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HomeMy WebLinkAboutPH 3 Z.O. AMEND 87-4 03-07-88 ~i' ~ !~:~ ~ ~; ~ '-' PUBLIC HEARING ~? ~":. ~ r, ~ ~':~k : ~ NO. 3 DATE: ~RC, 7, 1988 ~ ' FROM: .SUBJECT: WILLIAN HUSTON, CITY INANAGER COI~UNITY DEVELOPNENT DEPARTNENT ZONING ORDINANCE AIMENDMENT 87-4 CULTURAL RESOURCES DISTRICT RECOI~ENDED ACTION I. It is recommended that the City Council take one of the following approaches. A. Should the City Council agree with the recommended Ordinance and its provisions. 1. Adopt Resolution No. 88-16 verifying the Negative Declaration for the proposed project as adequate. 2. M.O. Hold first reading of Ordinance 1001 by title only. 3. M.O. Introduce Ordinance 1001. Be Should the City Council wish to modify the proposed ordinance and its provisions, it is recommended they refer the matter back to the Planning Commission for comments, and a report on any modifications requested by the Council. II. It is recommended that the City Council independently: A. Instruct staff to solicit consultant proposals for preparation of a Cultural Resources inventory of the City and to prepare voluntary Architectural Guidelines for residential and commercial uses in Old Town as authorized and budgeted in fiscal year 1987-88. B. Instruct staff to advertise for appointments to Cultural Resources Commi tree. BACKGROUND The Planning Commission at a regular meeting on February 8, 1988 unanimously adopted Resolution No. 2466, recommending approval of Zoning Ordinance Amendment 87-4 (See attached Planning Commission staff report, Resolution and Minutes). City Counci I Report Zoning Ordinance Amendment 87-4 March 7, 1987 Page two In response to significant public concerns regarding development proposals over the last several years in the "Old Town" area of Tustin, the City Council in the spring of 1987 imposed a moritorium on zone changes, land use changes and subdivision approvals in the area. The purpose of the moratorium was to permit the Planning Commission's completion of a study to determine and recommend appropriate architectural guidelines and zoning requirements to maintain and enhance the existing character of the area. Zoning Ordinance Amendment 87-4 represents the Planning Commission's efforts toward achieving its charge. In conducting the study, the Planning Commission encouraged substantial participation of residents and property owners in the area in identifying issues and problems, evaluating alternative approaches and solutions and in selecting a preferred approach (the proposed amendments). The Commission also reviewed information obtained from jurisdictions throughout the State, The State Department of Historic Preservation and the National Trust for Historic Preservation. After careful consideration of the issues and a review of information collected from a variety of .sources, the Commission determined that the most useful tool to reinforce the character of "Old Town" was the creation of a Cultural Resources overlay district. At the City Council's meettng on February 15th, the following concerns were raised about Zoning Ordinance Amendment 87-4: 1. Creation of an Advisory Committee would be additional bureacracy. e Concern about a Planning Commission participating as 'an Advisory Committee member in review and approval of building proposals. 3. Concern about proposed lot size standards being arbitrary. While a summary of major ordinance provisions is discussed in the Planning Commission staff report on the subject matter, salient aspects of the proposed ordinance, alternatives available, including staff responses to issues noted above are also discussed below: DISCUSSION le Concept and Boundaries of Proposed Cultural Resources District The purpose of the Cultu6al Resource District is to provide a framework for recognizing, preserving and protecting culturally signigicant structures, natural features, sites and neighborhoods within the City of Tusttn, but largely the area defined as "Old Town". The Cultural Resource District would apply to those properties designated within the District and to those Cultural Resource structures and sites that can be designated by future Resolutions of the City Council. Community Development Department City Council Report. Zontng Ordinance Amendment 87-4 March 7, ].987 Page three The proposed District would be overlaid on existing zoning designations in Old Town for the purpose of recognizing the special character of the area. The underlying zoning remains in place but the addition of a Cultural Resource District designation would add a procedure for review of building alterations requiring a building permit and demolitions. The designation of a Cultural Resources District does not in any way affect uses permitted by underlying zoning. Any use allowed before designation or through established City procedures for rezoning will be allowed within the new District. Proposed Cultural Resource District boundaries generally reflect inclusion of the following: A major portion of area within the original City of Tustin jurisdictional boundaries; R-i, and multi-family zoned properties which exhibit unique architectural character and historical/cultural resources in the Old Town area; ° Major historic sites as identified by the Tustin Historical Society; The E1 Camino Real commercial areas between Newport Avenue and First Street. District designation provides a number of benefits to the City of T. ustin and individual property owners. With the establishment of the proposed District, reinforcement of area character and unique Cultural Resources in Old Town can be assured in an area where the relationship between old and new is extremely sensitive. Old Town is unique in that an Old Town character is created by the concentration Of certain architectural styles, neighborhood and land use patterns and not by any one structure. While buildings within the area are not individually outstanding, they do exist as part of a residential neighborhood and commercial district which, when viewed as a whole, represents a significant living part of local community hi s tory. Recognition of a community's older areas not only protects the community's heritage, it also instills a sense of community pride and identity (both are essential ingredients for investment and improvement). In addition, individual property owners within a District may benefit financially through increased property values, tax advantages and reinvestment in the area. In the event the City Council is not comfortable with designating all Community Development Department City Council Report Zoning Ordinance Amendment 87-4 March 7, ].987 Page four e areas currently recommended to be included within the proposed District, staff would be prepared to recommend deletion from District boundaries of those properties north of First Street as shown on Attachment II. Properties north of First Street do not contain a concentration of known Cultural Resources. They are al so separated from what has been generally considered "Old Town" and are not contigious to the Old Town or commercial area (being divided by First Street). Deletion from the District of these properties would not have a significant impact. In fact, the Cultural Resources Ordinance would be easier to administer if District boundaries were more regularly shaped and contiguous. By not adopting the proposed Cultural Resources District, the oldest area in Tustin would not be identified as significant or different from other areas in the City. Consequently, a significant change in the ambiance and character of the area could occur. Demolition procedures would also remain unchanged allowing potential demolition of significant structures. Cultural Resources Advisory Committee Establishment of the Cultural Resource District would also create an Advisory Committee of five members appointed by the City Council. The ordinance recommends a majority of the community reside or own property in the Cultural Resource District. Their membership would also represent various interest and experience including knowledge of local history, experience in a design profession, 'owner of a business in the Cultural Resource District and a member of the Planning Commission. The primary responsibilities of the Committee, as is currently included in the ordinance, would include' recommending designated Cultural Resources ° developing standards and design guidelines for use by City in design review of projects ° approving and disapproving applications for Certificates of Ap prop ri ate ne s s reviewing and commenting on all discretionary permits in the District The proposed Advisory Committee would meet eligibility criteria required by the State for the City to apply for Certification as a "Certified Local Government" or "CLG" (see Attachment III). "CLG" designation was a procedure established by the National Historic Act of 1986 which allows cities to apply for special grants .from the State and Federal government to finance a variety of projects. State criteria also requires the Corn rnunity DeveloPmen~ Departrnen~ Cil;y Council Report Zoning Ordinance Amendment 87-4 March 7, :1.987 Page' fi ve iml . . Committee to be appointed for a minimum term of 2 years. The Committee would also have to meet at least 4 times per year, with meetings at regular intervals. While the primary responsibilityI of the Committee in the proposed Ordinance would be to approve or disapprove applications for a Certificate of Appropriateness, this is a responsibility that could be also assigned to staff as an alternative. The Adv.isory Committee's role could then be as a reference resource triggered on an ad-hoc basis (at least 4 times a year), upon referrals by City Staff. Cultural Resource Designation Criteria and Procedures The proposed ordinance establishes criteria for use in designating Cultural Resources and Cultural Resource Districts and the procedures to be followed in making said designat.ions. Final action of any designations must be approved by the' City Council. The proposed criteria meets current State and Federal eligibility requirements. Permi't Required for Exterior Alterations A Certificate of Appropriateness will be required prior to demolition or removal of improvements 'or prior to making exterior modifications to a building or site within a Cultural Resource District or to a Designated Cultural Resource when such improvements require a City building permit. A Certificate of Appropriateness will not be required for ordinary maintenance or repairs. The Community Development Department would have the authority to approve, disapprove or refer to the Advisory Committee Certificates of Appropriateness for minor improvements. All improvements not considered minor would be referred to the Advisory Committee for a decision. All would be appealable. Since the City of Tustin already has a design review process, staff responsibilities noted above would be considered no different than our current development process. When staff or the Committee review a project within the District, they would be primarily considering the following criteria: 1) does the work adversely affect the District or a resource, 2) does the work conform with the code and design standards of the District, 'and 3) is the work harmonious with existing surroundings. Should the Council not wish the Advisory Committee involved in said decisions, an alternative would be to assign the entire responsibility to staff, since it is a function staff already performs. Corn munity DeveloPment Depar~men~ . City Counctl Report Zoning. Ordinance Amendment 87-4 March 7, 1987 Page si x e Design Criteria and Development Standards The proposed ordinance would allow the Cultural Resource Advisory Committee to establish design criteria and standards as a guide to evaluating applications for Certificates of Appropr. iateness, with said guidelines to be adopted by the City Council. Even if the Council should not wish the Committee to be involved in approval or disapproval of Certificate of Appropriateness, staff would recommend that the Committee be a resource in review and comment on any voluntary design guidelines developed for the District. The proposed ordinance also identifies separate residential and commercial development standards. The major change in residential standards is an increase in the minimum lot size to 10,000 square feet for single family zones and 15,000 square feet for multiple family zones. Although the current minimum lot size is only 7,200 square feet in the single family and multiple family zones, the average size residential lot located within the proposed Cultural Resources District is over 12,000 square feet. The recommended lot sizes were, therefore, not created arbitrarily but based on the average lot size within the proposed District boundaries. The proposed lot sizes would only apply in the event of a new subdivision and would in no way make existing lots non-conforming. Commercial development standards proposed in the District are those that are currently included in Specific Plan No. I (the E1 Camino Real District Plan) adopted by Ordinance No. 157, which would be repealed with the adoption of the proposed Cultural Resource District. Additional Recommended Actions As a follow-up to any action on the proposed ordinance, staff is also recommending the following additional actions be taken by the City Council' 1) Instruct staff to advertise for appointments to a Cultural Resources Advi sory Comma tree. · 2) As budgeted in fiscal year 1987-88, return wi th a consultant proposal for the following' Be Preparation of a City wide Cultural Resources inventory/survey for use by the Advisory Committee in designating "Cultural Resource Sites". Corn rnunity DeveloPment Depar~r'nen~ City Council Report zoning Ordinance Amendment 87-4 March 7, 1987 Page seven be Preparation of architectural guidelines for residential and commercial uses within Old Town for use by the City. ~ ~ie Sctt)o~eo~' cSo hmlmun ~li ~°D~e 1 opme nt CA~: ts cc: I. Planning Commission Staff Report Resolution No. 2466 Minutes - Transcript Negative Declaration II. Potential Area for removal of District Boundaries III. CLG eligibility criteria IV. Ordinance 1001 Corn munity DeveloPment Depariment ATTACHMENT I Report to the PLanning commission I rem No. 4 SUB,1ECT' ,e FEBRUARY 8, 1988 ZO#ING ORDI]JANCF- AHEND~IEgT 87-4 CULTURAL RESOURCE DISTRICT RECOIqlqENDATION_ 1.1:: is recommended that the plannlng Commission recommend to the' City Council ~pproval of Zoning Ordinance Amendment 87-4 by adopting Resolution Ho. 2466, as submitted or revised. BACI~GROUND - ' Si ntftcant public 'concern has been expressed -,~ 'last several years g ..... ,,~ ~.,, f Tust~ n. __ the .......... i- in ~ne u,u -~-,, area o . .gardtng specific development prupuaa a · ' Ma-jot issues identified by residents have included their desire to see the character of "01d Town" 'maintained and the existing ' single family zoning resources preserved, tn response to these concerns, the re.l:ained, and his_t_or.~c .... a moratorium on .the issuance .of Tusttn City Councll .in t.he Spri_n,g o_f_[98LJ.?°s, td=n.a n, landI use change in t~le pal-nfl ts for any subdivision of land, ~estdenttal area of 01 d Town. ['mposttton of the moratorium was designed to permit the completion of a study of Old Town for possible establishment of zoning requirements and regulations and architectural guidelines to maintain the existing 'character of 01d Town and to preserve the historic and cultural resources located in the area. S~nce adoption of the moratorium and after months of Intensive study which included =~. number of community workshops held to elicit input from residents and proper~y owners, s~aff believes the most effective means to respond to communiCy concerns and maintain and enhance the character of 01d Town ts the creation of a Cultural Resource Ot stri ct. SIJIqI4ARY OF PlAjOR ORDINAIICE PRO¥]:SIONS 1; Purpose and Appl t cabl 1 tty The purpose of the. Cultural Resource Oistrict is to provide a framework for -ecognizing, preserving and protecting culturally significant structures, natural ;'eatures, sites and neighborhoods within the City of Tustin, but largely the area defined as "Old Town". · Community Development Deparxmen: Planning Commission Report February 8, 1988 · Page two The Cultural Resource District, as an overlay District would apply to those properties shown on the attached map and to those Cultural Resource structures and sites that can be designated by Resolution of the City Council. An Overlay Zoning District is one which is overlaid on an existing, zoning designate,tn for the purpose of recognizing the special character of an area such as ld Town" and providing for a special' review or permit process. The underlying zoning remains in place but the addition of a Cultural Resource District designation would add to existing zoning requirements. Proposed Cultural ResOUrce District boundaries generally reflect the following: * Inclusion of a major portion of area within the original City of Tustin jurisdictional boundaries; · Inclusion of R-i, and multi-family zoned properties which exhibit unique architectural character and historic/cultural resources in the 01d Town area; · Inclusion of historic sites as identified by the Tustifl Historical Society which are included on the Tustin Heritage Walk; · Inclusion of the E1 Camino Real Commercial Distict between ~4ewport 'Avenue and First Street. 2. Cul rural Resources Advisor7 Committee Establishment of the Cultural Resource District would create an Advisory Committee of five members appointed by the City Council, a majority of who would reside or own property in the Cultural Resource District and whose membership would represent various interest and experience including knowledge of local history, experience in a design profession, owner of a business in the Cultural Resource District and a member of the Planning Commission. The primary responsibility of' the Committee would be to.approve or disapprove applications for a Certificate of Appropriateness required under provisions of the Cultural Resource District. 3. Cultural Resource Designation Criteria and Procedures The proposed ordinance establishes criteria for use in designating Cultural Resources and Cultural Resource Districts and the procedures to be followed in making said designations. Final action of any designation must be approved by the City Council. Cornmuni~y Oe'vetoprnen~ C)epartrnen~ / Planning Commission Report February 8, [988 Page three ® Permit Required for Exterior Alterations A Certificate of Appropriateness wi]l be required prior to 'demolition or removal of improvements or prior .to making exterior modifications to a building or site within a Cultural Resource District or to a Designated Cu]tural Resource when such improvements~ require a City building permit. A Certificate of Appropriateness wil'l not be required for ordinary maintenance or repairs. The Community Development Department would have the authority to approve, disapprove or refer to the Advisory Committee Certificates of Appropriateness for mi nor -'improvements. All improvements not considered minor would be referred to the Advisory Committee for a decision. All decisions are appealable. 5. Design Criteria and Development Standards The proposed ordinance would allow the Cultural Resource Advisory Committee. to establish des'ign criteria and standards as a guide to evaluating applications · for Certificates of Appropriateness. In addition, the proposed ordinance identifies separate residential and commercial development standards. The major change in residential standards is an increase in the minimum lot size to 10,000 square feet for single'family zones and lS,O00 square feet for multiple family zones. Although the current minimum lot size is only 7,200 square feet in the single and multiple, the average size residential, lot located within the proposed Cultural Resources District is over 12,000 square feet. Commercial development standards proposed in the District are those that are currently included in Specific Plan No. I (the E1 Camino Real Development Plan) adopted by Ordinance No. 157, which would be repealed with the adoption of the proposed Cultural Resource Oi stri ct. C~tAIlG£S Ill DRAFT ORDINANCE In response to concerns of residents/property owners and the Planning Commissi'on, the following is a summary of major changes made to the November draft of the CUltural Resources Ordinance. The composition of'the Advisory Committee has been modified to require that a majority of Committee members reside or own property in residential zoned areas.of the Cultural Resource District. The Committee, however, would.sti.ll also represent various interests and experience such as knowledge of local history, design, etc. 2. Provisions-have been added requiring the Community Development Department to send a copy of the Ordinance designating a Cultural Resource District or a cop~ of' the Resolution designating a Cultural Resource to the property owner Corn rnunity I~eloprnent C)epar~rnen: Planning Commission Report February 8, 1988 Page four or owners of the District or the property owner or owner 'of the Cultural Resource. While there was some discussion by the Commission about requiring recordation of the Ordinance against every property affected, information on the actual Cultural Resources District designation is automatically sent to the County Recorder's office and Assessor's Office. The Cultural Resource zoning designation is then automatically placed on the assessor's parcel information and must be revealed to prospective owners by a broker in the event of sale of a property. ~.. Clarification has been made of additional procedures for demolition, removal or relocation of designated structures. COI~UNI~ RESPONSES TO PROPOSED ORDINANCE S~taff have tabulated the .results of survey forms completed by interested parties who attended the December 14, 1987 workshop on the Cultural-Resource District. 86~ *,f-those persons who completed the survey forms were in support of the proposed j~'dlnance, 9% had no opinion and the remaining respondents were in opposition (:Attachment I). Additional petitions and letters of support are attached for the Commission (Attachment II). .Community Development staff also met with representatives from TRUST on Tuesday, January 26th. With minor concerns, all of which ha~e been addressed in.revisions to. the Ordinance, the majority of those in attendance appeared to be in strong support of the Ordinance. ADDXTIONAL RECO~IMENDEO ACTIVITIES folla-up to adoption of the proposed Ordinance, staff will also be ~con~nending to the City Council the following actions: Appoinl~nent of a Cultural Resources Advisory Committee. Authorization for consultant services for the following: A. Preparation of a Citywide Cultural Resoqrces inventory/survey for use by the Advisory Committee in designating Cultural Resource Sites. B. Preparation of architectural guidelines for residential and commercial uses within Old Town for use and adoption by the Advisory Committee. Christi ne Shi ng ~ Director of Community Development CAS 'pef Corn reunify C)e~elopment Department 2 3 4 5 6 8 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 26 27 28~ RESOLUTION NO. 2466 A RESOLUTION OF THE PLANNING COMMISSION O~ THE CITY OF TUSTIN RECOMMENDING THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 87-4, AMENDMENTS TO PART 5 AND 7 OF CHAPTER 2, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE AS IT RELATES TO CULTURAL RESOURCES The Planning Commission of .the City of Tustlh does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. Over the last several years there has been significant public concern regarding specific development proposals in the "Old Town" area. Be In response to a request from the City Council, the Planning Commission conducted a land use study of "Old Town" for establishment of zoning requirements and regulations to maintain the existing character of the area and to preserve cultural resources· Results. of the Planning Commission study revealed that "Old Town" Tustin is an area unique in character containing a concentration of certain architectural styles and neighborhood patterns. C. The preservation, recognition, protection and use of culturally significant structures, natural features, sites and neighborhoods within the City is required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare of City residents. D. The proposed Zoning Ordinance Amendments are consistent with the Tustin General Plan which encourages the revitalization of Town Center and preservation of residential structures. E · A public hearing was held on Februarj 8, 1988 to hear arguments for and against the proposed Zoning Amendments. F. .A Negative Declaration has been prepared, reviewed and adopted i n conformance with the California Environmental Quality Act. II. The Planning Commission hereby recommends to the City Council Zoning Ordinance Amendment 87-4, as shown on Exhibit A attached hereto and made a part by reference.' o PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tustin held on the 8th day of February, 1988. _. ,,,;'Z,.,~& .~~'~ ~::/ Chairman Penni Foley ,,/' ' Secretary ~ ' 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 - 25 26 27 28 RESOLUTION NO. 88-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR ZONING ORDINANCE AMENDMENT 87-4 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows- I. The City Council finds and determines as follows' A. Zoning Ordinance Amendment 87-4 is considered a "project" pursuant to the terms of the California .Environmental Quality Act; and B. A Negative Declaration has been prepared for this project and was distributed for publ i c review; and C. The City Council of the City of Tustin has considered evidence presented by the Community Development Department and 'other interested parties wi th respect to the subject Negative Declaration; and D. The City Council has evaluated the proposed final Negative Declaration and determined it to be adequate and complete; and E. ..The final Negative Declaration has been completed in compliance with CEQA and State Guidelines, and the City's CEQA procedures, and that the City Council, having final approval authority over the project, has reviewed and considered the information contained in the Negative Declaration prior to approving the proposed project and found it adequately discusses the significant environmental effects of the proposed project, and that, on the basis of the initial study and comments received during the public review process there is no substantial evidence that there wi 11 be any si gni fi cant adverse environmental effects as a result of the approval of this project. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 7th day of March, 1988. ~onald B. Hoesterey, Mayor Mary E. Wynn City Clerk EXHIBIT A Fi nal Draft 1/29/88 ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING ZONING ORDINANCE AMENDMENT 87-4 AMENDING PART 5 AND 7 OF CHAPTER 2, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE AS IT RELATES TO CULTURAL RESOURCES .-_ · The City Council of the City of Tustin does ordain as follows' Section 1' That Part 5; Chapter .2 of Article 9 . of the Tusti n Municipal Code entitled "Combined Districts" be reti~cled to read "Combining and Overlay Districts". SeCtion 2' That Section 9252 be added to'Part 5,. Chapter 2 of Article g of the Tustin Municipal Code to read as follows: 9252 CULTURAL RESOURCE DISTRICT (CR) A. PURPOSE Tusttn has played a vital role in the history of Orange County and has retained a rich and unique cultural heritage. It is hereby declared as a matter of public policy ,that the recognition, preservation, protection and use of culturally significant structures, natural features, sites and neighborhoods within the City of Tustin is required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare of City residents. The purpose of this District is to: . Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. 2. Encourage public knowledge, understanding and appreciation of the C. tty's past. 3, Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. 4. Promote .the private and public enjoyment, use and preservation of culturallyI significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin. and visitors to the City. Ordinance No. 1001 Page two Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. 6. Enhance property values and increase economic and financial benefits to the City and its inhabitants. 7. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. 8. Identify ~s early as possible and resolve conflicts between preservation of. historic and cultural resources and alternative 1 and uses. B. APPLICABILITY The Cultural Resource District is an overlay District and shall apply to those properties as shown on the official Tu. sttn Zoning Map and to those cultural resource structures and sites as may be designated by resolution of th~ City Council and listed by address and filed with the Department of Communi ry. Development. 2. The zoning district map shall be amended to indicate the application of -the Cultural Resources District. The designation CR shall be added after the underlying zoning designation. 3. The requirements of this section shall be considered in conjunction with the requirements of the underlying district. If a conflict exists between the requir_~ments Of the underlying district an'd this Section the requirements of this Section shall apply. C. CULTURAL RESOURCES ADVISORY COMMITTEE 1. There is hereby created a Cultural Resources Advisory Committee which shall consist of five (5) members appointed by the City Council a majority of which shall reside or' own property in the residentially zoned areas within a designated Cultural Resources District. 2. To the extent possible the Committee shall have among its membership at least one person engaged in architecture or a design profession, one person with a demonstrated interest and knowledge in local history and historical preservation, one person engaged in business within a designated Cultural Resources District, and a member of the City's Planning Commi ssi on. Ordinance No. 1001 Page three · The original appointment of the members of the Committee shall be as follows: two for three years, and three for four years, except that the term of the Planning Commission member shall coincide with the Commissioner's term on the-Commission. Subsequent appointments for all other committee members shall be for a-four year term. The Committee shall adopt its own rules and by-laws consistent with its authority as set forth below· The Committee shall have the following powers and duties: a. Study, review, conduct public hearings and recommend to the City Council additions to, deletions or modifications to the Cultural District boundaries and to the list of designated Cultural Resources. be Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of 'planning and programs undertaken by any agency of the City, the County, or State, as they relate to properties within 'the Cultural Resources Di stri ct. Ce Adopt prescriptive standards after approved by the City Council to be used by the Committee in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly, affect any desi'gnated Cultural Resource or propertibs within a Cultural Resource District. d. Approve or disapprove, in whole or in part', applications for permits pursuant to this Section. · e. Review all applications for discretionary permits, environmental impact reports and statements, and · other similar documents pertaining to Designated Cultural Resources, or properties within a Cultural Resource District. The Planning Commission shall forward all such documents to the Committee for review and comment. The Committee shall forward its comments to the Planning Commission. Keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall-be public record. Ordinance No. 1001 Page. four 6. All deliberations of the Committee shall be at publicly noticed meetings, following the notice procedure for Planning Commi ssi on mee:i ngs. D. CULTURAL RESOURCE DESIGNATION CRITERIA For the purposes of this Section, an improvement or natural feature may be 'designated a cultural resource by the City Council, and any area within the City may be designated as a Cultural Resource District by the City Council if it meets the ~=ollowing criteria: It exemplifies or reflects special elements of the City's cultural, .- architectural, aesthetic, social, economic, political, artistic, engineering and or architectural heritage; or It .is identified wi.th persons, a business use or events significant in local, state, or national history; or It embodies distinctive characteristics of style, type, period~ or method of construction, or is a valuable example of the use of indigenous materials or craftmanship; or It is representative of the notable work of a builder, designer, or architect; or Its unique location or singular physical characteristic represents an establi'shed and familiar visual feature of a neighborhood, community or the City; or e Its integrity as a natural environment or feature that strongly contributes to the well being of residents of the City or the well being of a neighborhood within the City; or It is a geographically definable area possessing a concentration or continuity of site, buildings, structures or. objects as unified by past events or aesthetically' by plan or physical development. E. CULTURAL RESOURCE DESIGNATION PROCEDURES Cultural Resource Districts and Designated Cultural Resources shall be established by the City Council as follows: · Any person may request the designation of an improvement as a cultural resource or the designation of a Cultural 2esource District by submitting an application for such designation to the Committee. The Committee or City Council may also initiate such proceedings on their own motion. Ordinance No.' 1001 Page fi ve 2. The Committee shall conduct a study of the proposed designation and make a preliminary determination based on such documentati on as i t may requi re as to i ts appropriateness for consideration. If the Committee determines that the application merits consideration, but only if it so determines, it shall schedule and notice a public hearing. . The Committee's decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the Community Development Director. Notice of a decision not to schedule a public hearing shall be given by mail to the applicant· No permits-for alteration, demolition or removal of any improvement, building or structure within the proposed Cultural Resources District or relative to a proposed, cultural resource shall be issued while the public hearing or any appeal related thereto is pending. In the case of a proposed Designated Cultural Resource, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the. applicant, pr.operty owner, and occupants of the improvement at least 10 days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once iF a newspaper of general circulation. In the case of a proposed Cultural Resources District, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant, property owners and occupants of all properties within thc proposed district at least 10 days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of genera.1 circulation. · At the conclusion of the public hearing, but in no event more than 30 days fro. m the date set for the initial public hearing for the designation of a proposed cultural resource · or Cultural Resource District, the Committee shall recommend approval in whole or in part, or disapproval in whole or in part of the application in writing. In the case of a proposed Cultural Resource District, the Committee's recommendation shall be forwarded to the Planning Commission who shall follow all Zoning Amendment procedures contailned in the Tustin ~.luni ci pa 1 Code . Ordinance bio. 1001 Page si x considering establishment of the Cultural Resource District. In the case of designation of a cultural resource or site, the Committees recommendation shall be transmitted directly to the City Counci 1. · 7. The City Cou~ncil, after receipt of the recommendations from the Planning Commission for designation of a Cultural Resource Dl stri ct, shal 1 by ordinance approve the application in whole or in part, or shall by motion disapprove it in its entiretY. In the case of designation ' of a cultural resoucce recommended by the Committee the City Council shall by resolution approve the application in whole or in part of, or by motion disapprove the request. 8. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in conjunction with the proposed desi. gnation. 9. As soon thereafter as reasonably possible the Community Development Department shall send by first class mail a copy of ~he Ordinance designating a Cultural Resource District or a certified copy of the resolution designating a Cultural Resource to the property owner or owners in the District or the property owner or owners Of the Cultural Resource, as appli cable. 10. Amendment, revision or deletion of a designation may be accomplished by following the above procedures., F. CERTIFICATE OF APPROPRIATENESS REQUIRED 1. A Certificate of Appropriateness shall be required prior to: a. Alteration of the exterior features of a building or site within a designated Cultural Resource District, or alteration of a Designated Cultural Resource, or construction of Improvements within a designated Cultural Resources District requiring a City buildino permit. b. Demolition or removal of any Designated Cultural Resource or of any Improvements in a Cultural .Resource Di stri ct. c. A certificate of appropriateness shall not be required for ordinary maintenance or repairs that do not involve a change in design, exterior material or ori gi hal appearance of an Improvement, nor any construction, reconstruction, alteration or removal of any feature which has been determined by the Building Ordinance No. lOOI Page seven Ge Official to be necessary to protect the public health or safety due to an unsafe or dangerous condition provided the Building Official certifies such action to the Cultural Resources Committee. PROCEDURE FOR CERTIFICATE OF APPROPRIATENESS Application for a Certificate of Appropriateness shall be made on forms provided by the Community Development Department and shall contain whatever detailed information (plans, drawings, agreements, photographs, etc.) as is determined by the Community Development Department to be necessary for the Committee to act on the request including payment of fees. ;.