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HomeMy WebLinkAboutResolution No. 5323 RESOLUTION NO. 5323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING DESIGN REVIEW BOARD BYLAWS IN ACCORDANCE WITH SECTION 9162 OF THE DOWNEY MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE THAT THE FOLLOWING BYLAWS SHALL GOVERN THE DESIGN REVIEW BOARD: ARTICLE I DESIGN REVIEW BOARD OFFICERS SECTION 1. The officers of the Design Review Board shall consist of a Chairman and Vice - Chairman. SECTION 2. The Chairman shall preside at all meetings of the Design Review Board and shall have the duties normally conferred by parliamentary usage on such officer. The Chairman shall have the privilege of discussing all matters before the Design Review board and to vote thereon. SECTION 3. The Vice - Chairman shall act for the Chairman in his absence. SECTION 4. In the absence of both the Chairman and Vice - Chairman, the members present at such meeting may elect a Chairman pro -tem who shall serve only for the duration of the meeting in which he /she is appointed and shall have all powers of the Chairman for that meeting. SECTION 5. The Secretary of the Design Review Board shall be a member of the Planning Division or that person designated by the City Planner, and is not a member of the Design Review Board. The Secretary shall keep minutes of the Design Review Board proceedings and transactions, prepare the Agenda of regular and special meetings, and perform such other duties for the Design Review Board as are normally carried out by a Secretary. ARTICLE II ELECTION OF OFFICERS SECTION 1. The Chairman and Vice - Chairman shall be elected by and from the members of the Design Review Board. Election of Chairman and Vice - Chairman shall be held at the second meeting of October of each year with the newly elected officers to take their office at the next regular meeting of the Board. SECTION 2. The terms of office for Chairman and Vice- Chairman shall be for one year, and thereafter until their respective successors are elected and qualified. SECTION 3. Vacancies in offices shall be filled immediately by regular election procedure, but for the unexpired term only. • • Design Review Board Bylaws Page 2 ARTICLE III MEETINGS SECTION 1. Regular meetings shall be held on the second and fourth Wednesday of each month at the hour of 6:00 p.m. in the Conference Room of the Council Chamber, City Hall, Downey, California. Such meetings may be adjourned to another location by vote of a majority of the members present after the meeting has convened. When the regular meeting day falls on a legal holiday, the meeting shall be held as prescribed in Section 2 of this Article of these bylaws. SECTION 2. Special meetings may be called at any time by the Uesi gn Review Board during any regular or special meeting, provided the time, place and date of such meetings are publicly announced and recorded in the Design Review Board minutes. Special meetings may also be called at any time by the Chairman, or by the Vice- Chairman in his absence, or by the Secretary on written request of any three of the Design Review Board members, provided that each member shall be given written notice thereof by the Secretary of the time, place, date, and subject of the meeting at least twenty -four (24) hours before such special meeting. Notice of any special meeting shall be posted in the manner prescribed by law. Action on matters at special meetings shall be limited to subjects announced in the call for a special meeting. SECTION 3. If, for any reason, the business to be considered at a meeting cannot then be completed, the Board may at such meeting designate the time for an adjourned meeting to consider any matter that can properly be considered at such meeting, and such action shall serve as adequate notice to all members whether present at the meeting or not. Notice of any adjourned meeting shall be posted in the manner required by law. With respect to members not present, it shall be the duty of the Secretary to employ such reasonable means as may be necessary to notify the absent members. SECTION 4. All meetings of the Board shall be meetings open to the public at all times, and all persons shall be permitted to attend such meetings. The provisions of this Section shall not apply to those matters that occur in closed sessions as outlined by the Brown Act. ARTICLE IV QUORUM SECTION 1. Three members of the Design Review Board shall constitute a quorum for the conducting of business. A simple majority vote of the Board members present ' shall determine whether a motion is approved or disapproved. In those cases where a tie vote results, the motion being voted on shall be deemed denied. Design Review Board Bylaws Page 3 SECTION 2. The three members required who shall constitute a quorum shall be comprised of any three of the following members: * The Board's Architect * The Board's Landscape Architect * The Board's Engineer * The Board's Contractor * The Board's Citizen -at -Large At those meetings where the Board's Architect is not present the "Alternate Architect" shall have authority to act as the Board's Architect. For actions pertaining to signing, the Board's "Business Person's Representative" shall have authority to cast a vote. SECTION 3. The Chairman and every member of the Board present shall vote upon every issue unless abstaining for a reason given; the only exception shall be the Alternate Architect and the Business Person's Representative who shall vote as established in Section #2 above. However, no member shall vote on any case when that case has been reviewed and testimony has been taken, unless he /she was present when that case was discussed or until that member has fully acquainted his /herself with the facts relevant to that case by reading a transcript or listening to a tape recording of the testimony and proceedings pertaining to the subject case. ARTICLE V PROJECT CLASSIFICATION The processing of projects shall be regulated as set out in the Downey Municipal Code and as listed below. Each project shall be reviewed by the City Planner or his designated representative to determine which of the following