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HomeMy WebLinkAboutPH 1 ZONING ORD 87-4 05-02-88AG'E ,JDA DATE: ~AY 2, 1988 PUBLIC HEARING TO: FROM: SU BJ ECT: WILLIAI~ HUSTON, CITY ~ANAGER CO.UNITY DEYELOP~ENT DEPART~ENT ZONING ORDINANCE /~END~ENT 87-4 CULTURAL RESOURCES DISTRICT RECOmmENDATION It is recommended that the City Council take the following actions: 1. Adopt Resolution No. 88-16 certifying 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. 4. Instruct staff to advertise appointments to Cultural Resources Advisory Committee. BACKGROUND The City Council at their regular meeting on March 7, 1988 reviewed proposed Zoning Ordinance 87-4 as recommended by the Planning Commission at their regular meeting on February 8th. At the conclusion of their hearing on the matter, the City Council requested a number of modifications to the proposed ordinance, including the following: Extension of proposed boundaries of the Cultural Resource Overlay District between future right-of-way line of Main Street and First Street west to the 1-55 freeway right-of-way line; Deletion of those areas in the proposed District north of First Street from the boundaries of the District: Establishment of a clear definition as to the role of the Cultural Resources Advisory Committee as advisory and assignment of responsibilities for project review and issuance of Certificates of Appropriateness to Community Development Department staff; and Removal of a Planning Commission member from the proposed Advisory Committee and replacement with a member of the Tustin Area Historical Society. City Council Report Zoning Ordinance Amendment 87-4 Cultural Resources District May 2, 1988 Page two Pursuant to Section 65857 of the California Government Code, the City Council referred the proposed modifications to the Planning Commission for a report and recommendation prior to taking any final action on the proposed ordinance. The Planning Commission at their regular meeting on March 28th and April 25th reviewed proposed changes to the draft ordinance as requested by the City Council as well as other minor changes in response to issues identified in testimony on the ordinance. The Planning Commission also discussed the possible removal of commercial property along E1 Camtno Real from the proposed District. At the conclusion of their discussion on April 25th, the Planning Commission adopted Resolution No. 2481 recommending approval of Zoning Ordinance Amendment 87-4 with all proposed changes recommended by the City Council and a number of minor additional changes. The Commission was desirous of retaining the majority of commerical properties within the District, but did recommend deletion of the :ommerctal area south of Sixth Street from proposed District boundaries. Justifications for retaining commercial areas in the vicinity of E1Camtno Real between 'C' Street and Prospect Street in the proposed District were as follows: The commercial "Old Town" area was historically the commercial center of the City. E1Camino Real, in particular, has been defined as a gateway to "01d 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 the 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 01d Town to achieve a unique and economically vital community. Staff review of Cultural Resource programs in other communities throughout California revealed that almost all programs seem to concentrate on a City's central or commercial area as a core with the inclusion of surrounding residential areas. We found that the historic/cultural Corn muni[y Developmen~ Deparinqen~ City Councfl Report Zontng 0rdlnance Amendment 87-4 Cultural Resources District May 2, 1988 Page three 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 (i.e., 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 recommendation for creation of a "complete" district which exhibits special ambiance associated with a time and place in history. 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 areas. This does not mean that all buildings need to be alike. Buildings should be recognized as products of their own time. All modifications to the proposed ordinance have been highlighted as deletions (dashed out) or additions (darkened and underlined) in the Planning Commission Resolution. Staff will be prepared to answer any questions about the proposed modifications or benefits of the Cultural Resource District at the City Council Meeting. Christine A. Shinglet~n, Director of Communit~ Development CAS:ts Attachments % Corn rnunity Development Departrnen~ ~/ Report to the Planning Commission ITEM NO. 4 DATE: SUBJECT: APRIL 25, 1988 ZOIIIIJG ORDIllAIJCE AMElil]IqEIJT 87-4 CULTURAL RESOURCES DISTRTCT RECOI~qE~DATIOll It ts recommended that the Planning Commission revJew proposed modifications to Zontng Ordinance Amendment 87-4 and adopt Resolution No. 248! recommending the proposed changes to the Ct ty Counctl. BACK~ROUHD 'e Planntng Commission at their regular meettng on March 28, 1988 reviewed .,langes to the proposed Cultural