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HomeMy WebLinkAbout04-27-1999 Joint Meeting - Council - Planning Commission - Architectural Review Commissioncouncil ac cn bA CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET 7:00 P.M. CALL TO ORDER: Tuesday, April 27, 1999 JOINT STUDY SESSION Mayor Allen K. Settle PLEDGE OF ALLEGIANCE City/County Library Community Room 995 Palm Street ROLL CALL: Council Members John Ewan, Jan Howell Marx, Ken Schwartz, Vice Mayor Dave Romero, Mayor Allen K. Settle Planning Commissioners Allan Cooper, David Jeffrey, Alice Loh, Stephen Peterson, Paul Ready, Mary Whittlesey, Chairperson Charles Senn Architectural Review Commissioners Zeljka Howard, Jim Lopes, Jennifer Metz, Lance Parker, Mark Rawson, Charles Stevenson, Chairperson James Aiken PUBLIC COMMENT PERIOD (not to exceed 15 minutes total) The Council welcomes your input. (FOR ITEMS NOT ON THE AGENDA) You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda or items on the Consent Agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code Sec. 54954.2). Staff may be asked to follow up on such items. Staff reports and other written documentation relating to each item referred to on this agenda are on file in the City Clerk's Office in Room 1 of City Hall. ® Regular Cit Council meetings are broadcast on KCPR 91.3 FM. The Cit of 9 Y 9 y San Luis Obispo is committed to include the disabled in all of its services, programs, and activities. Telecommunications Device for the Deaf (805) 781-7410. Please speak to the City Clerk prior to the meeting if you require a hearing amplification device. For more agenda information, call 781-7103. Council Agenda JOINT STUDY SESSION - 3 HOURS • Self Introductions: Tuesday, April 27, 1999 Council and Commission members provide a short commentary on their background, interest in community service, and other governmental experience (if any). • Group Interaction.- 1. nteraction: 1. Clarification of the responsibilities and authority of each body; environmental determinations; project routing. 2. Clarification of the responsibilities of individual City Council, Planning Commission, and Architectural Review Commission members in the community development process; Council Liaisons. 3. Clarification of the relationship of staff to each of the regulatory bodies. 4. How are new ideas (Commission initiated studies, policy recommendations, etc.) introduced into the process? • Process: 5. How and to what degree are social, economic and environmental considerations take into account in project review? 6. Compliance with the General Plan and Zoning Ordinance; exceptions and variances; 7. The use of judgment in decision making; when to say no. 8. ARC meetings: should they start at 7:00 p.m.; should meeting minutes be prepared by a secretary? • Enhancement: 9. Expectations of and opportunities for commissioner attendance at educational conferences. 10. What do the Commissions need from Council? 2 Council Agenda Wrap Up and Follow Up A. ADJOURN. ATTACHMENTS Tuesday, April 27, 1999 a. Municipal Code 2.48 - Architectural Review Commission. b. Municipal Code 2.12 - Planning Commission. c. CEQA flow chart. d. Advisory Body Handbook, Excerpts A. ADJOURN. 3 Chapter 2.48 ARCHITECTURAL REVIEW COMMISSION Sections: 2.48.010 Definitions. 2.48.020 Findings and policy. 2.48.030 Purpose. 2.48.040 Established. 2.48.050 Qualifications. 2.48.060 Terms. 2.48.070 Filling vacancies and removal of members. 2.48.080 Officers - Selection. 2.48.090 Officers - Duties. 2.48.100 Secretary - Duties. 2.48.110 Meetings. 2.48.120 Quorum. 2.48.130 Rules, regulations and procedures. 2.48.140 Functions. 2.48.150 Duties. 2.48.160 Architectural review procedures. 2.48.170 Jurisdiction. 2.48.190 Noncompliance with provisions. 2.48.200 Revocation, expiration and extension of approval. 2.48.010 Definitions. The following words and phrases shall have the meaning indicated when used in this chapter: A. "Commission" means the architectural review commission. B. "Commissioner" means a member of the architectural review commission. C. "Council" means the council of San Luis Obispo. D. "Director" means the community development director, or someone designated by him to act on his behalf. E. "Physical improvement" means: 1. Drainage; 2. Exterior lighting; 3. Land improvements: grading or filling of land; removal of 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. Parking and loading areas: driveways, curb cuts or other street connections; 7. Signs: When submitted simultaneously with plans for any of the