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BELVEDERE PLANNING COMMISSION STAFF REPORT ITEM NO. 8. REPORT DATE: 6/15/2012 MEETING DATE: 6/19/2012 REPORT WRITTEN BY: Felicia Wheaton, Community Development Dir./ACM REPORT REVIEWED BY: George Rodericks, City Manager SUBJECT: Revised Administrative Policy Regarding Interpretation of Section 20.04.140 of the B.M.C., Materials and Colors LOCATION: Citywide ATTACHMENTS: 1. Administrative Policy Manual Chapter 324. "Revised Appropriate Colors & Materials" Policy 2. Belvedere Municipal Code Design Review Section 20.04.140 Materials and Colors Used 3. Belvedere General Plan, Community Design Element, Goal CD-4: Encourage materials and colors that reinforce community character CEQA STATUS: Exempt - CEQA Guideline 15061 (b)(3) BACKGROUND The Belvedere Administrative Policy Manual (APM) is a compilation of official policies for various administrative functions of the City, adopted and amended by City Council resolution. Planning Department policies include, "Removal of Significant Trees," "Fence Repair and Replacement," "Appropriate Colors and Materials," and "Exemptions from Design Review," to name a few examples. Policies are interpretations of existing law, codified in the Belvedere Municipal Code (BMC). On May 15, 2012, the Planning Commission considered changes to the Appropriate Colors and Materials Policy. The Commission made several comments, recommended revisions, and directed staff to bring back the Policy for further discussion at a future meeting. ANALYSIS This report proposes amendments to the current "Appropriate Colors and Materials" Policy, reviewed and approved by the Planning Commission on January 20, 2009 and by the City Council on May 11 , 2009. A copy of the BMC Design Review Section 20.04.140 Materials and Colors Used is included for reference as Attachment 2. A copy of the Belvedere General Plan, Community Design Element, Goal CD-4: Encourage materials and colors that reinforce community character is included for reference as Attachment 3. POLICIES AND LAWS Policies are interpretations of existing law as codified in the Municipal Code. The proposed revised policy is not changing the law; rather, it refines an existing interpretation of the law. Where the law does not specifically speak to a certain issue, staff is tasked with the job of interpreting the law. For example, Code Section 20.04.140 Materials and Colors Used states, Staff Report for Revised Materials & Colors Policy June 19, 2012 Page 2 "Soft and muted colors in the earth tone and wood tone range are preferred and generally should predominate. Other colors and materials are acceptable only if the Planning Commission determines they are appropriate for the building setting, and are compatible with those of other buildings in the vicinity. Trim and window colors should be compatible with and complementary to the other building colors" (bold italics added for emphasis). The current Colors and Materials Policy defines "earth tone" and "wood tone" colors so that the Planning Commission, planning staff, and applicants may have a mutual understanding of the directives of the law. The law is specific in its language that planning staff has limited authority in approving colors outside of the "earth tone" and "wood tone" range. In addition, in Section 20.04.015 of the Belvedere Municipal Code, Structures and improvements · subject to design review-Exemptions ... , sub-section B(l) exempts from the Design Review regulations changes that are consistent with Section 20.04.140 as interpreted in the Administrative Policy. Sub-section B(l) states that the categories of exempt changes include those "Changes in color(s) and/or roof or siding material(s) of an existing structure, when such changes are consistent with the provisions of section 20.04.140." Planning policies are reviewed by the Planning Commission and adopted by the City Council. A policy can be modified as long as the revision is consistent with the Municipal Code and with the General Plan. The Community Design Element of the Belvedere General Plan describes the following background for the policies applicable to the Belvedere streetscape: "Low stone walls, natural materials, fences with landscaping, hedges, native trees and vines have been identified as being consistent with Belvedere's character. A copy of the Belvedere General Plan, Community Design Element, Goal CD-4: Encourage materials and colors that reinforce community character is included as Attachment 3. REVISED POLICY Attachment 1 of this report is the new Revised Appropriate Colors and Materials Policy for consideration. Proposed deletions are shown crossed out; proposed additions are underlined. In response to comments from the Commission at the last meeting, the following items are proposed changes