Resources Dtstrt~t to respond to modifications requested by the City Counctl at thetr meeting on March 7, 1988. The Planning Commission continued their discussion on the proposed medlftcatton to permit additional nottctng of property owners within proposed extended boundaries of the proposed District. As outltned tn the Planning Commission staff report of March 28th (attached) specific modifications requested by the City Council at their meeting on March 7th included: e Extension of proposed boundaries of the Cultural Resource Overlay District between future right-of-way line of Main Street and First Street west to the 1-55 freeway right-of-way line; Deletion of those areas in the proposed District north of First Street from the boundaries of-the District: Establishment of a clear definition as to the role of the Cultural Resources Advisory Committee as advisory and assignment of responsibilities for project review and issuance of Certificates of Appropriateness to Community Development Department staff; and Removal of a Planning Commission member from the proposed Advisory Committee and replacement with a member of the Tustin Area Historical Society. Community Development Deparlment .lanntng commission Report ZOA 87-4 Cultural Resources District April 25, 1988 Page two The Planning Commission at their meeting on March 28th also discussed the possible removal of commercial property along £1 Camino Real from the proposed 0tstrtct. However, the Planning Commission Instructed staff to retain the majority of commercial properties wi:htn the District but to delete the commercial area south of Sixth Street from proposed Olstrtct boundaries. The Planning Commission at their meeting on April 1[th also received additional comments on the draft Ordinance from Frank Gretnke. A summary of comments received and staff responses are provided for the Commission's information (attachment B). Please find attached specific revisions to the proposed Ordinance prepared by staff in response to requests from the City Council and Planning Commission. Wherever possible, staff have also made modifications to address the concerns of Mr. Greinke. Christine Shtngleto ~gleto~ _ _ Director of Community Development CAS:pef Attachments: Corn rnunity C)eveloprnent Oepar~men: Report to the Planning Commission Item No. 7 DATE: SUBdECT: HARI~! 28, 1988 ZONING ORDI#ANCE A~tE~DME]IT 87-4 - CULTURAL RESOURCES DISTRICT RF.~OHHF. HDATZON IC is recommended that the Planning Commission review proposed modification to Zoning Ordinance Amendment 37-4 and adopt Resolution No. Z481, recommending the proposed changes Co t~e City Council. BACKGROUND AND DZSCUSSTO# City Council at their regular meeting on r~rch 7, 1988 reviewed proposed ~.ntng Ordinance J)7-4 as recommended by the Planning,Commission at their regular meeting on February 8~h. At the conclusion of theiff hea~tng on the matter, the City Council requested that staff m~ke a number of modifications to ~J~e proposed ordinance, Including the following: Extension of the .proposed boundaries of Cultural Resource Overlay District between Main and First Street west to the 1-55 Freeway. Oeletlon of those areas in the p~oposed District north of First Street. Establishment of a clear definition of the proposed Cultural Resources Advisory Committee as advisory and assignment of responsibilities for project review and issuance of Certificates of Appropriateness to Communi Cy Oevelopment Depart~aent staff. 4. Removal of a Planning Commission member from the proposed Cultural Resources Advisory Commi tree. · Pursuant to California Government Code, Section 65857, the City Council has referred the proposed modifications 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 ~difications to the ~dinance, the City Council also discussed the possible removal· of comme~ci,il operties along E1 Camino ~eal from the proposed District. Community Develoomem DeOarlrnent Planning Commission Report ' Zontng Ordinance Amendment 87-4 Cultural Resources District March 28, 1988 Page two Commercial areas tn the vicinity of E1 Canffno Real between 'C' Street and Prospect Street were tncluded in the proposed District for the following reasons: The commercial "01d Town" area was historically the commercial center of the City. E1Camtno Real, in particular, has been defined as a gateway to "01d Town", and, as such, has played a special role in continuing to deftne 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 commertcal buildings some of which still retain much of their original facades. This includes a significant number of potential historical sites as identified by the Tusttn Historical Society. A major portion of the area ts within the original City of Tustfn Jurisdictional boundaries. Old Town ts comprised of ~ commercial component and residential ~omponent. 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 community. 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 (ir. 