improvements to be reviewed under this chapter; 8. All other exterior ornamental or functional features. F. "Plans" means those items (architectural plans, elevations, sections, etc.) as required by the ordinance codified in this chapter to be submitted for review by the commissioner. G. "Schematic" means those narratives, sketches and drawings for a proposed structure or physical improvement, which precede preliminary and final work drawings. H. "Structures" means all buildings and structures which by code require a building permit. (Prior code § 9500.1) 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 ©1998 Code Publishing, Inc. community by requiring all tucure development to respect these tradition, 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 Iocal 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. (Prior code § 9500.2(A)) 2.48.030 Purpose. The purpose of this chapter is: A. To recognize the interdependence of land values and aesthetics, and to provide a method by which the city may implement this interdependence to its benefit, and to the benefit of its individual citizens; B. To preserve and enhance the beauty and environmental amenities of the city by: 1. Stimulating creative design for individual buildings, groups of buildings and structures, and other physical improvements; 2. Encouraging the innovative use of materials, methods and techniques; 3. Preserving balance and harmony within neighborhoods; 4. 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; C. To promote and protect the safety, convenience, comfort, prosperity and general welfare of the citizens of the city by: 1. Preserving and enhancing the natural beauties of the land and of the man-made environment, and the enjoyment thereof, 2. Maintaining and improving the qualities of, and relationships between, individual buildings, structures, and physical developments in such manner as to best contribute to the amenities and attractiveness of the city; 3. Protecting and insuring the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area. (Prior code § 9500.2(B)) 2.48.040 Established. There is hereby established the San Luis Obispo Architectural Review Commission consisting of seven members appointed by the council. Commissioners shall serve without compensation. (Prior code § 9500.2(C)(1)) 2.48.050 Qualifications. 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. (Prior code § 9500.2(C)(2)) 2.48.060 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 small 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. (Ord. 1 I38 § I (part), 1989: prior code § 9500.2(C)(3)) 2.48.070 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. (Prior code § 9500.2(C)(4)) 2.48.080 Officers - Selection. The commission shall select a chairman and vice chairman from among its members to serve for a one-year term beginning April Ist of each year. No commissioner shall serve in the office of chairman or vice chairman for more than two consecutive terms. (Ord. 1138 § 1 (part), 1989: prior code § 9500.2(C)(5)) 2.48.090 Officers - Duties. 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. (Prior code § 9500.2(C)(6)) 01998 Code Publishing, Inc. Pa€ 2 2.48.100 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. (Prior code § 9500.2(C)(7)) 2.48.110 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. (Prior code § 9500.2(C)(8)) 2.48.120 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 affirmative vote of a majority of the members present. (Prior code § 9500.2(C)(9)) 2.48.130 Rules, regulations and procedures. 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. (Prior code § 9500.2(C)(10)) 2.48.140 Functions. The function of the architectural review commission shall be to administer the provisions of this chapter 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. Instii,e the orderly and harmonious development of the city with attention to site planning and exterior appearance of public and private structures. (Prior code § 9500.2(D)(1)) 2.48.150 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 2.48.170. Such 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. (Ord. 1219 § 2, 1992: prior code § 9500.2(D)(2)) 2.48.160 Architectural review procedures. The commission shall adopt the procedures document which 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. (Prior code § 9500.2(D)(3)) 2.48.170 Jurisdiction. A. Approval by the commission 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 if (1) 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 01998 Code Publishing, Inc. Page 