to site planning and exterior appearance of public and private structures., (2) Duties of the Co=ission: (a) The Commission shall establish appropriate standards and guidelines for the use of persons planning future develop- ments which are subject to Architectural Review Commission approval, said standards and guidelines to be set forth in pictorial and /or narrative form and may illustrate undesirable as well as desirable examoles of design. A document containing the standards and guidelines shall be available fo-r public reference in the Planning and Building Department. The Com- mission shall ?periodically review these standards and guide - lines and av :'tale aN ?ro^= iat:e amenditlents. (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, or extension to or exterior change of or to existing buildings, structures and physical improvements located in districts as set forth in Section .02.E before a building permit or other permit authorizing construction, alteration, relocation, addition., or extension under the ordinances of the City may be issued unless said Commission or the Planning Director of the City shall certify that the nature of the work is minor or incidental and need not be reviewed by the Commission. When, in the opinion of the Planning Director, an application for a use permit, variance, or rezoning may create an architectural impact contrary to the objectives of this ordinance, he may require a commission review prior to the Planning Commission hearing. (3) Procedure for Architectural Commission Review: The Commission shall adopt a procedures document which sets forth the procedures and criteria for Architectural Review. Said document shall be published and dated and shall be approved by the City Council. A record copy of thQ-current procedures docu- ment shall be maintained in the office of the City Clerk and in the Planning and Building Department.- Copies shall be available to the general public. (E) DISTRICTS OF JURISDICTION: Approval by the Commission shall be required for all structures and physical improvements except individually built single gamily dwellings. The exception to the individual single family dwellings shall not apply if (1) architectural review is required as a condition of a subdivision, or (2) when a developer proposes to construct three or more units, or (3)'when the Director determines the site is sensitive as set forth in the procedures document. The Con-m.ission stall also review all City financed projects including but not limited to municipal buildings, park and open spaces, and street furniture. (F) APPEALS: The applicant may file an appeal to the City Council on any ruling of the Architectural Review Commission within ten (10) days of the Commission's action. Appeals shall set forth in detail alley ed incO Isis to nc1 - s c non- conzormity with proceQl_1 -es or criteria set forth in or pursuant to this code. A public hearing shall be held upon the appeal at the next regular Council meeting held at least three (3). days after publication of notice of the hearing, and the Council shall make its findings and con- clusions no later than forty -five (45) days after the filing of said appeal. SECTION 9500.04. MISCELLANEOUS PROVISIONS. (A) NON-COMPLIANCE: (1) In addition to any other fines, penalties or enforcement provisions set forth in this ordinance, failure to comply in any respect with an approved .architectural review application shall constitute grounds for the immediate stoppage of the work involved in said noncompliance until the matter is resolved. (2) 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. (B) REVOCATION, EXPIRATION AND EXTENSION'OF APPROVAL. (1) In any case wherein demolition or removal of any existing structure is a part of architectural review approval, said 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. (2) Architectural review approvals shall automatically expire in one year unless a different expiration date or unlimited ex- piration is stipulated at the time of approval. Prior to the expiration of an architectural review approval, the applicant may apply to the Director for an extension of one year from the original date of expiration. The Director shall grant the ex- tension, and may Make minor modifications of the approved design at the time of extension, if he finds that there has been no substantial change in the factual circumstances surrounding the originally approved design. Any further extensions beyond one year shall require Architectural Review Commission approval. SECTION .2. This ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a news- paper published and circulated in said City, and the provisions of this ordinance shall take effect at the expiration of thirty days after the final passage of the ordinance except that the ,provisions requiring the submittal of applications and the provisions requiring review and approval of applications by the Commission shall not be implemented until May 1, 1974. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at an adjourned meeting thereof held on the 12th day of November, 1973, on motion of Councilman Gurnee, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Mayor Schwartz NOES: Councilman Norris ABSENT: None ATTEST: C L FINALLY PASSED this 3rd day of DF.CF.MBFR , 19 73 , by the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, and Mayor Schwartz AGES: Councilman Norris ABSaIT: None ATTEST: