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Ordinance Number 670ORDINANCE NO. 670 ESTABLISHING A DESIGN REVIEW COMMISSION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A DESIGN REVIEW COMMISSION AND ESTABLISHING AUTHORITY AND DUTIES WITH RESPECT TO THE OPERATION OF A DESIGN REVIEW COMMISSION THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Code Amendments. 1. Article 2 of Chapter 2 of Title 2 is hereby amended in its entirety to read as follows: "ARTICLE 2. DESIGN REVIEW COMMISSION. Section 2-2.201. Created. The Design Review Commission for the City is hereby created. Section 2-2.202. Membership. The Design Review Commission shall consist of a total of five (5) members of which at least two (2) members shall be design professionals. Section 2-2.203. Duties. The Design Review Commission shall undertake and have the following duties, responsibilities, and functions, together with the powers indicated as follows: a. Assure that the detailed design of development projects are consistent with the conceptual design parameters established by the Planning Com- mission in accordance with Site Development Plan applications. b. To approve, deny, or approve with modifications or conditions, the detailed design of development projects to assure that they are consistent with the City's specific design guidelines and regulations with regard to architecture, landscaping, lighting, signage, etc. C. Assist with the preparation and/or reviewing of specific design guidelines and standards which will result in development that reflects the community's physical design values. d. Review Capital Improvement Plan projects during the design phase to assure compliance with the City's Community Design Guidelines." 2. Municipal Code Section 9-2.301 entitled "Development Review" is hereby amended in its entirety to read as follows: -1- "Section 9-2.301. Development Review. a. Development Review Procedures. Any residential growth management application, tentative tract or parcel map, conditional use permit, zone change, code amendment, or other development application as identified throughout this title is subject to the development review process. All public improvement plans and outside agency projects will be subject to the provisions of Section 9-2.311. All commercial, industrial, office, institutional, recreational, other non-residential development applications or residential projects with gross density of eight (8) units per acre or more will be subject to the provisions of Section 9-2.306. b. Preliminary Review. (1) Applications for various types of development application shall be filed with the Department of Community Planning and Develop- ment. Such application shall be in a form as prescribed by the Director of Community Planning and Development and shall include information as may be required to satisfy Environmental Impact Report requirements. It shall be the obligation of the applicant to file all necessary information prior to acceptance of the appli- cation. Fees shall be collected at the time of application submittal (reference Section 9-2.316). Upon receipt of a complete application, it shall be reviewed by the Environmental Review Board. The Board shall: (A) Provide direction to the applicant regarding compliance with the City's standards, regulations, and General Plan; (B) Conduct an Environmental Review pursuant to Section 9-2.201; (C) Indicate which reviewing boards/commissions shall be involved in the analysis and recommendation of the appli- cation. These shall include, but not be limited to: (i) Planning Commission, (ii) Design Review Commission, (iii) Traffic and Transportation Commission, (iv) Parks and Recreation Commission, (v) Equestrian and Recreational Trails Commission, (vi) Heritage Commission, (vii) Los Rios Review Committee, (viii) Appropriate outside agencies. -2- `�';f 6i apt✓ C. Review Procedure. Following Environmental Review Board action, the Land Use Manager shall cause the application to be transmitted to ail responsible departments and outside agencies (thirty (30) day review period). After all reviewing agencies have responded or at the end of thirty (30) days, whichever is shorter, the Secretary to applicable boards/commissions shall cause to be prepared a staff report for trans- mittal and review by said board/commission. Actions. Action shall be taken by the Planning Commission on each application as follows: (1) Forward a recommendation of approval if appropriate, with conditions, or denial for code amendments, zone changes, General Plan amendments, and tentative tract/parcel maps to the City Council; (2) Final discretionary action on zone variances and conditional use permits that are not reviewed by Zoning Administrator, architectural control, and other development applications as identified throughout this title. The Planning Commission may continue an item to seek additional information, or further recommendations from reviewing agencies. Appeals of the action of the Planning Commission may be made in accordance with Section 9-2.314 for items reviewed under paragraph (2) of this subsection. Upon report of all applications listed under paragraph (1) of this subsection, the City Council shall consider the application, staff analysis, and recommendations from advisory boards/commissions and public testimony (public hearing required), and take a final action on the application. Said action may include approval as submitted, approval subject to conditions/modifications, or denial with findings. If the City Council takes an action based upon information that was not available to or considered by the Planning Commission, it shall not be considered final until the item is referred back to the Planning Commission for report and recom- mendation within thirty (30) days. If a report is not submitted to the City Council within said time, the City Council shall take a final action on the item. e. Imposition of Conditions. In approving a development application, the approving body shall impose conditions it deems necessary in order to provide compatibility of the proposed development application with existing and proposed land uses, for consistency with the goals, policies, and objectives of the General Plan, and to otherwise enforce the provisions of this title. f. Expiration. Development applications shall expire twenty-four (24) months after approval or conditional approval by the final decision making body (except General Plan amendments, or code amendments, and zone changes, which are adopted by ordinance and have no expiration date), and conditional use permits, which shall have an initial approval period of one (1) year. -3- g. Extension of Time. The final decision making body may, upon application filed a minimum of thirty (30) days prior to expiration of approval, grant a time extension for an approved development application. The Extension Application shall be processed under the same procedural requirements which governed the original approval." 