HomeMy WebLinkAbout1136 Design Review Board ORDINANCE NO. 1136
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 1 (GOVERNMENT), CHAPTER 4
(COMMISSIONS AND BOARDS) OF THE UKIAH CITY CODE TO
INCLUDE ARTICLE 4 (DESIGN REVIEW BOARD); AND
DIVISION 9 (PLANNING AND DEVELOPMENT), CHAPTER 2
(ZONING) OF THE UKIAH CITY CODE BY ADDING LANGUAGE
TO SECTION 9263(A).
The City Council hereby ordains as follows.
SECTION ONE— FINDINGS AND DECLARATIONS
The City Council hereby finds and declares as follows.
1. The recent elimination of the Redevelopment Agency (RDA) has resulted in the
dissolution of the RDA Downtown Design Review Board.
2. The City Council desires to have a Design Review Board to serve in an advisory
capacity to the City staff, Zoning Administrator, Planning Commission and City Council
on architecture and design, site planning, and other urban design matters.
3. The Design Review Board would serve an important function by assisting the Zoning
Administrator, Planning Commission and City Council to implement the Ukiah General
Plan and ensure the orderly growth and development of the City.
4. The Design Review Board members must be qualified by having a College degree,
professional license;-or employment experience marchitecture and design, landscape
architecture, building contracting, urban planning, civil engineering, or similar field of
study or a combination of education and/or experience in lieu of a college degree,
professional license, or employment experience.
5. The Design Review Board shall consist of a total of five (5) members, of which at least
three (3) members shall be residents of the City or a business owner in the City and up
to two (2) members shall be at-large without a residence or business located within the
City. If no at-large candidates are available, the City Council may fill the board seats
with City residents or City business owners.
SECTION TWO
Division 1, Chapter 4 and Division 9, Chapter 2, Article 20 of the Ukiah City Code are hereby
amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.
SECTION THREE
1. COMPLIANCE WITH CEQA. The City Council finds that the abolition of redevelopment
agencies makes the adoption of this ordinance necessary to continue the design review board.
Since this ordinance continues the design review board under the authority of the City rather
1
than the City's Redevelopment Agency with few substantive changes to the,composition or
functioning of the design review board, the adoption of this ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to 14 California Code of Regulations
("CCR") Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment), and 14 CCR Section 15061(b)(3) (there is no
possibility the activity in question may have a significant effect on the environment.)
2. SEVERABILITY. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby. The City
Council hereby declares that it would have adopted this Ordinance and any section, subsection,
sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of
general circulation in the City of Ukiah, and shall become effective thirty (30) days after its
adoption.
Introduced by title only on May 16, 2012 by the following roll call vote:
AYES: Councilmembers Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis
NOES: None.
ABSENT: None.
ABSTAIN: None.
Adopted on June 6, 2012 by the following roll call vote:
,
AYES: Councilmembers Thomas, Rodin,Baldwin, Vice Mayor Crane, and Mayor Landis
NOES: None
ABSENThNone
ABSTAIN: None
tt {„41 ,?.40
ary An - Landis, Mayor
.TTE
1W _
Linda`: A•!t
i
3
i
2
EXHIBIT A
DIVISION 1 GOVERNMENT
CHAPTER 4 COMMISSIONS AND BOARDS
ARTICLE 4B. DESIGN REVIEW BOARD
SECTION:
§1160: Creation
§1161: Members; Appointment
§1162: Residency
§1163: Qualifications
§1164: Expenses of Members; No Compensation
§1165: Chairman; Officers
§1166: Meetings; Rules; Records
§1167:Attendance
§1168: Board to Act in Advisory Capacity
§1169: Duties of the Board
I
§1160 CREATION:
There is hereby created a Design Review Board for the City of Ukiah ("City").
§1161 MEMBERS; APPOINTMENT:
Board shall_consistof_a total of five__(5_).members,_of_which_at_least_thre_e_(3)_memb_ers shalt be__
residents of the City or a business owner in the City and up to two (2) members shall be at-large
without a residence or business located within the City. If no at-large candidates are available,
the City Council may fill the board seats with City residents or City business owners. At or near
the beginning of his or her four (4) year term of office, each member of the City Council may
nominate one Board member who shall be appointed to the Board, if approved by a majority
vote of the City Council. Each Board member's term of office shall coincide with the four(4) year
term of office of the City Council member who nominated him or her, regardless of whether that
City Council member serves his or her full four(4) year term.
If a Board member vacates his or her office before the expiration of his or her term of office, the
City Council member who nominated that Board member(or a City Council member elected or
appointed to fill the remaining unexpired term of office of the City Council member who
appointed the Board member) may nominate a replacement to serve the remainder of that
3
Board member's term of office, who shall be appointed, if the nomination is approved by a
majority vote of the City Council.
If a City Council member's nomination receives less than a majority vote, he or she may
nominate additional candidates, one at a time, until one of them is appointed by a majority vote
of the City Council. Board members shall be nominated and voted upon at a single City Council
meeting, unless a different procedure is approved by a majority vote of the City Council. If a City
Council member fails to nominate a Board member within sixty (60) days after the vacancy
occurs, a majority of the City Council shall fill the vacancy following the procedure used to
appoint members to other city commissions and Boards.
