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HomeMy WebLinkAboutOrdinance #1297 ORDINANCE No. 1297 Ali ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADDING ARTICLE 985 EN- TITLED, 'ARCHITECTURAL REVIEW BOARD' TO DIV- ISION- 9 OF THE HUNTINGTON BEACH ORDINANCE CODE. The City Council of the City of Huntington Beach does ordain as follows: Section 1. That Article 985 is hereby added to Div- ision 9 of the Huntington Beach Ordinance Code, to read in words and figures, as follows; ARTICLE 985 ARCHITECTURAL REVIEW BOARD Section 2. That the following sections are hereby added to Article 985 of the Huntington Beach Ordinance Code to read in words and figures as follows: . s. 9850. PURPOSE: The purpose of this Ordinance is to estab- lish an Architectural Review Board that may approve, deny, or conditionally approve applications for Design Review in order to make the design relate to topography and prevent excessive similarity, dissimilarity, or Inappro- priateness in exterior design and appearance of buildings, structures, and parking lots in relation to present and pro- p posed- buildings and structures because: ose (a) Such would adversely affect the desirability of Im- mediate and neighboring areas and impair-- the bene- fits of occupancy of existing property in these areas,, and; (b) Such would cause degeneration of property In such areas with attendant deterioration of conditions af- fecting the public health, safety,, comfort,, morals and welfare thereof, and; Ord. No. 1297 (c) Such would deprive the City of tax revenue which it otherwise could receive, and; (d) Such would destroy a proper balance in relationship - between the taxable value of real property and the cost of municipal services provided therefor in these areas, and; (e) Such would fail to Improve community appearance by preventing extremes of dissimilarity or monotony in new construction, and; (f) Such would Impair the stability and would not preserve and protect property values from substantial depre- ciation. S. 9851.,," CREATED: There is hereby created the Architectural Review in and for the City of Huntington Beach. Sa,id. Architectural Review Board is hereinafter referred to as the Review Board or Board. S. 9851.1 Members: The Review Board shall -consist of five (3) memFers. The membership shall include at least one (1) licensed architect, at least one (1) land- scape professional and three (3) members with similar profess- ional occupations. At least one membershall be a Planning Commissioner for the City Of Huntington Beach. S. 9851.2 Terms: Terms of members of the Board shall be as T=Olows: (a) Two (2) shall initially serve for a two (2) year. term then shall be reappointed every four (4) years thereafter. (b) Three (3) members shall serve a four (4) year term, then shall be reappointed every four(4) years thereafter. S. 9851.3 Bylaws: The Review Board shall adopt bylaws and rules as It deems necessary to provide for Its officers and their method of selection,, time and place of meetings,, and for such other matters relative to its work and administration of Its duties which are not otherwise provided for by statute or ordinance. S. _9851.41 Secretary: There shall be a Secretary to the Review Board an this position shall be incumbent upon the Planning Director or a designated member of the Planning De- partment. 2. Ord. No.1297 S• 9851.5 Advisors : The Review Board may request attendance a i s meetings of any officer or employee of the City to assist, in- an. advisory capacity, the Review Board in its deliberations. S. 9851.6 Assistance for Review Board: The Review Board may make InvestigaEloAsq employ help subject to approval of the City Administrator, secure advice and prepare plans and reports as it may deem necessary to perform its duties and functions. S. 9851.7 Compensation.: All members of the Architectural Re- v view Boardshall be compensated for their services at the rate of 15.00 for each Board meeting attended. Said compensation shall not exceed $45.00 in any calendar month. S. 9852 DESIGN REVIEW: The Board is hereby authorized to ex- amine and act on Design Review Applications, subject to the conditions co-�tained herein] The iBoard shall review the design of all: (a) New building construction, excepting single family residential. (b) Signs that are part of, or an adjunct to, buildings being submitted for Design Review. (c) Exterior building additions that will exceed 50% of the existing gross floor area. Said additions shall not include single family residential. (d) Exterior modifications to buildings where the cost will exceed 50% of the existing value of said build- ing. Value of the building shall be determined by official records of the Orange County Assessor's Of- fice for the fiscal year during which said modifica- tion is proposed. Said modification shall not include single family residential. (e) All move-in buildings and structures. (f) Municipal buildings, parks and beaches. 