CITY OF VNC MIRAGE
m
STAFF REPORT
TO: Mayor and City Council
FROM: Majna Dukic, Development Services Director
Steven B. Quintanilla, City Attorney
DATE: July 20, 2023
SUBJECT: Establishment of Architectural Review Working Group In lieu of Architectural Review Board
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council:
A. Introduce Ordinance No. (Next -in -Order), 1st Reading, repealing Chapter 2.30 Architectural Review Board of the Rancho Mirage Municipal Code; and B. Adopt Resolution No. 2023-(Next-in-Order), establishing an Architectural Review Working Group to provide Technical Assistance to the Development Services Director or designee regarding pending development entitlements under consideration by the staff of the Planning Division.
JUSTIFICATION OR INFORMATION
BACKGROUND
The City's Architectural Review Board (ARB) is comprised of architects, landscape architects and design professionals that review and provide field specific technical comment on Planning projects brought before them. The nature of the Board is more technical than some Boards and Commissions as members are required to be licensed and review plans and designs for conformance with not only Rancho Mirage standards, but general building codes and standards as well. Given the fact that the ARB conducts more technical reviews, projects may require multiple rounds of review and the applicant may need to provide clarification or minor changes along the way as the review progresses. This at times creates processing and entitlement delays for projects as a meeting must be called and held in order to consider, review or provide technical assistance to staff on any portion of a project. In order to create a more efficient and productive project entitlement process, staff proposes the creation of an Architectural Review Working Group. The Working Group would create a more streamlined process for staff to coordinate reviews and receive technical assistance from architects, landscape architects and design professionals as needed for projects going through the entitlement process resulting in a better project.
AGENDA ITEM #
14-1
DATE: July 20, 2023 Page 2 of 3
ARB Working Group
JUSTIFICATION OR INFORMATION CONTINUED
In light of the foregoing, staff is recommending that the City Council dissolve the Architectural Review Board ("ARB") by introducing and adopting an ordinance repealing Chapter 2.30 Architectural Review Board of the Rancho Mirage Municipal Code, and adopting a resolution that establishes in lieu of the ARB, an Architectural Review Working Group to provide Technical Assistance to the Development Services Director or designee regarding pending development entitlements under consideration by the staff of the Planning Division.
Architectural Review Working Group
The proposed Architectural Review Working Group will consist of at least three members who will be tasked with providing technical assistance to Staff regarding building design, structural design, resort design, architecture, landscape design, environmental design, and the like, related to any development entitlements under consideration by the staff of the Planning Division. The Development Services Director, or designee, will be able to request technical assistance or review from any given member of the Architectural Review Working Group without requirement that the full working group be included in the request. Members will be able to provide individual and independent technical assistance based on the respective member's area of expertise and/or level of experience. There will be no need for a quorum of the working group to meet or review as assistance may be provided by any given member. The Development Services Director will have the authority to recommend or impose any conditions of approval based on the assistance or review provided.
The City Manager or designee will appoint members to the Architectural Review Working Group consisting of any combination of architects, landscape architects or design professionals. The members of the Architectural Review Working Group will serve on an at -will basis and may be subject to summary removal by the City Manager. The City Manager will also be authorized to increase or decrease the number of members of the Architectural Review Working Group. The members of the Architectural Review Working Group will serve one-year terms commencing July 1 of each year until the following June 30.
The Architectural Review Working Group will not be subject to the provisions of the Ralph M.
Brown Act since Architectural Review Working Group will not be acting in the capacity of a "legislative body" since the purpose of creating the Architectural Review Working Group is to provide the Development Services Director or designee with access to certain trusted professionals who are expected to provide their individual and independent technical assistance based on the individual member's area of expertise and/or level of experience, without the need of obtaining any sort of collective concurrence of a majority of the members of the Architectural Review Working Group.
City Attorney's Independent Analysis
Since the proposal to establish an Architectural Review Working Group involves not only a resolution establishing the Architectural Review Working Group, but also an ordinance repealing Chapter 2.30 Architectural Review Board of the Rancho Mirage Municipal Code, the City AGENDA ITEM #
14-2
DATE: July 20, 2023 Page 3 of 3
ARB Working Group
JUSTIFICATION OR INFORMATION CONTINUED
Attorney is required to make determinations which address whether the City has the legal authority to adopt the ordinance repealing Chapter 2.30.
Rancho Mirage Municipal Code Section 1.04.031 (Review And Approval Of Legal Form Of Ordinances By City Attorney) provides that "[n]o ordinance shall be deemed effective unless the City Attorney determines that the City has the authority to adopt the proposed ordinance, that the proposed ordinance is constitutionally valid under the state and federal constitutions, and that the proposed ordinance is consistent with the general powers and purposes of the City, the City's Charter, ordinances approved by the voters, and any applicable federal and/or state laws.
In light of the foregoing, it is the independent opinion of the City Attorney that based on the content and findings in the Staff Report and proposed ordinance, that the City Council has the legal authority to adopt the proposed ordinance repealing Chapter 2.30 since the proposed ordinance is constitutionally valid under the state and federal constitutions, is consistent with the general powers and purposes of the City, the City's charter, ordinances approved by the voters, and applicable federal and state laws.
ATTACHMENT(S):
1. Ordinance repealing Chapter 2.30 Architectural Review Board of the Rancho Mirage Municipal Code.
2. Resolution establishing an Architectural Review Working Group to provide Technical Assistance to the Development Services Director or designee regarding pending development entitlements under consideration by the staff of the Planning Division.
