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Ordinance 1716ORDINANCE 1716 AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING CHAPTER 2, ARTICLES 1 THROUGH 4, TO TITLE X1 THEREOF, CONSISTING OF SECTIONS 11- 211 THROUGH 11 -246, ESTABLISHING STRUCTURAL DESIGN REGULATIONS AND PROCEDURES, CREATING DESIGN: REVIEW BOARD, PROVIDING FOR MEMBERSHIP, POWERS AND DUTIES THEREOF; AND REQUIRING SUBMISSION OF.PERMIT APPLICATIONS TO SAID BOARD FOR REVIEW OF.DESIGN OF BUILDINGS, IMPROVEMENTS AND STRUCTURES WITHIN CITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AL_AMEDA: Section 1. The Alameda Municipal Code is hereby amended by adding Chapter 2, Articles 1 through 4 to Title XI, consisting of Sections 11 211 through 11 -246, to read: CHAPTER 2, STRUCTURAL DESIGN .REVIEW REGULA- TIONS Article 1. Purpose, Declarations, Findings Sec. 11 -211, Intent. It is the intent of the Citv Council in enacting this Chapter to promote and protect the health, safety and general welfare of the City by conserving the value of property by encouraging . cons- truction of buildings which are compatible and harmonious with the design and use of surrounding properties, and to discourage the construction of buildings which will have a deleterious effect upon, im- pairthe occupancy :of, .or:jeopar- dize the value of, such properties. At the same time it is the intent the review and control Procedures herein accommodate and stimulate a broad range of individual and creative design, so that monotony and mediocrity of construction will be avoided and owners of property are not deprived of the full, efficient and lawful use thereat. Sec. 11 -212, Declarations, Find- ings: The City Council finds and de- termines that inappropriate exterior design of improvements to real property affects adversely the general welfare of residents of the City because such design gives rise to conditions in which: (a) The maintenance, repair, replacement . or improvement of surrounding properties is dis- couraged with resulting degeneration thereof, and there is an accompanying deterioration of conditions which' affect the health, safety, comfort and general welfare of the inhabitants of the area and the inhabitants of the City at large; (b) The most appropriate development of other . properties within the vicinity is impaired; (c) Instability of property values in the general area occurs; (d) The desirability of other properties S within . the vicinity for their classified land uses is af. fected adversely: (e) The proper relationship between the taxable value of said real property in the vicinity and the cost of municipal services to such properties: is threatened; and (f) The benefits of occupancy of other: property within the vicinity are threatened. Sec. 11 -213. Purpose. Land values and construction aesthetics are dependent upon one another if sound land use development is to be successfully promoted. The Purpose of this Chapter is to recognize such in- terdependence, and thereby to assist in the development of architectural Stan- dards and guidelines for all structures, buildings, and improvements to real Property, in the City Article 2. Creation of Design Review Board Sec. 11 -221. Board .Established. Membership Qualifications. There is hereby created a Design Review Board consisting of five (5) members, all of whom shall be residents of the City during incumbency, nominated by the Mayor and appointed by the City Coun- cil: (a) One (1) registered architect; (b) One (1) registered landscape architect, architect, or building designer; (c) One (1) member from the Planning Board; (d) Two (2) members shall be citizens of the City at large with an interest in community design. Sec. 11-222. Term of Office. Removal. The members of the Board shall first be appointed in this mariner: one for a term of one (1) year; one for a term of two (2) years; two for a term of three (3) years; one for a term of four ,(4) Years; or until the successor of any appointee shall be appointed and qualified, The City Council shall desig- nate which of said first members shall serve for the original terms. All such terms shall commence on July 1, 1474. Thereafter members shall be appointed for terms of four (4) years or Until their successors are appointed and qualified. Any member may be removed from the Board by the affirmative vote of four (4) members of the City Council. Seca 11 -223. ' Meetings. Officers. Rules, The Board shall meetatleastonce monthly at such time and place within the City as it may by rule provide. The Board shall select from its membership a Chairman' and Vice - Chairman who shall each serve for one (1) year terms or until successors are appointed. The Planning Director or his desig- nate shall be the Board's Secretary, and he shall cause minutes and records of the Board's meetings to be kept. Three members of the Board shall constitute aquorum for the transaction of its business. The Board: shall adopt such rules and procedures for the tran- saction of its duties and business as it may deem necessary, desirable or appropriate. Sec. 11 -224, Joint Meetings. Referrals. The Design Review. Board . herein established shall meet in joint session with the City Planning Board at least: once each calendar.'