(here the 'proposed project requires other discretionary approvals such as a tentative tract map, the 'background information shall also be concurrently submitted to the Committee on each of ,these applications. Applications for Certificate of Appropriateness shall comply with the California Environmental Quality Act (CEQA). 3. The Commu ni ty Development Di rector shal 1 have the authority to approve with conditions, 'disapprove or refer to the Cultural Resources Committee, Certificates of Appropriateness for mi nor Improvements requiring a City building permit such as but not limited, to the following: a. si gnage b. walls and fences c. structures 400 sq. ft. or less in size 4. All Improvements not considered minor shall be referred to the Cultural Resources Committee who shall have the authority to approve, deny or conditionally approve a Certificate of Appropriateness. The decision of the Comnlunity Development Director as to a Certificate of Appropriateness for minor Improvements is appealable to the Cultural Resources Committee and any decision of the Committee is appealable to the City Council. Any appeal shall be made in ~riting and delivered to the Department of Community Development no later than seven calendar days from the date of the decision. .S,~ch Ordinance No. 1001 Page eight appeal shall specify the grounds upon which the appeal is based and be accompanied by a fee set by resolution of the City Council. The Cultural Resource Committee, or the City Council, as applicable, shall set the matter for consideration at the next regular meeting of the Committee or City Council, and shall give written notice to the appellant of the time and date set for consideration of the appeal. Upon the hearing of such appeal, the committee or City Council may affirm, reject, or modify a decision on the Certificate of Appropriateness. 7. A Cer-ti fl cate of Appropriateness shall lapse and become void one year following the date on which the certificate was approved unless the conditions of the approval specify a. lesser or greater time or unless, prior to such expiration date, a building permit .is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the 'application'. A Certificate.may be renewed, for an additional period of one year or for a lesser or greater peri od provided tha.t prior to the expiration of the time period granted, an application for renewal of the permit is filed wi th the Community Development Department. The Cultural Resource Committee or the Community Development Director, in the case' of minor improvements, may approve, approve with conditions or deny an application for renewal of a Certifiate of Appropriateness such.decision may be appealed as set forth in paragraph 6 above. e Any Certificate of Appropriateness granted in accordance with the terms of this Section may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such Certificate are violated or upon violation of any applicable provisions of this Section. Before. the Council considers revocation of any Certificate of Appropriateness, the Cultural Resource Committee shall hold a hearing thereon after giving wr) tten notice thereof to the permittee at least ten {10) days in advance of such hearing. Within five {S} days thereafter, the Committee shall transmi't a report of its findings and its recommendations on the revocation to the City Council who will act on the matter. Ordinance No. 1001 Page ni ne H · REQUIRED FINDINGS. FOR CONSTRUCTION OR' ALTERATI'ON The following findings are required for issuance of a Certificate of Appropriateness f. or alteration of Designated Cultural Resources, or for construction of improvements within a Cultural Resource District. No Certificate shall be issued if the findings cannot be made. For work on a Designated Cultural Resource within a Cultural Resource District, the required findings for both the Resource and District shall be made. Alteration of a Designated Cultural Resource: a. The proposed work will not detrimentally alter, destroy or adversely affect the resource and, in the case of a structure, is compatible wi th the architectural style of the existing structure. b. The proposed modification will retain the essential elements which make the structure, site or feature culturally significant. 2. Construction of Improvements in a Cultural Resource District: a. The proposed work conforms to the Municipal Code and design standards which may be established from time to time by the Cultural Resources Committee. b. The proposed work does not adversely affect the character of the District or · Designated Cultural Resources within the District. c. The proposed work is harmonious with existing surroundings· The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement a~nd use of a new building or structure in relationship to existing buildings and structures and the surrounding setting. I. FINDINGS AND ADDITIONAL PERMIT PROCEDURES FOR DEMOLITION, REMOVAL OR RELOCATION OF DESIGNATED STUCTURES OR STRUCTURES- CONSTRUCTED" PRIOR TO 1940: 1. A Certificate of Appropriateness for the demolition of a Designated Cultural Resource shall not be approved unless the Committee or, on appeal, the City Council finds that one or more of the following conditions exist: · Ordinance No. 1001 Page ten a. The structure/site is a hazard to public health or safety and repai rs or stabi 1 i zati on are not physical ly possi bl e. b. The site is .required for a puUlic use which will be of more benefit to the public than the Cultural Resource, and there is n~o feasible alternative location for the public'use." c. For a Designated Cultural ReSource only: 1. It is not feasible to preserve or restore the structure, taking into consideration the economic feasibility of alternatives to the proposal. 2. The proposed replacement structure does not detract from the neighborhood. d. Reconstruction or restoration is not feasible or practical. e No person shall carry out or cause to be carried out any demolition removal or relocation of a Designated Cultural Resource or structure within a Cultural Resource District built prior to 1940 without first receiving a demolition or relocation permit from the City. Such permit shall not be issued unless one of the following events has ocurred and in the case of a demolition the applicant has complied with 1.3 below: a. A Certificate of Appropriateness has been approved by the Cultural Resource Committee or by the City Council on appeal; or b. A period of 180 days has expired from the date of Cultural Resource Committee denial of the Certificate of Appropriateness, and there has been no City Counci 1 appeal. c. A period of 180 days has expired from the date of City Counci 1 denial of a Certi fi cate of Appropriateness. e In addition to the above requirement, no demolition permit or relocation permit shall be issued for the demolition or relocation of a Designated Cultural Resource or structure within a Cultural Resource District built prior to 1940 until a Certificate of Appropriateness and City building permit has been issued for a replacement structure. · Ordinance No. 1001 Page eleven a · DESIGN CRIT~'RIA AND DEVELOPMENT STANDARDS 1. The Cultural Resources Committee may establish,, promulgate and adopt by resolution, after approval by the City Council, design criteria and standards for properties as are necessary to supplement the provisions of this Section as a guide to evaluate applications for Certi Fi cates of Appropriateness, said criteria may include, but not be limited to, the following: me Acceptable materials for new construction such as stucco, masonry, metal, and glass curtain; Appropriate architectural character, scale, and detail for new cons.truction; Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers; Acceptable textures and ornamentation such as paint colors and types, use of wood, stone, metal, plaster, plastics, and other manmade materials, use of shutters, wrought and cast iron, finishes of metal, colors of glass, such as-silver, gold, bronze, smoke, and other detai 1 s or archi tectural ornamentation; Acceptable accessories on new Or existing structures such as light fixtures, gas lights, canopies, exterior carpentry, tile or wood, signs, banners, flags and projections. 2. Residential standards a® Permitted uses: 1. All uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Residental District. 2. The City Council may also permit other non-listed uses which support the purposes of the District as a conditional use following a public hearing and recommendation by the Planning Commission. b· Si re'development standards: 1. Minimum single family lot size: 10,000 square feet 2. Minimum multiple family lot size: 15,000 square feet. Ordinance No. lOO1 Page t'~el ve 3. Commercial Standards a. Permitted uses 1. All uses shall be permitted in' the Cultural Resource District as are authorized in the underlying commercial district. The City Council may al so permit other non-listed uses whic~ support the purpose of the district as a conditional use following a public hearing and .~ recommendation from the Planning Commission. - b. Limitations on permitted uses 1. No merchandise shall be displayed nor advertised for sa.le on or over public right-of-way. This section is not to be construed as restricting nor limiting the outside display and sale of merchandi se on pti vate property · wi thin the di stri ct. _ c. Authorized and encouraged uses The following uses are' authorized and encouraged with the interest of creating a commercial vi 1 lage atmosphere: ,Pipe & Tobacco Shops Wine Tasting Rooms Leather Goods Candle Shops Boutique Coffee Shops Ethnic Restaurants (Spani eh, Mexi can French, German) Hobby Shops Delicatessens Antique Shops Lamp shop s Yardage Goods Knit Shops Ice Cream Parlors Jewelry Shops Wrought Iron ~la.re Art Galleries General Offices Photographer's Studios Gift Shop China and Crystal The above list of potential uses is not all encompassing but typifies the character of uses that illustrate the desired image. d. Site development standards and exception In order to provide maximum flexibility in design and developmen.t for various lot sizes, consistent with a concept of village environment, the following criteria and exceptions are applicable: Ordinance NO. 1001 Page thirteen ee Front building setbacks may be established at the property line except for corner properties requiring a five foot- (5') line of sight clearance. e Rear yard setbacks shall be established at fifteen (15) feet from the rear property line, or in the event the development extends to the next intervening street, the rear setback line shall be construed as the frontage on "C" or Prospect Streets. 3.~ As an exception to the general sections of this Chapter and other provisions of the Zoning Ordinance, when commerci al and professional properties are developed or converted to permitted uses under the provisions of this Ordinance, on-site parking requirements may be modified under any one or a combination of the following provi si ons: a. Property or properties that lie within a Vehicle Parking Assessment Distict or Buslness Improvement Area shall be exempt from the requirement for on-site parking accommodations, subject to the provisions of the Parking or Improvement District Ordinance. b. On-site parking requirements may be waived upon the presentation to the City of a long term lease, running with and as a conditions of the business license, for private off-site parking accommodations within 300 feet of the business or activity to be served. C. All or a portion of required number of parking spaces may be satisfied by depositing wi th the City an amount, to .be used for public, parking accommodations within the area, equal to 4 times the assessed value as determined from the latest assessment roll of the County Assessor, of 200 square feet of land within the area, for each required parking space not othe~aise provided. . Publ i c Improvements Public improvements contributing to the motif of the area and the intent~of this ordinance are to consist of the fol 1 owl rig' Ordinance No. 1001 Page fourteen 1) Street furniture for convenience of the pedestrian shopper' to consist of benches and trash receptacles. 2) Street lighting with the use of stanchions and .fixtures that contribute to the development theme. 3) Street portals to create an identity of approach to the area for vehicle and pedestrian traffic. 4) The use of wishing wells as theme and area i denti ry. 5) Street and traffic patterns that segregate vehicle .-- from pede,strian traffic by providing rear access to parking accommodations, delivery services, and through traffic, with frontage accommodations for pedestrians and short term' convenience parking. K. DUTY TO KEEP IN GOOD REPAIR The owner, occupant, or other person in actual charge of a Designated Cultural Resource shall keep the' exterior of any designated structure, site, or feature in good repair and any interior portions which are necessary to prevent deterioration and decay ~of any exterior architectural feature. L. ENFORCEMENT AND PENALTIES 1. Methods of Enforcement. In addition to the regulations of this section which govern the approval or disapproval of Certificates of Appropriateness covered by this section, the Community Development Department shall have the authority to implement the enforcement thereof by any of the following means: a. Serving notice requiring the removal of any violation of this section upon the owner, agent, occupant or tenant Of the improvement, building, structure or land; be Calling upon the City Attorney to institute any necessa~ legal proceedings to enforce the provisions of this section, and the City Attorney is hereby authorized to institute .any actions to that end; Calling upon the Chief of Police and authorized agents tO assist in the enforcement of this section. In addition to any of the fo'regoing remedies, the Ci tl/ Attorney may maintain an action for injunctive relief to restrmin or enjoin or to cause the correction or removal of any violation of this section, or for an injunction in appropriate cases. Ordinance ~o. ].00].. Page fifteen 2. Penalties. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 or be imprisoned for a period not exceeding six months or be so fi ned and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 3. That Section 9297 of Part 7, Chapter 2 of Article 9 be amended to add the following definitions alphabetically' · "Alteration" means any exterior change or modification, of any Designated Cultural Resource or of any property located w.ithin a Cul rural Resource Di strict. "Certificate of Appropriateness" means an approved certi'ficate issued for the construction, demolition, alteration, removal, or relbcation of any publicly or privately owned Designated Cultural Resource, or any structure, natural feature, of site within a Cul rural Resource Di stri ct. · "Committee" means the Cultural' Resource Committee. "Cultural Resource Di strict" .means any area contai ni ng improvements which have a special character, historical interest or aesthetic value or which represent one or more architectural periods or styles typical to the history of the City, and whicl~ improvements constitute a distinct section of the City that has been designated a Cultural Resource District pursuant to Section 9252 of the Zoning Code. "Designated Cultural Resource" means improvements, buildings, structures, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cul rural, architectural, or historical significance to the residents of the City that has been designated a Cultural Resource by the Cit]/ Counci 1. "Designated site" {cultural resource site)" means a parcel or part thereof on which a cultural resource is situated, and which has been designated a cultural resource site by the City Council. "Demolition" means to tear down or demolish. "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components oF all of the outer surfaces of an improvement, including but not limited to, the kind, color and texture of the h,jilding mat,=_rials and the type and style of all ~vindows, doors, lights, signs and other fixtures appurtenant to such improv, ement. Ordinance No. 1001 Page sixteen "Improvement" means any building, structure, parking facility, fence, gate, wall, landscaping constituting a physical betterment of real property, or any part of such betterment. Section 4. That Ordinance No. 157 entitled the E1 Camino Real Redevelopment Plan {Specific Plan No. 1) is hereby repealed. Section 5. That the official Tustin Zoning Map is hereby amended to include a Cultural Resource District and to include those properties shown on Exhibit A within said district. Section 6. That Ordinance No. ______is hereby entitled repealed. Section 7. If any section, sentence, clause, or pilrase of this Ordinance is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declared that it would have passed this Ordinance and adopted this Chapter and each Section, sentence, clause, or phrase, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the Tustin City-Council held on the day of , 1988. Ronald B. Hoesterey Mayor Mary E. Wynn City Clerk EXHIBIT A - IRVINE 61,.VO ~ :: .--~, ....... '-U.~ =~ ~'"~, i = .X2 .-'.' : ~ : - ~ ~ ~,~--"m '=--'~ ~,~ ' ~ ' ' f ' '~' ' ' ~ ~ ! t ~ ~ ~ ~ I' '""""--.*~ I I ,, ":=~~ ~ ' , ,".~'T'"tlJC'-'! t !i~'"i, 1.i "J! i J~.ll Ill ; i ; ~.=M..==..=N. ' ' .., fflmmmmn'rmmaTrn'~ ,--"1 ' j , ~ ,,, ~ t I CITY' O TUSTI" .L NORTH 44313' OLD TOWN CULTURAL RESOURCES DISTRICT ,,,,,,,,- DISTRICT BOUNDARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the -undersigned, hereby certify that I am the Recording Secretary of the~Pla?n.ing Comission of the City of Tustin, California; that Resolution No..~,,J,.Y~/L-~ was duly passed a~d..adopted at a/Tcegular meting of. Planning ~ommlssion,.. held on the ~ dayof ~_.,,~K.~.~F~ '..