HomeMy WebLinkAboutAgenda Report - August 20, 2008 K-02AGENDA ITEM *;�
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 17.81 entitled
"Site Plan and Architectural Approval", specifically by Repealing and
Reenacting Sections 17.81.060 pertaining to "Committee Actions" and
Section 17.81.070 pertaining to "Appeals from the Committee".
MEETING DATE: August 20,2008
PREPARED BY: Community Development Department
RECOMMENDED ACTION: Introduce Ordinance Amending Lodi Municipal Code Chapter
17.81 entitled "Site Plan and Architectural Approval',
specifically by Repealing and Reenacting Sections 17.81.060 pertaining to "Committee Actions" and
Section 17.81.070 pertaining to "Appeals from the Committee".
BACKGROUND INFORMATION: The Lodi Municipal Code (LMC) Chapter 17.81 establishes the
requirement for certain categories of building projects to
undergo a formal site plan and architectural review by the City. The LMC establishes the Site Plan
and Architectural Review Committee (SPARC) as the body that will conduct the required site plan
and architectural review. The Planning Commission has recommended that the LMC be amended
to permit a change in the way design reviews are conducted.
Currently, the Site Plan and Architectural Review Committee has the responsibility to review all
projects that are required to undergo a formal design review process. In recent years, there has
been some discussion regarding whether there might be a better process for reviewing the site plan
and architectural merits of these projects. The issue has surfaced largely as a result of isolated
incidents when conflicting conditions were placed on projects reviewed by both the Planning
Commission and SPARC. This situation can result when a project is reviewed by the Planning
Commission for a Use Permit or other discretionary approval and the project is approved with a set
of PC conditions. SPARC then reviews the project, and based on their review, establishes an
additional set of conditions that may in some way conflict with the PC conditions. While conflicting
conditions are an infrequent situation, the Planning Commission requested staff explore whether
there might be a better process to review new building projects to avoid this situation.
The Planning Commission looked at several options to improve the review process. They ranged
from eliminating SPARC to developing a new set of design guidelines for design review. Following
these discussions, the Planning Commission recommended an option that will divide the duties of
site plan and architectural review between the Planning Commission and SPARC. The PC would
review the site and architectural design of all building projects that come before the PC for
discretionary review, which could include use permits, variances and land use changes. The
applicant would obtain both discretionary land use approval and also site plan and architectural
review approval from the PC, and would be subject to a single set of design conditions. Projects
that do not require discretionary approval would continue going to SPARC for site plan and
architectural review and SPARC would develop the conditions of approval for the particular project.
APPROVED:
B ' g, City Manager
This process will streamline the design review process and provide the applicant with a consistent
set of requirements and conditions as part of the design review process.
In order to implement the proposed changes, the Chapter of the Municipal Code regulating site plan
and architectural review will need to be repealed and reenacted to clarify the new responsibilities of
the Planning Commission and the Site Plan and Architectural Review Committee in the design
review process. The proposed changes are reflected in Exhibit A.
Co -Interim Community Development Director
Attachment
1. ProposedAmended Ordinance
17.81.060 Site Plan and Architectural Review.
A. If a project falls into one of the categories of projects listed in Section 17.81.030
and requires site plan and architectural review, the review of the proposed
building project will be done in the following manner:
Planning staff shall review the Site Plan and Architectural Review
application to determine if the project requires discretionary approval (use
permit, variance, etc.) from the Planning Commission in addition to site
plan and architectural review.
2. If a project is determined to require a discretionary approval from the
Planning Commission, the Planning Commission shall aI�e-the p
that reviews the site plan and architectural design of the
project.
3. If a project falls into one of the categories listed in Section 17.81.030 but
does not require a discretionary approval from the Planning Commission,
k1'ie required reviewand approval of the Site Plan and 4rnhi4eGti�T
Review appliGatiensubmittal and plans shall be Gnn&Gtedby the Site
Plan and ArehlteGtUral Review Committee (SPAR-G) SPARC shall review
the site plan and architectural design of the project. The approval body,
whether the Planning Commission or SPARC shall have the faRGtiGR,
duty and power to approve or disapprove the application; or to approve
the application subject to compliance with such modifications or
conditions as it may deem necessary to carry out the purpose of these
regulat�?, the ext al designartasR plan of all prepesed Rew
buildiRgG OF stn UG gyres fer Whieh site plan and arshite Gtr gyral approval aro
required. The approval beryl shall impose si ieh nnnditiensas are
neeessapi to Garry eUt pelinies adepted by errlinanne er reset Mien of the
Gita GOURG+t the Lodi Municipal Code and all other applicable laws and
regulations.
B. Upon approval of submitted plans and after the expiration of the ten-day appeal
period, the building inspector Gaa may issue a building permit. ; provided that all
other provisions of laW have been nemnlied with and eveept as ethepNise herein
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING LODI MUNICIPAL CODE TITLE 17 - ZONING
— BY REPEALING AND REENACTING CHAPTER 17.81
RELATING TO SITE PLAN AND ARCHITECTURAL APPROVAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Title 17 — Zoning is hereby amended by repealing and
reenacting Chapter 17.81 — "Site Plan and Architectural Approval' and shall read as follows:
Chapter 17.81 SITE PLAN AND ARCHITECTURAL APPROVAL
17.81.010 Purpose.
17.81.020 Committee established.
17.81.030 Required.
17.81.040 Application.
17.81.050 Maps and drawings.
17.81.060 Committee action.
17.81.070 Appeal from committee.
17.81.010 Purpose.
The purpose of site plan and architectural review and approval is to ensure compliance with
this title (i.e. zoning ordinance) and to promote the orderly development of the City; the stability
of land values; investment and the general welfare; and to help prevent the impairment or
depreciation of land values and development by the erection of structures, additions or
alterations thereto without proper attention to good site planning and architectural appearance.
17.81.020 Committee established.
There is established a site plan and architectural review committee (SPARC) to assist the
planning commission in reviewing site plans and architectural drawings. The membership of the
committee shall consist of five members. Four of the members shall be appointed to four-year,
overlapping terms by the Mayor with the approval of the City Council. The fifth member shall
be a member of the Planning Commission and appointed by the Planning Commission to serve
a one year term on the committee.
17.81.030 Required.
Site plan and architectural approval is required for the following uses:
A. Residential building proposed to be erected in areas zoned R -GA, R -MD, R -HD, R -C-
P, C-1 and C-2, except single-family dwellings, duplexes and triplexes.
B. Commercial -professional offices and institutional buildings proposed to be erected in
areas zoned R -C -P and C-1.
C. Nonresidential buildings proposed to be erected in areas zoned C-1, C-2 and C -M.
D. Nonresidential buildings proposed to be erected in areas zones M-1 and M-2 which
abut upon areas zones R-1, R-2, R -GA, R -MD, R -HD, R -C -P, C-1 and C-2.
E. Any use requiring a use permit (Ord. 1353 § 1, 1985: prior code § 27-18(c)); or when
the Planning Commission or City Council requires a site plan and architectural review
as a condition of a discretionary permit.
17.81.040 Application.
An application for site plan and architectural review shall be made by the property owner or
agent on an application form provided by the City.
17.81.050 Maps and drawings.
The following maps and drawings, in duplicate, shall be submitted that show the following:
A. A site plan of the proposed structures that compliment the neighborhood and
preserve light and air on adjoining properties;
B. Landscaping and/or fencing of yards and setback area, use of landscaping and/or
wall or fencing for screening purposes;
C. Design of ingress and egress;
D. Off-street parking and loading facilities;
E. Drawings or sketches of the exterior elevations;
F. Designation of location of existing fire hydrants.
17.81.060 Site Plan and Architectural Review.
A. If a project falls into one of the categories of projects listed in Section17.81.030 and
requires site plan and architectural review, the review of the proposed building project
will be done in the following manner:
1. Planning staff shall review the Site Plan and Architectural Review application to
determine if the project requires discretionary approval (use permit, variance,
etc.) from the Planning Commission in addition to site plan and architectural
review.
2. If a project is determined to require a discretionary approval from the Planning
Commission, the Planning Commission shall review the site plan and
architectural design of the project.
3. If a project falls into one of the categories listed in Section 17.81.030 but does
not require a discretionary approval from the Planning Commission, SPARC
shall review the site plan and architectural design of the project. The approval
body, whether the Planning Commission or SPARC shall have the power to
approve or disapprove the application; or to approve the application subject to
compliance with such modifications or conditions as it may deem necessary to
carry out the purpose of the Lodi Municipal Code and all other applicable laws
and regulations.
B. Upon approval of submitted plans and after the expiration of the ten-day appeal period,
the building inspector may issue a building permit.
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17.81.070 Appeals.
Any actions of the Site Plan and Architectural Review Committee on matters referred to in this
chapter may be appealed to the Planning Commission by filing, within ten business days, a
written appeal to the Community Development Director. Any action of the Planning
Commission on matters referred to in this chapter may be appealed to the City Council by
filing, within ten business days, a written appeal to the City Clerk. The appeal shall be
processed in accordance with Chapter 17.88, Appeals, of the Lodi Municipal Code.
Section 2 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. In the event that any portion of this Ordinance is determined to be invalid or
illegal then the entire Ordinance will be repealed and reenacted back to its form prior to
September 21, 2005.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a daily
newspaper of general circulation printed and published in the City of Lodi, and shall be in force
and take effect 30 days from and after its passage and approval.
Approved this day of , 2008
JOANNE MOUNCE
Mayor
Attest:
RANDI JOHL
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was
introduced at a regular meeting of the City Council of the City of Lodi held August 20, 2008,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held , 2008, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
3
I further certify that Ordinance No. was approved and signed by the Mayor of the date of
its passage and the same has been published pursuant to law.
RANDI JOHL
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
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Amending Site-Pla-n &
Architectural Review
City Council
August 20, 2008
Community Development
.%M.
Purpose for change
. Eliminate the opportunity for conflicting
between PC and SPARC
. Streamline the review process
. Site plan is considered in the review of an
entitlement (i.e use permit or variance)
. Result in better design and enforceable
conditions
Alternative 1 — Eliminate SPARC
. -M sJn-t-b-ut--overb-urd-ensPC
Eli rn m ate sp o t-e�ia dor co n flic� ut,
approach is too broad
. Staff could review non -discretionary
applications but inconsistent with intent of
ordinance
Alternative 2 — Divide Duties
■ -M S 711th Cl t77111tf10 gt-o17 e"'1"d 21'TI -P�
Efirnina�es pot—enit'i-al—for conflict y
those projects that are at risk
. Consistent with the original intent of the
ordinance
Alternative 3 — Improve Guidelines
. �i�l-very-ti-rrr��nt�rrsiv�t�crUat�tfr�
guit[Cflines needed
• Would reduce the potential of conflict but
not eliminate it
. To work properly this approach would
require the formation of districts
Conclusion
• On June 25t" PC Voted unanimously for Alt
#2
• Staff presented the alternatives to the
Shirt Sleeve on August 5