§1162 RESIDENCY:
If Board members, other than the at-large members, move outside the city limits after
appointment or they no longer own a business in the city limits for Board members qualified to
serve on that basis, their terms are thereby terminated.
§1163 QUALIFICATIONS OF BOARD MEMBERS
Board members shall have sufficient education and/or experience to perform and fulfill the
duties required in section 1169. This education and/or experience may consist of a college
degree, professional license, or employment experience in architecture and design, landscape
architecture, building contracting, urban planning, civil engineering, or similar field of study.
Alternatively, the City Council may determine that a combination of education and/or experience
in lieu of a college degree, professional license, or employment experience may qualify a
candidate for the Board.
§1164 EXPENSES OF MEMBERS; NO COMPENSATION:
he members of the Board shall receive no compensation.
§1• 65 CHAIRMAN; OFFICERS:
The Board shall elect a chairperson from among the appointed members for a term of one year
and, subject to other provisions of law, may elect such other officers, such as a vice-chairperson
as it may determine.
§1166 MEETINGS; RULES; RECORD:
The Board shall hold at least one regular meeting each month at a time and place established
by the Board, unless a lack of business or a lack of a quorum occurs. The Board shall adopt
rules for the conduct of business and shall keep a written record of its findings and
determinations, and overall business, which record shall be a public record. The City Manager
may assign a city staff member to serve as the Board's recording secretary who shall prepare
minutes for the Board's approval. Alternatively, if no recording secretary is assigned to the
Board, the Board may assign meeting recording duties to a Board member, who shall prepare
minutes for the Board's approval.
4
§1067 ATTENDANCE:
If a Board member absents himself or herself from four(4) regular meetings in any twelve (12)
month period without the prior approval of the Board, the City Council member who appointed
him or her may vacant that Board member's seat and fill it as any other vacancy.
§1168 BOARD TO ACT IN ADVISORY CAPACITY:
Such Board shall act in an advisory capacity to the city staff, zoning administrator, planning
commission and City Council in all matters pertaining to site development permit applications,
planned development applications and precise development plans, and urban design.
§1169 DUTIES OF THE BOARD:
It shall be the function and duty of the Design Review Board to review proposed site
development permit applications, planned development applications and precise development
plans, work with staff and the applicants to ensure design consistency with the Ukiah General
Plan, Zoning Code, and Design Review Guidelines, and make recommendations concerning
architecture, site design layout, landscaping, parking, signage, exterior lighting, and other
aspects of urban design to city staff, Zoning Administrator, Planning Commission and City
Council as appropriate.
5
DIVISION 9 PLANNING AND DEVELOPMENT
CHAPTER 2 ZONING
ARTICLE 20 ADMINISTRATION AND PROCEDURES
§9263 SITE DEVELOPMENT PERMIT PROCEDURES:
The following regulations govern the submittal, review, and processing of site development
permits:
A. General: Site development permits shall be issued as provided in this Chapter only for site
development projects for which such permits are required. The Design Review Board shall
review and make recommendations to the Zoning Administrator, Planning Commission and City
Council on site development permit applications, planned development applications and precise
development plans. The Zoning Administrator or Planning Commission shall conduct a public
hearing and decide all applications for site development permits required by this Chapter. If the
Planning Director determines that the site development permit application is minor in nature, it
shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director
determines that the site development permit application is major, it shall be referred to the
Planning Commission for public hearing and action.
B. Application Filing And Submittal Requirements: All applications for site development permits
shall include the following information:
1. A detailed site plan sufficient to fully illustrate the proposed project and adjoining land
uses.
is
2. Elevation drawings of all proposed structures.
3. Details of all proposed signs.
4. A landscaping plan detailing all new and existing landscaping to be incorporated into
the design of the project.
5. A floor plan of the proposed structure.
6. A parking plan.
7. Any other project-related information requested by the Planning Director.
6
8. The actual application form and filing fee, which shall be established from time to time
1 by resolution adopted by the City Council in accordance with such procedures as required
by law.
C. Public Noticing Requirements for Zoning Administrator and Planning Commission Meetings:
Failure of any person to receive mailed notice or failure to post notice shall not invalidate any
proceedings conducted by the decision-making body. Notices of public hearings on applications
for site development permits shall be given at least ten (10) days prior thereto, by the following
manner:
1. Publication in a newspaper of general circulation in the City.
2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to
all owners of property within a three hundred foot (300') distance of any boundary of the
subject property, and to the project applicant or agent, as well as to the property owner of
record.
3. Notice shall also be mailed or delivered at least ten (10) days prior to the hearing to
each local agency expected to provide essential facilities and services which may be
significantly affected.
4. The subject property shall also be posted in three (3) locations ten (10) days prior to the
public hearing.
D. Action On SiteDeve opment Permit ll applications for site development permits smell be
considered and acted upon by either the Zoning Administrator or the Planning Commission.