~m/ , 198'Lm,' , :NNI FOL£Y ~ zecordi ng Secretary February 8, 1988 Planning Commission Meeting Transcript of Cultural Resources District Public Hearing Section A report was given by Christine Shingleton, Director of Community Development {see attachment). Commissioner Wei 1 "Good." Christine Shingleton, Director of Community Development, "I believe there was only the one correction". Commissioner Weil, "Also, under 5, C, that would .be page ,three, I think, 'the Committee shall have the following powers and duties: adopt prescriptive standards :o be used by the-Committee' in 'reviewing applications. In other words, you adopt the s. tandards after approval by City Council." Shingleton, "One other item, on page 2, C1, the end of that sentence that tall<s about the Cultural Resources Advisory Committee shall serve without compensation. I think a:t. this point, because we do feel that is a policy issue to be determined by the City Council, that we'd ask that be deleted. And should the Commission Wish to make a commendation about compensation to the City Council .so that they do not have to .edify it, that be a separate action of the resolution instead of the Ordinance." Wei:l, "O'K., we'll just delete that then. I'll give m~ pitch for compensation after you're done. While we're on the same issue on page 2, C on compensation, I talked this afternoon to Christi'ne about that. She felt that Council was going to be establishing several commissions. Their thinking at this point is to ask people to serve without compensation on these commissions, the Park Commission and the Cultural Resources Commission. I don't know if there are any others of .those that they are thinking about or not. What I would like to do is to send a cover letter with this to Council recommending that Council have people serve with compensation. I have served on Board of Directors without compensations and I have served on the Cbmmission. The Planning Commission is compensated. We get $50.00 a meeting. I4ow, the point, that I would like to make at this point is that there is an awful lot of reading. I mean we get Environmental Impact Reports, you people have seen some of them. They look like a Manhattan telephone directory. In order to attract people who are dedicated to a job and who wi.ll spend the time on a job, because it is very time consuming sometimes, to go through and really read and digest a.ll this information and bring their expertise to the Commission or whatever, in this case the Cultural Resource Commission, I really feel that the City should show good faith in compensating these people. At least a little bit, just for the principle of the thing~ Because for the Cultural Resources Commission, they would like to attract an. architect, and other professional people and I think that the City should g~ive them at'least something for their time. O.K. I wi~ll get off my soapbox.- How do the rest ' ~'you feel about that particular issue?" Commission Le Jeune, "They would be compensated for their expenses, right?" Shingleton, "I think I would suggest to you that be something that the Council deci des." . ,ranscript Page two Weil, "But I would like to send some kind of a cover letter expressing our suggestion that they do consider this. In order to attract the type of people that they are trying to attract. I know that there are a lot of people who say well I want to do this so much I'll do it for nothing. After a couple of .years it wears a little thin. That's all I am going to say for doing it for nothing. Anyway, how do the rest of you feel? Should we send a cover letter on this or am I barking up the wrong tree?" Commissioner Puckert, "I really think, Kathy, none of us are doing this for the $50.00 a .meeting, and I don't know that you are going to attract anybody any more qualified with $25.00 or $50.00. When you get burned out you leave or you ask not to be reappointed. I agree with .what you're saying, but I don't know in principle that you are going to attract any higher quality people for the money that you are talking about. Based on $50.00 a meeting for the Planning Commission, the Cultural .~esources Commission is not going to meet as often as we meet, and you would not want to compensate them at $50.00 a meeting, maybe you would." Weil, "How do the rest of you feel about it?" .uckett, "But,' I don't think you are going to get any higher quality candidates by dangling a few dollars out there." Well, "Maybe you're right, but I just feel its the principle of the tl~ing..You're asking citizens to give up their time and in some cases its going to be very time c~)n s umi ng." P'uckett, "I agree with what you're saying but .I don't think in principle you're going to get more quality candidates." , Commissioner Baker, "Is it really necessar~ for us to decide right now that one element. We're here to decide whether or not we're going to go ahead with the overlay district and I think con~ensation can be decided at a later time, can't it?" Well, "Alright, lets get on with the debate. Are there any other additions or corrections or any. kind of feedback as far as the document now as it stands is concerned? Any thing that you want to suggest that we change?" Puckett, "I think staff has done an excellent job of preparing this document." . Weil, "Did I hear an applause?" Commissioner Weil opened the public hearing at 9-15 P.M. ony Coco, president of the Tustin Historical Society, "I want to apologize, I have a meeting to go to, we just came from a Historical Society board meeting, and I really want to stay for the rest of this discussion here, but I am not able to. I wasn't aware tha. t we were going to discuss compensation.and the time is running out." ~ei 1, "Apparently, we're not anyway." · ranscript Page three Coco, "With that provison, if I deliver my short remarks and then leave, I hope you'll bear with me on that. If you'll follow my recommendation, then you won't have to worry about the people that are devoting all of their time and energy in reading voluminous documents at all. The Tustin Area Historical Society supports the desirability of preserving the historical environment of Old Tustin but prefers that priVate property rights be maintained, and that preservation efforts be voluntary and encouraged, not mandated by any compulsory commission or governmental entity. That's about as brief as I can be, that is the feeling of the Board of Directors, that we just left. And I would pledge to you the support of the commission, as we have, excuse me, the Society. The Society. has been in operation now for many years and our whole mission in the community is to preserve historical artifacts as well as encourage the preservation of-~buildings and elements for our children and their children's children into the future. We have a board that meets ,,vi thout compensation, we have some very dedicated people. We definitely want to see the Old Town character retained and enhanced. We have been successful, I think, in doing tlqat on a voluntary and encouraging basis. We maintain a museum in downtown TUstin. t.(e are not happy with the prospect of an 'additiona'l layer of government, especially one~ that might compulsorily mandate that a private property owner must do something -must not do.something before getting permission of the commission. Those are the ~,llY. 'comments that I have, I'll be happy to answer any questions in the time that 'I have," Well', "Any questions of Tony?" COco, "Thank you, I apPreciate it." Wei-1, "Thank you very much." Richard Vining of 400 W. Main Street, "i am a member of the. Historical Society, however, I don't share the views of the previous speaker. I would like to comment a li.ttle bit on this actual report that you people received. I think it has been a time. consuming process that many of .you attended the workshops and realized the time and the effort. I think that someone who had never attended any of those meetings coul'd pick up this report, read it and get a good synopsis of what transpired. I think that in previous dealings with the Planning Commission we in TRUST in that downtown area didn't always feel that way. But I think it is to Christine's credit t-hat'it is full, complete, concise and it states some of the oppositions that some of th'e people had about big government. I personally do not see this as big govern4~ent, I. know that it may be called a layer of bureaucracy. I think it is a chance For us residents in that area to have an input and not suprise you people on the Planning Commission about how strongly we feel in that neighborhood. I think there were some surprises in the past. I think there is a'chance for this advisory committee to be a ~od liaison between those in that neighborhood and those of you that live outside of ~at area whether it be Peppertree, Tustin Meadows or the upcoming residents in East - Tustin. I think the main reason most of us feel that it isn't another level of bureaucracy is because there is going to be somebody up and down your street to serve on, th.is commission. If you come to me and say I want to paint my door pink, I could talk to you over the back fence and maybe you would get a pink door. It's not anscript Page four T'fke some distant commission. It is somebody in the neighborhood. If somebody wanted to'~ put angels in her door, I am not going to tell her she can't put angels in her door if I was on that Commission. I think it lsa personal contact that is added in the neighborhood not previously available; Another thing that is important is the surveys that were transpired. I think that in those meetings there was not the same group attending any of them and the basic majority felt the same way and that is it ~ important to keep the R-1 neighborhood. These guidelines were brought about by ttte Cfty staff themselves led by our commitment to keeping the neighborhood a viable. ~e:sidential neighborhood. I don't want to be too long winded about it but I tlqink there are some other things that are important about establishlng a commission. That i'?~the availability to get grants to preserve some of the older homes. It is also i~nportant to get into that sur. vey so that everyone can be aware of what we actually dm. possess in downtown Tustin. I don't think any of us are really aware of the ~gnificance of a neighborhood that contains houses from the Victorian ages, by the turn of the century, up-until the 50's. There are a lot of nice 50's houses built in that neighborhood· I think it is a full spectrum that we find unique and it is a way t~'preserve it, I am no-t going to tell anybody what co.lor to paint their house. I .... -n"'t think that that is important· Thank you." ~v · ' ,~,~liam Leinberger, ¢45 W Main Street "To put this thing in a historical perspective, I was born at 630 W. Main Street almost 66 years 'ago. So I think I can ~eak as much about what this town is and has been as anybody in this room tonight. La4~ies and Gentlemen,' all I have got to say about this Planning Commissionese that we j~st listened to here is that you are closing the barn door about 25 years too late. You have destroyed Tustin as a residential town· Old Tustin, Main Street especially, a~d if you don't think so, come down and park in my driveway and then try to get out during many times of the day, 'in spite of .two new traffic signals that have been put iFn~ there· Then I want to ask you what in the world is it that you are trying to preserve? Have any of you taken a walking tour of Second Street, Third Street, Civic Street, "A" Street, "B" Street? Why there's houses there that a Georgia crocker ~ouldn't live there. They're dunl~s, their yards are a mess, there are junk cars with f'or-sale signs sit.ting on trailers all over the place. Is this what we're trying to preserve, for crying out loud? I agree with Mr. Coco, there are individua; buildings i~n'-~ this town that deserve preservation, yes indeed. I think that they should be encouraged as much as possible to maintain those, but for the most part what have you g!o~ here? You've got a bunch of California Bungalows that were built around the L920's and I can't for the life of me see anything historically or culturally i'~ortant about those· Finally, if I want to sell my house, how attractive is it going to be to a potential buyer when he finds out that he's got one more layer, yes Richard, a layer, of bureaucracy to try and tunnel through to get a permit to do anything. Suppose he wants to add a second story, something like that. ~ot only does he have to go through the normal building permit procedure. He's got to talk · this commission, get a Certificate of Appropriateness, whatever the hell that _ans, before he can do anything. So, I really hope you think this over very, very seriously. I think you're really about to open up a can of ~orms if you try to i-~ose this kind of restriction on property owners. a-nscript Page fi v.e [rwi'n Gross, 125 N. "B" Street, "That's essentially just across First Street from P'eppertree Park. Actually, I agree with the second gentleman and the first one. What's bothering me is the interference with the individual property owner here on ~ssentially what amounts to minutia. I attended the first workshop in Hay and it was .my., understanding at that ,time, that the area where ~ny property is, ju'st across First Street, wasn't even included within the boundaries. In fact, it was only myself and another person north of First. Street that even attended that workshop. I think not ma:ny people have been interested in that because they felt that originally it didn't a~f'fect them, and now with a more recent map, I see that t am definately in that boundary and I am getting concerned. I think really what I want to do, more than make comments is to ask some questions, especially about this Certificate of A~pp.ropriateness, which does sound rather ridiculous to me, as well as offensive. My understanding is that if I want to change the color of trim on my house then I have to-come .to the City and ask permission for that. Or if I want to put up a little fence around my front yard I have to ask the City. Well, I am a big boy now, I s~qouldn't have to go to Daddy for permission to do simple things around my ow~ home. · l'he. question is not. whether or not I am-going to be allowed to change the color 'of my '~u.se, it's that I have to ask at all. I don't really want to do that. I think it silly. Not only that I h~ve to. pay a fee for the privilege of ask-ing. If I am :~lrned down I have to pay a fee for an appeal. If it is something that requires a bu,i.'lding permit, I have to pay a fee for that. Some property owners are going to be ffn'. a position of being triple charged to make simple changes in their homes and I don't think that should be allowed. Getting back to my-question, I would like some C~la.rification on just what kind of changes would be included in this Certificate of Appropriateness. In my reading of the Ordinance, it lists landscaping. Does that mean that I .have to ask approval to put rose bushes in my front yard? That's l'a'ndscapi rig. We~l, "Maybe Christine can clear that up." Shingleton, "Only those items that are subject to issuance of a building permit would require a Certificate. of Appropriateness." G'r'oss, "That's not what it says." Shingleton, "No, You might have an earlier draft Sir, but the ,hOSt current draft that went out and was noticed, does not include landscaping at all. The item that they have before .you this evening, improvements that require a building per.~it ,aould automatically go to the committee unless they are considered minor improvements. l'hings that would require a building permit, that Mould be fences and walls 'over five feet in height, would require a building permit and would require approval of the Community Development Director but not by the committee as '~ell as struct~res less tn 400 square feet and signs that require a building permit. Those are i te~ns thRt ~ would treat no differently than you v~ould treat an existing building permi: on the minor improvements. :.leal, "Do you l~ave a date on your draft?" ranscrlpt Page si x Gross, "Well, the draft that I read ~his afternoon was sent to me just prior to the December workshop. Which I was unable to attend because I had the flu. .So a lot of my questions might have been answered at that time. Again, in looking over the report that is back by the door, I am getting some information as to the results of that workshop again, I think that the input made was probably more by people with.in the Old Town section proper and people north of First Street, I don't think have made any comments on it. I don't even think they realize that they are being affected by this. Shingleton, "All property owners within the District boundaries have been noticed. I' might add 'that the original study area boundaries are shown in a less patched treatment on the right side~.~ So it is a fainter line that extends beyond the proposed boundaries in about, in some cases, up to 600 feet beyond the original boundaries of the District. All people within those study boundaries were notified of all of the beginning workshops, as well as some of the follow-up workshops, as they attended, additional workshop materials. The actual boundaries have been shrunk a's. additional information became available, that the boundaries ought to be modi fled." .. dross, "Basically, I suppose the point I want to make is I appreciate the general nature of this proposal. It is this older section of Tustin that really attracted my w..i'fe and myself to come heFe, we appreciate it and we'd like to see it stay more or l'ess the way it is. We want to keep out the six story glass buildings and chopping up the larger parcels', I can understand that, but, leave the little guy 'alone. He's having a hard enough time as it is. Thank you." weil, "Christine, can I ask you a question? When we talked about noticing this, we talked about sending all of these residents a copy of the ordinance. Now we have -just been sending them notices of meetings, is that it?" Shingleton, "What was specifically discussed, if I remember, was the final copy of the. Ordinance upon adoption would be mailed to every property owner. We have made materials available, through the workshop process where there was draft Ordinance, and we have done some mailings, although that wasn't a specific direction. We did not mail every property owner a complete packet of this hearing, a copy of the 0rdinance. What we mai led was a summary of the 0rdinance." Well, "O.K., now this goes on to the City Council for another hearing. Can we mail all the residents in this area a copy of the final draft dated 1-29-887 I know this is expensive, but I really think this is an extremely important issue. How do the rest of you feel?" ~mmissioner Pontious, "I would agree. I think some of the people who may not, .aink it adds to the importance of the issue and may make them read through it ,~ore carefully and be more aware." Commissioner Baker, "Are you talking property owners only?" Weil, "Yeah, because that's the onl~ people we have record of." .'anscript Page seven Commissioner Le Jeu'ne, "Through the Chair, it would also be nice for everybody to have a copy just for future reference." Well," Yeah, O.K. We will discuss that in a little bit more detail after this. !qr. Sauers?" John Sauers, 515 S. Pacific, "I have lived there For 28 years. I was born in Tustin and I worked for the Tustin 'Historical Society for 15 years as a non paid person. I have been on the Board of Directors and the Treasurer. I would like to go back a Tittle bit. I think in the previous mentioned things here, this almost borders harassment by things that, tn the past, have happened. I would like to bring some of the members of the C0mmission~.up to date on this. Back when City Hall was on,~hird Street, the City called this neighborhood in