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HomeMy WebLinkAbout89 - Ordinances ORDINANCE NO. 89 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A DESIGN REVIEW PROCEDURE WHICH ESTABLISHES A DESIGN REVIEW COMMITTEE AND DESIGN REVIEW CRITERIA. The City Council of the City of Rancho Cucamonga, California, does hereby ordain as follows: SECTION 1: The City Council hereby Finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga did by its Resolution No. 79-61 following a public hearing held in the time and manner described by law recommend the establishment of a design review procedure and committee hereinafter described and this City Council has held a public hearing in the time and manner described by law and has duly heard and considered said recommendation. B. That the City Council has reviewed and considered the Design Review Ordinance and all testimony and comments pertaining to it and finds the Design Review procedures to be adequate in scope and content. C. That the Design Review Ordinance will have no significant environmental impact as provided in the negative declaration filed herein. SECTION 2: PURPOSES A. The City of Rancho Cucamonga finds that a design review process will support the implementation of the Rancho Cucamonga General Plan, as it stresses quality urban design standards. The City further finds that the quality of certain residential, institutional, commercial, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Ordinance is not intended to restrict imagination, innovation or variety, but rather to focus on design principles which can result in creative imaginative solutions for the project and a quality design for the City. It is, therefore, the purpose of this Resolution to: 1. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit. 2. Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as signs, landscaping, parking areas, and streets. 3. Maintain the public health, safety and general welfare, and property throughout the City. 4. Assist private and Public developments to be more cognizant of public concerns for the aesthetics of developments. 5. Reasonably ensure that new developments, including residential, institutional, commercial and industrial developments, do not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. 6. Implement those sections of the City's General Plan which specifically refer to the preservation and enhancement of the particular character and unique assets of this City and its harmonious development. Page 2 S~ION 3.: CREATION OF THE DESIGN REVIEW COMMITTEE A. A Design Review Committee (DRC) is hereby created and shall be responsible for the implementation and administration of this Ordinance. 1. Composition The Design Review Committee shall consist of three (3) members. One shall be the Director of Community Development or his designee and two shall be members of the Planning Commission. 2. Appointment and Term of Office The Planning Commission shall elect two of its members to the DRC. The Director of Community Development or his designee shall be the Secretary of the DRC. Of the first two Commission members appointed, one shall have a term of six (6) months and the other shall have a term of twelve (12) months. Thereafter, all terms shall be twelve (12) months. 3. Removal from Office Any member of the Committee may he removed at any time by the Planning Commission. 4. Meetings The Design Review Committee shall meet twice monthly as needed. The time and place of such meeting shall be set by Resolution of the Planning Commission. The Design Review Committee may arrange additional meetings at any time in order to process applications within required time periods. 5. Rules A simple majority of members shall constitute a quorum. The Committee shall review a project in accordance with the Ordinance and file recommendations with the approving authority. Such recommendations shall be consolidated by the Planning Division of the Community Development Department as conditions for final approval. The DRC shall have the right to develop its own rules and regulations for conducting its meetings in addition to developing and adopting design criteria and standards. SECTION 4: JURISDICTION OF REVIEW A. The Design Review Committee shall have the authority to review the architecture and site plan elements of all residential, commercial and industrial developments, additions, remodelings, relocations, issuance of a building permit or which require a Conditional Use Permit, Site Approval or Director Review. The review shall consider the use of design elements such as, but not limited to, exterior design and materials, landscaping, architecture, site plan relationships, grading, signs, wall or buffering techniques. SECTION 5: DESIGN CONSIDERATIONS A. The DRC shall, in reviewing projects covered by this Ordinance, consider such design aspects as the relationship of building Ordinance No. 89 Page 3 to site; the relationship of building and site to surrounding area; landscape and site ~reatme~t;~ building design and materials; signs; and miscellaneous structures and street furniture. The recorranendations of the DRC will be based upon the project conforming to the following criteria: 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. 2. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by this Ordinance and the General Plan of the City. 4. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. SECTION 6: PROCEDURE A. An applicant shall submit the appropriate application, as required by the Zoning Ordinance, and application fee as set by the City Council, and required materials as specified in the filing requirements set forth by the Director of Community Development, to the Planning Division on or before the filing deadline. Once an application has been accepted, it will be scheduled for the first available Design Review Committee meeting and the applicant will be notified of the time and place of such meeting. Ail plans and applicable materials will be distributed to all members and support staff of the DRC a week prior to the scheduled meeting. B. The Design Review Committee shall meet with the applicant to review and discuss the proposed project and its conformity with this Ordinance. The DRC may formulate recommendations on the design of the project relative to the criteria listed in this Ordinance or other design criteria or development standards as adopted by the City of Rancho Cucamonga. Such recommendations shall be filed in the project file to become final conditions of approval. In addition, the applicant shall receive written notice of such recommendations. C. If, after review by the DRC, the Committee feels that the project needs substantial revision, the project review may be continued by the DRC to enable the applicant to make appropriate changes and alterations. The applicant shall receive written notification of such decision and the date when the DRC will meet again to review the project. SECTION 7: APPEAL A. Where a project application has been acted upon by the DRC, the applicant or any interested person who is aggrieved by the Ordinance No. Page 4 action, may file an appeal to the Planning Commission. The appeal shall state wherein the actions of the DRC are not consistent or in conformance with the provisions of this Ordinance. At a regularly scheduled meeting, the Planning Commission may affirm, modify or reverse the recommendations of the DRC. Decisions by the Planning Commission are appealable to the City Council using the same procedures. SECTION 8: ENFORCEMENT A. No building permit, for the construction of any building or project described in this Ordinance, may be issued until the Design Review Committee has reviewed the project for conformance with this Ordinance, design criteria, and development standards as adopted by the City of Rancho Cucamonga. B. Further, prior to final inspection or occupancy, the completed project must be inspected by the Planning Division for compliance with the conditions of approval. No occupancy permit shall be issued unless all elements are completed according to the approved plans. If for any reason this cannot be accomplished, a cash deposit shall be submitted by the developer to ensure compliance. SECTION 9: ENVIRONMENTAL REVIEW The Rancho Cucamonga City Council has found, based on review of the Initial Study, that this project will not create a significant adverse impact of the environment and issues a Negative Declaration. SECTION 10: OTHER LAWS, ORDERS AND ORDINANCES Nothing in this Ordinance shall be deemed to affecT, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this Ordinance, nor shall it be deemed to conflict with any State laws, orders or requirements affecting such propertie~ or areas. In the event that a conflict does arise, the more restrictive ordinance shall apply. SECTION 11: SEVERABILITY The invalidity of any word, section, clause, paragraph, sentence, part or provisions of this Ordinance shall not affect the validity of any other part of the Ordinance which can be given affect without such invalid part or parts. This Ordinance shall be in full force and effect at 12:01 a.m. on the 31st day after its adoption. SECTION 12: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 7th day of November, 1979. AYES: Schlosser, Bridge, Palombo, Mikels, Frost. NOES: None ABSENT: None ~ ~~, M~ ATTEST: