Note: Prior ordinance history: Ords. 756, 848 and 94-884.
A.
The
City Council of the City of Imperial Beach does find and declare:
1.
That
the appearance of open spaces, buildings and structures visible from
public streets has a material and substantial relationship to property
values and the taxable value of property;
2.
That
many neighborhoods in other urban communities have deteriorated in
the past by reason of poor planning, neglect of property design standards
and the erection of buildings and structures unsuitable to and incompatible
with the character of the neighborhood, resulting in poor design,
possible reduction of property values and the impairment of the public
health, safety and welfare therein;
That it is the policy of the City to avoid and prevent community
deterioration by the various means provided for in this chapter; and
3.
This
chapter is adopted pursuant to the appropriate provisions of the planning
and zoning laws of the State of California, Government Code Section
65000 et seq.
B.
It
is therefore the declared intent of the City that this chapter shall
serve the following purposes:
1.
To
improve the general standards of orderly development in the City through
design review of individual buildings, structures, signs and their
environs;
2.
To
improve and augment the controls now included in ordinances related
to planning and building and to establish additional standards and
policies that will promote and enhance good design, site relationships
and other aesthetic considerations for all development under design
review as described in this chapter.
(Ord. 97-917 § 1)
A.
Design
review by the Design Review Board is required as follows:
2.
All
commercial development within the City;
3.
All
development requiring site plan review by the Planning Commission
or a conditional use permit;
4.
All
sign permits when deemed necessary by the Community Development Department;
5.
All
City projects, except street repair, resurfacing, etc.
6.
Those
projects referred by the Community Development Department for action.
B.
Design
review by the Community Development Department is required as follows:
(Ord. 97-917 § 1)
The Community Development Department may waive the requirement
of design review when it is determined the development will not have
any significant impact.
(Ord. 97-917 § 1)
Prior to issuance of any permit for the erection, construction or exterior alteration of any building, structure or sign which falls under the jurisdiction of Section 19.83.020, an application must be submitted to the Community Development Department. All submitted applications subject to review by the Design Review Board shall be forwarded to the board by the Community Development Director for the earliest available board meeting.
(Ord. 97-917 § 1)
The Design Review Board in its project review, and the Community
Development Department in its review of projects which do not appear
before the Design Review Board, shall both use the "Design Manual
and Design Review Guidelines" as adopted by the City Council on June
19, 1984, as a guide in reviewing projects throughout the community,
with the exception of those areas for which specific unique design
criteria have been established. In these cases the specific criteria
will be used by the Design Review Board or the Community Development
Department. Specific design criteria for the C/MU-1, C/MU-2, C/MU-3
Commercial/Mixed-Use Zones (Commercial/Mixed-Use Zones Design Guidelines)
that are adopted by the City Council are to be used by the Design
Review Board and the Community Development Department when reviewing
commercial and mixed-use projects.
(Ord. 97-917 § 1; Ord. 2012-1130 § 1)
The Design Review Board may approve the project, approve the
project with conditions, or deny the project.
(Ord. 97-917 § 1)
The Community Development Department shall review projects not
subject to the Design Review Board review. The Community Development
Department may approve the project, approve the project with conditions,
or deny the project.
(Ord. 97-917 § 1)
A.
Notice
of Appeal—Ministerial Projects. Within ten days after a decision
of the Community Development Department, any person may appeal to
the Design Review Board the decision of the Community Development
Department. The appellant shall file a notice of appeal with the City
Clerk who shall immediately transmit a copy to the Community Development
Department and the applicant (in the event the appellant is not the
applicant). The notice of appeal shall specify the person making the
appeal, the decision appealed from, and shall state in clear and concise
language the reasons for the appeal. After the hearing on an appeal,
the Design Review Board may refer the matter back to the community
development director for further consideration, or may reverse, affirm,
or modify the decision of the Community Development Department and
may make such decision as the facts may warrant.
B.
The applicant or any interested person may appeal to the City Council the decision of the Design Review Board granting or denying any conditions or requirements as provided in this chapter. The appeal shall be in writing and shall be filed under the procedures provided in Chapter 19.82 for conditional use permits.
(Ord. 97-917 § 1; Ord. No. 2002-981 § 9)
In the absence of a stated termination date in the approval
of any application, such approval shall terminate and become null
and void one year after the effective date of such approval unless
substantial construction or other action is diligently pursued to
completion. If substantial construction and use of the property in
reliance on a design review approval has not commenced within the
one-year period, such period may be extended by the Community Development
Department, Design Review Board or City Council as appropriate, for
a period not exceeding six months for each application, up to a maximum
of two years from the date of original approval.
(Ord. 97-917 § 1)
An application for an extension shall be made no sooner than
sixty days and no later than thirty days prior to the expiration date
of original approval. If the Community Development Department, Design
Review Board or City Council as appropriate has not acted on an extension
application prior to the project expiration date, the applicant shall
not be deemed to have an approved extension application, but the original
project approval shall be deemed not to have expired until the time
when the extension application has been acted upon. Application for
an extension of a design review shall be in accordance with the requirements
established by the Community Development Department.
(Ord. 97-917 § 1; Ord. No. 2002-981 § 10)
The Community Development Department shall review and evaluate
the requested extension of design review. Within thirty days of receipt
of the application, the application shall be scheduled for action
by the Community Development Department or City Council depending
on which body most recently acted upon the project being considered
for extension.
A.
The
Community Development Department, Design Review Board or City Council
may approve, conditionally approve, or deny, the extension if all
of the following are true:
1.
All
applicable provisions of this title originally placed on the project
as a condition of approval for development are still in force at the
time of the requested extension, or that changes in or additions to
the resolution of approval have enabled the previously approved project
to be in conformance with the code;
2.
That
no change in circumstances has occurred which would cause the originally
approved design review to be in substantial conflict with the current
development regulations; and
(Ord. 97-917 § 1)