for a meeting of very importance. Found out what they had was the extension of California Street and the present lot of Commissioner Le Jeune was vacant. They were going to run the street down there, dog leg it and go east and make a cul-de-sac at Mrs. Cox property at the end. After the presentation and a lot work that the City had done on this, there wasn't one person that was in favor of it and it was dropped. It seems like over the years 'we have )ent an awful' lot of tim~ coming here to, what would say, borderlining harassment, etc. The last one was about two years ago when we had an example of this on Sixth Street. One of the members of the Commission at that time, mentioned that we were in the area of transition. Transition means to me bulldozing. That came within 150 feet of my property, my feathers are still ruffled. One of the things I think in Tustin, that I always considered was community pride. Community pride can not be delegated. It has.to be earned and we hope that this particular piece of planning done by the Planning Commission at this time, I hope will bring community pride to this area. I almost lost mine when that development was first presented and passed the first time for the Sixth Street property and I hope this doesn't happen again. Surveys that t have attended were very instrumental in being able to get the viewpoints of the people that own the property in this area. And I wish to thank Christine Shingleton and her staff for the time that they put into this, and a lot of i:t was on her own-time. I had the privilege of meeting with the Santa Aha Planning ~epartment on a 73 acre museum zoning that I was a member of that area. I want to thank the people of Tustin, that we have the calibre of people in our Planning Department, now that do such an excellent job. I was disappointed in the City of Santa Aha, not having adequate people. Slow growth I think in this area not by slow growth amendment but shall we say the griUlock is the one that is going to stop the growth more than anything else, this particular report shows that we're maintaining. We're not adding additional tra'ffic to what we're doing in this area and I think that this is very outstanding work and I recommend very highly that this be passed. Thank ,, you. ,il, "Thank you lqr. Sauers. Bob Edgell, 345 W. Main Street, "I have been there since about 1974. First of all [ would like to echo John's feelings about Christine and her staff. It.has renewed my spirit, at least, in recognizing the term 'public servant'. A public servant is there to serve the public and she certainly has done that. We starting back in June .. of '85.' We sta'rted a group called TRUST "Tustin Residents United to Save T,~stin" We didn't make that acronym up because we wanted to have a neighborhood block party. ,~nscri p t Page ei gh t We made that acronym because we believed that Tustin was slowly slipping away from the heightened awareness of the Cultural preservation that needed to go on in the Ci~ty. t~e saw that at this Commission, we saw that at other places in the City. I am £orry Tony Coco couldn't stay to hear my rebuttal to his remarks. If it was that iinl~ortant, I thought he would have maybe carved out some different time for his other a~ppointment. Mr. Chuck Mitche.ll recommended that I serve on the board of directors o.f'~ the Historical Society. I see we have Ms. Prescott who was past chairman of the ~EO. ard of Directors of that and she can attest to the truthfulness of my statement, I marred for about three months of a long term assignment. The reason that I asked 'to t~e.-, withdrawn as a board member is because I was trying to stimulate this heightened awareness in the City of Tustin, especially using that vehicle since it Was such' a n~,.tural activity - historic .preservation. -What better place to do it than the ~storic Society, because they were not interested in concert with regarding to make $ political statement. They were not there to make political statement and they did not want to make a political statement. So I could certainly understand that. i~nterests were in the preservation of the City structures and the preservation of the e~-~isting zoning especially in the R-1 area. I was told by a number of other '~l~ectors that they were not interested in getting into the political process ,~c.essary to heighten the awareness to the City of those concerns. I had a long talk ~4~th John, whose been past treasurer and found that it was probably a better vehicle l~approach this concern through a neighborhood block group rather than a historical ~reservation society. So, I am sorry T'ony wasn't here to listen to differing ~marks. I think the essence of the problem here is choice. What is the choice to try to protect and heighten the awareness of Old Town Tustin. Certainly, the ho~meowners do not want landowner rights taken away from them. I, as a homeowner, don't want that done. But the choices go from a freeze on zoning through referendum or'an initiative or some process that would basically in perpetuity freeze anybody i~cluding yourselves from changing the zoning, we could do that through law. We ce'uld do nothing, we can do a lot of things in between. But I think ~hat we have h~ere is' not just our idea, but as Christine has pointed out to us, many cities across l~qe country have done overlay districts to try to protect and defend some of the c~lturally historic buildings and preservation and heighten the awareness of the community. That yes, there is another process that must be gone through before you can demolish or change the significance of a structure. Yes, we always run the ris~, i~n' my letter Christine, I really feel this deeply of another layer o~ bureaurc~acy l~at speed down the wheels of progress that somehow takes individual landowners ~i'ghts away from them or somehow feels to a person that it is just not wor~ing and it lis~ just a waste of time. And I certainly considered that, I know in our home m~etings when we opened up our home, Nancy and I, our home in' January to a group of p~eople and this weekend personally handed out the final draft of Christine's staff ~ork, I felt that all al.orig. Gee, another layer of bureaucracy, is this right to do? I remember talking to Barbara Cox on our walk. Barbara, very concerned about 'at is also meant. And I think it is a step in a direction that we must take. It J. a beginning of a process to heighten the awareness that ,,e in Old Town Tustin have a~concern ~ith regard to a change of the complexion of the neighborhood over a lon~ p~riod of time. That's why we were opposed to ~,lr. Ainslie's development on Sixth SJ~reet- That's why we have concerns about heightened traffic for ne~ churches or .nscript P.age ni ne modifying existing uses. It becomes a process of how do we make our wishes known to you who govern. We can do that through electing the officials that appoint you. We can do that through public arenas like this. But we must find ways to communicate to the public so that those of you who serve the public can understand how to carry out your responsibilities adequately. I think we've tried to do that with Christine. Certainly, Nancy and I have opened our house up to who ever wanted to show up. We aren't quite done remodeling, so that was a little tough. But I think this is the thing to do. This is the step in the right direction. Eventhough there are many of us-, who have concerns about the bureaucratic possiblity here, its worth the risk. 'Thank you. Weil, "Thank you. Any body else. Any body else want to share anything with us. knew I'd get another one. Nancy Edgell, 345 W. Main Street, "I am not really good at public speaking but I feel ve~y deeply that I want to live the rest of our lives in Tustin. We chose the home we~ did because of the area, because of the old home, because of the neighbors. ~-~..: ...... {tape ran out) ...... people will come by and drop in and they know they are come. And if they have a concern, they can talk to us and if they're as nervous ~s. I am than maybe' we can speak for them. But, I think Christine and Laura' Pickup and the entire staff and I mean that also to include you. The change we have seen s.ince we began this process, has been phenomenal and we're really'proud of you and we~'re proud that we have taken this step. So, t have to agree with my husband, and many others that have atten, ded and anybody that has wanted to attend the meetings we have held, just informational meetings. We think that this is a step in the right direction. Thank you. We.il, "Anybocby else? O.K. I am going to close the public hearing (time was p..m. ) and ask for 'discussion among the Commission. Commissioner Le Jeune, "~rough the Chair, I had a question on the Ordinance on page three, I am sorrt/ page seven, item three ... Community Development Director shall have. the authority to approve conditions etc. Would the committee be given a courtesy copy of something that didn't require their approval?" Sl~ingleton, "That could be handled, a.CC like me, you could just give us that ,, direction. Ce Jeune, "O.K. I would like to see that a'dded into item three. The inspection department on final inspection would have to verify the correctness of the work done according to the requirements?" ngleton, "They are inspecting projects according to approved plans. Le. Jeune, "Then it would come' under normal enforcement, then. O.K. that's the only II questions I had about the Ordinance. Wei.1, "0. K. Anybody else, yes Chuck." anscript Page ten Commissioner Puckett, "The concern from the gentleman who is talking about cars in the driveways and wrecked cars and whatever and some properties that are not being kept up properly. Is that addressed in this document here. What can be done to bt.trig those facilities up to proper standard?" S~ingleton, "We don't have a pro-active enforcement program, but if he did provide me with a list of addresses we would follow up. I might note some particularly important points here though, in that a lot of times an area begins to deteriorate because there is speculation that there might be a higher, better use ~or the p~-operty. In anticipation of the future zoning requests that this Commission has heard before, and that in itself becomes kind of a perpetuating self doom for an area that is waiting for those kinds of things to happen. We have found particurlarly lboking at cultural resource districts throughout the State of California and for that matter throughout the nation, because we did get examples from the National Trust of background reports and statistical information collected from otl~er cities. t'broughout the nation; that the designation itself has had a positive impact on m, 's~abilizlng, if not .in fact increasing property values within district boundari.es. ii, "Anybody else? Commissioner Baker." · Baker, "One of 'the things I have a real concern with is bureaucracies and more controls by government. My concern in reading this was is too much? Obviously, from th.e:~people I am hear-lng tonigh'-t, nO it isn't too much. I have a question on one df t~.e. areas-here though, it says duty to keep in good repairs, page 14 item K. Is the o~ner, occupant or other person in a~tual charge of a designated Cultural Resource- s.ha.ll keep the exterior of any designated structure, si-re or fea'ture in good repair.' t'(ho is going to make that decision, what is good repair?" Shi'ngleton, "The enforcement responsibilities would be left to the Community D~velopment Department. This is also not properties throughout the district again, t~i's is the difference between the district designation and individual str,~ctures tha.t might have historical value that would be specifically designated by res.olution. And again, the property owQer would be aware of that noti'fication and I! designation process. B~ker, "O.K. then we don't have to be a bunch of vigilantes going out." Sh~i ngl eton, "No." Le. Jeune, "Through the chair, would the advisory committee members be subject to the Brown Act like we are?" ~qgleton, "Yes, they would. They would be considered public meetings and subject to II .!' Brown Act provisions. Le- Jeune, "O.K., so these meetings oF this advisory committee would be open to the public and we would encourage the public to attend and any organizations tike TRUST or" future organizations that may develop down in the commercial area." .nscript Page el even Shingleton, "Including the applicants, particularly, here an applicant would have the opportunity to be heard, I think the Ordinance described." . W~I,. "Would they have the facilities of the staff at their disposal?" Shmi:ngleton, "Yes, this would be a staff committee, the Community Development Director wo~,l'd s taf f." : Lo.is' Jeffrey, "Through the chair, I just might add, one question that we had when we initially looked at the proposed ordinance was whether or not the members of the committee would be subject to the conflict of interest reporting laws. It is not clear, this is typically some~ing that the Fair Policital Practices Commission considers when you send a request to them, and you send them a copy of the Or~linance, They look at the powers of the committee and then make a decision as to whether or not they would be subject to the conflict of interest laws. It is my opinion, without going through that process, that there is a very good chance that the members of the committee would have to 'file repoFting statements, just as the ~: of you do. ~:li,, "O.K. any fur.ther comments?" Fuct(ett, "! think that this is something that is definately favored by the majority ~ the residents of the area and I believe it is going 1~o be a good thing for that [rea.: and for Tusttn and therefore, would like to recommend' approval of Zoning Ordinance Amendment 87-4 by 1:he adoption of Resolution of 2466 as revised. L~.. J. eune, "second." We-f'l~, "Is there any further discussion? I would like to add to that of the audience ou~ thanks to Christine. I think that She and her staff have done a monumental job. l'his: has been done from scratch. She has put a lot of her heart-and soul 'into it, I kln~W.-, Also, as many of you probably know, I do have mixed emotions about this. By tt~. same tokep, the process that we, meaning the city, has gone through with this, w~ifth all the workshops and all the inpu: and all of the publicity that this has had. I:ama little bit surprised at the people who came forth tonight, and it is the first tlta, t: they have heard of it. We have tried to include everybody in this process from tl~e very beginning and obviously there are going to be people in this area who for w~tever reason, haven't felt that they were included in the decision ma~ing. I p:ersonally going to have to go along with approving this. I think it is a good document, it is a little restrictive, but by the same token, I think that it is definitely a positive influence on the downtown area. Like I have always said, I know John doesn't believe me, but I really feel that this is a jewel. Old Town :in is a jewel and I think that this is a vehicle that we can use to help get it that point. Does anybody else have anything else that they want to say? A: vote..All those in favor signify by saying aye, {all five Commissioners stated aye) th~)se opposed, passes 5-0." ' Penni Fo ley, Secretary/~ MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING FEBRUARY 8, 1988 .~. -A...A,~..A- CALL TO ORDER- 7'40 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL' Puckett, Well, Baker, Le Jeune, Pontious PUBLIC CONCERNS- (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. Dor0th¥ Patton 3i5 S. "C" Streel~,.Tustin, spoke in favor of the Senior Center. However, she is in opposition of taking away park property to provide parking spaces ,r the Center when there are vacant spaces behind the School District. · Commissioner Well asked the Director to provide' at a future meeting an update on these concerns. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE COHSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. -THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of the January 25, 1988 Planning Commission Meeting Commissioner Puckett moved, Baker seconded approval of the minutes. Motion carried 5-0. · . La'roe Family Day Care Facility at 1952 Jan Maril,,e' Presentation' .Mary Ann Chamberlain ~lice Huber, 13882 Dall Lane, Santa Aha, owner of property on Drowning Avenue ~qrdering the subject address, protested the facility. ~ois Jeffrey, clarified that Mrs. Huber's property is within 100 feet of the facility, and noted that her statement does qualify as a protest. She then recommended that this item be continued until the next Planning Commission meeting so her concerns could be evaluated by staff. - Mrs. Huber stated that her tenants have complained to her about the noise and disturbance. February 8, 1988 Page two . . A. R. Bingaman, 13861 Browning, Tustin, whose property is adjacent to the facility he complained about his lack of privacy, the noise issue, his concern about tlie swimming pool in his yard, the definition of a Day Care facility and his liability regarding his pool. C~mmissioner Well clarified whether he had a 6 foot fence around his pool. Mr. Wayne F. Huff, 13812 Gimbert, Santa Ana, owns property at 1942 Jan Marie, has had c~ntinuous complaints regarding traffic, parking, noise and was concerned whether the s,i~ze of the facility was adequate to accommodate that number of children. He conducted a survey last week and found no less than 15 automobiles parked in the ~treet at any given time. This makes it dj fi cult for the residents to park. 1,he Director noted that the is City obligated by State law to issue a permit to o~'erate a day care center, provided that no protests are filed. Any protests substantiate the necessity to hold a public hearing on the matter. Commissioner Baker moved, Pontious seconded to continue the matter of the day care center at 1952 Jan Marie until a public hearing can be scheduled. Motion carried 5~0.. PUBLIC HEARINGS APPLICANT' LI]CATION' REQUEST' Zonin~ Ordinance Amendment No. 87-5 VINEYARD CHRISTIAN FE[ILOwSHIP 330 W. SIXTH STREET TUSTIN FREEWAY COMMERCE CENTER CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO ALLOW CHURCH USES IN THE PLANNED INDUSTRIAL DISTRICT (PM) ENVIRONMENTAL ACTION' A NEGATIVE DECLARATION WILL BE FILED FOR THIS PROJECT IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. P~:re.'sentation' Christine Shingleton, Director of Community Development Commissioner Pontious asked if there were complaints on the current parking overflow and.. when this overflow occurs. The Director noted that the parking overflow takes place on weekdays. C~ommis-~ioner Puckett inquired where the church headquarters are currently located. The Director referred the question to the applicant. The public hearing was opened at 7-58 p.m. ~'"--'. Josh Stewart, 17851 Bigelow Park, Tustin, Senior Pastor of the Vineyard Christian lowship, noted that they are meeting at Guin Foss Elementary School on a month to .,,~nth basis, however, the School District doesn't have a favorable attitude toward February 8, Page three arches. He read a written response that hadI been distributed to the Commission. He summarized that their request was both appropriate and a compatible use for the location. 