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 qld Town. This justifies the staff recommendation for creation of a "complete" district which exhibits special ambiance associated with a time and place in history. Corn rnunity Development Planning Commission Report Zoning Ordinance Amendment 87-4 Cultural Resources District March 28, [988 Page three The need to assure proper ~onitoring of rehabilitation and new construction in the commertcal areas in totes of issues like archttactural s~yle, 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 tlme. While there have been no issues specifically presented for not fnc?udfng commercial areas in Old Town in the proposed Cultural Resources Ofstrlct, there may be concern froe 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 Oevelopment Department would go ~rough the same design revte~ process it currently undertakes In reviewing ns and would also rake, at the same time, whatever findings are required in _.,e Cultural'Resources Ordinance. Unlike other ordinance's found in Cities like Orange, there would not be mandatory design guidelthes imposed by the ordinance on' commercial properties. Any gutde3tnes developed would be advisory only. While staff would recoemend that all coemerctal areas currently' iffcluded be retained in the Otstrtct, we also recognize tht the City CounCll might not be comfortable with designating within the Oistrttt 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 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 specific revisions to the proposed ordinance prepared by staff in response to more specific modification requests made by the City Council. All Corn rnunit¥ ~-,.veloprnent Departrnenr ~'Y Plannlng Commission Report Zoning Ordinance Amendment 87-4 Cultural Resources District March 28, 1988 Page four modiftcatfons to.the ordinance have been hfghllghtad as deletions (dashed out) or additions (darkened and underlined). Staff wtll review these changes w~th the Commission,at their meeting. · Christine A. Shlngletg~, Director of CommuntLT~Oevelopment CAS:ts :achments: Attachment Resolution 2481 Ordinance ~- Community ID~etoprnent Depar~men! J/ ATTACHMENT I CiTY OF TUSTIN NORTH OLD TOWN CULTURAL RESOURCES DISTRICT -ALTERNATE 1 (DELETES AREAS SOUTH OF SIXTH ST.) :::::::::::::::::::::::::::::::: -MODIFICATION TO ALTER HATE ONE (DELETE SHADED AREA TO REFLECT ORIGINAL CITY BOUNDARY) CULTURAL RESOURCES DISTRICT Summary of Concerns Ratsed by Hr. Frank Gretnke at the April 11, 1988 Planntng Comdston Reettng e Commment: Page 5, Section E. Mr. Gretnke indicated that the proposed Cultural Resources Designation procedures permitted anyone to request a designation. He asked if the homeowner had the right to refuse. Response: While some Cultural Resource and/or Historical Districts prohibit designation of historical or cultural resources whose owners oppose designation, most ordinances we've reviewed do not require owner consent before designation. Section E provides significant opportunities for input on a proposed designation request including the following: The Advisory Committee shall schedule a public hearing on applications it considers significant. Notice of the hearing is sent to the applicant, property owner and ocupants and acverttsed in a local newspaper. The Advisory Committee's action is a recommendation to the City Council. ~ The requirement for owner consent is not recommended, because it will enable objecting owners of potential designated sites to thwart community preservation efforts and may make preservation or protection of a significant structure almost in~ossible. Some owners of potential sites that are ultimately designated may not be aware of potential benefits. It will be the City staff and Advisory Committees role to explain designation procedures carefully to owners of potential designated sites. They may need to meet several times with some owners to be sure City objectives are understood. Comment: Page 5, Section E. This section lends itself to inverse condemnation and can downgrade the value of a structure. Response: There has been considerable research and court work done on this issue. Cultural Resource designation procedures have been significantly recognized and sanctioned through a June, 1978 Supreme Court decision that upheld the historical designation of the Penn Central Building in New York City. In our contact and research of designation procedures and effects in cities throughout California, most documentation has identified positive financial in, acts and escalated property values as a result of designation. ~nt: Page 10, Section I. Item D notes that demolition can be permitted where reconstruction or reconstruction is not feasible or pratical "economically" should be added to this justification. Response: Modification will be made. .,mma~ of Concerns Raised by Mr. Frank Grelnke Page two 0 ~a~ment: Page 15, Section K. Requirement to keep in good repair has problems. Mr. Gretnke noted his belief in individual rights and that there may be those with different financial constraints who can't afford keeping their