HomeMy WebLinkAboutPH 4 ZONING ORD 87-4 04-04-88PUBLIC HEARING
NO. 4
4-4-88
Inter- Corn
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY IqANAGER
coIqI~UNITY DEVELOPfqENT DEPARTMENT
ZONING ORDINANCE AMENDMENT NO. 87-4 - CULTURAL RESOURCES DISTRICT
._...;
RECOIqlqENDATION
It is recommended that the City Council continue the public hearing on this
matter until April 18, 1988.
BACKGROUND
The Planning Commission at their regular meeting of March 28, 1988 reviewed
proposed changes to the Cultural Resources Ordinance to respond to modifications
requested by the City Council at their meeting on March 7, 1988 (see attached
report).
At the request of the City Attorney it was recommended that the Planning
Commission notify owners between Main and First Street along Pasadena Avenue of
their possible inclusion in the proposed Cultural Resources prior to any
Planning Commission recommendation or City Council action on modifications to
the ordinance. The Planning Commission, therefore continued their hearing until
April 11, 1988 with the matter expected to be brought to the City Council at
their meeting on April 18, 1988.
Director of Community (~evelopment
CAS: ts
Attachment: Planning Commission Staff Report (3-28-88)
Report to the
Planning
Commission
Item No. 7
DATE'
SUBJECT:
MARCH 28, 1988
ZONING ORDINANCE AMF. NDFtENT 87-4 - CULTURAL RESOURCES OISTRICI'
REGOiNMENDATION
It. is recommended that the Planning Commission review proposed modification to
Zoning Ordinance Amendment 87-4 and adopt Resolution No. 2481, recommending the
proposed changes to the City Council.
BACKGROUND AND DISCUSSION
The City COuncil at their regular meeting on March 7, 1988 reviewed proposed
ling Ordinance .87-4 as recommended by the Planning Commission at their regular
eting on February 8th. At the conclusion of their hearing on the matter, the
City Council requested that staff make a number of modifications to the proposed
ordinance, including the following:
1.. Extension of' the .proposed boundaries of Cultural Resource Overlay District
between Main and First Street west to 'the 1-55 Freeway.
2.. Deletion of those areas in the proposed District north of First Street.
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Establishment of a clear definition of the proposed Cultural 2esources
Advisory Committee as advisory and assignment of responsibilities for
project review and issuance of Certificates of Appropriateness to Community
Development Department staff.
Removal of a Planning Commission member from the proposed Cultural
Resources Advisory Committee.
'Pursuant to California Government Code, Section 65857, the City Council has
referred the proposed Inodifications to the Planning Commission for a report and
recommendation prior to taking any final acti.on on the proposed ordinance.
While there was not majority concurrence for additional ,~odificatiOns to the
ordinance, the City Council also discussed the possible removal' of commercial
properties along E1 Camino Real from the proposed District.
Y
~- Comrnunity Developmen~ Deparxmen~ -~
Planning Commission Report
Zoning C)rdlnance Amendment 87-4
Cultural Resources District
March 28, 1988
Page two
Commercial areas in the vicinity of E1 Camino Real between 'C' Street and
Prospect Street were included in the proposed District for the following
reasons'
The commercial "Old Town" area was historically the commercial center of
the City. E1 Camino Real, in particular, has been defined as a gateway to
"Old Town", and, as such, has played a special role in continuing to define
the image of the community. This has been reinforced by the City in the
placement of special historical signs, bollard light fixtures, and kiosks
in the area and the concentration of major community events in the area
such as "Tiller Days".
The area contains-the City's oldest surviving commerical buildings some of
which still retain much of their original facades. This includes a
significant number of potential historical sites as identified by the
Tustin Historical Society.
A major portion of the area is within ~he original City of Tustin
jurisdictional boundaries.
Old Town is comprised of a commercial component and residential component.
The' two have historically interacted to compliment each other. Both
components provide an opportunity to capitalize on the historical integrity
of Old Town to achieve a unique and economically vital commun'ity.
Staff review of Cultural Resource programs in other communities throughout
California revealed that almost all programs seem to concentrate on a City'
central or commercial area as a core with the inclusion of surrounding
residential areas. We found that the historic/cultural character of an
area was best experienced when a total environment or neighborhood was
included. The beauty and marketability of Old Town lies in the area's
characterization as a balanced community with functional representation of
all those land uses that were important to the community over it's history
(ie. commerical uses, schools, parks, churches, and homes).
The heart of Tustin is more than just a few randomly located historic
buildings. No one home or commercial building creates the importance for
the area on its own, but it is the collective concentration of buildings
which provides an important historic panorama, creates a sense of time and
place and adds to the economic and social desirability of living in Old
Town. This justifies the staff recommendation for creation of a "complete"
district which exhibits special ambiance associated with a time and place
in history.
Community Development Department
Planning Commission Report
Zoning Ordinance Amendment 87-4
Cultural Resources District
March 28, 1988
Page three
The need to assure proper monitoring of rehabilitation and new construction
in the commerical areas in terms of issues like architectural style,
height, bulk and massing to ensure compatibility and limited environmental
impacts on immediately adjacent residential area. This does not mean that
all buildings need to be alike. Buildings should be recognized as products
of their own time.
While there have been no issues specifically presented for not including
commercial areas in Old Town in the proposed Cultural Resources District, there
may be concern from property owners about any additional administrative
procedures they would need to go through to process building construction
plans. With the role of the Advisory Committee significantly revised, property
owners should be assured that they would not have to go through a separate
process to obtain plan approvals. The Community DeVelopment Department would go
through the same design review process it currently undertakes in reviewing
~tans and would also make, at the same time, whatever findings are required in
e Cultural Resources Ordinance. Unlike other ordinance's found in Cities like
~range, there would not be mandatory design guidelines imposed by the ordinance
on'. commercial properties. Any guidelines developed would be advisory only.
·
While staff would recommend that all commercial areas currently included be
retained in the District, we also recognize tht the City Council might not be
comfortable with designating within the Distri'ct all commercial areas currently
shown within the proposed District boundaries. In such a case, we would be
prepared to recommend two possible alternatives that the Commission might want
to suggest to the City Council.
Deletion of commerical areas within District boundaries south of Sixth
Street where there is a significantly different character then. the
"downtown" portion of Old Town; or
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Deletion of areas south of Sixth Street and modifications of the westerly
boundary of the District south of Main Street to comply at that location
with the original jurisdictional boundaries of the City.
Each of the above alternatives is shown in Attachment I.
Please find spectfic revisions to the proposed ordinance prepared by staff in
response to more specific modification requests made by the City Council. All
Community Development Department
P]anning Commisslon Report
Zoning Ordinance Amendment 87-4
Cultural Resources District
March 28, 1988
Page four
modifications to.the ordinance have been hlghlighted as deletions (dashed out)
or additions (darkened and underlined). Staff will review these changes with
the Commission:'at their meeting.
Christine A. Shinglet~n~,
Director of Community~Oevelopment
CAS' ts
' ttachments'
Attachment I
Resolution 2481
Ordinance 1001
Corn reunify Development DeparTment
ATTACHMENT I
IRVINE BLVD
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OLD TOWN CULTURAL RESOURCES DISTRICT
CiTY OF
TUSTIN
-ALTERNATE 1
(DELETES AREAS SOUTH OF SIXTH ST.)
-MODIFICATION TO ALTERNATE ONE
(DELETE SHADED AREA TO REFLECT
ORIGINAL CITY BOUNDARY)
RESOLUTION NO. 2481
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, RECOMMENDING THE CITY COUNCIL APPROVAL OF
REVISED ZONING ORDINANCE AMENDMENT 87-4, AMENDMENTS
TO PART 5 AND 7 CHAPTER 2, ARTICLE 9 OF THE TUSTIN
MUNICIPAL CODE AS IT RELATES TO CULTURAL RESOUCES.
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6 The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ows:
I ·
The Planning Commission finds and determines as follows-
A. The City Council at their regular meeting on March 7, 1988,
requested modifications to Zoning Ordinance Amendment 87-4, as
recommended by the 'City Council.
B. Pursuant to California Government, Section 65857, the City
Council has referred proposed modifications to the Planning
Commission for a report and recommendation prior to taking final
action on the proposed ordinance.
C. A public hearing was held on March 28, 1988 to hear arguments
for and against the proposed revisions to Zoning Ordinance
Amendment 87-4.
II. The Planning Commission hereby recommends to the City Council the
fol 1 owl rig-
A. Modifications to Zoning Ordinance Amendment 87-4, as shown on
Exhibit A attached hereto and made a part by reference.
B. In the event that the City Council has concern about inclusion
of all commercial areas wi thin proposed Cultural Resource
District boundaries, it is recommended that the City Council
only modify the boundaries to reflect two alternatives reviewed
by the Commission as shown on Attachment I attached hereto and
made a part by reference.
22 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the day of_ , 1988.
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i Penni Foley,
281 Secretary
Kathy Weil,
Chairman
Revisions
z/za/aa
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 g 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
g 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:
1. 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 City' 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
culturally significant neighborhoods, structures and sites
appropriate for the education and recreation of the citizens of
Tustin and visitors to the City.