. year, Whenever the Design Review Board in its sole discretion determines that is- sues involved in a particular applica- tion within its purview relate directly to land use considerations and therefore should be decided by the Planning Board, the Design Review Board shall suspend its review Process and refer the matter to the Planning Board for determination; Such determination shall be binding as to any or all issues so referred. Alameda City Ordinances Irli...,, Np, 1 71 C New Series Sec. 11-225. Appeal From Decision Of Board. The applicant, or any affecte d party, or any member of the Planning Board, or of the City Council, who is dissatisfied with the final determina- tion, finding or decision of the Design Review Board may appeal to the City Council, by filing a notice thereof within fifteen (15) days after said decision with the Secretary, setting forth specifically wherein it is claimed the Board erred, or exceeded or abused its discretion, or wherein said decision is not supported by the evidence in the light of the whole record, The Secre- tary shall transmit said notice of op- peal, along with the Board's record, to the City Clerk, who shall thereupon set the matter for hearing by the City Council at a regular meeting held not less than fifteen (15) days after receipt of such notice. The City Clerk shall no tify appellant of the time and place of the hearing at least five (5) days prior thereto. The decision of the City Council, following said hearing, shall be evidenced by minute order, and shall be final and conclusive upon the mat- ter. Article 3. Design Review Regulations Sec. 11-231. improvements Subject To Review. The Design Review Board shall review, and approve or disapprove, the design of each improvement for which a building Per- mit, license, certificate or other relevant municipal entitlement is required, except (a) single family dwellings, appurtenances and acces- sory improvements, and additions or repairs to either, in districts classified R-1 (excepting R-1-PD) under Chapter I of this Title Xl; (b) additions or repairs to any existing improvement if no change to the exterior thereof is to be made; and (c) anv addition or repair to an existing improvement if the total value of additions and repairs to such improvement is less than $1,000.00 in any twelve (12) month period. "Improvement,'' as used in this Chapter, shall be construed liberally, and shall include the construction, reconstruction, alteration and repair of all buildings, structures and facilities permanently affixed to real property, and appurtenances thereto. No improvement subject to the review herein required shall be constructed, reconstructed, located, repaired, al- tered, or maintained except in accor- dance with a design which is approved as provided in this Chapter. sec. 11-232. Applications For Review Of Design. Any person or entity proposing to con- struct or locate within the City any improvement subject to design review shall, before applying for a building permit or other entitlement, file an application for review of its design w ith the Secretaryof the Board. The form of such application shall be as required by the Board, shall be accompanied by architectural and site development drawings to scale, and shall include: (a) Site plan: (1) roof Plan of building; (2) location of existing and proposed structures, including signs: (3) location of existing trees or natural attributes; (4) location of off-street parking and loading facilities; (5) location and dimensions of street and highway dedications; (6) location of points of entry and exits for vehicles and internal circulation patterns; (7) location at walls and fences and the indication of their height and material of construction; (8) exterior fighting standards and devices; and (9) grading and slopes where they af- fect the relationship of the buildings. (b) Copies of architectural drawings, including: (I ) plan to scale; (2) four elevations to include all sides of development; and (3) (optional) perspectives, model, or other suitable graphic materials, (c) Architectural drawings in clicating the location, size, color, shape and type of illumination of such proposed sign. (d) Landscaping: Plans showing proposed landscaped areas and general descriptions at landscaping to be ins- talled together with a layout of the irrigatin system and the manner by which the landscaping will be main- tained, (Detailed landscape Plans shall be submitted and approved prior to framing inspection.) (e) Color, materials and texture Palette. (f) all provisions for and design of the following appurtenances if visible from the exterior: (1) stairs and ramps; (2) refuse, storage and pickup areas; (3) utility lines, meters and meter boxes; (4) flues, chimneys and exhaust fans; (5) sun shades, awnings and louvers; (6) balconies and decks; (7) mechanical equipment visible from the exterior; (8) penthouses; (9) loading docks; (10) downspouts; and (11) antennas, (g) Other information which is per finentand which the Board may require of all applicants. Sec, 11-233. Fee Schedule. The application shall be accompanied by a fee based upon the land use district, and nature and type of improvement in ac- cordance with the following schedule (a) R -1 -PD, and all other R Districts: $25.00 (b) All R-PD districts (over 100 units): $25.00 plus $5.00 for each unit in excess of 100. (c) A-P, C-1, C-2, C-M, M-1, and M-2 districts: 550.00. Said fees are for the purpose of ad ministering this Chapter and not for revenue. Sec. 