Loading...
HomeMy WebLinkAbout1975-08-19; City Council; 3457; Design Review Board Committee ad hoc comm. reportCITY OF CAF~LSBAD - AGENDA BILL NO. 3g57 Initial: Dept . Hd. C. Atty.VFA DATE : I August 19, 1975 DEPARTMENT : City Council C. Mgr. 3, Subject : DESIGN REVIEW COMMITTEE Ad Hoc Committee Report . Statement of the Matter , Councilwoman Casler was requested by the City Council to prepare a report on the applicability of a design review concept for the City of Carlsbad. Exhibit . Design Review Concept Study dated August 11, 1975 Recommendation 1. . That City Council support the concept of design review. 2. That the staff be instructed to prepare a report on the implementation of a Design Review Ordinance which contains processes, standards, ,districts of special concern, composition of the review board,- and application forms and procedures. Request that the City Council hold hearings on ‘design review study and request input from citizens and interested groups. 3. 4. That the City Council and the Planning Commission hold a joint workshop to discuss the report and citizen input, and to direct staff on the preparation of a Design Review ’ Ordinance for public hearing. Counci 1 action 8-19-75 The Council agreed to table the matter. TO: . FROM:. SUBJECT: N EM0 RAN D UM 51 August 1975 HONORABLE MAYOR AND CITY ,COUNCIL COUNCILWOMAN CASLER REPORT ON PROPOSED DESIGN REVIEK PROCESS FOR THE CITY OF CARLSBAD . "The concept of the public welfare is broad and Inclusive. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, .spacious as well as clean, well balanced as well as carefully patrolled .... If those who govern decide that the city-should be beautiful as well as sanitary, there is no constitutional ' prohibition that stands in the way." Justice Willian 0. Dzuglss United States Supreme Court Berman v.- Parker . Introduction Many cities throughout the country have determined that it is in the public interest to establish design controls. There seems little doubt that aesthetics are a proper area of municipal con- cern and the process known as design review is gaining favor. A survey published by the League of California Cities in February, 1975, shows that over 100, or 40% of the cities in California, have a design or architectural review board or commission. For this report, I have evaluated material supplied by the Leagu'e of California Cities and the AIA Committee on Design. Ordinances from 22 California cities were studied and a matrix formed of their requiremeRts. All showed the same concerns. When the s.ubject is considered in relation to Carlsbad, a number of questions arise. Nhat is the purpose of a Design Review Board? Is it legal? Is it desirable for Carlsbad? How many members should there be and from what fields? What,standards should be developed? How much of the city should be included? Should c dppeals be allowed? How much staff support is required? How about fees? These questions have been explored and the conclusions are presented. Purpose of Design Review Board 4 The main purpose of the board is to recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit. In ordi- . nances are also stated these purposes: 1. To promote and protect the health, safety and general 2. 3. To establish standards and policies that will promote welfare by conserving the value of property. To encourage the construction of buildings which are compatible and harmonious with surrounding property. and enhance good design to upgrade the entire community. The majority of cities stress that the broadest possible range of creative desi-gn should be encouraged in order to avoid mediocrity of his property. . and monotony and allow the property owner-full and efficient use -___-_- Legality - ..--- of Design Review Boards When the above purposes are accepted, the legal basis is found: that cities can regulate design if protection of property values, promotion of economic benefits or preservathn of areas of his- torical interest is the justification. To grant an approval of an application, the board would have to make findings, such as 1. That the design and locatson of the proposed development and its relationship to neighborhood existing or proposed developments and traffic is such that it will not impair the des-irability of investment or occupation in the neigh- borhood, that it will not unreasonably interfere with the use and enjoyment of neighborhood existing or proposed developments, and that it will not create traffic hazards or congestion. 2. That the design and location is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by the General Plan. 3 . That the design and location would provide a desirable environment for its occupants as well. as for its neighbors and that it is aesthetically of good compo- sition, materials, textures and co’lors. - 2- c 4. That the proposed use must conform to all the require- ments of the zone in which it is located and all other applicable requirements. 5. That the over-all development of the land is designed to insure the protection of the public health, safety and welfare. The Need in Carlsbad Carlsbad has many existing regulations which serve site review: the "Q" zone, PC zone, subdivision and zoning ordinances. In addi- tion, the City has used Specific Plans for design review, such as those on the Tri City Auto Center and the Kelly-KurlaJder property. But let us consider these points: 1. 2. 3 .. 4. 5. Major areas of the City are vacant and subject to some form of develooment. If overall coordination is not used, a hodgepodge could result. Landscaping s coordinated as well as design. The downtown has deteriorated and redevelopment scale is needed. Existing eyesores in the city as some apartment and eyesores which some nationally franchised " concerns erect. Contra! nccds tc be excrcjsed. Hill has a "MacOonaid's" with 2 golden arches. ould be on some 'I box e s 'I as t - food " (Pless2nt Scenic corridors throughout the c'ity need the special attention for preservation of views as well as design of structures. The view into or through a project is as important to the community as the view out of or from the project. Preservation of our historical structures surroundings to preserve harmony. - Structure of - the Board This ranges from a board of three architects to a n mission, with the average board being composed of f In select.ing individuals as board members to serve, criteria should be used: 1. Civic responsibility. and their ne membek com- ve members. the following 2. Ability to give objective, effective and constructive, 3. 