90% of the time the use would be used only for administrative purposes; no more than 10 parking spaces {the total proposed on-site parking in the complex is 209 spaces) would be utilized by the church during the day and less th~n half on Sunday. Also he noted that the church would provide parking attendants to-direct traffic and parking. He feels that there would never be a parking problem. When the congregation totals 80% of the number of chairs in the sanctuary, the church would change to two services each Sunday. He noted that the three schools and Jewish Temple adjacent to the site had no meetings on Sundays. He also noted that churches, a~ccording to the staff repor-t, were not considered a conflicting land use. He also felt that the church would not create a traffic/parking'problem on Sunday and would actually result in less traffic/parking problems on the weekdays. It is his belief tl~at this proposed use would not aggravate the area in question, but would instead be a,.. very positive and reinforcing influence in the area. He asked the Commission to approve the subject project. C]ommissioner Pontious asked if ~here were any night meetings. Stewart responded that twice a year there will be night meetings at the church ~ite, all others would be in private homes. · r~ mmmissioner Puckett asked how long the church has been meeting at Guin Foss. ,,,~, Stewart' responded that they had started' in June with 8 members and have grown to ~O0.'l','membe r s, Ci~mmissioner Pontious asked what the timing between services would be if there were two. services. M~'~.Stewart responded probably a half hour between the 8'00 and 10-00 services. Mr. David Wills, 330 Irvine Avenue, Newport Beach, representing the Tustin Freeway C~n~nerce Center, noted that only one of tile 28 tenants of the'c6nter oper.ate during weekends. He noted that the management of the center would not permit' any use in the c~n'ter that would cause any congestions or any other problems. However, he did not f~e'et the church would create any problems. COn~nissioner Le Jeune asked if there were any other vacant buildings in that complex that could be used that would remove the church from the corner of Sixth and "B" ~tr e'et. Wills responded that there were three empty spaces but neither would be suitable this use'. C?'mmissioner Le Jeune noted concern regarding the corner unit being used and the logistics of the on-site parking at the rear of the unit, while the people must enter m the front. Commissioner Baker noted his concern regarding the potential of parking and traffic problems. He was curious if people would park in the parking lot and walk 100 feet or'if they would park on the street- Planning Commi ssi on Minutes February 8, 1988 Page four Mr. Stewart noted that there is an entrance on Sixth and one on "B" Street. There WoUld also be signs and parking a'ttendants to assure that members park in the' designated lot. He also noted that he could space the services so there would not be a cross over parking problem. Commissioner Puckett asked Mr. Wills if there had been any other complaints from any of the other tenants when they learned of the proposed . use of this corner facility. Wills responded that he had discussed it with some of the tenants and that 'he had rece.ived no negative comments. He said that there is very little Sunday usage on the re. Commissioner Weil asked for verification of the parking space count of 209. Mr. Wills noted that the 209 spaces were common parking spaces for the whole center. · . . C_~ommissioner Le Jeune asked staff if there was anywhere else in the City where a church operates in a PM zone. The Director responded that this location is the-only PM District in the City. She was-not aware of any other churches in other industrial zones. _ ~issioner Le Jeune asked if there would be a tenant agreement on the park.lng spaces even though it is a Sunday. T~e. Director stated that it would depend upon the parking requirements for individual tenants in the center. She noted that the project could be required to have a reci'procal parking agreement that could monitored. Commissioner Puckett asked Mr. ~tewart what led him to the City of Tustin and was looking for a long term lease. Mr.. Stewart noted that the head church is in Anaheim and a demographic study period led them into Tustin. After searching, the price difference in renting in an i'ndustrial area is less expensive and he was looking for a long term lease. Cbmmissioner Weil noted that the parking study that Mr. Wills referred to was in response to an outcry from the residents in the area that could not park on the sztreelt or exit their driveways. She asked if the school is still located in the ce nl:e r. Mr~ Wills noted that the study was done before his firm took charge. He also noted that' the study stated that the people parked in the street as a matter of convenience, not tllat the parking in the center was inadequate. _Ccu~missioner Baker asked for statistics o'n the Jewish Temple down the street. Stewart responded that he had checked and the Temple has no Sunday activities. - Planning Commission Minutes February 8, 1988 " , five · The Director noted that the City does not have detailed information on traffic and _ parking from the Temple. Mr. Richard Vinin~, 400 W. Main Street, noted that when a previous parking study on the center was done the biggest problem was the blocked driveways and the painting of the curbs. He felt that if there was a firm commitment from the developer that the church members would not park on the street the neighborhood would not h'ave a problem with the proposed location. Commissioner Puckett asked if Mr. Vining felt that this would be the only hesitation o--f the neighboring residents. Mr. Vining did not think that the church would generate much traffic on the weekdays. He did not feel that_ the zone change is the problem, it is the possible uses that follow. He noted that the problem is that the neighbors need access to their property. Mr. Charles Anderson, 255 W. Sixth Street, voiced his concerns regarding traffic. He. noted that Sunday is no different than any other .day.. He stated that he has trouble .... ',ting out of his driveway. He did not think this busy corner would be a healthy i-ronment to have accessab.le to children, as most cars don't stop for the stop - s~gn. He was also concerned about the increased noise interrupting the privacy of the resi dents. Mr. John Mac Arthur, 13592 Falmouth, a member of Vineyard Christian Church, noted ~hat the church provides parking and traffic control. He also asked what complaints )lave come from the neighborhood from the Jewish temple, if they did not pose a problem, he didn't feel thfs church would pose one either. Gar7 Mangon, 165 Pacific, stated that he did not think that the church would create any parking problems, as there is seldom anyone parked in the parking lot on Sunday. Robert Lascelles, 701 W. Jonquil, Santa. Aha, a member of the proposed church, stated that I the church would not have a problem, getting volunteers to work traffic and parking control. He also suggested that if there was a parking problem in the residential area, that parking permits could be issued. The Director noted that the issue was whether or not the church use is appropriate in'l~he PM D~strict, not whether the operator can deal with on-site issue. Barbara Cox., "B" Street, asked about the noise disruption to the homes directly across from the proposed location. · ~r. Stewart clarified what the services consisted of. public hearing was closed at 8:40 p.m. Planning Commission Minutes K '-~,uary 8, 1988 ..= six · Commissioner Baker asked if there was a possibility of issuing a CUP in this case. The:' Director suggested that if the Commission approved a request for a Zoning Ordinance Amendment, that it not be an amendment to permit churches as an outright u~s~ but as a Conditional Use Permit and that a specific application filing be mubmitted for the CUP 'so that site specific conditions could be imposed on a p.ro,~ect. An alternative would be to adopt a resolution approving the request for the amendment to permit churches in the PM District. The Commission could ask that the ne's~lution be brought back at the next meeting and direct staff to concurrently, p.~ide the Commission with the application materials from the applicant for the' Con~itional Use Permit. At that time the Commission could act concurrently on the CIJ. P?,, transferring the recommendation on the Zoning Ordinance Amendment and condition t~ee CUP to be only effective if the Zoning Qrdinance Amendment was acted on p~.%ively by the City Council. COmmissioner Baker clarified that -the enforcement responsibility of the' CUP would be up:~to the Commission and stated that his concern was the effect the church would have om~'d.~ts 'neighbors. · Di rector, recommended that.the Commi ss.i on deci de i f the use i s appropri ate. C~mmissioner Well noted her concern regarding circulation and parking. CTommissioner Le Jeune noted hi's concern was with the parking in the rear. COmmissioner Puckett noted that his main concern was that the parking be adequately a~dr~essed, which it seemed to be. Cammissioner Pontious agreed with the Use Permit idea. C~Ommissioner Le Jeune also noted concern over the hours of operation. He also asked through the Zoning Ordinance Amendment the Commission could restrict the PM Ciis~trict to one church only. Director responded that distance parameters could be set, but they could be c~n$~:rued as discriminatory in the PM Distric-t because of its size. The Director re~U~:~revised Resolution 2468 recommending approval of a Zoning Ordinance Amendment. C~Ommissioner Baker moved, Pontious. seconded to adopt revised Resolution No. 2468 approving a request for Zoning Ordinance Amend. merit 87-5 to permit churches in a D]i~s~trict as a conditional use. Motion carried 5-0. C'o~nmissioner Weil asked if staff could notice the people that spoke at the hearing a--'the people that live on Sixth Street about future Commission discussions on this r, ~. TSe~Director noted that all landowners within 300 feet will automatically be noticed. . . C'ommissioner Weil asked that Item 5 be heard next. Page' seven Use' Permit No. 87'29 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUESt' STEELCASE 1123 WARNER /(VENUE PC M (PLANNED COMMUNITY INDUSTRIAL) AN APPLICATION FOR A NEGATIVE DECLARATION HAS BEEN FILED FOR THIS PROJECT IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT INSTALLATION OF TWO ABOVE GROUND STORAGE TANKS TO HANDLE MATERIALS FLAMMABLE AND COMBUSTIBLE Presentation' Christine Shingleton, Director of Community Development Commissioner Weil noted that Steelcase had requested a continuance of their h~aring. The Director noted that she would answer any questions. The public hearing Was opened at 8'55 p.m. The public hearing-was closed at 8-56 p.m. ' ' Commissioner Baker moved, Le Jeune seconded to continue Use Permit 87-24 to the March 28, 1988 Planning Commission meetling'. Motion carried 5-0. Cultural Resource District i Presentation: Christine Shingleton, Director of Community Development The following corrections to the draft ordinance were made by the Director: Page 2, Cl, eliminate "and who shall serve without compensation" Page 3, 5c, line 1 after standards add "after approved by the City Council" Page 11, Jl, line'2 after' resolution add "after approved by the City Council" Commissioner Weil noted concern that the proposed Adv. isory Committee should not be asked to serve wittmut compensation. Co,~nissioner Puckett noted that he felt that people that would be interested in serving whethler or not nominal compensation is given. The Director noted that compensation should be a policy issue that the City Council decides. The public hearing was opened at 9'15 p.m. Mr. A. J. Coco, 13751 Red Hill Avenue, President of the Tustin Historical Society,. made the following statement on behalf of the Society, "The Tustin Area Historical .-Society supports the desirability of preserving the historical environment of 01d "lstin, but prefers that private property rights be maintained, and that preservation ~forts be voluntary and encouraged, not mandated by any compulsory Commission or governmental entity." Planning Commission Minutes Fe~-uary 8, 1988 P eight ' Mr. Richard Yinin~.., 400 W. Main Street, did not agree with Mr. Coco. He recognized that there was a lot of time and effort put in.to tl~is report. He felt that there was an adequate survey.co~leted and that the majority of the neighborhood feels the same way in that this is a way to preserve the neighborhood. Mr, William Leinber~er, 445 W. Main Street, felt that this effort is about 25 years too late, that Main Street is destroyed. He is against another layer of bureaucracy. Mr~ Irwin Gro~sI, 125 N. '"B" Street, spoke in opposition of government interference. 'Commissioner Weil asked that all residents receive a copy of the Ordinance. The Director noted that upon adoption, the Ordinance will be mailed. There was a summary of the Ordinance sent along with the public hearing notice. Commissioner Weil asked that all poroperty owners receive a copy of the 0rdinance da ted Commissioners Pontious, Baker and Le Jeune agreed. ~,, John Sauers, 515 S. Pacific, spoke in favor of the Ordinance and community pride, noting past ~'rl~blems with the City 'regarding the 01d Town area. He thanked the D]irector and the Planning Department for all of their time and work. Mr' Robert Ed~ell, 345 W. Main Street, representing TRUST, spoke in favor of the Ordinance. He thanked staff for the way they served the public. He explained that TRUST was Tustin Residents United to S~ve Tustin and that the organization was interested in the preservation of 01d Town. The people in TRUST have a choice, they do not want their rights taken from them, rather they are looking for a mechanism to pro.tect and defend buildings in 01d Town, to begin a process to heighten awareness of · 0.1d' Town Tust'in. Nancy Edgell, 345 W. Main Street, noted that they had moved into the neighborhood because she wanted the feeling and friendship of the neighborhood and they wanted to l'i'Ve.~ the rest of their lives in Tustin. She has seen a great change and is very proud about the giant step that she feels the City has taken in the right direction. TheJ public hearing was closed at 9:45 p.m. Commissioner Le Jeune clarified that the Committee would be notified of any alterations approved b~ the C~mmunity Development Department. He' also clarified that the changes would be insPected and fall under normal enforcemen.t-. C'-missioner Puckett clarified the manner in which improper upkeep would be enforced. · ii ,i Page ni ne issioner Baker noted concePn that there might be too much bureaucracy, however t,~m the silow of support at the meeting apparently that-is not the case. He asked who ultimate-ly decides what "good repair" actually, is. The Director noted that the responsibilities of enforcement would be on the Co~nunity Development Department. Commissioner Le Jeune asked if the Advisory Committee members would b'e subject to the rules of the Brown Act. The Director responded yes. i iii i i Lois Jeffrey noted that the ~mbers ot= the committee would also most likely be subject to the conflict of interest laws. Commissioner Well inquired if the Committee would have use of the staff and facilities. . The Director replied yes. Co~issioner Puckett moved, Le Jeune seconded to recommend approval of Zoning Ordinance Amendment 87~4 to City Council by the adoption of Resolution No. 2466 as r~vised.' Motion carried 5-0. -- i i .,nissioner Weil asked if a copy of the Ordin.ance can be sent along with the City C~uncil public hearing notice to each owner in the affected area. O~O BU SI NESS 6. CC & R Provisions Presentation' Christine Shingleton, Director of Comn~nity Development The Director noted a correction on page 1, Item E,1 to delete the second sentence. Also' on page 2 Item G capi.talize "NO" and add "should only be included where such conditions exist. Commissioner Well noted that Mr. Well felt the following changes would be extremely important: Item C, last sentence should be made Item D and "said" should be replaced with "any Homeowner' s". Item E 1, add at the end "and structures. . Item G eliminate "for I~ardship purposes" Commissioner Baker moved, Le Jeune seconded to approve the CC & R conditions. Motion carried 5-0. r~mi Ssi oner Le Jeune moved, Pontious seconded to transmit a request for -iFication to the City Council on the role the City should plax in enforcement of ~&R's. Motion carried 5-0. Planning Commission Minutes F'~uary 8, 1988 ten N~' BUS I NESS Report on Orange County Council of Government Study FF~entation. Steve Rubin, Senior Planner C"on~issioner Pontious noted a need to increase cooperation and communication within and counties and asked that the City of Tustin support the organization of an ~vaJuation commi tree. C'~m~niSsioner Well noted' that the City of Tustin has volunteered to host the next m~mti~ng in Apri 1. Con~nissioner Le Jeune moved, Commissioner Weil seconded to agendize this item for ddi~cussion o~ the February 22, 1988 meeting. Motion carried 5-0. CONCERNS · Report on actions taken in February 1, 1988 City.Council Meeting PP~entation' Christine Shingleton, Director of Community Develop'ment C~[SSION CONCERNS C~ommi'ssioner Le Jeune asked if it were possible for the Commission to start their m~tings at 7'00 instead of 7'30. C?~mmissioners Pentious, Baker and Puckett agreed. Director noted that the Commission would need to request a code amendment from City Council. ~ammissioner Well asked that the item be agendized for the February 22, 1988 meeting. Cbn~ni.ssioner Le Jeune stated that he was pleased with the outcome of the Cultural Re~u,rce Ordinance. Cbmn~i'ssioner Baker noted that he was glad to have the guidance from the staff. He ailsJ~'.noted satisfaction in seeing the pipeline proceed and noted his concern that the a~a'~ be returned to its original condition. C~-' 'issioner Pontious was pleased to see the turnout of people. She also asked aL a weed abatement problem behind the block where Taco Bell is located at r,litcnell and Newport. Cbmmissioner Baker noted a need for weed abatement at the car wash at Newport and. Mad'~-~ ~ ,~nning Commission Min'utes February 8, 1988 Page eleven Commissioner Le Jeune asked the status of the house on Red Hill with a six foot cyclone fence. The Director noted that the' property' is fenced for public safety reasons. Commissioner Le Jeune noted weeds' on the property behind the Library are out of control. Commissioner Puckett noted congratulations to Mayor Hoesterey and thanked r, lr. Edgar fo~ a fine job during his term as Mayor. The rest of the Commissioners concurred. _ The Director clarified the reason for the scoping meeting on February llth regarding 'the Town C6nter Redevelopment Plan Amendment. -. ADJOURI~4£NT 10"24 p.m. Commissioner Baker moved, Pontious seconded to adjourn to the next . jular meeting on February 22_, 1988 at 7'30 p.m. Motion carried 5-0. Penni · Foley ~ Secretary Kathy Weil J7 Chairman ( NEG-TIVE DECLAR. .