properties to City standards. He noted major concern with interior maintenance of the structure and asked who would enforce this requirement. Response: The last two lines of this Section will be deleted to strike references to interior maintenance. ~nt: Page 15, Section 3. Definition of "Alteration". He questioned why the definition stated any exterior change. Response: Staff will revise language to reinforce that alterations affected by Ordinance are only those requiring a building permit. Comment: Page 16, definition of designated cultural resource. Mr. Gretnke questioned whether the definition would apply to things like Orange trees. Response: A designated Cultural Resource would only be designated after a public hearing. The criteria listed in Section O of the Ordinance would also have to be met. Commment: Page 16, definition of Improvement. Mr. Greinke questioned use of the term landscaping and whether it meant any kind of trees. Response: Modifications to the Ordinance will be made to reinforce that only improvements requiring a building permit would be affected. Cemmment: Mr. Greinke favors a Cultural Center, not necessarily a Cultural Resource District. Response: No response. CAS:pef 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17~ 18 19 9~1 22 2~ 25 27 28 RESOLUTION NO. 248[ 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. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ae 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. 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. Co A public hearing was held on March 28, April 11, and April 25, lg88 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 following modifications to Zoning Ordinance Amendment 87-4, as shown on Exhibit A attached hereto and made a part by reference. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 25th day of April, 1988. Kathy Wei l, Chairman Penni Foley, Secretary 6 7 8 9 10 11 14 15 {} 17I' RESOLUTION NO. 2481 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. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: 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. 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. Ce A public hearing was held on March 28, April 11, and April 25, 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 following modifications to Zoning Ordinance Amendment 87-4, as shown on Exhibit A attached hereto and'made a part by reference. 18 1,ql held on the 25th day of April, 1988. 20'~ 2! 22 PASSED AND ADOPTED at a regular meeting of the Tusttn Planning Commission, Kathy Wei Chairman 23 24 25 20 27 Penni Foley, Secretary 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certtfy that I am the Recording Secretary of the Planntng Commission of the Ctty of Tusttn, California; that Resolution No. ~Y?/ was duly passed and a~opted at a ~egular meettng of the Tusttn Planning Commission, held on the ~ ~f day of ,' / ~.. , , FOLEY Record'i ng Secretary EXHIBIT A P]anntng Coemisston Recomendatton 4/25/88 ORDINANCE NO. 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 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. Encourage public knowledge, understanding and appreciation of the City's past. o Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. 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 Page two Enhance the visua~ 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. 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 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 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 DepartJnent of Community Development. 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. 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 There is hereby created a Cultural Resources Advisory Committee which shall consist of five {5) members appointed by the City Council-a--ma-je~by-<>~:-w~S~rvall of whom shal 1 ~haJ ~ resi de -or- ow~ ~op~r-ty- -z~ae~eas within the City of Tustin a-de~sJgna~e~-C~l-t~m~l- ~Re~aur~,e~-BLs-~iat,. At least three ~mbers on the Conmnittee shall also reside or own property in the residential)y zoned areas within a designated Cultural Resources District. 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, Ordinance No. i001 Page three one person engaged in business within a designated Cultural Resources District, t>~nnfn~-~ommiil(em and a member of the Tustin Area Historical Society. e The original appointment of the members of the Comlnittee shall ~be as follows: two for three years, and three For four years, ex~- - ~t- - ~ - -t~r~- - o~ .- _the_ _ C~9 ~s si~n- qnemb ~ - ~h~q ~ - ce i.r~c4 ~e - w~l;h- -~h~- C o mn~i~s.s ~ ot~._r' ffel'l~-l>Kl-t~re-q~mm?$~(~n. Subsequent appointments for all other committee members shall be for a four year term. 4o The Committee shall draft rules and bylaws consistent with it's authority as set forth below. Rules and bylaws shall not be adopted until apprdved by the City Council. 5~- - -l:h~ eemmi-t~tee -~haq ~ - ~w~ ~he -f~4 ~ o~i~-'powerl- am> ~es: ? ~.- - - $ i~oUy~- ~e~ic;-~ - eer,4uc~,- pu~l-i~- hea~i~ -~d- ~o~- e $~--~es-e~- p~g- a~- ~am~ -~m ~- ~ Ordinance No. 1001 Page four The Committee shall act solely in an advisory capacity to the City Council in matters affecting the establishment of a Cultural Resource District, designation of Cultural Resources, and as i iason between residents, and property owners and the City Council within a Cultural Resource District. The Committee shal 1 not ex er ci se any i ndependen t fi hal 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. -Cemm ~-5.~,~ eR -mee~n~s~ Meetings of the Committee shall only be called when requested by the City Council or the Community Development Director, provided the Committee shall meet at least four times per year, with meetings at regular intervals. The Committee shall keep minutes and records of all meetings and proceedings including, voting records, attendance, resolutions, findings, determ)nations and decisions. All such materials shall be public record. All deliberations of the Committee shall be at ~ublicly noticed meetings, following the notice procedure for Planning Commission meetings and shall comply with provisions of the Ralph M. 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 wi thin the City may be designated as a Cul rural Resource llistrict by the City Council if it ~ets tile following criteria: It exemplifies or reflects special elements of the City's cul rural, architectural, aesthetic, social, economic, political, artistic, engineering and or architectural heritage; O~ 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 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 represents an established and familiar visual neighborhood, community or the City; or characteristic feature of a 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 reques't 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 --C-emm~-~ Commanity Development Director. The Committee or City Council may also initiate such proceedings on their own motion. The Comunity Development Director or City Council shall refer the ~ro~osed request t~ the Committee for their study, review and recommendation. The Committee shall conduct a study of the proposed designation and make a preliminary determination based on such doCt,lnen t.l ti on 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 In the case of a proposed Designated 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 advertised once in 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 the proposed district at least 10 days prior to the Gate 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. At the conclusion of t.he 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 Cu] rural 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 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. The City Council, after receipt of the recommendations from the Planning Commission for designation of a Cultural Resource District, 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 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. 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. 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: 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. Demolition or removal of any Des.ignated Cultural Resource or of any Improvements in a Cul rural Resource District. 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 r'emoval of any feature which has been determined by the Building Official to be necessary to protect the public Ileal th or safety due to an unsafe or dangerous condition provided the Building Official certifies such action ..-re - t-he- ~ ul-~u'ra ~ -Redo u~-e~- Gemn>i ~. G. 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 C~mm~t~tee Department to act on the request ~R~l-ud~g-~ayn~n-t- ~>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+~:cc Department on each Ordinance No. 1001 Page eight of these applications. Applications for Certificate of Appropriateness shall comply with the California Environmental Quality Act (CEQA). The Community Devel opmen t Di rector shal 1 have the authority to approve, approve with conditions, ~sapprove or deny o~-rcf~r--t~--t~ae-qS~u~eq- Rcse~c~-~emm~t~tee Cert)ficates of Appropriateness for m~or Improvements requiring a City building permit luch~-bubq~o~-E~mi~ed, -t~--~-~;l~g~ In reviewin) a~p~lications for a Certificate of Appropriateness, the Uirector may consult with and receive the advise and reco,,.endation of the Cultural Resources Advisory Committee prior to rendering a decision. The decision of the Community Development Director a~ to-~ 4~e~$i-f-ica l~ ~f- Jkopr-o~ a ~ene~G~ f~r- ~mi~e~ - ~eve~s i s appealable to the Comission and any decision of ~e~t== Comission is appealable ~ ~e City Council. Any appeal shall be ~de in ~iting and delivered ~ the Dep~r~ent of Community Development no later than seven calendar days from the d~te of the decision. Such appeal shall specify the grounds upon which the appeal is based and be accompanied by ~ fee set by 'resolution of the City Council. The ~ ~u~-~ou~~+~ Planning Comission or the City Council, as applicable, shall set the ~tter for consideration at the next regular meeting of the ~o~ee Comission or City Council, and shall give written notice ~ the appellant of the time and date set for consideration of the appeal. Upon the hearing of such appeal, the ~mm~t-tee Co~ission or City Council ~y affirm, reject, or modify a decision on the Certificate of Appropriateness· 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 nine Building Official and construction is commenced and diligently pursued toward completion on the silm which was the subject of the application. A Certificate may be renewed for an additional period of one year Qr 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 with the Community · Development Deparlunen t. T h e -C4~1J;umml- -~ e ar-ce- ~;e mm i-t-~e e ~r_-t~e-Community Development Director, ~n--t,~e--oa~e-e~ ~n~:Q~-~n~o~o~e~;s~ 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. Any Certificate of Appropriateness granted, in accordance with the terms of this Section may be revoked by the City Council in ~he 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, t~e CuL1~aL--Ra.seam~-~emm~l~e Planntng Comission shall hold a hearing thereon after giving written notice thereof lm the permittee at least ten (10) days in advance of such hearing. 'Within five' (5) days l~ereafter, ~he ¢~~ Co,remission shall transmit a report of its findings and its recommendations on the revocation ~o the City Council who will act on the matter. 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. Alteration of a Designated Cultural Resource: 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 The proposed modification will retain the essential elements which make the structure, site or feature culturally significant. Construction of Improvements in a Cultural Resource Ol strt c t: 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 and use of a new building'or structure in relationship to existing buildings and structures and the surrounding setting. FINDINGS AND ADDITIONAL PE.tU4IT PROCEDURES FOR DEMOLITION, REMOVAL OR RELOCATION OF DESIGNATED STUCTURES OR STRUCTURES CONSTRUCTED PRIOR TO lg40: A Certificate of Appropriateness-for the aemolition of a Oestgnated Cultural Resource shall not be approved unless the Committee Community Oevelopment Otrector or, on appeal, the City Council finds that one or more of the following conditions exist: Reconstruction or restoration feasible or practical. a. The structure/site is a hazard to 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 public than the Cultural 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 alternatives to the proposal. The proposed replacement structure does not detract from the neighborhood. d. is not economically Ordinance No. 1001 Page el even No person shall carry out or cause ~o 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 ~he 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 ow: a. A Certificate of Appropriateness has been approved by ~he- ~ ~ar~4 - Resource -Gomm~ ~ee- e~ -by- ~e er~-ed~e~l- ~he Co~ity Develop~nt Direc~r or by ~e City Comcil on apda1; or b. A period of 180 days has expired from the date of C~I~m~L- ~so~--C~t~. Je:~ the Co.unity Develo~nt Dlrec~r'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 Certifica~ of Appropriateness. In addition ~ the above requirement, no demolition· permit or relocation permit shall be issued for the demolition or relocation of a Designated Cultural Resource or structure w~thin a Cultural Resource Dis~ict 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 The 6ul-t~h~a~q~e~eu~c~-G~mn>i~cc City Council may establish, promul ga te and ado pt by resolution, ~4:~er- -~pr ~a~l- -~y- Jche · C-i-t~-Geuncd~r design criteria and standards for properties as are necessary to supplement the provisions of this Section as a guide to evaluate applications for Certificates of Appropriateness, said criteria may include, but not be limited to, the following: a. Acceptable materi.als 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; Ordinance No. 1001 Page twelve 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 glass, such as silver, gold, bronze, smoke, and other details or architectural ornamentation; e. Acceptable accessories on new or exis:ing structures such as light fixtures, gas lights, canopies, ex:erior 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. Site development Standards: 1. Minimum single family lot size: fee t 2. Minimum multiple family lot size: fee t. 10,000 square 15,000 square 3. Commercial Standards a. Permitted uses: All uses shall, be permitted in the Cul rural 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: 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 merchandise on private property within the district. Ordinance No. lOO1 Page thirteen c. Authorized and encouraged uses The following uses are authorized and encouraged with the interest of creating a commercial village a~nosphere: Pipe & Tobacco Shops Nine Tasting