3 i commission, architectural review commission or council; and (4) where the scale or character of the proposed dwelling contrasts significantly with adjacent or neighboring structures. B. The commission shall also review all city financed projects, including, but not limited to, municipal buildings, park and open spaces and street furniture. C. Approval by the commission 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 the commission finds 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 commission action. (Ord. 1010 § 1, 1984: prior code § 9500.2(E)) 2.48.190 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. (Prior code § 9500.3(A)) 2.48.200 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. (Prior code § 9500.3(B)) 01998 Code Publishing, Inc. Pao Chapter 2.12 PLANNING COMMISSION Sections: 2.12.010 Created. 2.12.020 Membership. 2.12.030 Term of office. 2.12.040 Functions, powers and duties. 2.12.010 Created. There is established the planning commission of the city. (Prior code § 24 10) 2.12.020 Membership. The planning commission shall consist of seven members. (Ord. 917 § 1, 1982: prior code § 2410.1) 2.12.030 Term of office. A. Commissioners shall be appointed for terms of four years which shall commence immediately upon appointment by the council. 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 a partial term, provided the partial term is Iess than two years. Commissioners who have served for four or more consecutive years at the time the ordinance codified in this section becomes effective shall be eligible for reappointment to not more than one additional term. B. Vacancies shall be filled for unexpired terms. C. All of the procedures and requirements contained in the council adopted "Handbook for Advisory Bodies" shall be incorporated in this section by reference. (Ord. 1139 § 1, 1989: prior code § 2410.2) 2.12.040 Functions, powers and duties. The planning commission's basic responsibility is to make recommendations to the city council for the city's development. To carry out this responsibility the commission will: A. Prepare and recommend a general plan and appropriate attachments; B. Prepare and recommend appropriate specific plans; C. Review the city's capital improvement program annually; D. Perform authorized duties related to development review; E. Perform such other duties required by the council or by state or city laws. (Prior code § 2410.3) ©1998 Code Publishing, Inc. `� ADVISORY BODY CEQA RESPONSIBILITIES ■ CEQA Determina- tion Exempt Initial Study ARC Adopts Neg. Dec. and Approves Proj. Council Appeal of Envir. Determination and Project Wednesday, April 07, 1999 Planning Application Received r Process Determined ARC & PC Architectural and Land Use Decision CEQA Determina- tion Exempt ARC Reviews Initial Study and Approves Project ■ Council Appeal of Envir. Determination and Project Initial Study T f dopts Neg.nd Approves Proj. ■ Council Appeal of Envir. Determination and Project PC Land Use Decision CEQA Determina- tion Initial Pt 1 Study PC Adopts Neg. Dec. and Approves Proj. ■ Council Appeal of Envir. Determination and Project T M iv. PCRMAnent committees -ARCHITECTURAL REVIEW COMMISSION ul PURPOSE The City of San Luis Obispo has a number of unique characteristics, including ideal climate, spectacular natural vistas and an outstanding man-made environment that has evolved from historic traditions of the community. The Architectural Review Commission has a vital role in the preservation and enhancement of the beauty and visual character of the City. STATUS The Commission, usually referred to as the ARC, was established by city ordinance in November, 1973. It is staffed by planners in the Community Development Department who do initial evaluation of development plans, confer with designers, prepare meeting agendas and assist the Commission in its duties. The Commission is responsible directly to the Council , which hears all appeals of ARC decisions. (Ref SLO M.C. Chapter 2.48, Ord. No. 600, 1973 Series; Guidelines amended 4/5/83, Res. 5086; Ord. 1138, 1989 Series.) Commissioners are compensated at $25.00 per meeting with a monthly maximum of $100.00. (Ref. Res. 6805, 1990 Series.) MEMBERS The ARC has seven citizen members appointed by the Council. The only special qualifications for membership are a proven interest in the city's physical environment and the ability to make positive and fair aesthetic evaluations. MEETINGS - Semi-monthly: Refer to chart on page 30. FUNCTIONS The primary function of the ARC is to develop and