5. : 9852.1 Said Design Review shall seek to relate the pro- _ posed building to its site and environment,taking Into consideration those other structures whose useful life Is near an end. S. 9852.2 The Board in considering an application for Design Review shall not make recommendations that are in- consistent with Division 9 of the Huntington Beach Ordinance Code. 3• Ord. N0.1297 S. 9852.3- The Design Review shall include, but not be limit- ed to: (a) Height, bulk, and area of buildings. (b) Colors and types of building materials. (c) Physical and- architectural relation with exist- ing and proposed structures within 660 feet. Said distance shall be measured from property line. (d) Site layout, orientation and location of build- ings and relationship with open areas and top- ography. (e) Height, materials, colors and variations in boundary walls, fences or screen planting. (f) Location and type of landscaping including but not limited to off-street parking areas. (g) Appropriateness of sign design with its pro- posed structure and surrounding environs. S. 9853 AUTHORITY: In the performance of its duties, the Rev ew Board may approve, conditionally approve, or deny any application as an administrative act and no public hearing need be held thereon. S. 9853.1 Accomp n_yina Data: The Review Board shall prescribe e form and content of applications and necessary accompanying data. S. 2854 APPLICATIONS: S. 9854.1 Filing: In accordance with Section 9852, the Build- ing Director shall refer all applicable requests for building permits or sign permits to the Architectural Re- view Board. Application for Design Review shall be filed in _ the office of the Planning Department. Said application shall be made by the owner of the property or the property owners authorized agent. S. 9854.2 Filing­Fees: At the time an application is filed, Me` app cant shall pay a fee of twenty-five (45) dollars. municipal projects shall be exempt from said fee. S. 9855 HEARINGS: A hearing shall be held by the Review BoarZ1 prior to taking action on any application. 4. Ord. No. 1297 S. 9855.1 Time of Hearing: Upon filing an application, the Secretary to the Review Board shall set said ap- plication for a' hearing within thirty (30) days after the filing date. S. 98.55.2 Notice of Hearing: The Secretary shall give no- tice of Me timeT place, and purpose of said hear- ing by mailing notices, at least five (5) working days prior to the date of such hearing, to the applicant or authorized agent. S. 9855.3 Continuance: The Review Board may continue the matter to another date without giving notice there- of, if such date is announced at the hearing. S. 9855.4 Finding of Fact and Decision Time Limit: In approv- ing, conditionally -approving, or 21enying an appli- cation, the Review Board shall make a written finding which shall specify facts relied upon in rendering a decision. Said decision shall be made within thirty (30) days after the hear- ing. 5': -9$55.5 Notice of Review Board Decision: Notice of the Re- view Boar is decision shall , be mailed to the ap- plicant within. five (5) days after such-decision is rendered. S. 9856 APPEALS: S. 9856.1 Appeal b A pli.cant or AggEleved Party to the Plan- ping Commission: The app icant .or aggrieved par y may appeal a decs`ion or requirement of the Review Board. Any appeal from a decision or requirement of the Review Board shall be made to the City Planning Commission. S. 9856.1.1 Time Limit: All appeals shall be made within ten (10) aays following the Review Board's decision. S. 9856.1.2 Form and Content: Any appeal shall be in writing and saia appeal shall specify in detail, proof of any error in the decision made by the Review Board. S. 9856.1.3 Fili4jg Place and Notification: All appeals shall _e filed In-the office of the Planning Department. Upon receipt of said appeal the Secretary to the Planning Commission shall set the matter for hearing before the Planning Commission. Said hearing shall be held at the earl- iest possible regular Planning Commission meeting. 5.9856.1.4 Filing Fee: Accompanying any appeal shall be a filing fee of twenty-five (25) dollars. 