categories best applies to the planned improvements. Category 11. Projects which Staff can approve at the public counter or with limited in- office review due to their character are: A. Signs consistent with approved sign programs. B. Individual commercial or industrial tenant signs in developments containing two or less tenants which meet all the signing code standards. C. Fences /screening /walls (under 7' high), spas, swimming pools, residential landscape etc. D. Building permits for repair of existing structures involving minor repairs where less than 50% of the building is involved. E. Single-family residential room additions and /or renovation of existing houses /accessory structures. • • Design Review Board Bylaws Page 4 F. Interior tenant improvements which dre to be constructed in do existing building or a building which has been approved by Staff or the Board. G. Improvements which fall into a category established by the Design Review Board as a type of project which can be approved administratively by the City Planner provided the subject project will not have an adverse impact on its surroundings. Category #2. Projects which require a more detailed Staff Review and may, at the City Planner's discretion, require Design Review Board review include: A. Projects listed in category 1 (listed above) which the City Planner concludes requires a more detailed review. B. Second dwelling unit projects and projects involving more than one house on a lot. C. New single - family residential dwellings, one or two stories high, and their accessory structures. D. Modular /prefabricated single - family units and /or other similar structures. E. House relocations F. Tenant improvements in commercial /industrial facilities which the City Planner concludes due to either their scope or nature could have an impact on the area in which they are to be located or, more specifically, where a project will facilitate a change of use for a property. G. Relandscaping /minor exterior alterations to commercial /industrial facilities. H. Projects requiring plan checks which cannot be approved over the counter. I. New signs or face changes for existing signs for businesses not a part of a multiple- tenant center which cannot, due to their design or complexity be approved under category #1B. } J. Tenant signing in an existing center consisting of more than two (2) tenant bays which has not been approved for a master signing • program. K. Solar energy collector /generator systems, roof - mounted equipment, satellite dishes visible from any public way and roof - mounted equipment screening. • Design Review Board Bylaws Page 5 L. Design issues found to be unresolvable at a Staff level may be appealed to the Design Review Board by Staff or the applicant. Category #3. Projects which require Design Review Board review /approval. A. Any project which, due to its character, is subject to a negative declaration or Environmental Impact Report (EIR) under the provisions of the California Environmental Quality Act (CEQA) where the Design Review Board is determined to be that project's lead agency. B. Any project reviewed by the Planning Commission or City Council which conditionally requires a Design Review Board approval. C. Construction of more than two new detached units or a new duplex unit or multiple units on properties zoned R -2 and R -3, and renovations that involve changes which the City Planner determines will have a substantial impact on existing exterior building elevations or front yard landscaping. D. Construction of new multiple - family residential projects or renovation of existing multiple - family residential building's exteriors and /or their landscaping /parking area. E. Construction of new commercial development or renovations of existing commercial building's exteriors and /or their landscaping /parking areas. F. Construction of new industrial development or renovations of existing industrial building's exteriors and /or their landscaping /parking areas. G. Master signing programs for commercial /industrial centers /complexes. H. Proposed signing which the City Planner concludes should be reviewed by the Board. ARTICLE VI ORDER OF BUSINESS SECTION 1. The order of business for regular meetings shall be: 1. Roll Call 2. Approval of Minutes 3. Agenda Changes and the establishing of agenda order with majority approval. • Design Review Board Bylaws Page 6 4. Design Review Board cases 5. Written Communications 6. Oral Communications 7. Staff Report 8. Adjournment SECTION 2. The order of business for special meetings shall be: 1. Roll Call 2. Special Business 3. Written Communications 4. Oral Communications 5. Adjournment ARTICLE VII CONDUCT OF BUSINESS SECTION 1. All business shall be set for consideration at 6:00 p.m., unless otherwise specified by the Chairman or a majority of the Design Review Board members. SECTION 2. The procedure for considering cases shall conform as nearly as possible to the following outline. 1. Chairman identifies the case number and declares the hearing open. 2. Planning Division Staff presents the case report. 3. Chairman calls on applicant and /or his representatives to present their cases. 4. Chairman asks for testimony from those present favoring the approval of the subject case. 5. Chairman asks for testimony from those present opposing the approval of the subject case. 6. Chairman gives applicant time for rebuttal. 