HomeMy WebLinkAbout06/04/2002, 4 - REVIEW OF PROPOSED AMENDMENTS TO CHAPTER 2.48 OF THE MUNICIPAL CODE AND BYLAWS OF THE ARCHITECTURAL COUnCl L Meeli06WDate
06-04-02
j acEnoa Rep= 4N �r
] CITY O F SAN LUIS 0 B I S P 0
FROM: John Mandeville,Community Development DirectfM
Prepared By: Philip Dunsmore,Associate Planner ``��//
SUBJECT: REVIEW OF PROPOSED AMENDMENTS TO CHAPTER 2.48 OF THE
MUNICIPAL CODE AND BYLAWS OF THE ARCHITECTURAL REVIEW
COMMISSION REGARDING FORMAT AND ELECTION OF OFFICERS.
CAO RECOMMENDATION
As recommended by the Architectural Review Commission:
1) Adopt an ordinance to amend chapter 2.48 of the Municipal Code as it pertains to the
Architectural Review Commission Bylaws, duties and functions and;
2) Adopt a resolution: approving a revised set of bylaws for the ARC.
DISCUSSION
Overview
This recommended action by the ARC simply reflects "legislative housekeeping" and does not
change the ARC process or their scope of responsibility. The only substantive change to policy
deals with the term limits of the chairperson. In summary, the action accomplishes the
following:
1. Creation of a separate set of ARC bylaws: currently the ARC bylaws are incorporated
into the Municipal Code Text. The new bylaws are simply extracted from the existing
Municipal Code and will not change the operations or scope of the ARC.
2. Amendment of Municipal Code Chapter 2.48: amendments to the Municipal Code are
necessary to remove the bylaws from the Municipal Code in order to eliminate
redundancy. Other changes to the Municipal Code include the deletion of a set of
definitions that are no longer relevant to this section, and the removal of sections that are
already incorporated into the Advisory Body Handbook. One new section, formerly
reviewed and adopted by Council, has been added titled: "Projects Subject to
Architectural Review", Section 2.48.050 replaces chapter 2.48.170. This section has
been updated per recent Ordinance No. 1412 adopted by City Council April 16, 2002.
The extent of the ARC's responsibility in making environmental findings or determinations is
not intended to be a part of this review or update; however this matter will be brought to the
Council with the update of the ARC Guidelines, tentatively scheduled to be before the Council
this fall.
4-1
Council Agenda Report t
ARC Bylaws 6-04-02
Page 2
Background
The City's Advisory Body Handbook stipulates that each of the City's advisory bodies review
their bylaws every two years. Changes to the bylaws are submitted to the City Council for
review and approval. In the most recent review it was noted that the ARC bylaws exist only
within the Municipal Code and are not contained within an adopted resolution, as are the bylaws
for the Planning Commission and the City's other advisory bodies. In order to create consistency
among the commissions and simplify the process of maintaining up-to-date bylaws, a set of ARC
bylaws should be created from the existing Municipal Code chapter that describes the ARC.
Descriptions of the ARC's process and structure can be found in three different documents, the
Municipal Code, the Advisory Body Handbook and the ARC Guidelines. Currently the
Municipal Code Chapter 2.48 contains both the ARC bylaws and outline of Architectural Review
policies. In creating a new set of bylaws, the Municipal Code section will remain but will be
focused primarily on general purpose and project review authority. All items pertaining to the
operational laws (bylaws) of the ARC are proposed to be removed and placed into a separate
resolution to be reviewed and adopted by the City Council. The new bylaws can then be more
easily reviewed and revised every two years as necessary.
On April 15, 2002, the ARC reviewed proposed changes to the Municipal Code Chapter 2.48 and
a proposed new set of ARC bylaws to be adopted by resolution. Draft hearing minutes from
April 15'' are included as Attachment 1. The ARC liked the proposed format and felt that the
creation of a resolution to adopt the bylaws would allow more efficient review in the future,
allowing amendments by resolution instead of ordinance and eliminating the need for second
readings for these procedural instructions. Following some discussion, the ARC recommended
staff proposed changes to the City Council for review and approval. The ARC,however, felt that
the number of terms that a chairperson or vice-chairperson can serve should not be limited, but
instead that the ARC should be able to vote on an annual basis to appoint a new chairperson or
re-appoint the same chairperson.
Analysis
Staff has reviewed the existing Municipal Code and extracted the components that relate to
bylaws into a draft form for the ARC. The existing Municipal Code Chapter 2.48 has also been
updated to reflect recent changes in procedures and to clarify the existing process. The proposed
changes to Chapter 2.48 are included as Attachment 2. In summary the changes proposed for the
Municipal Code include the following:
1. Removal of definitions, Chapter 2.48.010. As revised, the definitions section is no
longer relevant to this chapter of the Code.