5• Ord. No. 1297 S. 9856.1..5 Continuance The Planning Commission may con- tinue t e matter to another date without giving further notice thereof, if such date is announced at the hearing. S. 9856.1.6 Decision bz the PlanniE& Commission: The Plate Commiss on. may affirm, reverse, or modify Ehe Review Board's decision. Furthermore, the planning Commission may make any additional determination or requirement it shall consider appropriate within the limitations imposed by this Article. S. 9856.1.7 Finding of Fact and Decision Time Limit: In granting, modifying, or denying an appeal—, -ERe Planning .Commission shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the appeal is filed. S. 9856.1.8 Notice of Plannin Commission Decision: Notice o1' the Inning Comm ss on s decision shall e ma i e to the applicant within five_ (5) days after such decision is render- ed. S. 9856.2 A eal by the A licant to the City Council: The Appl cant may appeal a decision or requirement of the Planning Commission to the City Council. S. 9856.2.1 Time Limit: All appeals shall be made within en 0)ays folow�ag`7'he Planning Commission's decision. S. 98562.2 Form and Content: Any appeal shall be in writ- ing and said appeal shall specify in detail, proof of any er- ror in the decision made by the Planning Commission. S. 9856.3 Challenge by City Council: The City Council or any member thereof may reques n wr ting, within the ten ' (10) day period for appeal, a hearing before the City Council to consider any decision or requirement of the Planning Commission or Review Board. Filing Place and Notification: All appeals to rh'e"C "Z'Uuncil shall be filed Mh the, City Clerk. Upon receipt of said appeal, the City Clerk shall set the matter for hearing before the City Council at the earliest possible regular City Council meeting. S. 9856.3.2 Filing Fee: Accompanying any appeal shall be a filing fee of twenty-five (25) dollars. S. 9856.3.3 Continuance: The City Council may continue the matter to another date without giving further notice thereof if such date is announced at the hearing. 6. Ord. No. 1297 S. 9856.3.4 Decision by the City Council: The City Counc- il may.`.Brirm, reverse, or modify the decision of the Planning Commission or Review Board. Furthermore, the City Council may make .any additional determination or require- ment_ it .shall. consider appropriate within the limitations Imposed by this Article. The decision of the City Council shall.. be final. S. 9856.3.5 Finding of Fact and Decision Time Limit: In granting, modifying, or denying an appea , or challenge, the City Council shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty (60)days after the hearing. S_. 5856.3.6 Notice of City Council Decision: Notice of the City Council's ecision shall be mai e o the applicant within five (5) days after such decision is rendered. S- �9857 - (TIME LIMIT: Each permit authorized under the provisions of this Article which is not actu- ally established or the actual construction commenced within one (1) year from the date of final approval shall become null and void. S. 9857.1 For the purpose of this Section, actual con- struction means that construction has started -and is proceeding without undue delay. Preparation of plans, .securing financial arrangements, issuance of building per- mits, letting of contracts, grading of the property, or stockpiling of materials on the site shall not constitute actual construction. 5�8F8 EFFECTUATION: No building or sign permit shall a issued. in any case where a Design Re- view is required by the terms of this Article unless and un- til such Design Review has been granted. No Certificate of Occupancy or final inspection for a sign shall be issued until all terms and conditions of such Design Review have been completed or fulfilled. Section 2. The City Clerk shall certify to- the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days 7- Ord. No. 1297 thereafter the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, on this 20th day of February ,, 1967. Mayor ATTEST: C err APPROVED AS TO FORM: K. City Atto hey ' 8. Ord. No . 1297 STATE OF CALIFORNIA COUNTY OF ORANGE ss : CITY OF HUNTINGTON BEACH I , PAUL C . JONES , the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6th day of February , 19 67 , and was again read to said City Council at a regular meeting thereof held on the 20th day of February 19 67 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council . AYES : Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES : Councilmen: None ABSENT : Councilmen: None City Clerk and officio Clerk of the City Council of the City r of Huntington Beach, California 1. PAUL C. JONES, CITY CLERK of the City of Nun :r:;icrl G-rn.-1" anti Cx-of;icin CL=rk of the City �:r,... ,. Oi'....iai1C8 has been Pal :,! r .... •.. .,.; ;.:pis on ------------ Inut ecrwiv'3Cy! _.._. ----- -- ---._.._---------- _ City Clerk Deputy City Mrk I i