maintain a pleasant and harmonious environment, maintain property values, conserve the city's natural beauty, encourage public art, preserve and enhance its distinct visual character and ensure the orderly and harmonious development of the city with attention to site planning and exterior appearance of public and private structures. In addition, the Commission is responsible for establishing (with Council approval) guidelines for determining what is "good design." These guidelines are published in the form of a booklet with pictorial illustrations to help applicants understand the Commission's goal of maintaining a high level of architectural excellence in the city. The Commission spends the majority of its time reviewing development plans, visiting project sites, and working with designers to ensure that projects follow the established city guidelines. Good design, obviously, is a subjective matter, and, for this reason, the guidelines emphasize flexibility to encourage creative designs and the innovative use of materials, methods and techniques. I PLANNING COMMISSION PURPOSE The Planning Commission must regularly make decisions regarding land use policies and specific development applications. Some are recommendations to the Council and some are final, subject to appeal to the Council. The Commission also reviews and recommends long-range plans for the City's growth and development. STATUS The Commission was established in the 1940s. It is staffed by planners in the Community Development Department who prepare meeting agendas, meet with developers, and handle other functions for the Commission. The Commission is responsible to the Council. (Ref: SLO M.C. Chapter 2.12, Ordinance No. 254N. 1944 [1944 Series], Ordinance 1139 [1989 series]. Commissioners are compensated at $25.00 per meeting with a monthly maximum of $100.00, Resolution 6805 [1990 series].) MEMBERS The Planning Commission has seven members who are not necessarily planning professionals. No special training is required for appointment. Members occasionally may be requested to attend seminars and workshops to improve skills in planning. MEETINGS - Semi-monthly; refer to chart on page 30. FUNCTIONS The Planning Commission makes recommendations to the Council in five areas: 1. General Plan - The Commission reviews proposals on long-range planning policies. These may be in the form of new sections for the General Plan or amendments to the existing plan, and are brought to the Commission by city planning staff, consultants, and private applicants. 2. Zoning - The Commission reviews proposals for changes in the zoning of land, or in the zoning regulations, and makes recommendations to the Council. In some matters, such as use permits, the Commission's decision is final, unless appealed to the Council. 3. Subdivisions - The Commission makes recommendations to the Council on the subdivision of land. 4. Capital Improvement Program - The City's long-range financial plan for major municipal construction projects, equipment purchases and planning studies is reviewed for General Plan conformance by the Commission, and its recommendations are forwarded to the Council. 4 � a 5 04/27/99 14:59 $805 541 0769 FARMER READY 0002/003 MEETIN AGENDA MEM0RANDUMDATE M7 f ITEM# To: City Council From: Paul Ready San Luis Obispo Planning Commission Date: April 27, 1999 MCAD - L-TGDD DIR WCAO ❑ FIN DSR e!' TTORNEr © FIRE CHIEF 0 PW DIR CLERK/DR G ❑ MG T TERM 0 POLICE C,iF ❑ AEC DIR �y ❑ UTIL DIR O PERS DIR Re: Joint Meeting of City Council, Architectural"Aeview Commission and Planning Commission Gentlepeople: on behalf of the Planning Commission, and pursuant to the comments of the commission members as recorded at the regular April 14, 1999 hearing, the following items were identified as issues which would be appropriate to address and/or include at the upcoming joint meeting: (1) The Planning Commission's role in planning. Pro -active versus agenda driven. (2) Existing commercial zoning, and the need to consider whether that zoning matrix suits the public's needs. (3) The definition of the different roles and responsibilities of the Planning Commission and the ARC. (4) The present status of the Neighborhood Wellness Program, and the possibility of increasing the effectiveness of that program. (5) Whether the Planning Commission, and the ARC should have increased dialog with staff, possibly between the commission chairs and staff at separate meetings. (6) Whether mediation should be made available to applicants and/or appellants in order to assist