2. Removal of items that are already described in the Advisory Body Handbook including
existing Chapters 2.48.030, 2.48.050 and 2.48.140.
3. Insertion of Chapter 2.48.170. A new section titled "Projects Subject to Architectural
4-2
Council Agenda Report
ARC Bylaws 6-04-02
Page 3
Review", Section 2.48.050 replaces chapter 2.48.170. This section has been updated
per recent Ordinance No. 1412 adopted by City Council on April 16, 2002.
4. Chapter 2.48.080 was added to describe the appeals process for all architectural review
actions.
5. Existing Chapters 2.48.070 through 2.48.130 have been removed for incorporation into
a new set of bylaws to be reviewed by the ARC and adopted by the City Council as a
resolution.
6. Chapter numbers were revised to create a sequential numbering following the deletion
and moving of several sections.
The ARC has recommended that the new bylaws be written to allow a chairperson or vice
chairperson to serve multiple terms at the discretion of the ARC. The ARC would like to vote,
as they do now, on an annual basis to elect or re-elect a vice chairperson and chairperson. The
Advisory Body Handbook discusses the terms of office for all commissions and states: "No
person shall serve in the office of chairperson or vice chairperson for more than two consecutive
terms except if noted elsewhere under speck boards and commissions." Although the
Handbook implies that chairpersons should serve only two terms it also allows commissions to
have different standards. The proposed ARC bylaws in the attached resolution do not include
term limits for chairpersons. The Council should consider this request of the ARC.
The proposed revisions to Chapter 2.48 of the Municipal Code are attached in a legislative draft
format found in Attachment 2 as well as incorporated into a draft ordinance for Council review
and approval included as Attachment 3. The new ARC bylaws are incorporated into a draft
resolution for review and approval and are included as Attachment 4.
ALTERNATIVES
1. The Council may incorporate changes to the proposed Resolution and Ordinance.
2. The Council may continue discussion if additional information is needed. Direction should
be given to staff.
Attachments:
1. ARC meeting minutes
2. Legislative draft copy of proposed changes to Chapter 2.48 of the Municipal Code
3. Draft Ordinance amending Chapter 2.48 of the Municipal Code.
4. Draft Resolution adopting bylaws for the Architectural Review Commission.
G:\GROUPS\COMDEV\CD-PLAN\Pdunsmore\Special Projects\ARC&PC By1aws\CC.SR.6-4-02.doc
4-3
PC f9mrto& MWLT95 ViP iS-w Attachment 1
ZDoZ, .
4. ARC By-Laws: Consider possible changes to the ARC By-Laws, including
modifications that will make the format consistent with other advisory
bodies.
Associate Planner Phil Dunsmore presented staff report asking the Commission to
review the proposed changes to the ARC By-laws and recommend appropriate
changes as necessary to the City Council.
Commr. Howard suggested changing section 2, Election of Officers; Commissioners
shall serve as Chairman or Vice-Chairman at the discretion of the Commission.
There was much discussion on the By-Laws.
Commr. Root moved that they adopt this draft as put forth with the exception of
the item conceming Item 2-a which should read " The Chairman or Vice=
Chairman may serve more than one consecutive term, at the discretion of the
Commission." Seconded by Commr. Howard.
AYES:Commrs. Root,Howard, Boudreau,and Chairperson Stevenson
NOES:None.
ABSENT: Commrs. Rawson, Schultz, and Vice-Chair Lopes.
ABSTAIN: None.
The motion carried 4-0.
4-4
Attachment 2
Legislative Draft
San Luis Obispo Municipal Code Chapter 2.48
ARCHITECTURAL REVIEW COMMISSION
Sections:
2.48.010 Vis-:Established.
2.48.020 Findings and policy.
2.48.030 hese. Terms.
2.48.040 Established: Duties.
2.48.050 Qom. Projects subject to Architectural Review.
2.48.060 Terms Noncompliance with provisions..
2.48.070 . Revocation,expiration and extension
of approval
2.48.080 Offieer-s- SeleeAppeals.
2.48.090 Architectural review procedures..
2.48.998 Off}eer-s Duties.
2:4 9-� 10- Meets.
2.4 8.120 QUOME-B.
regulations2.48.130 Rtiles, .
14 9-4 n 0- nctfeI}S.
1
2.48. ''��^03ifisdie iert.
2.48.010 De€raitiees. (to be deleted)
The fella..ing, we .,
-ds and hFases shall have the fne ,hd i1,.,,.,n dieetted .. en used tWs „ r,...-
b •
iD "Ge n" meass the ., eh':teewr.,l .
means a ember ef'the .,reh:teetur- l re e
G. ac n
means the eoune-il of-9—An Lois Obispo.
ii Dir-eetef,,
Hiliffiky development difee�er-, of:-someone designated by him to-aet
on�.