7. Chairman asks Board for a motion and second. Design Review Board Bylaws Page 7 8. Chairman asks for Board discussion commencing first with input from Board members whose expertise most directly applies to the subject case. 9. Design Review Board takes appropriate action. SECTION 3. A case before the Design Review Board, which for any reasons cannot be completed may be continued to a later date and an announcement of the date, time and place of the continued hearing shall constitute a sufficient notice to all parties concerned. ARTICLE VIII PROJECT REVIEW SECTION 1. The Design Review Board shall review projects to guide developers to ensure their projects are to be built to standards which protect the City's physical environment, its public health, safety, and general welfare. The Board members present shall each have an opportunity to discuss all aspects of each project. It shall be the Chairperson's responsibility to first call on that Board member whose realm of expertise directly applies to the topic being discused for that member's comments (i.e. architectural review shall be initially discussed by the Board's Architect, etc). The Board shall consider each project to determine its suitability based on the following: 1. To protect and enhance the value of properties by encouraging the use of reasonable design principals and concepts, as related to site planning and individual improvements, and to prevent adverse effects resulting from excessive uniformity or dissimilarity; poor exterior quality and appearance of buildings and structures; inadequate and poorly planned landscaping; and from failure to preserve, where feasible, natural landscape features, open spaces and other similar amenities; and which will result in the impairment of the benefits of occupancy and use of existing properties in such areas; 2. To recognize the interdependence of land values and aesthetics and to provide a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and to encourage the excellence of property development, compatible with the General Plan, and character of the City with regard for the public and private interests involved; 3. To insure that site planning provides adequately designed safety features, especially in the separation of pedestrian walkways and open spaces from vehicular traffic, and parking and access areas; 4. To insure that the public benefits derived from expenditures of public funds for improvements and the beautification of streets and public facilities shall be protected by the exercise of reasonable controls over the character and design of private buildings, structures, and open and Design Review Board Bylaws Page 8 5. To insure the maintenance of appropriate design standards in the vicinity of the Civic Center and Community Hospital areas and to exercise reasonable controls over the character and design of such private buildings, structures, and open spaces as may be necessary to protect the public image, integrity, and property values in such areas. (Added by—, Ord. 536, adopted 12- 13 -77) SECTION 2. The Design Review Board shall make the following findings as it pertains to proper site plan and design features: i. Whether the height, bulk and other design features of all structures planned are consistent with the project's concept; and 2. Whether or not the planned improvements are consistent with the physical character of the community /site and whether they will be in harmony with existing and proposed adjoining developments; and 3. Whether the site's lay -out and the orientation of all structures existing and planned will interrelate with open space, off - street parking, pedestrian and landscaped area and achieve a safe, efficient and harmonious developement; and 4. Whether the development w i l l reflect a total design concept; and 5. Whether the grading of the site will be accomplished with due regard for the qualities of the natural terrain and landscape, including existing trees; and 6. Whether landscape areas have been designed to achieve proper separation and /or screening of storage and parking areas from public view. Visual barriers shall be designed to break up expansive paved surfaces thereby providing a proper interface between paved areas, buildings and their placement on the site. These landscaped areas shall be designed to provide a theme to tie buildings and open spaces together; and 7. Whether signs and lighting have been designed as an integral part of the overall development and whether they are compatible with the surrounding neighborhood; and 8. Whether mechanical equipment and /or machinery including trash area will be properly concealed; and 9. Whether a designer has properly considered the proximity of his project to other land uses, and whether it has been designed to avoid undue impact upon the character or value of residential areas. • • Design Review Board Bylaws Page 9 ARTICLE IX AMENDMENTS AND SUSPENSION SECTION 1. These Rules and Regulations may be amended at any regular meeting or special meeting called for this purpose by an affirmative vote of not less than four members of the Design Review Board. SECTION 2. The Design Review Board may suspend any of these rules and regulations for the duration of a particular meeting by a unanimous vote of all members present at that particular meeting. SECTION 3. The processing of all applications by the Board shall be conducted in keeping with the state's planning streamline act. ARTICLE X DESIGN REVIEW BOARD AUTHORITY SECTION 1. Failure of the Board to follow the procedures established by this Resolution shall not invalidate or otherwise affect any action of the Design Review Board. SECTION 2. These bylaws in no way modify, amend or suspend the Board's or individual Board member's obligations pursuant to the Political Reform Act, Open Meting Law or other applicable statute of statewide concern. These bylaws shall be construed to remain consistent with such statutes, as they may be amended from time to time. — ARTICLE XI SEVERABILITY If any sentence, clause or phrase of these bylaws are for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of these bylaws. The City Council hereby declares that it would have passed these bylaws and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. APPROVED AND ADOPTED by the Design Review Board on this 11th day of July , 1990. -- r . ' an e son, airman Design Review Board ATTEST: Nal T eresa utto , ecretary Design Review Board Bylaws Page 10 APPROVED BY THE CITY COUNCIL this 14th day of August , 1990. Roy L. Paul , ayor ATTEST: y er I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the City Council of the City of Downey at a regular meeting held on the 14th day of t 1990, by the following vote: AYES: 4 Councilmembers: Boggs, Brazelton, Cormack, Paul NOES: 0 Councilmembers: None ABSENT: 1 Councilmembers: Hayden ABSTAIN: Councilmembers I ihl / 1 1' u t c onne , ity ier (//, 100:drbylaw }