in reaching resolution of planning disputes (especially in the neighbor v. neighbor arena). By way of further explanation, the foregoing items were based upon the comments of the individual commissioners, and are listed herein for purposes of providing the Council with issues which might be properly considered at the joint meeting. OlS 6661 L � `ddb a3/113�3d I 04/27/99 15:00 $805 541 0769 FARMER READY Q003/003 By way of caveat, I obtained these issues from the non - reviewed draft transcript of the April 14, 1999 hearing. To the extent that the wording or order of the foregoing issues suggests any issue in a form or fashion contrary to the concerns as raised by any individual commissioner it is an unintentional result. PFR/cc Chairman 2 Submit Al council Agcnc)A vepoln CITY OF SAN LUIS OBISPO ...... .... Darr. LIL _G} Item f umber 1 6. FROM: Arnold B. Jonas, Community Development Director C�O SUBJECT: COUNCIL CONSIDERATION OF DRAFT AGENDA TOPICS FOR THE APRIL 27,1999 JOINT CITY COUNCIL/PLANNING COMMISSION/ARCHITECTURAL REVIEW COMMISSION MEETING CAO RECOMMENDATION Consider the suggested agenda topic areas outlined below, and direct staff to construct an agenda based on those items, or others as the Council may desire. DISCUSSION Council has expressed a desire to meet jointly with the Planning Commission (PC) and Architectural Review Commission (ARC) to discuss areas of mutual interest and interaction; to more clearly express Council expectations of both of the Commissions and their respective operations; and, to provide an opportunity for Commission feedback and suggestion to the Council. To further clarify and focus the potential discussion areas, Mayor Settle and Councilman Schwartz have provided suggestions, and staff solicited comments from the members of the PC and ARC. All of those ideas are listed below, grouped into several general areas of similar interest. Staff suggests that the Council review the list, add or delete items as you feel appropriate, and direct staff to prepare an agenda incorporating the major topic headings. SUGGESTED TOPICS • Self Introductions: Council and Commission members provide a short commentary on their background, interest in community service, and other governmental experience (if any). • Group Interaction: 1. Clarification of the responsibilities and authority of each body. 2. Clarification of the responsibilities of individual CC, PC, and ARC members in the community development process. 3. Clarification of the relationship of staff to each of the regulatory bodies. 4. Study sessions with other advisory bodies; e.g.: Parks and Recreation Commission; Cultural Heritage Committee; Tree Committee; etc. 51NI Council Agenda Report — Joint Meeting Agenda Page 2 • Process: 5. How are new ideas (Commission initiated studies, policy recommendations, etc.) introduced into the process? 6. How and to what degree are economic considerations take into account in project review? 7. Compliance with the General Plan and Zoning Ordinance; exceptions and variances. 8. Judgment. 9. Legal ramifications. 10. Gifts. 11. Lobbying by development and/or anti -development interests. . Enhancement: 12. Expectations of and opportunities for commissioner attendance at educational conferences. ATTACHMENTS 1. Planning Commission implementing ordinance. 2. Architectural Review Commission implementing ordinance. 6-2 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ATTACHMENT ! Y, ORDINANCE; NO. 254' (N&& Series) AN ORDINANCE ESTABLISHING- AND CRE_A_TING A PLANNING CODWISSION FOR THE -CITY OF SAN LUIS OBISPO BE IT ORDAINED by the Council of the City of San Luis Obispo as follows.: SECTION 1.. A City Planning Commission in and for the City of San Luis Obispo, is hereby established and created under and by authority of Chapter 838, Statutes of 1929, State of California, as amended. SECTION 2, The Citg.