Ordinance No. 1001
Pa ge two
5. 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.
®
Identify as early as possible and resolve conflicts between
preservation of ilistoric and cultural resources and alternative
1 and uses.
B. APPLICABILITY
1. The Cultural Resource District is an overlay District and
shall apply to those properties as shown on the official
Tustin Zoning Map and to those cultural resour.ce structures
and sites as may be designated by resolution of the City
Council and listed by address and filed with the Department
of Community D. evelopment.
2. The zoning district map shall be amended to indicate the
application of the Cul rural Resources Distr.ic~. 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 requirements
of the underlying district and 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 '~ive (5) members
appointed by the City Council-a~-ma-je~by-~>f-w~$c~all of
whom shal 1 ~haJl ), resi de -or, own ~oropem-t~y-
-z~e~l~reas within the City of Tustin a-~g~-G~l-t~l-
~le(ear~e~-BL~iab. At least three members on the Committee
shall also reside or own I~operty in the residentially zoned
areas within a designated Cultural Resources District.
2. To the extent possible the Comlnittee 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,
Ordinance No.
Page three
one person engaged in business wi thin a designated
Cul rural Resources District, ana-m-membe?-e~-S~e-C-i-t~y-'s
-Pt~nntnT-¢omntiil4om and a member of the Tustin Area
Historical Society.
e
The original appointment of the members of the Committe~
shall be as follows: two for three years, and three for
four '~years, ex~--
:6rm-On-tlTe-q~ommfs~n. Subsequent appointments for all
other committee members shall be for a four year term.
ao~ s :~- wi rjr -i-ts_ a~thot try_ as_ Sail -loc tit/~el ow.
4~
The Committee shall draft rules and bylaws consistent with
it's authority as set forth below. Rules and bylaws shall
not be adopted ~ntil approved by the City Council.
~.- - -l:~ CQmmi-r,l:ee-sha41 -~k~Ve- ~:ke-f~)4 ½ ewi~-'powerl-an~. 4a{%es:
Ordinance No. 1001
Page four '
5. The Co.mittee shall act soleiy in an advisory capacity 133 the
.
City Council in matters affecting the establishment of
Cultural Resource Oistrict, designation of Cultural Resources,
and as 11ason between residents, and property owners and the
City Council within a Cultural Resource 01strict. The
Committee sba11 not exerci se any independent final
decision-making authority or expend city funds. Actions of the
Advisory Committee shall not be considered actions of the CitY'
and shall not be represented as such.
6. Meetings of the Committee shall only be called when requested
_by the City Council or the Community Oeveloimaent 01rector,
provided "the Committee shall meet at least four times per year,
·
with meetings at regular intervals.
7. The Committee shall keep minutes and' records of all meetings
and proceedings including voting records, attendance,
resolutions, findings, determinations and decisions. All such
material s shall be-publ ic record·
8. All deliberations of the Committee shall be at publicly noticed
meetings, fol 1 owing the no%i ce procedure for Planning
Commission meetings and shall comply with provisions of the
Ralph Iq. Brown Act.
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 following criteria:
1. It exemplifies or reflects special elements of the City's
cul rural, archi tectural, aestheti c, social, economi c,
political, artistic, engineering and or architectural heritage;
O~
2. It is identified with persons, a business use or events
significant in local, state, or national history; or
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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
Ordinance No. 1001
Page five
¢. 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
6. Its integrity as a natural environment or feature that strongly
con~ibutes to the well being of residents of the City or the
well being of a neighborhood within the City; or
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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
Cultur&l Resource Districts and Designated Cultural Resources shall be
established by the City Council as follows:
1. 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 Community Development Director. The Commi tree or City
Council may also initiate such proceedings on their own motion.
The Community Development Director or City Council shall refer
the proposed request to the Committee for their study, review and
recommendation.
3. The Committee shall conduct a study of the proposed
designation and make a preliminary determination based on
such documentation as it may require as to its
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.
Ordinance No. 1001
Page six
5. In the case of a proposed Desi gna te.d Cul rural
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 as shown on the
latest equalized-assessment rolls, and shall be adver:ised
once in a newspaper of general circulation.
6.
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
circulation.
7. 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 Cul rural Resource Di stri ct, the Commi tree shal 1
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 7. oning Amendment
procedures contained in the Tustin Municipal Code
considering establ i shment 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 Council.
8. 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
disapprove it in its entirety. In the case of designation
of a cultural resource 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.
9. 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 designation.
Ordinance No. 1001
Page seven
10. 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 to the property owner or owners in the
District or the property owner or owners of the Cultural
Resource, as applicable.
11. 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 building
permit.
b. Demolition or removal of any Designated Cultural
Resource or of any Improvements in a Cul rural Resource
District.
c. A certificate of appropriateness shall not be required
for the following: 1)ordinary maintenance or repairs
that do not involve a change in design, exterior
material or original appearance of an Improvement, nor
2) any construction, reconstruction, alteration or
~moval of any feature which has been determined by the
Building Official to be necessary to protect the public
heal th or safety due to an unsafe or dangerous
condition provided the Building Official certifies such
action .-ts -the- ~ ul-~ur a~ -~ese u~ees- ~em~
G. PROCEDURE FOR CERTIFICATE OF APPROPRIATENESS
1. 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 ~Cemmi-l>tee Department to act on the request
~RGl-ud-iRg-~oayme~-t- ~>f--f~e~. Where the proposed project
requires other discretionary approvals such as a tentative
tract map, the background information shall al so be
concurrently submitted to the-Gomm~ee Department on each
Ordinance No. 1001
Page eight
of these applications.
2. Applications for Certificate of Appropriateness shall
comply wi th the California Environmental Quality Act
(CEQA).
3. The Community Development Director shall have the
authority to approve, approve with conditions,
or den~ ~ -~f~r- -t~- -t~e- ~ ~u~ - ~te~eu~c~- ~emm~t-t~e
Certificates of Appropriateness for m~ Improvements
requiring a City building permit
~--~-~;;~;g~ In reviewin~ a~li~tion; for a
Certtft~ of Ap~o~ia~ness, ~e ulrec~r my consult
wt~ and receive ~e advise and recognition of ~e
cuT.al ~eso~ces Advlsory Co~lt~e ~lor ~ rendering
a dect sion.
The decision of the Community Development Director a~-to-~
appeal able to the ¢~l-~u~l-- ~soa~e,f. -~ ~la~e.- Planning
Commission and any decision of the-~~tH~ Commission 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 appeal shall specify the
grounds upon which the appeal is based and be acco,,qpanied
by a fee set by resolution of the City Council. The
~:u~turaq--Reloueee--C-omm+~t~=t~, Planning Commission or the
City Council, as applicable, shall set the matter 'for
consideration at the next regular meeting of the
£emm~ee Commission 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 qC~mm~t-tee Commission or City Counci.1 may
affirm, reject, or modify a decision on the Certificate of
Appropriateness.
5. A Certificate 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
Ordinance No. 1001
Page ni ne
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 period provided that 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 -C,~wmml- -~ear-c~- ~emm~t-tee
~r--l~- Community Development Director, i~-t~-c~e-e~
~Qm-i~eveme~4;sr 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.
6. 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 Cul-~ura~--R~.s~u~-~ommi-l~tee
Planntnq Commission shall hold a hearing thereon after
giving written notice thereof to the permittee at least
ten (10) days in 'advance of such hearing. Within five (5)
days thereafter, the Can~J~ta~ Commission shall transmit a
report of its findings and its recommendations on the
revocation to the City Council who will act on the m~tter.
H. 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.
1. A1 teration of a Designated Cul rural Resource:
a. The proposed work will not detrimentally alter,
destroy or adversely affect the resource and, in the
case of a structure, is compatible with the
architectural style of the existing structure.
Ordinance No. 1001
Page ten
b. The proposed modification will retain the essential
elements which make the structure, site or feature
culturally significant.
2. Construction of Improvements in a Cul rural 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 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.
I. FINDINGS AND ADDITIONAL PERMIT PROCEDURES FOR DEMOLITION,
REMOVAL OR RELOCATION OF DESIGNATED STUCTURES OR STRUCTURES
CONSTRUCTED PRIOR TO 1940:
A Certificate of Appropriateness for the demolition of a
Designated Cultural Resource shall not be approved unless
the Commi tree Cemmuai t~ Bevel opmenl~ Director or, on
appeal, the City Council finds that one or more of the
following conditions exist:
a. The structure/site is a hazard ~o public health or
safety and repairs or stabilization are not
physically possible.
b. The site is required for a public use which will be
of more .benefit to the puDlic than the Cul rural
Resource, and there is no 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 al ternatives to the
proposal.
2. The proposed replacement structure does not
detract from the neighborhood.
d. Reconstruction or restoration is not feasible or
prac ti cal.