"1 is b
i. Drainage;
' Exterief lighting,
e
e e
walkways, vegetai
sidewalks, eufbs;ef r
existing
4. handseaping,
6. PaFk4ag and leading •> ,
under-this ehaptef-,
8 A41 eche«exter:er a nt.,l er fianefienal fr..t..re..
P. "Plans"
Eneans these items (afehiteetffal plans, elevatiefis, seetiens, ete.) as required by the,
efdinanee eedified in this ehapteF to be submitted for-r-eview by the eefBinissiefief.
G. "Sehema4ie" fneaBs these
sketches and
, b
h .de pre .
l: .�.in ry andfinal l. ,dr.,..,
Yi.�"�i�ui r... t `.,h:en oeeerb...
4-5
' Attachment 2
(Prior-eade § nc09.14
2.48.010 2.48.040 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.
2.48.020 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 standards, and
to review all proposals for future developments to assure conformance with the policy.
2.48.030 2-44AWTerms.
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 24SA SADuties.
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.
4-6
Attachment 2
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 Proiects subject to Architectural Review.
A. Architectural review shall be required for all structures and physical improvements excentt
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 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 24 4-9BNoncompliance 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 ?4S:-289Revocation, expiration and extension of approval.
4-7
Attachment 2
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.
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 24446OArchit.ectural 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.
2.48.030 . (This section is covered within the Advisory Body Handbook)
whieh the eity may implement this inter-dependenee to its befiefit, and to the betiefit of s
individual ekizens;
1. Stimulating efeative design fef:individual Naildings,
Feups of
b buildings >
other physiea4
'
4-8R
Attachment 2
���rr a
CTtarz
!. Pfeser-ving and enhaneing the Hatur-al beauties of the land and of the man made
and the eRjeymeat thereof-,
2. Maintaining ,
individual huildiagS7
..rr.....r:..e..e....
of the e:r...
-2.48.050 fl. alif.eatien (This section is covered within the Advisory Body Handbook)
and experience, to make pesitive _.
hese.e the. - (Pfier eerie § 9500.2(G)(2))
.2.48.070 F:n:,.. yae ^^a ^' of fnembe fs (To be incorporated into Bylaws)
-2:48.040 QffieersSelee (To be incorporated into Bylaws)
.a eae yeaf tefm beginning April I I � ' NA O-AFAMir'r'i9fier- shall serve in the effiee ef
eansec
2.48.099 Offieer-s Duties. (To be incorporated into Bylaws)
The e-h—eimm—an shall preside at all meetings ef thea, eem-mis.-Sien. The viee ehairmai; is ehaiFmen in
0500 2irw6))
X77
2.48400 Seer-etar-y Duties-. (To be incorporated .into Bylaws)
The seefetafy shall be a representative ef the eemmunity development depaftment, and shall
pr-eeeedifigs and the basis fef aJI findings shall be available te the eau"eil and to the publi-e,
2.44.110 Meeting
s. (To be incorporated into Bylaws)
The eaffffrAssien shall hold at least efte b
!h iaten,As as to promptly dispose of-all appheations for-r-eview. The eefffinissieff
sh—AII-eZE-ah-lish the tiffle for-sueh r-egulaf-fneetings and all the meetings shall be held at City Halh
4-J
Attachment 2
2.48.120Qtiafuffi. (To be incorporated into Bylaws)
Feor-faember-s of the eeffmiission eenstiPates a queF:m:fear the}raffsaetien of-btlsiaess Ne
D (To be incorporated into Bylaws)
�500�
2.48.140 Funetiens. (This section is covered within the Advisory Body Handbook)
;
;
2.48.170 3er-isdietien. (replaced with section 2.48.050, "Projects subject to Architectural
Review)
e3keept individual built _ble family Dsm ..
dwellings shall net apply if(1) afehiteeturig ad as a eendition of a subdivis
H.— A Ihm; ;hp, dirgrtAF Eletefffiines the site is sensitive as set fefth in the pfeeedur-es-
with adjaeent or- D b
i
.
C..Approval by the EemFnissien shafl be Fequifed-fer-all pfejeets,
individual built
b
city's
plain management pehey. Approval shall be b
eemplies with the unifefm steffn design efitefia for-watefways, all ether-appheable peheies
standards for-fleed plain e
D
any ef the four-FaajeF er-eeks or wateFways, as defined by said pekey, er-an),majef er-eel
4-10
Draft Ordinance Attachment 3
ORDINANCE NO. (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 , 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.
4-11.
City Council Ordinance I\_. ' (2002 series) Attachment 3
Page 2
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 2A8
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. Commissionersare 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
4-12
City Council Ordinance N_. (2002 series)
Attachment 3
Page 3
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
4-13
City Council Ordinance N (2002 series) Attachment 3
Page 4
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
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
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Attachment 3
City Council Ordinance N.- (2002 series)
Page 5
extension beyond two years from the date of original approval shall require submission of
a new application for architectural review commission approval.