• fanning Commis.kion shall consist of nine Xembprs;.six members "..be appointed by the Mayor, with the approval of said Council, one member to be the City Engineer or his desi'gn'ated deputy,, one member•to be :the City' Attorney, and one member to be selected from the\ -City Council. The three members last referred to shall be ex -officio members. SECTION 3. The City Planning•Commission shall be appointed and said'Commissk.on and all the members thereof shall have the powers and duties provided for by Chapter 838, Statutes of 1929, and amendments thereto or other statutes of the State of California. SECTION L,,. • This ordinance, together with .the ayes and noes shall be published for two days before its final passage in the Telegram -Tribune, a daily newspaper printed, published and circulated in said city, and the same xhall take effect and be in force thirty days after its final passage. INTRODUCED AND PASSED TO PRINT, this 21st day of February, 1944, by the following vote: AYES: R•P,Hpwell, Ralph C..'Kennedy, F. C. -Kimball NOES: Xoseph Leary ABSENT: 6-3 Finally passed this 3rd day of April, 1944 upon the following roll call vote: _:YES: R.P.Howell, Ralph C. Kennedy, F .C.Kiniball, Clyde T. O'I7an NO -'I'S: J'oeeph Leary Absent: None Mayor ity Cl er )TTACHMENT 2 ORDINANCE NO. 600 (1973 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING AN ARCHITECTURAL REVIEW COMMISSION 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.) 6-5 I 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) "Physical Improvement" shall mean: ( Draina^e (2) Exterior Lighting (3) Land Improvements: grading or filling of land; removal of natural ground cover, vegetation or trees, installation of fences, retaining walls, walkways, sidewalks, curbs; filling and modification of existing waterways. (4) Landscaping (5) Paintin (6) ^ar_ing and Loa.dinZ Areas: driveways, curb cuts or other street connections. (7)'Signs: 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 for 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: 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, 'bot -.h gar Mose who earn their living here and for those who visit the City; 6-6 -1-. (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 E[,­ac�.__S f'_.0 ss J LPA 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) ualifications of Cozmissioners : 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 coxae before them. (3) Term of Office: Commissioners shall serve at the to be as follows: shall be appointed for terms of four years and pleasure of the Council. Initial appointments (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 Chairman to act. (7) Secret, a: The secretary shall be a representative of the Planning and Building minutes of each meeting apc M1 1 shall record the official action taken. The records of all proceedings and the basis for all firkdings 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 transaction of business. Commission shall become ative vote of a majority (10) Rules: Commission constitutes a quorum for the No approval or other action of the effective without receiving the affirm - of the members present. 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 provisions of this 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 Commission: (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 examples of design. A document containing the standards and guidelines shall be available for public reference in the Planning and Building Department. The Com- mission shall_ neriodically review these standards and guide- lines and ._.,v ._.ake an__ncments. (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 Corrrnission shall be required for all structures and physical improvements except individually built single family 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 Commission shall 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 11cel_a-L1 l i d .._'L.co.isLs O]_ Cj [_ t:n�_C_r_t � vO i": = O Xr 11 � �.J_tI7 ^oO ci i7 i L _i._ 5 or criteria set forth in or pursuant to this code. A public 640 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: 6-12. FINJALLY PASSED this .3rd day of _ DE'f.HRFJ _ _ _, 19 73 , by the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, and Mayor Schwartz NOES: Councilman Norris ABSE"UT: None ATTEST: 6-13 ORDINANCE NO. 1139(1989 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 2.12 OF THE MUNICIPAL CODE, PLANNING COMMISSION, TO ACHIEVE CONSISTENCY WITH THE ADVISORY BODY HANDBOOK WHEREAS, in October 1988 the City Council amended the Advisory Body Handbook and requested that all city commissions and committees submit amendments to pertinent ordinances or bylaws needed to achieve consistency with the new handbook; and WHEREAS, on February 8, 1989, the Planning Commission reviewed proposed amendments to MC Chapter 2.12, and forwarded recommendations to the City Council. NOW THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Amendments to Chapter 2.12, Section 2.12.030 (Terms of Office), as shown on attached Exhibit "A" incorporated herein by reference, are hereby approved. INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the 2.1.stday of �.h 1989, on motion of Vice -Mayor Pinard, seconded