Ordinance No. 1001
Page el even
2. 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
bel bw:
a. A Certificate of Appropriateness has been approved by
em-a~o~e&~ the Community Development Director or by the
City Council on appeal; or
b. A period of 180 days has expired from the date of
C~l~urll-- Aeseur~,a- -Com~i==~ - ~le~i~ the Comunity
Development Director's denial of the Certificate of
Appropriateness, and there has been no City Council
appeal.
c. A period of 180 days has expired, from the date of City
Council denial of a Certificate of Appropriateness.
3. In addition to the above requirement, no demolition permit
or relocation permit shall be issued for l~e 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.
J. DESIGN CRITERIA AND DEVELOPMENT STANDARDS
1. The guF~u~a~ q~eu~c~-gemm~~ City Council may es~abl ish,
promulgate and adopt by resolution,
C-i-~y-geenc4~r design criteria and standards for properties
as are necessary to supplement the provisions of 'this
Section as a guide ~o evaluate applications for Certificates
of Appropriateness, said criteria may include, but no1; be
limited to, the following: .
a. Acceptable materials for new construction such as
stucco, masonry, me~al, and glass curtain;
b. Appropriate architectural character, scale, and detail
for new con str ucti on;
c. Acceptable appurtenances to new and existing s:ructures
such as gables, parapets, balconies and dormers;
Ordinance No. 1001
Page twelve
d. Acceptable ~extures and ornamen =a ti on such as paint
colors and types, use of wood, stone, me=al, plaster,
plastics, and other manmade materials, use of shutters,
wrought; and cast iron, finishes of me~al, colors of
glass, such as silver, gold, bronze, smoke, and other
de~ails or architectural ornamentation;
e. Acceptable accessories on new or existing s~ructures
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 Cul rural
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. Site development standards:
1. Minimum single family lot size: 10,000 square
feet
2. Minimum multiple family lot size: 15,000 square
feet.
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 which
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 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
rchandi se on pri va te property wi thin the
1strict.
Ordinance No. 1001
Page thirteen
c. Authorized and encouraged uses
The following uses are authorized and encouraged with
the Interest of creating a commercial village
a mnosphere:
Pipe & Tobacco Shops
Nine Tasting Rooms
Leather Goods
Candle Shops
Boutique
Coffee. Shops ·
Ethnic Restaurants
(Spanish, Mexican
French, German)
Hobby Shops
Del i catessens
Antique Shops
Lamp shops'
Yardage Goods
Knit Shops
Ice Cream Parl ors
Jewel ry Shops
Wrought Iron Ware
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
tha-t illustrate the desired image.
d. Site development standards and exception
In order to provide maximum flexibility in design and
development for various lot sizes, consistent with a
concept of village environment, the following criteria
and exceptions are applicable:
·
1. Front building setbacks may be established at the
property 1 ine except for corner proper ties
requiring a five foot (5') line of sight
clearance.
2. Rear yard setbacks shall be established at fifteen
(15) feet from the rear property line, or in the
event the devel oplnen t ex tends to the next
intervening street-, the rear setback line shall be
construed as the frontage on "C" or Prospect
S tree ts.
3. 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
Ordinance No. 1001
Page fourteen
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 ,aithin 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 ic Improvements
Public improvements contributing to the ,notif of the
area and the intent of this ordinance are to consist of
the fol 1 owing:
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 the:ne and area
i den ti ry.
5) Street and traffic patterns that segregate vehicle
from pedestrian traffic by providing rear access
to parking accommodations, delivery services, and
through traffic, with frontage accommodations for
Ordinance No. 1001
Page fifteen
pedestrians and short ~erm 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;
b. 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;
c. 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 injunction in
appropriate cases.
·
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 fined 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 ~. of Article 9 be
amended to add the following definitions alphabetically:
"Alteration" means any exterior change or modification, of any
Ordinance No. 1001
Page sixteen
Designated Cultural Resource or of any property located within a
Cul rural Resource District.
"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 Cul rural Resource Advisory Committee.
"Cul rural Resource District" means any area containing
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 which
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 City
Council.
"Designa'ted 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 building.materials
and the type and style of all windows, doors, lights, signs and
other fixtures appurtenant to such improvement.
"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.
Ordinance No. 1001
Page seventeen
Section 6. That Ordinance No.
is hereby entitled repeal ed.
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, 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
inval id 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
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OLD TOWN CULTURAL RESOURCES DISTRICT
,,,,,,,,,- DISTRICT BOUNDARY
NOTE: BOUNDARY LINES ADJACENT TO I-5 AND SR-55 FREEWAYS
DENOTE ULTIMATE RIGHT OF WAY LINE, DISTRICT DOES NOT
INCLUDE AREAS FOR FREEWAY EXPANSION