3. Municipal Code Section 9-2.306 is hereby amended in its entirety to read as follows: "Section 9-2.306. Design Review for Nonresidential Projects or Residential Projects with a Gross Density of Eight Units Per Acre or More. a. Scope of Design Review. Design Review shall be conducted for every project proposing a commercial, office, industrial, institutional, recreational, or other nonresidential development use, or residential projects with a gross density of eight (8) units per acre or more. Design Review shall consist of a "Site Development Review" approval and a "Architectural Design Review" approval. Site Development Review by the Planning Commission shall determine general site configuration depicting general building lay out, building mass, parking orientation, open spaces, vehicular access, and circulation to the site. Architectural Design Review by the Design Review Commission shall determine the specific design components of the project, including building elevations, landscaping, signage, lighting, finished materials, and colors. Design Review for projects requiring separate discretionary entitlements, such as rezonings, subdivision maps, variances, use permits, or other similar applications are subject to the procedural requirements of the Municipal Code Section 9-2.301. Design Review Process. The following application and review sequence shall be used to conduct design review. 1) Applications. Design review consists of two separate applications, namely: A Site Development Review application and Architectural Design Review application. Said applications shall be filed in sequential order in accordance with the review procedures outlined under subsection 2 below with the Department of Community Planning and Development. Such applications shall include the following information for Site Development Review and Architectural Design Review: (A) Site Development Review/Planning Commission Review. (i) Conceptual site development plan showing the following: -4- (B) (aa) Preliminary site plan (to scale) showing dimensioned boundaries of the project site, existing contours, existing vegetation and adjacent property a minimum of 300 feet from project boundaries. All existing and ultimate right-of-way, including private street easements, shall also be depicted on the plan. (ab) Proposed access to public/private streets, internal circulation both pedestrian and vehicular, parking provisions (including number of spaces), walkways, planting areas, trash enclosures, fences, walls, trellis locations, utility boxes, General Plan trails, and other structures and site features. (ac) Proposed conceptual building footprints noting the amount of building square footage height of individual buildings, and proposed use. (ii) Conceptual Grading Plan noting both existing and proposed landform alteration. Said plan shall note the location of all existing and proposed utilities and disposition of any existing structures or trees. This plan may be combined with the conceptual site development plan. (iii) Conceptual building massing plan which shows the potential building(s) envelope (height, width, and length) for determining the proposed structural mass of the project as seen from all property boundaries. (iv) Any other site plan information as required by the Land Use Manager. (i) Architectural drawings to scale, showing all elevations of the proposed buildings and structures as it will appear on completion of construction. All exterior surfacing materials and colors shall be specific on the plans. (ii) Roof plan. (iii) Building materials and color board. (iv) A landscape plan, drawn to scale (as specified by the Land Use Manager), showing the location of existing trees proposed to be removed and retained; drawings indicating the amount, type and location of all plant material; a legend noting the common and botanical name and size of all plant material including watering and root characteristics; and a full coverage irrigation plan. -5- (v) Sign program which shows size, location, type of construction, material, colors and method of illumination. (vi) Lighting plan showing type of fixture, location, height, and surface illumination measurements. (vii) Plan for all exterior mechanical equipment and method to be used to screen equipment. (viii) Floor plan showing allocation of space and location of all door and window openings. (ix) One set of full color elevations of all proposed buildings. (x) Detail sheet which shows all proposed designs for fences, walls, and other site features. (xi) A revised site development plan in compliance with the approved Site Development Review application (Planning Commission). (xii) Any other drawings or additional information necessary to determine compliance with this section as required by the Land Use Manager. 2) Review Procedures. (A) Site Development Review/Planning Commission Review. (i) Upon the receipt of a completed Site Development Review application, the Land Use Manager shall cause the application to be transmitted to all responsible departments and outside agencies. After all reviewin agencies have responded or at the end of thirty (30 days, whichever is shorter, the Secretary to applicable boards/commissions shall cause to be prepared a staff report for transmittal and review by said board/commission. (i i) The Planning Commission may continue an item to seek additional information or further recommendations from reviewing agencies. (iii) The action of the Planning Commission shall be in the form of an adopted Resolution, containing a statement of findings and any conditions which may be imposed on the application. In making a motion to approve, the Planning Commission shall make the following findings: (aa) The site plan complies with all provisions of Title 9 of the Code; and, Im (ab) The site plan is compatible with existing and proposed land uses; and, (ac) The site plan is