to the Revised Appropriate Colors and Materials Policy Section 324.07: Item 1. Delete the words "non-glossy." Item 2. The second sentence has been deleted. Item 3. The second sentence has been deleted and replaced with "White and off-white are considered complementary trim colors and may be used on house trim, including windows and doors, as well as on garage doors, fences, and other architectural elements. The front door to a residence may be any color desired by a property owner." Existing fences in Belvedere are predominantly natural materials or painted shades of brown and grey. However, the Planning Commission has approved three Design Review applications for white and off-white paint color on new fences since August of 2011 without controversy. Staff notes that under the revised policy an applicant would be able to paint an existing fence white or off-white without Design Review application or notice to adjacent neighbors. Under the Staff Report for Revised Materials & Colors Policy June 19, 2012 Page 3 revised Appropriate Colors and Materials Policy, the City would deem the change exempt from Design Review pursuant to Section 20.04.015(B)l of the Belvedere Municipal Code. Item 4. The word "vertical" has been added and the second phrase of the first sentence has been deleted. (Staff notes that the policy applies to Staff Level approvals only.) Item 5. The words "window sashes" has been deleted. Item 6. The word "darker" has been deleted. As policies are solely interpretations of existing laws, they must be consistent with the Municipal Code and the General Plan. Proposed policy revisions that are not consistent with the governing laws require further study to enact an amendment - ordinance changes and possible amendments to the General Plan could be necessary to enact changes. Staff recommends that the proposed Revised Colors and Materials Policy is consistent with the Municipal Code and the General Plan. A Planning Commission Sub-Committee has been formed to further discuss potential changes to the Design Review Ordinance (the law) in future public meetings with community input. The outcome of these public meetings will be presented to the full Planning Commission. Based on the comments at the May 15, 2012 Planning Commission meeting, the Sub-Committee may wish to recommend an expedited review procedure for building colors and materials beyond the changes to the Administrative Policy described in this staff report. The full Planning Commission will consider the findings of the Sub-Committee and will make their recommendation to the City Council. The City Council is the representative body with the authority to make changes to the Belvedere Municipal Code. RECOMMENDATION MOTION: Recommend City Council approval of the Revised Administrative Policy Regarding Interpretation of Section 20.04.140 of the Belvedere Municipal Code, Materials and Colors Used. CHAPTER 324. REVISED APPROPRIATE COLORS & MATERIALS 324.05 BACKGROUND On December 16, 2008, and January 20, 2009, the Planning Commission reviewed a written interpretation of Belvedere Municipal Code Section 20.04.140, "Materials and Colors Used," which was developed to clarify appropriate direction to applicants regarding administrative or staff-level Design Review determinations. The policy maintains applicants' and residents' ability to request Planning Commission approval for any project color or material on a case-by-case basis. The policy also addressed long-standing procedures used by the City in the construction of street repairs, park improvements, and utility projects. One resident addressed the Commission and raised concerns about the possibility that the policy could guide Planning Commission decisions. The Commission adopted a motion recommending the policy with changes, including wording to clarify that the policy is for administrative decisions only. 324.06 COMMENTS Staff approvals of new colors and materials are necessarily conservative. The Planning Commission has greater leeway under the Belvedere Municipal Code to review project colors and materials. A succinct policy that defines staffs interpretation of the Code encourages a consistent application of the criteria and provides further guidance to applicants seeking City approvals. Irrespective of this policy, applicants retain the ability to request Planning Commission approval for any project color or material on a case-by case basis. 324.07 INTERPRETATION OF SEC. 20.04.140 FOR STAFF LEVEL APPROVALS ONLY These guidelines for interpretation shall apply to Staff Level approvals only, and not to Design Review applications under consideration by the Planning Commission who has a greater authority under the Architectural and Environmental Design Review Code. 1. "Earthtone" colors appropriate for use on Belvedere structures