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Home My WebLink AboutORD 587 (1973)1 ORDINANCE NO. 587 2 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE ZONING ~ ORDINANCE RELATIVE TO DEVELOPMENT PREVIEW 4 The City of Tustin, California, does ordain as follows: 5 Section !:. The Zoning Ordinance of the City of Tustin~ Ordinance No. 157, as amended, is hereby amended by the deletion 6 therefrom of s~eions 5.230, 5 240, 5 250, 5 260, 5 270 5 280 all relating to architectural approval, as established by Ordi- 7 nances 439, 457, 467 and 474. 8 Section 2: The Zoning Ordinance of the City of Tustin~ Ordinance No. 157, as amended, is hereby amended by the addition 9 thereto of the following: 10 Section 5.230 DESIGN REVIEW 11 1. The City Council. finds that poor quality in the ex- terior design, development and maintenance of structure~, land- 12 scaping and general appearance affects the desir~c~bility of the neighboring area and the community as a whole, and impairs the 15 benefits of both potential and existing occupancy of other pro- perties to the detriment of the public health, safety, comfort 14 and general welfare. 15 2. The City Council further finds that quality evaluations are necessary to fully accomplish the purpose of regulations 16 designed to control such matters, since such regulations cannot both allow reasonable latitude for diversity and originality 17 of design and still be specific enough to control all the aspects of the different uses that can adversely affect the comm~mity. 18 3. The Community Development Department is hereby es- 19 tablished to accomplish the above objectives and shall have the following responsibilities: ~0 a) To provide for the review of building desion, site 21 planning and site development mn order to protect the increasing value, standards and importance of 22 land and development in the City due to the urbani- zation of Orange County. b) To retain and strengthen the ~unity and order of the 24 visual coPmunity. ~5 c) To insure that new uses and structures enhance their sites and are harmonious with the highest standards 26 of improvements in the surrounding area and total ~7 community. 4. In carrying out the functions of design review, con- ~8 sultant services may be utilized as budgeted by k. he City Council ~9 Section 5. 240 SCOPE OF JURISDICTION ~0 Prior to the issuance of any building permit. including new structures or major extericr alteration or enlargement of ~1 existing structures, building to be relocated, an<~ signs to be constructed or modified, the Community DevelopmenL Director shall ~ aDDrove ~h~ Site PtaD.- m~.ti~,~;ns aD~ i.sndscap~ng for such de- velopment. Page 2 1 Section 5.250 CONDITIONS OF APPROVAL Z The Conununity Development Director shall approve the submitted plans if he finds that the location, size, architec- 3 tural features and general appearance of the proposed develop- ~" ment will not impair the orderly and harmonious development of 4 the area, the present or future development therein, the occu- pancy thereof, or the community as a whole. In making such 5 findings, the director shall consider the following items: 6 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 7 3. Exterior materials and colors. 4. Type and pitch of roofs. 8 5. Size and spacing of windows, doors and other openings° 6. Towers, chimneys, roof structures, flagpoles, radio 9 and television antennae. 7. Landscaping, parking area design and traffic circula- 10 tion. 8. Location, height and standards of exterior illuminatio~ !1 9. Location and standards of utility installations. 10. Location and appearance of equipment located outside 12 of an enclosed structure. 11. Location and method of refuse storage. 13 12. Physical relationship of proposed structures to exist- · ng structures an the neighborhood. 14 13. Appearance and design relationship of proposed struc- 15 tures to existing structures and possible future structures in the neighborbood and public thoroughfares " 14. Proposed signing. 16 15. Development Guidelines and criteria as adopted by the 17 City Council. Section 5.260 PROCEDURES AND TI[~E LIMITS 18 1. The Community Development Department shall review all 19 applications for use permit, variance and other proceedings s~- ject to public hearing before the Planning Commission, and shall 20 render to the Planning Commission a report of its review, obser- vations and recommendation prior to the date of such public hear- 21 ing. 2. Pertinent information shall be furnished to the Commu- nity Development Department to enable review and evaluation of proposed developments. 