Compton Municipal Code § 24-6 Exterior Surface Treatment of Buildings and Structures

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 1907.

[Ord. #2044, § 1]

The purpose of this section is to establish standards and procedures for the selection of colors and materials applied to building exteriors and structures along the City's major thoroughfares to improve architectural continuity and to lessen the prevalence of graffiti and facilitate its removal.

[Ord. #2044, § 1]

a. These regulations shall apply to all buildings and structures, whether residential, commercial, institutional or industrial, located on those streets listed in subsection 24-6.4, except those buildings and structures owned/operated by other governmental agencies exempt from the City of Compton permitting process.

b. All buildings and structures regulated by this section shall conform to its provisions upon initiation of any new construction, exterior modification or improvement (including painting or surface treatment), installation of new signs, issuance of a new business license, sale or refinance. In the absence of any of the foregoing, all nonresidential buildings and structures shall be brought into conformance with this section within one year of the adoption of this section.

c. Buildings and structures that were painted, stucco color-coated or underwent exterior modifications, excluding signage, with Architectural Review Board approval within the last five years of the adoption of this section shall not be required to modify the exterior of said building or structure. It shall be the responsibility of the property owner or his agent to provide proof of such approval.

[Ord. #2044, § 1]

Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows:

ACCENT COLOR(S)

Shall mean an accessory color(s) used on 20% or less of the building or structure facade to which it is applied.

ARCHITECTURAL REVIEW BOARD (ARB)

Shall be comprised of the City's consulting architect and City staff representatives empowered to review and approve exterior improvements made to residential units, new residential subdivisions, commercial, industrial and institutional projects in the City.

BASE COLOR

Shall mean that color selected for use on 80% or more of a building or structure facade.

BUILDING

Shall mean any permanently located structure enclosed on all sides by walls and having a roof.

COLOR/MATERIALS SCHEDULE

Shall mean samples of paint colors and selected materials to be used on an exterior surface, including stucco color-coat, concrete block, fencing, roofing, window mullions, etc., attached to a cardboard, foam core or plywood board for presentation purposes. Paint colors and material names and/or numbers, types and manufacturer names are to be included.

GRAFFITI

Shall mean any writing, printing, symbol, figure, design or other inscribed material written, sprayed, painted, scratched, etched, engraved or otherwise applied to any exterior surface of a building, wall, fence, tree, sidewalk, curb or other structure without the prior consent of the owner or person in possession thereof.

PAINT

Shall mean a mixture of pigment and a suitable liquid to form a closely adherent coating spread on a surface in a thin coat.

PALETTE

Shall mean a set of City-specified colors approved for exterior surface treatment of buildings and structures.

PROPERTY OWNER

Shall mean the owner of record of the property upon which the building or structure is located as such person's name and address appears on the last equalized assessment roll of Los Angeles County.

STRUCTURE

Shall mean any construction other than a building which requires location on the ground or which is attached to something having a location on the ground (e.g., sign and light standards, mechanical equipment, trash receptacles and enclosures, fencing, planters, bollards, tree grates, site furniture, etc.) with a vertical height exceeding seven inches above grade. "Structure" also includes utility facilities owned by a governmental entity, a corporation or public utility used in connection with the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil or electronic signals (telephone lines and supporting structures and fire safety equipment exempted).

SURFACE TREATMENT

Shall mean a material such as stucco color-coat applied to or a veneer mounted on the exterior of a building or structure.

UNIVERSAL DESIGN THEME

Shall mean a set of architectural design elements preapproved for use on new construction and substantial rehabilitation projects.

VENEER

Shall mean surface mounted, decorative materials, including but not limited to aluminum or wood siding, brick, ceramic tile, cork, granite, marble, stone, wire mesh and wood or metal shingles, etc.

[Ord. #2044, § 1]

a. All buildings and structures located along the following major thoroughfares shall be painted or surface treated using base and accent colors selected from the approved palette adopted by resolution of the City Council and maintained by the ARB.

b. All new construction and substantial exterior rehabilitation projects shall employ a universal design theme. Specific examples, provided by the ARB, shall be employed and reviewed for compliance prior to approval of projects.