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.
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_Q
City Council Ordinance 1\_-. (2002 series) Attachment 3
Page
INTRODUCED on the — day of , 2001, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the day of , 2001, on
the following roll call vote:
AYES:
NOES:
ABSENT:
Allen K. Settle,Mayor
ATTESTc
Lee Price, City Clerk
APPROVED AS TO FORM:
e G. or s , City Attorney
Ordinance:ARC Bylaws Municipal Code Chapter 2.48
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Attachment 4
Draft Resolution
RESOLUTION NO. (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING BYLAWS
FOR THE ARCHITECTURAL REVIEW COMMISSION
BE IT RESOLVED,by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain Exhibit "A", entitled "Architectural Review Commission
Bylaws," attached hereto and incorporated herein by this reference is approved and adopted.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this_day of , 2002.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
*ityomffr G. Jorgensen
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EXHIBIT A
Architectural Review Commission By-laws
1. Meetings
A. Regular meetings shall be held at 5:00 p.m. on the first and third Monday
of each month.
B. Agenda items shall be completed by 9:00 p.m. unless the consent of a
majority of commissioners agree to extend the meeting.
C. Regular meetings shall be held in the Council Hearing Room, City Hall,
990 Palm Street, San Luis Obispo, California.
D. In the event that the Architectural Review Commission desires to hold all
or any portion of a regular meeting at a place other than the City Hall, then
the place of such meeting shall be posted on at the doors of the Council
Hearing Room prior to the time designated for the meeting.
2. Election of Officers
A. The commission shall select a chairman and vice chairman from among its
members to serve for a one-year term beginning April 1 st of each year.
B. Commissioners shall serve as Chairman or Vice-Chairman at the
discretion of the Commission.
C. 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 chairman to act.
3. Conduct of Meetings
A. Commissioners should address questions through the chairperson.
B. Members of the audience should address commissioners or other persons
present through the chairperson.
C. Procedure for reviewing public hearing items:
After roll call the chairperson shall announce to the public the procedures
to be followed to consider the public hearing items and then proceed as
follows:
1. The Chairperson shall introduce the items and ask for oral staff
reports.
2. The staff report previously submitted to the Architectural Review
Commission shall be placed into the record with all
communications received regarding the proposal. Staff reports
shall be submitted for all public hearing items in a form
acceptable to the Commission.
3. The applicant shall be invited to make a presentation on behalf of
the request.
4. Members of the public wishing to speak in favor or in opposition
of the application shall be invited to make a presentation.
5. The public hearing shall be closed to the public and discussion
confined to members of the commission; provided that the
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i Y
EXHIBIT A
commission may reopen the public hearing at any time prior to a
decision on an item on an affirmative vote if the majority of
those members present.
6. The Commission, upon formal motion, shall take action on the
proposal. The Chairperson shall inform the applicant and public
of the right of appeal and procedures for filing such an appeal.
4. Quorum
A. Four members of the commission constitutes a quorum for the transaction
of business,but a lesser number may adjourn from time to time and
continue the consideration of pending business.
B. No approval or other action of the commission shall become effective
without receiving the affirmative vote of a majority of the members
present.
5. Voting
A. Except as otherwise provided in the San Luis Obispo Municipal Code and
state law, no motion or any other action shall be passed or become
effective without receiving the affirmative vote of at least a majority of
members present.
B. Failure to receive such an affirmative vote shall result in failure or denial,
as appropriate, of the motion or other action.
C. Except as allowed under the Political Reform Action of 1974, any member
abstaining due to a declared conflict of interest shall not participate in the
discussion of the items or otherwise influence or attempt to influence in
any manner the decision on the item.
D. All members, when present, must vote except when refraining from
participating due to a potential conflict of interest.
6. Public Records
A. Records of all public hearings shall be made available to the public in the
office of the Community Development Department.
B. Secretary—Duties: The secretary shall be a representative of the
community development department, and shall keep minutes of each
meeting and 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.
7. Attendance
A. Any member of the Architectural Review Commission who fails, for any
reason, to attend three(3) consecutive regular, adjourned regular, or
specially-scheduled (excluding Commission site visits) meetings, or a total
of six (6) such Commission meetings within any 12 month period, shall be
reviewed by the Chairperson for possible referral to the City Council.
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EXHIBIT A
8. Filling vacancies and removal of members.
A. Vacancies shall be filled for unexpired terms. The council, by majority
action, may remove any commissioner as provided in the City Charter.
9. Rules, regulations and procedures.
A. The commission may adopt rules, regulations and procedures as required
for the transaction of its business. These rules shall become effective upon
approval of the council.
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