by Councilmember Rappa,"and onthe following roll, call vote: AYES: Councilmembers Pinard and Rappa, and Mayor Dunin NOES: None ABSENT: Councilmembers Reiss and Settle Mayor RON DUNIN TEST: 1 ity Clerk ITY CLERK 6-14 1139 Ordinance No. 11311989 Series) Page 2 APPROVED: City dministrative Officer City Attor Community Development Director 6-15 EXHIBIT A -- Ordinance # 1139 (1989 Series) 2.48.060 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 year. 2.48.080 Officers -- Selection. The commission shall select a chairman and vice chairman from among its members to serve for a one-year term beginning April 1st of each year. No commissioner shall serve in the office of chairman or vice chairman for more than two consecutive terms. 6-1.6 ORDINANCE NO. 1 1 3 9 (19 89 Series) FINALLY PASSED this —4thday of Apr i l 19 89 on motion of , seconded by Councilmember Reiss vote: , and on the following roll call AYES= Councilmembers Rappa, Reiss, Pinard, Settle and Mayor Dunir NOES: None ABSENT: None ATTEST: pa-" oa'� City' lerk Pam ges ME.. � �t1 ynr' EZot1 Dunin 6-17 REED MEETIN AGENDA ��.PCIZMAnent�E _�_ APR - 6 1999 1 �, SLS CiCLERK ARCHITECTURAL REVIEWCOMMSSION PURPOSE The City of San Luis Obispo has a number of unique characteristics, including ideal climate, spectacular natural vistas and an outstanding man-made environment that has evolved from historic traditions of the community. The Architectural Review Commission has a vital role in the preservation and enhancement of the beauty and visual character of the City. STATUS The Commission, usually referred to as the ARC, was established by city ordinance in November, 1973. It is staffed by planners in the Community Development Department who do initial evaluation of development plans, confer with designers, prepare meeting agendas and assist the Commission in its duties. The Commission is responsible directly to the Council , which hears all appeals of ARC decisions. (Ref SLO M.C. Chapter 2.48, Ord. No. 600, 1973 Series; Guidelines amended 4/5/83, Res. 5086; Ord. 1138, 1989 Series.) Commissioners are compensated at $25.00 per meeting with a monthly maximum of $100.00. (Ref: Res. 6805, 1990 Series.) MEMBERS The ARC has seven citizen members appointed by the Council. The only special qualifications for membership are a proven interest in the city's physical environment and the ability to make positive and fair aesthetic evaluations. MEETINGS - Semi-monthly: Refer to chart on page 30. FUNCTIONS The primary function of the ARC is to develop and maintain a pleasant and harmonious environment, maintain property values, conserve the city's natural beauty, encourage public art, preserve and enhance its distinct visual character and ensure the orderly and harmonious development of the city with attention to site planning and exterior appearance of public and private structures. In addition, the Commission is responsible for establishing (with Council approval) guidelines for determining what is "good design." These guidelines are published in the form of a booklet with pictorial illustrations to help applicants understand the Commission's goal of maintaining a high level of architectural excellence in the city. The Commission spends the majority of its time reviewing development plans, visiting project sites, and working with designers to ensure that projects follow the established city guidelines. Good design, obviously, is a subjective matter, and, for this reason, the g encourage creative designs and the innovative use of materials, me todl afid,(6Gh$iques. r ❑ rlrl Dm IC t ❑ i., _.J i s L,`1J ❑ REC Din ❑ ❑ UTIL DIR I ❑ , _ 0 FERS DIR I Because of the emphasis on flexibility and excellence, the Commission generally prefers not to give a proposal a strict "yes" or "no." Instead, the Commissioners often engage in a "give and take" discussion with designers to help create a project that is not only designed technically, but which enhances and is compatible with the character of the immediate neighborhood and the city at large. It is important to understand that the Commission does not seek to dictate any particular style of architecture, but instead seeks a harmonious variety of compatible building styles. SCOPE OF AUTHORITY Most building projects in the City, including exterior remodeling, require ARC approval before a building permit can be issued. The only three types that do not have these requirements are: 1. Individually built houses, with a few exceptions, as determined by the Community Development Director; 2. Minor proposals and