[Ord. #2044, § 1]

A color/materials schedule shall be submitted to the ARB for approval. Photographs of existing buildings and structures and blueprints of proposed buildings and structures shall also be submitted. If the project is part of a center or in an uninterrupted block of existing properties, photographs of adjacent properties shall be included.

[Ord. #2044, § 1]

a. Prior to issuance of any permit for exterior construction or approval for exterior painting, an application for color/materials schedule approval shall be submitted to the ARB. Such application may be reviewed separately or as part of a total project review including architectural design, landscaping, signage, etc.

b. At the time of submittal, all applicants except those submitting color/material schedules for residential structures of two units or less shall pay a filing fee. The amount of such fee shall be set by an ordinance of the City Council and shall be adjusted periodically to reflect changes in processing costs borne by the City.

[Ord. #2044, § 1]

a. The ARB shall approve the color/materials schedule if it finds that the schedule complements the design of the project, is compatible with adjacent existing and ARB-approved future projects and is consistent with the provisions of this section and applicable guidelines.

b. The ARB may consider exceptions from the provisions of this section provided the applicant has signed and had notarized an affidavit acknowledging the City-approved colors and requesting a variance from the use of said colors and/or architectural design. Exceptions may be granted based on compatibility with ARB-approved projects or existing building design or national identification requirements. The ARB shall have the discretion to forward projects deemed significantly out of compliance with this section to the Community Development Director and/or City Council for approval.

c. A decision by the ARB may be appealed in writing, within 15 calendar days of said decision, to the Community Development Director, who may rule on the appeal or refer it to the City Council for resolution.

d. Use of alternative colors or materials, where approved by the ARB, the Community Development Director or the City Council, shall absolve the City of all responsibility for the removal of graffiti from the property.

[Ord. #2044, § 1]

a. Compliance.

1. All buildings and structures on a major thoroughfare, as defined herein, shall be painted or surface treated in accordance with this section. No building or structure shall be painted nor materials applied, installed or otherwise used without prior approval by the ARB and issuance of any required permits.

2. All buildings and structures shall be maintained in good repair and in a clean and sanitary condition, free of all cracked, chipped, peeling or discolored paint, unpainted or untreated surfaces, deteriorated surface treatment and graffiti.

3. It shall be the sole responsibility of the property owner to maintain all buildings and structures in accordance with this section.

b. Enforcement.

1. The City may, from time to time, conduct beautification programs in which graffiti is removed from private buildings and structures without charge to the property owner. Such programs do not absolve any property owner from the obligation to maintain property free of graffiti nor do they obligate the City to remove graffiti from any building or structure.

2. When the City identifies a building or structure that fails to comply with this section it shall issue an official Notice of Violation to the tenant, business and property owner that a violation exists and that abatement is required.

3. The notice shall be provided by registered or certified mail to the property owner and shall be posted in a conspicuous location on the property.

4. Painting and Surface Treatment.

(a) When an abatement notice is served for the unauthorized (without ARB approval) exterior painting and/or surface treatment of a building or structure, the property owner shall have 15 calendar days to submit an application to the ARB for retroactive approval.

(b) The ARB shall review the application for exterior paint and/or surface treatment within five working days or at its next regularly scheduled meeting.

(1) If the project complies with the provisions of this section, the ARB shall approve the application and notify the owner of any other required permits.

(2) If the project does not comply with the provisions of this section, the ARB shall provide the owner with a list of required corrections.

(3) The owner shall have 30 calendar days to complete all corrections required by the ARB or file an appeal in compliance with subsection 24-6.7c.

(c) Notwithstanding any other provisions of this section, when an abatement notice is served that a building or structure does not comply with subsection 24-6.8a2, the property owner shall have 15 calendar days to submit an application to the ARB in accordance with the provisions of this section.

(d) Applications and/or corrections required under this subsection 24-6.8b must be made prior to the first inspection after an abatement notice is served. If compliance is not met, reinspections shall be subject to the provisions of subsection 7-20.10 of the Compton Municipal Code.

c. Penalty.

(a) Failure by the responsible party, whether person, firm, corporation, nonprofit organization or other group, to abate a violation of this section or comply with required corrections of the ARB within the specified time limit shall be a misdemeanor.

(b) A misdemeanor shall be punished by a fine not exceeding $1,000 or imprisonment not exceeding six months, or by both such fine and imprisonment. Such violations may also be redressed by civil action.