11-234. Action On Application. The Board shall consider the materials submitted in the application within thirty (30) days after its filing, and shall within a reasonable time thereafter is- sue its determination of approval or disapproval, and, where appropriate, conditions which applicant must meet. Any applicant dissatisfied with condi- tional approval may appeal any or all of said conditions in accordance with Section 11-225. Sec. 11-235. Evaluation By Board. The Board, in making its examination of the materials submitted with the application, shall consider these as- pects for conformance with the Purpose of this Chapter: Alameda Ordinance New Series (a) A project's design concept should be consistent with the design pur- poses of the General Plan. (b) A project's concept should be compatible with the project's en- vironment and appropriate to its site and function. (c) A proposed project should Promote harmonious transitions in scale and character in areas between different designated land uses. (d) A proposed project should express a compatible and appropriate sense of identity with its function. (e) Planning and siting of the various functions and buildings on the property should .create an internal sense of order, and Provide a desirable environment for occupants and users. (f) There should be an adequate amount and arrangement of open space and land landscaping for the type of construction and the function of the building. (g) Signs should be planned architectural .features to avoid dominating the site or overwhelming the building to which they are attached. (h) Natural features should be Preserved and integrated with the development. (i) The materials, textures, colors and details of construction for a proposed development and its on -site improvements should be an appropriate expression of its design concept and function and should be compatible with adjacent and neighboring build- ings. Article4. Special Provisions Sec. 11.241. Prohibitions. No building permit, license, certificate, entitlement or other approval shall be issued or given by the City or by any department thereof with respect to any improvement subject to design review until the design of the improvement has been approved as in this Chapter Provided. No occupancy certificate or similar approval shall be issued or given for any improvement subject to design review hereunder unless and until the Planning Director has cer- tified such improvement has been completed in accordance with a design approved in accordance with this Chapter. Sec. 11 -242. Nuisance. Any improvement constructed, located, repaired; altered or maintained in violation of the provisions hereof is hereby declared to be unlawful and a public nuisance, abatable in the manner provided for elsewhere in this Code or in the general law: Sea 11 -243. Other Public Agen- cies. Insofar as permitted by law, or by the agency involved, the Design Review Board shall review the design of all improvements to be constructed by any public dis- trict or any governmental agency. Such review shall be in accordance with the factors and criteria set out herein above, following which the Board shall submit a written report of its recommendations and com- ments to the body proposing to construct the improvements. Sec. 11.244. Other Regulations. Nothing in this Chapter shall be construed to exempt any person or entity from compliance with any requirement of any other regula- tion or ordinance, nor to amend any such other ordinance. Sec, 11-245. "Design Review Manual — Preparation By Board. It shall be the duty of the Board to prepare a "Design .Review Manual" that will provideguidance to applicants seeking to comply with this Chapter. Said Manual may separate residential, commercial and industrial uses by sections or constitute a separate manual for each of said uses: Graphic illustra- tions may be used as examples of good or bad design and such examples need not be limited to improvements within the City. Said Manual may be revised as experience dictates and examples of approved projects considered successful by the Board should be included therein. Copies of said Manual shall be made available to the public in the Secretary's office. No approval under this Chapter shall be required until the applica- ble Manual or section thereof has been approved by resolution of the City Council and filed with the Secretary of the Board. The Coun- cil may review the Manual at such Periods as it deems appropriate. Sec. 11 -246. Severability. If a sec - tion, subsection, sentence, clause, phrase, or portion of this Chapter is invalid, such invalidity shall not affect the validity of the remaining Portion thereof, and such remarn- ingportion shall continue in effect irrespective of the fact that a sec- tion, subsection, sentence, clause, phrase or portion is declared in- valid. Section 2. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. TERRY LA CROIX, JR. Presiding Officer of the Council Attest: ETHEL M. PITT City Clerk I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 7th day, of May, 1974, by the followingvote, to wit: AYES: Councilmen Beckam, Corica, Hurwitz and President La Croix, Jr. (4) NOES: Councilman McCall (1) ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of May, 1974. (SEAL) ETHEL M. PITT City Clerk of the City of Alameda Legal No. 586— Publish: May 10, 1974.