1. The Zoning Administrator shall review, conduct public hearings, and decide upon all
minor site development permit applications.
2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final
decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon all
major site development permit applications.
4. Appeals of the Planning Commission actions shall be heard by the City Council for a
final decision.
5. At the discretion of the Planning Director, any site development permit application may
be directed to the Planning Commission for consideration and decision-making action.
7
6. Any site development permit application which is reviewed by the Zoning Administrator
or the Planning Commission may be approved, conditionally approved, or denied.
E. Findings: The Zoning Administrator and/or Planning Commission shall make findings when
acting to approve site development permit applications. The findings shall not be vague and
conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis
of the action by bridging the gap between the evidence and the decision-maker's conclusions,
and shall be based upon evidence contained in the administrative record. Failure to make
findings that support the following determinations shall result in a denial of the site development
permit application:
1. The proposal is consistent with the goals, objectives, and policies of the City General
Plan.
2. The location, size, and intensity of the proposed project will not create a hazardous or
inconvenient vehicular or pedestrian traffic pattern.
3. The accessibility of off-street parking areas and the relation of parking areas with
respect to traffic on adjacent streets will not create a hazardous or inconvenient condition
to adjacent or surrounding uses.
4. Sufficient landscaped areas have been reserved for purposes of separating or ,
screening the proposed structure(s)from the street and adjoining building sites, and
breaking up and screening large expanses of paved areas.
5. The proposed development will not restrict or cut out light and air on the property, or on
the property in the neighborhood; nor will it hinder the development or use of buildings in
the neighborhood, or impair the value thereof.
6. The improvement of any commercial or industrial structure will not have a substantial
detrimental impact on the character or value of an adjacent residential zoning district.
7. The proposed development will not excessively damage or destroy natural features,
including trees, shrubs, creeks, and the natural grade of the site.
8. There is sufficient variety, creativity, and articulation to the architecture and design of
the structure(s) and grounds to avoid monotony and/or a box-like uninteresting external
appearance.
F. Conditions of Approval: Conditions of project approval may be imposed on site development
permit applications.
8
1. In approving a site development permit, the Zoning Administrator or Planning
Commission may include such conditions as are deemed reasonable and necessary to
maintain or assure compliance with the standards/criteria listed in subsection E of this
Section. Nothing in this Section shall be construed to limit the discretion of the authority of
the Zoning Administrator or Planning Commission to require conditions.
2. The Zoning Administrator or Planning Commission may condition a site development
permit to prohibit occupancy of a project building until an inspection has been made which
finds that the project building, landscaping and other required improvements have been
completed, and the project complies with all conditions specifically required to be
completed prior to occupancy. If a site development permit is so conditioned, the Planning
Director shall notify the City Building Official of such conditions. If a building permit is
issued for a building or structure which is subject to a site development permit so
conditioned, the Building Official shall not approve a final inspection of such building or
structure until the conditions have been satisfied. The Planning Commission or the Zoning
Administrator may also require conditions be completed prior to the issuance of building
permits.
G. Effective Date: The site development permit shall be deemed legally in effect when the
appeal period has lapsed, unless a timely appeal is properly filed. If a timely appeal is filed, the
permit shall be deemed legally effective when finally approved by the City Council. This date
shall be so noted in the official site development permit application file and shall also be noted
upon the issued site development permit and/or approval confirmation letter.
xpira ion nd Revocation: The following provisions detail-the side development permit
expiration and revocation process:
1. Revocation: An approved site development permit may be revoked through the City's
revocation process if the site development project is not being conducted in compliance
with the site development permit, as conditioned, or:
a. If any project for which a site development permit has been granted and issued is
not established within two (2) years of the site development permit's effective date; or
b. If the established land use for which the permit was granted has ceased or has
been suspended for twenty four(24) consecutive months.
2. Procedure: If a site development permit is subject to revocation under subsection H1 of
this Section, the City shall follow the procedures set forth herein.
9
a. Notice: Notice of a hearing before the Planning Commission shall be provided in
accordance with subsection C of this Section.
b. Hearing: The Planning Commission shall conduct a public hearing to determine
whether the permit shall be revoked and shall make findings that comply with
subsection E of this Section.
c. Appeal: The Planning Commission decision shall be subject to appeal in
accordance with Section 9266 of this Article.
3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant
to subsection H1a or H1b of this Section, from applying for a new permit in accordance
with the procedures for new applications.
I. Renewal: Site development permits may be renewed for an additional period not to exceed
one year provided, prior to the expiration of the permit, an application for renewal is filed with
the Planning Department. The application shall consist of a detailed letter explaining the
reason(s)for the request. The Planning Director shall grant or deny an application to renew a
site development permit, and shall provide an explanation of his decision, in writing, to the
applicant. The Planning Director's decision to approve a renewal shall generally be based upon
a determination thatall the circumstances associated with the original approval are substantially
the same at the time of the renewal application. An appeal of the Planning Director's decision
may be made to the City Council for a final decision. Any such appeal must comply with the
requirements of Section 9266 of this Article. (Ord. 1002, §2, adopted 1998)
10