- __ _ CITY OF TUST1N ~00 CENTENNIAL WAY, TUST1N, CA. 92680 Project Title: Cultural 'Resourses District-File No. Z0A 87-4 Project Loca.l:i on: Old Town Tus:in Area · Project i:lescrt ptton: Zoning Ordlnanc-e.Amendment to Create A Cultural/His:orical Dis: Projec: Proponent: City of Tustin Contact Pee$on: CBristine Shingle:on Telephone: $44-88~0 [xt. 250 The Community 0evelopmen: 0eparl:ment has conducted an initial study for' the above projecl: in accordance wi th the Ci:y of Tustin's procedures recjarding im~le.~nt~tion 'of the CalifOrnia Envir'onm~r.,:~l Quality Act. and on the basis of t~at study hereby find: That there, is no substantial stgntflc~nq: effect on the That potential st~nlftcant [ffe:.'.-,-.,'~?? identi,~ie'~, but revision,' have been included in [qe project pi~.? ~n.o agreed to by the applicant that . .~" _ ,.,,.~,,.,,.. 'would avoid or mitigate the- to a-point wher~ clearly no significant effects would occur. 3~,ic.' revisions are attached to and he,by ~mde a part of this .Nec.,atFi. C,4c!ar~tton. itt Therefore, the preparation of an £nvir°nmcn' , :.r,:::ct Report is ncr required. iii The initial study which provides the bas:--m f=r this determination is on 'file at the Con~nunity Development De,Dart;--';':~ "iTy of Tustin. T,~e pu=.lic is invited to conment on the &ppropriater-:'~.: ~F '~is )tega.tive Declaration during the review ~ertod, which begin" ~i,'.~ the puOlic notice of a )4egative Declaration and extends for sev~." .~,~n~ar days. U~,on revie~ by the Co~nnunity Development Director, tP. is r~:,~i :.',.- peri od may be extended if deenmd necessary. ' R£¥I[W P[RIOO E}IOS 4:30 p.m. on DAT[D: _.January 28 ~_1~88 Febru~'yj, il. ~ ' 1988 .~_ ./~/' :~ J:O',~unity Oeve~oprne'nt: Di,r~)ctor A I'TACHMENT II - '"' ---- '-- --' '~' ;--'; .... IRVINE BLVD _ . ', ,.'" V,~55Z~ -" .... , .,'o:~';: , .,'...,- I. ' I.,- ": ' ~O-R'AN EW(~O~ '"' ' ~.. , , ,. --,- - ._I · . ,.__-_..~_ .~ ~.. '_..L...~ ~. ! FIRST ,STREET · ' '' F~'~.S-t- SI~.ONO STREET SE~.ONO St .... ~._~ ~ , ~Z~-- -~1-~ ' t14~lO ' ' -~-T'l~ ..... tNl~O ' -' StR~lt '--- ' ~---~--~ --' ' ~ 1 : , ;'1 ~ ....... .... · ,, -' .--~.--- .~. ,-..,r~--_ .' .... --- ,,., - ~ = z .......... ~___.... ~.O - '-- CITY OF TUSTIN 'i NORTH OLD TOWN CULTURAL RESOURCES DISTRICT ALTERNATE DISTRICT BOUNDARY ""'"'" DISTRICT BOUNDARY REMOVAL FROM DISTRICT TTACHMENT I" '.nc_al governments may be certified to participate in the CLG program at the threshold level 6f participation by complyin.[ with the following requirements: Enforce appropriate state or local le§isJation for the desilination and protection of historic properties: A. state enabling legislation provides for local jurisdictions to enact appropriate leL~is[ation. California Government Code Sections 2§373, and 37361 enable city and county le~:isJative bodies to provide for "the protection, enhancement, perpetuation, or use of places, sites, buildings, structures, works of art and other objects having a speciaJ character or special historical or aesthetic interest or value." B. Local governments are enc°urag~d to adopt local historic preservation ordinances with provisions for des[§nation and protection of historic and archeolo~'icaJ resources. The appropriate legislation shall be consistent with the intent and purpose o( the National Historic Preservation Act as amended in 1980. I1. Establish an adequate and qualified historic preservation review commission by state or local law: Local governments must establish an adequate hist6ric preservation review, commission by local law. The commission shall include a minimum mambo'ship of five individuals with all members having demonstrated interest, competence, or knowledge in historic preservation. Commission members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeolol~y, or other historic preservation-relateL't d~sciDlines, st~ch as urban planning, American studies, American civilization, cultural geography, or cultural anthropology: to the extent that such professionals are available in the community. Commission membership shall also include lay members who have demonstrated special interest, competence, experience, or knowledge in historic preservation, American studies, cultural anthropology, cultural geo~;raphy, or other histdric preservation-related discip[ines. If a special expertise is not represented on the commission for the' consideration of National Re§ister nominations or other actions which are normally evaluated by a prolessional in such discipline, the local aovernment shall obtain professional technical expertise i~rom established orRanizations, institutions, public al~encies, or other commissions, such as the .State O[fice of Historic Preservation (OHPI, State Historical Resources Commission, re~;ional archeololaical information centers, coilei~es or ilniversities, AIA preservation oriOle, ers, private preservation consultants, or factional ¢0~ncils of governments. The local government must demonstrate that it has made a reasonable ef.~ort to gill positions on the commission with prolessional and members as highly qualified, and representinl~ as diverse a range of disciplines, as possible. Fe Commission members shall' be appointed by the chief elected local OfficJa] and approved 'by the city counciJ or board of supervisors. The chief elected local official shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the commission. The appointinR authority shall act ~vithin sixty ~60) days to fill a vacancy. Terms of office of the commission members shall be staggered and o{ t~vo (2)year minimum duration (except as provided in the initiation of the commission). The commission shall meet at least four (Q) times per year, with meetinlKs held at regular intervals, in a public place, advertised in advance, and open to the public: pursuant to the California Open Meetinl~ Act. ~/ritten minutes of commission meetings shall be kept on file and available for public inspection. Each commission member is required to attend at least one informational or educational meetin§, seminar, workshop, or conference per year that pertains directly to the work and functions of the commission and ~-ouJd ,~e approvable by the state; Tl~e annual State Historic Preservation Cionf .er, once, sponsored by OHP, provides special sessions devoted to the i~ues, objectives, and responsibilities of commissions. ':'?~e commission s,~aIl publish procedural rules for registerinz historical r,-o?erties identilied in a iocal cultura! resources survey program lot .t~,e ~t!o-;al Re§ister of Historic [~laces, in accordance ~,ith the r. eouireme:' ~ :~ the NationaJ Historic [~reservation Act, Section 101(ci(2~. The 7rocedur~I requirements mus~ include standards and criteria ~or indivi~ca! :~operties and district~ ~vith boundary identi][ication, prope-ty o','ner ~cti~.~_ation, public meetin~ ~ormat, and appeal procedures in accordance '~'ith established Natior,a] Re§ister re~.ulations. The C~LG does not hr-.ve ~"~ =~L-'-thority tO nomit~ate properties directly to the National Resisto~. commission shall be responsible for overseeinl~ the ccm..pili.~z, ---cordinK, and updatinz of information on cultura] resources ~vithin its i-.,,r~sdi~:tion. The information shall be based on a comprehensive sur',ey is conducted in conformance with state survey standards ;'~,.'.r~:-~d,.~res. Surveys c'nmpleted prior to the certification of ,-,. ;~u.,,e::~:.~ent must be done in accordance ~'ith state standards. A:', annual report of the activities of the commission sha!J be submitted to the s~te al: the end o~ each calendar year. The reports shall include, but not be limited to. such information as appointments to the commission. resumes of commission members and staff, attendance records of members, of:~icial minutes of the commission meetings, revisions in the enabling ordinance if ~pp!icable, sponsorship of special proKrams such as educational ~vorkshops or conferences, summaries o~ environmental review cases requiring, commission comments, new lanrtmarks and historic districts desij~nated, review o~ National Re~ister nominations, c~;ttural resources survey updates, and other pertinent activities performed bv the corem ission. I)r~ft Planning Co.hi ss~on Recommendat~ on ;/~/~ ORDINANCE NO. 1001 AN ORDINANCE OF TNE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING ZONING ORDINANCE AMENDMENT 87-4 AMENDING PART 5 AND 7 OF CHAPTER 2, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE AS IT RELATES TO CULTURAL RESOURCES The City Council of the City of Tustin does ordain as follows: Section 1: That Part 5, Chapter 2 of Article 9 of the Tustin Municipal Code entitled "Combined Districts" be retitled to read "Combining and Overlay Districts". Section 2: That Section 9252 be added to Part 5, Chapter 2 of Article 9 of the Tustin Municipal Code to read as follows: 9252 CULTURAL RESOURCE DISTRICT (CR) A. PURPOSE Tustin has played a vital role in the history of Orange County and has retained a rich and unique cultural heritage. It is hereby declared as a matter of public policy that the recognition, preservation, protection and use of culturally significant structures, natural features, sites and neighborhoods within the City of Tustin is required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare of City residents. The purpose of this District is to: Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering, heritage. e Encourage .public knowledge, understanding and appreciation of the City's past. e Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. Promote the private and public ~njoyment, use and preservation of culturally significant neighborhoods, structures and si res appropriate for the education and recreation of the citizens of Tustin and visitors to the City. Ordinance No. 1001 P~ge two Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. · Enhance property values and increase economic and financial benefits to the City and its inhabitants. 7. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible wi th the character of the di strict. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative 1 and uses. B. APPLICABILITY The Cultural Resource District ~'s an overlay District and shall apply to those properties as shown on the official 'Tustin Zoning'Map and to 'those cultural resource structures and sites as may be designated by resolution of the City Council and listed by address and filed with the Department of Community Development. 2'. The zoning district map shall be amended to indicate the application of the Cultural Resources District. The designation CR shall be added after the underlying zoning designation. 3. The requireme.nts of this section shall be considered in conjunction wi th the requirements of th~ underlying district. If a conflict exists between the require, merits of the underlying district and this Section the requirements of this Section shall apply. C. CULTURAL RESOURCES ADVISORY COMMITTEE There is hereby created a Cultural Resources Advisory Committee which shall consist of five {5) members appointed by the City Council a majority of which shall reside or own property in the residentially zoned areas within a designated'Cultural Resources District. 2. To the extent possible the Committee shall have among its membership at least one person engaged in architecture or a design profession, one person with a demonstrated interest - and knowledge in local history and historical preservation, one person engaged in business within-a designated Cult~Jral Resour'ces District, and a member of the Ci'ty's Planning Commi ssi on. Ordinance No. 1001 Page three · The original appointment of the members of the Committee shall be as follows: two for three years, and three for four years, except that the term of the Planning Commission member shall .coincide with the Commissioner's term on the Commission. Subsequent appointments for all other committee members shall be for a four year term. 4. The Committee shall adopt its own rules and by-laws consistent with its authority as set forth below. 5. The Committee shall have the following powers and duties: ae Study, review, conduct public hearings and recommend to the City Council additions to, deletions or modifications to the Cultural District boundaries and to the list of designated Cultural Resources. bo Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement,, and other ~types of planning and programs undertaken by any agency of the City, the County, or State, as they relate to properties within the Cultural Resources Di stri ct. Ce Adopt prescriptive standards after approved by the. City Council to be used by the Committee in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly affect any. designated Cultural Resource or properties within a Cultural Resource District. 0 Approve or disapprove, in whole or in part, applications for permits pursuant to this Section. e® Review all applications for discretionary permits, environmental impact reports and statements, and other similar documents pertaining to Designated Cultural Resources, or properties within a Cultura.1 Resource District. The Planning Commission shall forward all such documents to the Committee for review and comment. The Committee shall forward its comments to the Planning Commission. f, Keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public record. Ordinance No. 1001 Page four · All deliberations of the Committee shall be at publicly noticed meetings, following the notice procedure for Planning Commisston meetings. De CULTURAL RESOURCE DESIGNATION CRITERIA For the purposes of this Section, an improvement or natural feature may be designated a cultural resource by the City Council, and any area within the City may be designated as a Cultural Resource District by the City Council if it meets the following criteria: ® It exemplifies or reflects special elements of the City's cultural, architectural, aesthetic, social, economic, political, ~-artistic, engineering and or architectural heritage; or 2, e It is identified with~ persons, a business use or events significant in local, state, or national history; or It embodies distinctive characteristics of style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftmanship; or It is representative of the notable work of a builder, designer, or architect; or · Its unique location .or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community or the City; or · Its integrity as a natural environment or feature that strongly contributes to the well being of residents of the City or the well being of a neighborhood within the City; or · It is a geographically definable area possessing a concentration or continuity of site, buildings, structures or objects as unified by past events or aesthetically by plan or physical development. E. CUL. TURAL RESOURCE DESIGNATION PROCEDURES Cultural Resource Districts and Designated Cultural Resources shall be established by the City Council as follows: · Any person may request the designation of an improvement as a cultural resource or the designation of a Cultural Resource District by submitting an application for such designation to the Committee. The Committee or City Council may also initiate such proceedings on their own motion. Ordinance No. 1001 Page f~ ve 2. The Committee shall conduct a study of the proposed designation and make a preliminary determination based on such documentati on as i t may requi re as to i ts appropriateness for consideration. If the Committee determines that the application merits consideration, but only if it so determines, it shall schedule and notice a public hearing. 3. The Committee's decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the Community Development Director. Notice of a decision not to schedule, a public hearing shall be given by mail to the. applicant. No permits for alteration, demolition or removal of any improvement, building or structure within the proposed Cultural Resources District or relative to a proposed cultural resource shall be issued while the public hearing or any appeal related thereto is pending. In the case of a proposed Designated Cultural Resource, notice of the.date, place, time and purpose of the hearing shall be given by first class mail to the applicant, property owner, and occupants of the improvement at least 10 days prior to the date of the public hearing, using the name and address of such owners a's shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general ci rcul ation. ® In the case of a proposed Cultural Resources District, notice of the date, place, time and purpose of the hearing shall 'be given by first class mail to the applicant, property owners and occupants of all properties within the proposed district at least 10 days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general ci rcul ati on. · At the 'conclusion of the public hearing, but in no event more than 30 days from the date set for the initial public hearing for the designation of a proposed cultural resource or Cultural. Resource District, the Committee shall recommend approval in whole or in part, or disapproval in whole or in part of the application in writing. In the case of a proposed Cultural Resource District, the Committee's recommendation shall be forwarded to the Planning Commission who shall follow all Zoning iAmendment procedures' contained in the Tustin Municipal Code Ordinance No. 1001 Page si x considering establishment of the Cul rural Resource District· In the case of designation of a cultural resource or site, the Committees recommendation shall be transmitted directly to the City Counci 1. . The City Council, after receipt of the recommendations from the Planning Commission for designation of a Cultural Resource District, shall by ordinance approve the application in whole or in part, or shall by motion disappro, ve it in its entirety. In the case of designation of a cultural resource recommended by tire Committee the City, Council shall by resolution approve the application in whole or in part of, or by motion disapprove the request. . Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedin, gs in conjunction with the proposed designation. 9. As soon thereafter as reasonably possible the Community Development Department shall send by first class mail a copy of the Ordinance designating a Cultural Resource District or'a certified copy of the resolution designating , a Cultural Resource t..o the property owner or owners in the District or the property owner or owners of the Cultural Resource, as applicable. 