AGENDA ITEM #
14-3
ATTACHMENT 1
ORDINANCE
(SEE ATTACHED)
14-4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, REPEALING CHAPTER 2.30 ARCHITECTURAL
REVIEW BOARD OF THE RANCHO MIRAGE MUNICIPAL CODE
WHEREAS, the City of Rancho Mirage ("City") is recognized as a charter city and a political subdivision of the State of California for certain purposes, and WHEREAS, the City Council has determined that it is more efficient and expedient to utilize the expertise and experience of licensed landscape architects, architects and other certain professionals to directly provide technical advice to designated Planning Division staff on as -needed and as -requested basis rather than on a routine basis during the land use entitlement review process; and
WHEREAS, in lieu of the Architectural Review Board, as described in Chapter 2.30 Architectural Review Board of the Rancho Mirage Municipal Code, the City Council prefers to create an Architectural Review Working Group consisting of any combination of architects, landscape architects and/or interior design professionals for the purpose of providing, at the request of the Director of Development Services or designee, from time to time, technical assistance to the Director of Development Services or designee regarding building design and construction, structural design, resort design, architecture, landscape design, interior design or decoration, craftsmanship, environmental design, and the like, related to any development entitlements under consideration by the staff of the Planning Division.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.
Section 2. REPEAL OF CHAPTER 2.30 ARCHITECTURAL REVIEW
BOARD OF THE RANCHO MIRAGE MUNICIPAL CODE
That Chapter 2.30 Architectural Review Board of the Rancho Mirage Municipal Code is hereby repealed in its entirely as follows:
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Section 3. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 4. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed.
Section 5. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption.
Section 6. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid, and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC.
Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on , 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
13 14-12
Richard W. Kite, Mayor
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Steven B. Quintanilla, City Attorney
14-13
ATTACHMENT 2
RESOLUTION
(SEE ATTACHED)
14-14
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE ESTABLISHING AN ARCHITECTURAL REVIEW WORKING
GROUP TO PROVIDE TECHNICAL ASSISTANCE TO THE
DEVELOPMENT SERVICES DIRECTOR OR DESIGNEE REGARDING
PENDING DEVELOPMENT ENTITLEMENTS UNDER CONSIDERATION
BY THE STAFF OF THE PLANNING DIVISION
WHEREAS, the City of Rancho Mirage ("City") is a charter city and recognized as a political subdivision of the State of California for certain purposes; and WHEREAS, a Community Design Element was incorporated in the City's General Plan for the purposes of defining the City's most important design goals and guiding new development that enhances the City's identity in a manner that distinguishes the City from its neighboring jurisdictions; and WHEREAS, the City's identity is formed by its beautiful desert context, expansive views, and high -quality of development, which is reflected in architecture and landscaping alike; and
WHEREAS, in an effort to achieve the goals set forth in the Community Design Element of the City's General Plan, staff has proposed that an Architectural Review Working Group be established for the purpose of providing, at the request of the Development Services Director or designee, from time to time, non -binding technical assistance to the Development Services Director or designee regarding building design, structural design, resort design, architecture, landscape design, interior design or decoration, craftsmanship, environmental design, and the like, related to any development entitlements under consideration by the staff of the Planning Division.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, DOES HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated herein by this reference.
Section 2. ARCHITECTURAL REVIEW WORKING GROUP
That an Architectural Review Working Group consisting of at least three members is hereby established for the purpose of providing, at the request of the Development Services Director or designee, from time to time, technical assistance to 14-15
the Development Services Director or designee regarding building design, structural design, resort design, architecture, landscape design, interior design or decoration, craftsmanship, environmental design, and the like, related to any development entitlements under consideration by the staff of the Planning Division.
Section 3. MEMBERSHIP
That the City Manager or designee shall appoint members to the Architectural Review Working Group consisting of any combination of architects, landscape architects and/or interior design professionals. The members of the Architectural Review Working Group shall serve on an at -will basis and may be subject to summary removal by the City Manager with or without cause and without a right to appeal the City Manager's decision. The City Manager shall also be authorized to increase or decrease the number of members of the Architectural Review Working Group Section 5. TERMS
That members of the Architectural Review Working Group shall serve one-year terms commencing July 1 of each year until the following June 30.
Section 6. REQUEST FOR TECHNICAL ASSITANCE
That the Development Services Director or designee may request technical assistance from any given member of the Architectural Review Working Group based on the member's area of expertise and/or level of experience. There shall be no requirement that any request for technical assistance be provided to the entire membership of the Architectural Review Working Group since the purpose of the Architectural Review Working Group is to provide the Development Services Director or designee with the members' individual and independent technical assistance based on the respective member's area of expertise and/or level of experience. As such, there shall be no need for the Architectural Review Working Group to meet for the purpose of obtaining any sort of collective concurrence regarding any technical assistance provided to the Development Services Director or designee by any given member of the Architectural Review Working Group.
Section 7. NON -BINDING TECHNICAL ASSITANCE
That the Development Services Director or designee shall have the sole discretionary authority to determine whether to report, recommend, adopt or impose any conditions of approval based on any technical assistance provided by any member of the Architectural Review Working Group to the Development Services Director or designee.
Section 8. RALPH M. BROWN ACT
14-16
That the Architectural Review Working Group shall not be subject to the provisions of the Ralph M. Brown Act since Architectural Review Working Group will not be acting in the capacity of a "legislative body" since the purpose of creating the Architectural Review Working Group is to provide the Development Services Director or designee with access to certain trusted professionals who are expected to provide their individual and independent technical assistance based on the individual member's area of expertise and/or level of experience, without the need of obtaining any sort of collective concurrence of a majority of the members of the Architectural Review Working Group.
Section 9. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 10. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
Section 11. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
Section 12. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Resolution, enter the same in the book for original resolutions of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED this
2023.
Richard W. Kite, Mayor
day of
14-17
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Steven B. Quintanilla, City Attorney
14-18