minor construction which are incidental to a larger project; and 3. Signs that meet the minimum standards of the sign ordinance (and are not part of a larger project that does require ARC approval). In reviewing a specific project, the ARC prefers to review the complete architectural posture — that is, all factors involving the project's exterior appearance and site design. While the ARC is primarily concerned with the surface appearance of a structure, it may also review related factors, such as site layout and parking. The ARC is not concerned with interior function and design, except where it may impact the exterior appearance. Occasionally, some of the factors considered by the ARC, such as site layout and parking, may overlap with the jurisdiction of the Planning Commission. This overlap is to be expected and does not necessarily mean that the two committees are duplicating work. The ARC is not concerned with appropriate use of property, and the planning Commission primarily concerns itself with general site design only in connection with land -use decisions, leaving the details to the ARC. However, when a specific site layout is approved by the Planning Commission, the ARC is expected to work with the general layout established by the planning Commission action. ARC approval by itself does not entitle a developer to building anything. It does not take the place of a building permit or other special approvals that might be required for a new project. Complete architectural review guidelines and more information about the ARC are contained in Architectural Review in San Luis Obispo, a booklet available at the Community Development Department. 12 ' ._..,_...u•�..�;•w:i�+r`'hi%�'E'tii#L✓:i��".r+. 'rj���� �•�4.ia • �... �tiF.•��:38�?�:• PLANNING COMMISSION PURPOSE The Planning Commission must regularly make decisions regarding land use policies and specific development applications. Some are recommendations to the Council and some are final, subject to appeal to the Council. The Commission also reviews and recommends long-range plans for the City's growth and development. STATUS The Commission was established in the 1940s. It is staffed by planners in the Community Development Department who prepare meeting agendas, meet with developers, and handle other functions for the Commission. The Commission is responsible to the Council. (Ref: SLO M.C. Chapter 2.12, Ordinance No. 254N. 1944 [1944 Series], Ordinance 1139 [1989 series]. Commissioners are compensated at $25.00 per meeting with a monthly maximum of $100.00, Resolution 6805 [1990 series].) MEMBERS The Planning Commission has seven members who are not necessarily planning professionals. No special training is required for appointment. Members occasionally may be requested to attend seminars and workshops to improve skills in planning. MEETINGS - Semi-monthly; refer to chart on page 30. FUNCTIONS The Planning Commission makes recommendations to the Council in five areas: 1. General Plan - The Commission reviews proposals on long-range planning policies. These may be in the form of new sections for the General Plan or amendments to the existing plan, and are brought to the Commission by city planning staff, consultants, and private applicants. 2. Zoning - The Commission reviews proposals for changes in the zoning of land, or in the zoning regulations, and makes recommendations to the Council. In some matters, such as use permits, the Commission's decision is final, unless appealed to the Council. 3. Subdivisions - The Commission makes recommendations to the Council on the subdivision of land. 4. Capital Im rovement Program - The City's long-range financial plan for major municipal construction projects, equipment purchases and planning studies is reviewed for General Plan conformance by the Commission, and its recommendations are forwarded to the Council. i 19 1 5. Cily Services and Resources - The Commission reviews the adequacy of city services and resources needed for proposed development. When city facilities or resources are in danger of being overburdened, the Commission offers recommendations to the Council on possible remedies. In weighing decisions on the growth and development of the City of San Luis Obispo, the Commission provides a sounding board for public opinion. Although commissioners do consider the rights and desires of property owners/developers and the general public, they must make their decisions pursuant to the General Plan, ordinances, and other standards and procedures set forth in state and city law. 20