10. Amendment, revision or deletion of a designation may be accomplished by following the above procedures. F. CERTIFICATE OF APPROPRIATENESS REQUIRED · A Certificate of Appropriateness shall be required prior to: a. Alteration of the exterior features of a building or site.within a designated Cultural Resource District, or alteration of a Designated Cultural Resource, or constru.cti on of' Improvements wi thin a desi gna ted Cultural Resources District requiring a City building permit. be Demolition or removal of any Designated Cultural Resource or of any Improvements in a Cultural Resource Di stri ct. c. A certi fi cate of appropriateness shal 1 not be required for ordinary maintenance or repairs that do not involve a change in .design, exterior material or original appearance of an Improvement, nor any construction, reconstruction, alteration or removal of any feature which has been determined by the Building Ordinance No. 1001 Page seven Official to 'be necessary to protect the public health or safety due to an unsafe or dangerous con.dj ti on provided the Building Official certifies such action to the Cultural Resources Committee. Ge PROCEDURE FOR CERTIFICATE OF APPROPRIATENESS Application for a Certificate of Appropriateness shall be made on forms provided by the Community Development Department and shall contain whatever detailed information {plans, drawings, agreements, photographs, etc.) as is determined by the Community-Development Department to be necessary for the Committee to act on the request including payment of fees. Where the proposed project requires other discretionary approvals such as a tentative tract map, the background information shall also be concurrently submitted to the .Committee on each of these applications. 2. Applications for Cer.ti fi cate of Appropriateness shall comply wi th the 'California Environmental Quality Act (CEQA). 3. The Commu ni ty Oevel opment Di rector~ shal 1 have the authority to approve with conditions, disapprove or refer to the Cultural Resources Committee, Certificates of Appropriateness for minor Improvements requiring a City building permit such as but not limited, to the following: signage walls and fences structures 400 sq. ft. or less in size All Improvements not considered minor shall be referred to the Cultural Resources Committee .who shall have the authority to approve, deny or conditionally approve a Certi fi cate of Appropriateness. ® The deCision of the Community Development Director as to a Certificate of Appropriateness for minor Improvements is appealable to the Cultural Resources Committee and any decision of the committee is appealable to the City Council. Any appeal shall be made in writing and delivered to the Department of Community Development no later than seven calendar days from the date of the decision. Such Ordinance No. :1001 Page e1 gh't appeal shall specify the grounds upon which the appeal is based and be acco.mpanied by a fee set by resolution of the City Council. The Cultural Resource Committee, or the City Council, as applicable, shall set the matter for consideration at the next regular meeting of the Committee or City Council, and shall give written notice to the appellant of the time and date set for consideration of the appeal. Upon the' hearing of such appeal, the Committee or City Council may' affirm, reject, or modify a decision on the Certificate of Appropriateness. 7. A Certificate of Appropriateness shall lapse and become void erie year following the date on which 'the certificate was approved unless the conditions of the approval specify a lesser or greater time or unless, prior to such expiration date, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the .subject of the application. A Certificate may be renewed for an additional period of one year or for a lesser or greater peri od provided that prior to the expiration of the time period granted, an application for renewal of the permit ts fi led wi th the ~ommunity Development Department. The Cultural Resource Committee or the Community Development Director, in the case of minor improvements, may approve, approve with conditions or deny an application for renewal of a Certifiate of Appropriateness such decision may be appealed as set forth in paragraph 6 above. Se Any' Certificate of Appropriateness granted in accordance with the terms of this Section may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such Certificate are violated or upon violation of any applicable provisions of this Section. Before the Council con'siders revocation of any Certifqcate of Appropriateness, the Cultural Resource Committee shall hold a hearing thereon after giving written noti ce thereof to the permittee at least ten {10) days in advance of such hearing. Within five (5) days thereafter, the Committee shall transmit a 'report of its findings and its recommendations on the revocation to the City Council who will act on the matter. Ordinance No. 1001 Page ni ne H · Io REQUIRED FINDINGS FOR CONSTRUCTION OR ALTERATION The following findings are required for issuance of a Certificate of Appropriateness for alteration of Designated Cultural Resources, or for construction of improvements within a Cultural ResoUrce District. No Certificate shall be issued if the findings cannot be made. For work on a Designated Cultural Resource within a Cultural Resource District, the required findings for both the Resource and District shall be made. ® Alteration of a Designated Cultural Resource' a. The proposed work will not detrimentally alter, destroy or adversely affect the resource and, in the case of a structure, is compatible wi th the architectural style of the existing structure. b. The proposed modification will retain the essential elements which make the structure, site or feature cul tural.ly significant. Construction of Improvements in a Cultural Resource District: a. The proposed .work conforms to. the Municipal Code and design standards which may be established from time to time by the Cultural Resources Committee. b. The proposed work does not adversely affect the character of the District or Designated Cultural Resour6es wi thin the District. c. The proposed work is harmonious wi th existing surroundings. The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement and use of a new building or structure in relationship to existing buildings and structures and the surrounding setting. FINDINGS AND ADDITIONAL PERMIT PROCEDURES FOR DE~qOLITION, REMOVAL OR RELOCATION OF DESIGNATED STUCTURES OR STRUCTURES CONSTRUCTED PRIOR TO 1940: 1. A Certificate of Appropriateness for the demolition of a Designated Cultural Resource shall not be approved unless the Committee or, on appeal, the City Council finds that one or more of the following conditions exist: Ordinance No. 1001 Page ten ® ® me be de The structure/site is a hazard to public health or safety and-repairs or stabilization are not physically possible. The site is required for a public use which will be of more benefit to the public than the Cultural Resource, and there is no feasible alternative location for the public use. For a Designated Cultural Resource only: 1. It is not feasible to preserve or restore the structure, taking into consideration the economic feasibility of alternatives to the - proposal. . 2. The proposed replacement structure does not detract from the neighborhood. Reconstruction or restoration is not feasible or practical. No person shall carry out or cause to be carried out any demolition removal or relocation of a Designated Cultural Resource or structure within a Cultural Resource District built prior to 1940 without first receiving a demolition or relocation permit from the City. Such permit shall not be issued unless one of the following events has ocurred and in the case of a demolition the applicant has complied with 1.3 below: a, A Certificate of Appropriateness has been approved by the Cultural Resource Co.mmittee or by the City Council on appeal; or b. A period of 180 days has expired from the date of Cultural Resource Committee denial of the Certificate of Appropriateness, and there has been no City Counci 1 appeal. c. .A period of 180 days has expired from the date of City Council denial of a Certificate of Appropriateness. In addition to the above requirement, no demolition permit or relocation permit shall be issued for the demolition or relocation of a Designated Cultural Resource or structure within a Cultural Resource District built prior to 1940 until a Certificate of Appropriateness and City building permit has been issued for a replacement structure. Ordinance No. 1001 Page eleven J® DESIGN CRITERIA AND DEVELOPMENT STANDARDS 1. The Cultural Resources Committee ,nay establish, pro.mul'gate and adopt by resolution, after approval by the City Council, design criteria and standards for properties as are necessary to supplement the provisions of this Section as a guide to evaluate appl i cations for Certi Fi cares of Appropriateness, Said criteria may include, but not be limited to, the following: a. Acceptable materials for new construction such as stucco, masonry, metal, and glass curtain; b. Appropriate architectural character, scale, and detail for new construction; c. Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers; d'. Acceptable textures and ornamentation such as paint colors and·types, use of wood, stone, metal, plaster, plastics, and other manmade materials, use of shutters, wrought and cast iron, finishes of metal, colors of gl'ass, such as silver, gold, bronze, smoke, and other detai 1 s or archi tectural ornamentati on; e. Acceptable accessories on new or ~xisting structures 'such as light fixtures, gas lights, canopies, exterior carpentry, tile or wood, signs, banners, flags and projections. 2. Residential standards a® Permitted uses: 1. All uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Residental District. 2. The City Council may also permit other non-listed uses which support the purposes of the District as a conditional use following a public hearing and recommendation by the Planning Commission. be Site development standards: 1. Minimum single family lot size: 10,000 square feet 2. Minimum multiple family lot size: 15,000 square feet. 0rdi nance No. 1001 Page twelve · Commercial Standards a. Permitted uses · All uses shall be permitted in the Cultural ReSource District as are authorized in the underlylng commercial district· The City Council ma~ also permit other non-listed uses which support the purpose of the di s tri ct as a conditional use following a public hearing and recommendation from the Planning Commission.. b. Limitations on permitted uses . No merchandise shall be displayed nor advertised for sale on or over public right-of-way. This section is not to be construed as restricting nor limiting the outside display and sale of. merchandi se on pti rate property wi th i n the 'district. C. Authorized and encouraged uses The following uses are authorized and encouraged with the interest of creating a commercial vi 1 lage atmosphere: Pipe & Tobacco Shops Wine Tasting Rooms Leather Goods Candle Shops Boutique Coffee Shops £thni c Restaurants '(Spanish, Mexican French, German) Hobby Shops Delicatessens Antique ShoPs Lamp shop s Yardage Goods Knit Shops Ice Cream Parlors Jewelry Shops Wrought Iron Ware Art Galleries General Offices Photographer' s Studios Gift Shop China and Crystal de The above list'of potential uses is not all enco~assing but typifies the character of uses that illustrate the desired image. Site development standards and exception In order to provide maximum flexibility in design and development for various lot sizes, consistent wi.th, a concept of village environment, the following criteria and exceptions are applicable: ~ .~. · Ordinance No. tOOt Page thirteen Front building setbacks may be established at the property line except for corner properties requiring a five foot (5') line of sight clearance. ® Rear yard setbacks, shall be established at 'fifteen (15) feet from the rear property line, or in the event the. development extends to the next intervening street, the rear setback line shall be construed as the frontage on "C" or Prospect Streets. As an exception to the general sections of this Chapter and other provisions of the Zoning Ordinance, when commercial and professional properties are developed or converted to permitted uses under the provisions of this Ordinance, on-site parking requirements may be modified under any one or a combination of the' following provisions: · a. Property or properties that lie within a Vehicle Parking Assessment Distict or Business Improvement Area shall be exempt from the requirement for on-site parking accommodations, subject to the provisions of the Parking or Improvement District Ordinance. b. On-site parking requirements may be waived upon the presentation to the City of a long term lease, running with and as a conditions of the business license, for private off-site parking accommodations within 300 feet of the business or activity to be served. c. All or a portion of required number of parking spaces may be satisfied by depositing with the City an amount, to be used for public parking accommodations within the area, equal to 4 times the assessed value as determined from the latest assessment roll of the County Assessor, of 200 square feet of land within the area, for each required parking space not otherwise provided. e. Publ i c Improvements Public improvements contributing to the motif of the area and the intent of this ordinance are to consist of the following: Ordinance t~o. [001 Page fourteen 1) Street furniture for convenience of the pedestrian shopper to consist of benches and trash receptacles. 2) Street lighting with the use of stanchions and fixtures that contribute to the development theme. 3} Street portals, to create an identity of approach to the area for vehicle and pedestrian traffic. 4) The use of .wishing wells as theme and area i denti ry. 5} Street and traffic patterns that segregate vehicle from pedestrian traffic by providing rear access ... to parking accommodation, s, delivery services, and through traffic, wi th frontage accommodations for pedestrians and short term convenience parking. K. DUTY TO KEEP IN GOOD REPAIR 'The owner, occupant, or other person in actual charge of a Designated Cultural Resource shall keep the exterior of any designated structure, site, or feature in good repair and any interior portions which are necessary to prevent deterioration and decay of any exterior architectural feature. Le ENFORCEMENT AND PENALTIES 1. Methods'of Enforcement. In addition to the regulations of this section which govern the approval or disapproval of Certificates of Appropriateness covered by this section, the Community Development Department shall have the authority to implement the enforcement thereof by any of the following means: a. Serving notice requiring the removal of any violation of this section upon the owner, agent, occupant or tenant of the improvement, building, structure or land; be Calling upon the City Attorney to institute any necessary legal proceedings to enforce the provisions of this section, and the City Attorney is hereby authorized to institute any actions to that end; Ce Calling upon the Chief of Police and authorized agents to assist in the enforcement of this section. In addition to any of the foregoing remedies, the City Attorney may maintain an action for injunctive relief to restrain or enjoin or to cause, the correction or removal of any violation of this section, or for an inj,~nction in appropri ate cases. Ordinance No. 1001 Page fifteen e Penalties. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 or be imprisoned for a period not exceeding six months or be so fi ned and imprisoned. Each day such violation is commit%ed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 3. That Section 9297 of Part 7, Chapter 2 of Article 9 be amended to add the following definitions alphabetically: "Alteration" means any exterior change or modification, of any Designated Cultural Resource or of any property located within a Cultural Resource District. o ,'Certificate of Appropriateness" means an approved certificate issued for the.construction, .demolition,. alteration, removal, or relocation of any publicly-or privately owned Designated Cultural Resource, or any structure, natural feature, of site within a Cultural Resource District. "Committee". means the Cultural Resource Committee. "Cul rural Resource Di stri ct" means any area con tai ni ng improvements which have a special character, historical interest or aesthetic value or which represent one or more architectural periods or styles typical to the history of the City, and whicl~ improvements constitute a distinct section of the City that .has been designated a Cultural Resource District pursuant to Section 9252 of the Zoning Code. "Designated Cultural Resource" means improvements, buildings, structures, signs, features, sites, places, areas or. other objects of scientific, aes'theti c, educational, cul rural, architectural, or historical significance to the residents of the City that has been designated a Cultural Resource by the City Counci 1. "Designated site" (cultural resource site)" means a parcel or part thereof on which a cultural resource is situated, and which has been designated a cultural resource 'site by the City Council. "Demolition" means to tear down or demolish. "Exterior architectural feature" means the architectural elements embodying style, des.ign, general arrangement and c°mponents, oF al. 1 of the outer surfaces of an improvement, including but not· limited to, the kind, color and texture oF the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Ordinance No. 1001 Page sfxteen "Improvement" means any building, structure, parking facility, fence, gate, wall, landscaping constituting a physical betterment of real property, or any part of such betterment. Section 4. That Ordinance No. 157 entitled the E1 Camino Real Redevelopment Plan (Specific Plan No. 1) is hereby repealed. Section 5. That the official Tustin Zoning Map is hereby amended to include a Cultural Resource District and to include ~those properties shown on Exhibit A within said district. Section 6. That Ordinance No. is hereby entitled repealed. Section 7. If any section, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, suc~ decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declared that it would have passed this Ordinance and adopted this Chapter and each Section, sentence, clause, or phrase, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the day of , 1988. Ronald B. Hoesterey Mayor Mary E. Wynn Ct ty Clerk EXHIBIT A IRVINE BLVD -'~' ...... '">"~'-:' , ,~37:$ ~ /',,~-,,,, ~ ~ ~ .... "~- -,' /~?.~'Zz=;.~.-:~-'-~-~--: ...., ..... . , , ~ ~ , * ~ ~ . ..~, ~ ~--~ . . :,/ /' ~ ~ ~,~ ~;k%-~o~J ~ ..... FIRST STREET ]] II _ , ~ ...... ~.-- --~ .... ~ : ~ : ~ . ; ...... : i : i i I [ , : ~ ~ : / ,aL~'' ~'~ i '~P L , ~~ ~' ~ I I,, I I ~I ~ ~~ i I ~ ~--~ ' , Q ~ : __ _ STREET · i .... T~RD ~ STREET , ~ -- ~ -----~ ~ ..... "' ''~ ~-- I ~ J [ ' ~--J~ ' --' ~] ~ i~J I I ' -..~ ~ __] [1[[lllllllll:ll~}[~.~l[~ ................... : .~ l_~-~ i ~ ~'~. ~'- ' ...~ / ~__~ I ¢--. ~ 0~." '~ ~-~ ~-<~,~ i ~_.d x, ,~, % .: ',, CITY OF TUSTIN NORTH OLD TOWN CULTURAL RESOURCES DISTRICT ""'""' 'DISTRICT BOUNDARY