24 3. The decision of the Community Development Director in matters of original jurisdiction and those referred to him by the 25 Planning Commission or.' City Council shall be final, bLnless 26 appealed in writing as herein provided. 4. Development shall commence within a period of eighteen 27 months, otherwise, a new evaluation and review shall be required -- prior to any development. 29 Section ~.270 GUIDING PRINCIPLES " Implementation of the development preview processes rela- 30 tire to external design shall be guided by the following princi- ples: 31 1. Individual initiative' shall be encouraged. Control shall be reduced to tl~e ~.i~i~,u~ exne~h possible, whlii~ insuring that the goals stated in this Ordinance are achieved to the fulie9~ possible extent. 1 2. Good .architectural character is based upon the suitability of a structure for its purposes, upon the appropriate 2 use of sound materials and upon the principles of harmony and proportion in the elements o~_the structure. 3. Good architectural character is not, in itself, more~ 4 costly than poor architectural character and is not dependent upon the particular style of architecture selected. 5 4. When considering signs, particular attention shall 6 be given to incorporating the design, including colors, of the sign into the over-all design of the entire development, so as 7 to achieve homogeneous development. 8 5. Building to be relocated must be previewed as to their compatibility with neighboring structures and with exist- 9 ing or proposed structures on the same site. 10 Section 5.280 APPEALS 11 Appeal of any decision of the Conm~unity Development Director, may be made to the Development Preview Board.of 12 Appeals pursuant to the following procedures: 15 1. Within seven (7) days of any decision an appeal may be filed in writing with the Community Development Depart- 14 ment stating the reasons for said appeal, accompanied by a $30.00 fee. 15 2o The Development Preview Board of Appeals shall 16 schedule the hearing of appeals the first Wednesday of each month and at such other times as may be determined from time 17 to time. 18 3. The decision of the Board of Appeals shall be final unless an appeal is filed with the City Co~cil within 15 19 calendar days of the date of the action taken by the Board. Appeals to the City Council shall be filed under the same ~0 procedures as other appeals under the Zoning Ordinance. Section 5°290 APPOINTMENT OF DEVELOPMENT PREVIEW BOARD OF APPEALS 1. Number of Members The Development Preview Board of Appeals shall consist of five (5) members appointed by the City Council. 2. Terms & Compensation 26 Board members shall be appointed for two (2) year terms. Compensation for attendance at Board meetings shall be as set ~ by the City Council. ~8 3. Qualifications 29 Me~ers, insofar as available, shall be selected from at least three (3) of the following ~roups: 50 a) Licensed Architects- ~1 b) Registered Landscape Architects. d) Registered Civil Engineer. ~2 d) Persons associated w~th the Real Estate or Building industries ]~aving had ~-~cnstra~ed ~.~rlence ix~ tkc visual arts. 1 e) Any other group, the selecte~ from which the City Council at its discretion determines could signifi- Z cantly contribuue to accomplishing the state goals of 5 the Development Preview Appeals Board. 4. Quorum Three members shall constitute a quorum for the conduct 5 of business. 6 5. Officers 7 A Chairman shall be selected by the membership upon call 8 of a Board of Appeals Meeting. 6. Records 9 Minutes shall be kept of Board of Appeals meetings, 10 indicating recommendations of staff, proposals by the' applicant, 11 and action taken by the Board in the review of subject proposals. 12 PASSED AND ADOPTED at a regular meeting of the City 15 Council of the City of Tustin, California, held on the 6th day of August, 1973. 15 --- 16 18 19 ;.. ~ . .--/;/..'; 21 ~,,:/MAYOR 22 2~ ATTEST: 24 25 28 CrTY-,._.CLERK 32 STATE OF CALIFOP~NIA) COUNTY OF ORANGE )ss CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five ; that the above and fore- going Ordinance No. 587 was duly and regularly introduced and read at a regular_ meeting of the City Council held on the 16th day of July 19 7 3 and was given its second reading and duly passed and adopted at a regular meeting held on the 6th day of August 1973, by the follo~eing vote AYES : COUNCILF7I;N Saltarelli, Langley , Miller, Welsh, Woodruff NOES : COUNCILr•1EN None ABSENT: COUNCILMEN None __ _ -- ----~ ~J City Clerk City of Tustin, Cali nia