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HomeMy WebLinkAbout1982-02-16; City Council; 3457-1; Design Review Board proposal. *' Cl7 r OF CARLSBAD - AGENDA BILL PROPOSED DESIGN REVIEW BOARD 4B# 3457-1 HTG.2-16-82 DEPT. CM RECOMMENDED ACTION: Consider report from Council member Casler ITEM EXPLANATION: At its January 26, 1982 meeting, while reviewing city goals and objectives, the Council discussed the possible need for a design review board. Council member Casler indicated that she would place a report on the agenda. Mrs. Casler's report is attached for Council's consideration. EXHIBITS: Report to City Council from Council member Casler dated February 2, 1982. , February 2, 1982 To: City Council From: Mary Casler Subject: Design Review Board Some City Council Members have expressed an interest in design review for the city so I am re-submitting an agenda bill originally dated August 19, 1975,. "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 William 0 Douglas 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 concern 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, ordinances from 22 California cities were studied and a matrix formed of their requirements. All showed the same concerns. When the subject is considered in relation to Carlsbad, a number of questions arise. What 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 appeals 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 The main purpose of the board is to recognize the inter- dependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit. In ordinances are also stated these purposes : 1. To promote and protect the health, safety and general welfare by conserving the value of property. 2, To encourage the construction of buildings which are compatible and harmonious with surrounding property, and enhance good design to upgrade the entire community. 3. To establish standards and policies that will promote Design Review 2. The majority of cities stress that the broadest possible range of creative design should be encouraged in order to avoid mediocrity and monotony and allow the property owner full and efficient use of his property. Legality of Desiqn Review Boards When the above Durposes are accepted, the legal basis is found: property values, promotion of economic benefits or preser- vation of areas of historical interest is the justification. To grant approval of an application, the board would have to make findinss. such as that cities can regulate' design if protection of 1. 2. 3. 4. 5. That the hesign and location of the proposed development and its relationship to neighborhood existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighbor- hood existing or proposed developments, and that it will not create traffic hazards or congestion. 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. 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 composition, materials, textures and colors. That the proposed use must conform to all the requirements of the zone in which it is located and all other applicable requirements . That the overall 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 design review: the rrQ1l zone, PC zone, subdivision and zoning ordinances. Informal suggestions of design change by staff at the early development stage are a form of advisory design review. But let 1. 2. 3. 4. 5. us consider these points: Major areas of the City are vacant and subject to some form of development. The downtown has deteriorated and redevelopment on some scale is needed. Existing eyesores in the City as some apartment rrboxesrl and eyesores which some nationally franchised rlfast-foodrr concerns erect. Scenic corridors throughout the City 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. Design Review 3. Structure of the Board This rancles from a board of three architects to a nine member commission, with the average board being composed of five members. In many cases the ordinancescall for appointment of members from specific professions, 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 De.siqn Review Standards are usually developed from three areas: siting, building design and landscaping. The following are represen- tative of all. 1. 2. 3. 4. 5. The siting of any structure on the property as compared to the siting of other structures in the immediate neighborhood. All structures shall be in good proportion, have simplicity of mass and detail, shall not strive for picturesque effect; there shall be an appropriate use of materials; colors shall be in good taste and never harsh or garish but in harmony with themselvrs and their environment. 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 signs 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. Existing trees shall be preserved wherever possible. The size, location and arrangement of on-site parking and paved areas and the ingress, egress and internal traffic circulation shall be related to the setting or established character of the surrounding area. Areas of the City to be' Included Except for those cities which established boards primarily to preserve areas or structures of historical interest, cities as a rule included all new construction in excess of two dwelling units; thus, a single family home or duplex would be omitted. Some cities require design review on relocation of buildings, exterior alterations, 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. Sometimes a preliminary review is given soon after the devel- opment is submitted to the Planning Department so suggestions may be made in initial design. In a later, formal review the board may approve, approve with conditions, or disapprove the r Design Review 4. issuance of a building permit In cases of disapproval, the applicant may return with new plans or appeal the decision to the City Council. The Council may alter the decision of the board in any respect. Appeals on items which are subject to review by the Planning Commission are considered by the Commission prior to action by the Council. Action by the Planning Commission includes recommen- dations concerning the appeal of the action of the Design Review Board. Staff Support The Planning Director or his assistant usually serves as secretary of the board and provides staff services necessary for their functioning. Obviously this will add to the department's work load and whether additional staff need be added for this purpose can only be determined by the department's overall work program. Fees fee A reasonable ($10.00 - SO.OO)/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 community, extra costs should be borne by the General Fund. - Recommendation An ordinance establishinq a Desiqn Review Board could have positive, far-reaching effects ubon the visual character and general environment of the City of Carlsbad. The benefits that the community as a whole would derive from the creation of a Design Review Board would outweigh by many times whatever additional costs would be incurred. Existing 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 harmonious because it is in the public interest that they be SO. 4'