4.. Diplomacy in exercising judgment. and unprejudiced criticism. Ability to give direction and suggestion to his criticism. -3- c The professional members should be 1 icensed architects or landscape architects, or educators at, or graduates of accredited schools of architecture or landscape architecture. Most ordinances call for appointment of members from specific pro- fessions, requiring that a certain number of members be architects, landscape architects or artists. Frequently a Planning Commissioner serves and a member of the business community completes the board. If general aesthetic concern for the community as a whole rather than strict control of new structures is the role of the board there are few appeals to the City Council. Standards for Design Review Standards are usually developed from three areas: siting, bui design and landscaping. The following are representative of a the ordinances studied: 1. .. 2. 3. 4. 5. ding 1 The siting of any structure on the property as compared to the' siting of other structures in the i.nimediate neighborhood. All structures shall be in good proportion, have sim- plicity of mass and detail, shall not strive for pic- turesque effect; there shaTl be an appropriate use of materia'is, coiors snall be in good taste afid Z~VET hzrsh or garish but in harmony with themselves and their en- i i r o nme n t . The size,. location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed. No sign shall be approved in excess of the maximum limits set by ordinance, but the size or number of sjgns may be reduced below the maximum number or limits. Landscaping shall be required and shall be in keeping with the character or design of the building. The size, location and arrangements of on-site parki.ng and paved areas and the ingress, egress and internal traffic ci.rculation shali be related to. the setting or establish.ed character of the surrounding area. -. Areas of the City Included Except for those cities which established boards primarily to pre- serve areas or structures of historical interest, cities as a rule tncluded all new construction in excess of two dwelling units: thus, ', . -4- a single family home or duplex uauld he omitted. require design review on relocation of buildings, exterior altera- tions, additions to or repainting of public buildings, but these were found to be extreme examples. Procedures and Appeals Cities vary in timing of applications to Design Review-Boards. Some have review soon after the project is submitted to the Planning De- partment so suggestions may be made in initial design. In some cases design review precedes Planning Commission action; in some cases, it follows it. Some cities If no Planning Commission appr.ova1 is'required, the project must be approved by the Design Review Committee before a building permit is issued. In instances where property rezoning or other planning ap- proval is required, completion of design review precedes such con- sideration, thus insuring projects presented for planning approval are in acceptable design form. This will have a significant effect on existing Planning Commission activities, freeing them from the detail of pla.nning and allowing them a comprehensive total planning approach necessary for today's city. The Design Review Board may approve, approve with conditions, or disapprove the issuance of a building permit. In cases of dis- apyrovai, the applicant my return with new plans or appeal the decision to the City Council. The Council may alter the decision of.the Board in any respect, in compliance with the ordiriance. Staff Support - No cities had staff specifically for design review. In some cases the.Board was supported by the Building Department, but more usually by the Planning Department. The Director or his assistant usually serves as secretary to the Board. Obviously this adds to the De- partment's workload, and in cases where this was mentioned, the estimate was for ?i a person. This can only be determined by the Department's overall work program. Fees A reasonable fee ($10 - $50) is justified on the basis of additional costs and to preclude frivolous appeals. Since the establishment of the Board is to improve the appearance of the entire communixy, extra costs should be borne by the General Fund. Summary An ordinance establishing a Design Review Board could have positive,, far-reaching effects upon the visual character and general environ- ment of the City of Carlsbad. The benefits that the community as 3. c Nhole would deriye from the creatian 'of a Design Review Board would outmigh. by many times whatever addi.tiona1 costs would be incurred. Exi'sti'ng ordinances require that buildings shall be safe, sound and properly used because it is in the public interest that they be so. That interest should now be extended to require buildings be safe, sound, properly used and aesthetically harma'nious because it is in the.public interest that they be so. RECOMMENDATION: 1. The City Council of the City of .Carlsbad support the concept of design review. 2. The staff be instructed to prepare a report on the implementa- tion of a Design Review Ordinance, which contains processes, standards, districts of special concern, composition of the review board, and application forms and procedures. 3. Request that the City Council hold hearings on design review study and request input from citizens and interested groups. 4; The Cjtx Cauncil and Planning Commission hold a joint workshop to discuss the report and citizen input, and to direct staff on preparation of ordinance for Publ'ic Hearing. 5. The City Council to hold Public Hearing on Design Review Crdinznce. . -. .\ -6-