generally consistent with the goals, policies and objectives of the General Plan; and, (ad) The general site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, building height, public safety and similar elements have been designed to provide a desirable environment for the public; and, (ae) The site plan is functional as regards to adequate vehicular, pedestrian and bicycle circulation. (iv) Planning Commission Site Development Review approval establishes the conceptual layout of the project as it relates to general building location, setbacks, building mass, building square footage, open space, and vehicular/pedestrian access and circulation. Minor modifications to the site plan and building square footage may be required by the Design Review Commission when considering the Architectural Design Review application to insure that the overall project design will be consistent with the provisions of the General Plan, the Code, and adopted architectural design guidelines. (v) Appeals of the action of the Planning Commission may be made in accordance with section 9-2.314 to the City Council. (B) Architectural Design Review/ Design Review Commission Review. (i) Upon final action by the Planning Commission on the Site Development Review application, an applicant may submit an application for Architectural Design Review. Upon receipt of a completed application, the Land Use Manager shall cause the application to be transmitted to all responsible departments and outside agencies. After all reviewing agencies have responded, or at the end of the thirty (30) days, whichever is shorter, the Land Use Manager shall cause to be prepared a staff report for transmittal to the Design Review Commission. (ii) The action of the Design Review Commission shall be in the form of an adopted Resolution, containing a -7- statement of findings, and any conditions which may be imposed on the application. In making a motion to approve, the Design Review Commission shall make the following findings: (aa) The site development plan is in general compliance with the Planning Commission action undertaken in accordance with this section; and, (ab) The architectural design of the project is generally consistent with the goals, policies and objectives of the Community Design Element and all other applicable provisions of the General Plan; and, (ac) The architectural design plans are in compliance with all provisions of Title 9 of the Municipal Code; and, (ad) The general design considerations, including the character, scale, and quality of design are consistent with the adopted Architectural Design Guidelines of the City, that the architectural relationship with the site and other buildings including building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements have been incorporated in order to insure the compatibility of this development with the character and scale of adjacent buildings; and, (ae) The general landscape design, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, maintenance and protect n of landscape elements have been considered t. insure visual relief, to complement buildings nd structures, and to provide an attractive environment for the enjoyment of the public. If one or more of the above stated findings cannot be made to approve the application, the Design Review Commission shall deny the application citing specific reasons in support thereof. The Design Review Commission may continue an item to seek additional information or further recommendations from review agencies. (iv) Appeals of the action of the Design Review Commission may be made in accordance with Section 9-2.314 to the City Council. N 3) Expiration of Application Approval. Project approvals granted under this section shall expire in accordance with the following: (A) Site Development Review applications shall expire one (I) year from the date of Planning Commission approval if a completed Architectural Design Review application has not been received by the City. If a completed application for Architectural Design Review has been accepted by the City, said Planning Commission approvals shall be automatically extended to run concurrent with the action of the Design Review Commission. (B) Architectural Design Review application approvals granted under this section shall expire two (2) years from the date of approval by Design Review Commission if building permits have not been issued and substantial construction underway. The Planning Commission and/or Design Review Commission may grant extensions to their respective approvals not to exceed an additional twelve (12) months. When granting an extension, the Planning Commission or Design Review Commission must find that the application remains consistent with all applicable provisions of the Municipal Code, furthermore the Commission(s) may modify or impose additional conditions. If new conditions are considered, findings supporting the need for these conditions shall be included in the action Resolution. Decisions of the Planning Commission or Design Review Commission on applications for extensions may be appealed to the City Council in accordance with Section 9-2.314. If an application approval expires prior to an application for extension is received by the City, the project approvals shall be deemed null and void. Any subsequent application shall be considered and processed in accordance with the development review procedures of this section. SECTION 2. Prior Approved Projects Not Yet Constructed. The provisions of Section 9-2.306 shall apply to all project approvals, not yet constructed, occurring prior to the effective date of this ordinance, providing that the project applicant consents to the revised procedural changes instituted under Section 9-2.306. passage. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published 1 once within fifteen (15) days after passage and adoption is required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED this 17th day of July , 1990. GA L. H USDORFER, MA/OR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, GEORGE SCARBOROUGH, Acting City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 670 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on July 3 , 1990, and adopted at a meeting held on July 17 1990 by the following vote: AYES: Councilmen Buchheim, Bland and Mayor Hausdorfer NOES: None ABSENT: Councilmen Schwartze and Friess (SEAL)( /tlsi !J GEORGE CAR OROUGH, ACTING ITY LERK -10-