Rooms Leather Goods Candle Shops Boutique Coffee Shops Ethnic Restaurants (Spanish, Mexican French, German) Hobby Shops Delicatessens Antique Shops Lamp shops Yardage Goods Knit Shops Ice Cream Parlors Jewelry 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 6ut 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 development for various lot sizes, consistent with a concept of village environment, the following criteria and exceptions are applicable: Front building setbacks )nay be established at the property 1 ine 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 even t the development ex tends to the hex t 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 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: Property or properties that lie within a Vehicle Parking Assessment Distict or Business Improvement Area shall be exempt from the requirement for on-site parkin)g accommodations, subject to the provisions of the Parking or Improvement District Ordinance. be On-site parking requirements may be waived upon the presentation to the City of a long term lease, running with and as a condition~ of the business license, for private off-site parking accommodations within 300 feet of the business or activity to be served. 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. Public Improvements Public improvements contributing to the motif of the area and the intent of this ordinance are to consist of the following: 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. ¢) The use of wishing wells as theme 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 ftfteen pedestrians and short term convenience parktng. 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 a~4--a~y L. ENFORCEMENT AND PENALTIES 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: al, 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; 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. 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 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 2 of Article 9 be amended to add the following definitions alphabetically: "Alteration" means any exterior change or modification requiring Ordinance No. 1001 Page sixteen & butlding peratt, of any Designated Cultural Resource or of any property located within a Cultural Resource District. "Certificate of ^pproprtateness" means an approved certificate tssued for-the construction, demolition, alteration, removal, or relocation of any publicly or privately owned Designated Cultural Resource, or any structure, natural feature, of site wtthtn a Cultural Resource District. "Cometttee" means the Cultural Resource Advisory Committee. "Cultural Resource District" means any area containing improvements which have a spectal character, historical interest or aesthetic value or which represent one or ~ore archi, tectural periods or styles typical to the htstory of the City, and whtch improvements constitute a dtstlnct section of the Ctty 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, cultural, architectural, or historical significance to the residents of the City that has been designated'a Cultural Resdurce by the Ctty Counctl. "Designated stte" (cultural resource stte)" 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 eebodytng style, design, general arrangement and components of all of the outer surfaces of an improvement, fncluding but no: 1tatted to, the ktnd, color and texture of the building materials and the type and style of all windows, doors, lights, stgns and other ftxtures appurtenant to such improvement. "Improvement" means any building, structure, parking facility), fence, gate, wall, landscaping requiring a building permi~ and constituting a physical betterment of real property, or any part of such betterment. Section 4. That Ordinance No. 157 enlltled the E1 Camino Reall 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. __ i s hereby entitl ed 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 thi)s 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 OLD TOWN CULTURAL RESOURCES DISTRICT ----- - DISTRICT BOUNDARY NOTE: BOUNDARY tJNES ADJACENT TO I-5 AND SR-55 FREEWAYS DENOTE ULTIMATE RIGHT OF WAY LINE, DISTRICT DOES NOT INCLUDE AREAS FOR. FREEWAY EXPANSION 1 2 3 4 5 6 7 8 9 10 ,11 12 13 14 15 16 17 18 19 20 21 22 23 24 25~ 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 Tustln 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 public review; and The City Council of the City of Tustin has considered evidence presented by the Community Development Department and otheU interested parties with respect to the subject Negativ~ Declaration; and I The City Council has evaluated the proposed final Negative Declaration and determined it to be adequate and complete; and ) 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, ant that, on the basis of the initial study and comments receivec during the public review process there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this project. PASSED regular meeting held on the __ AND ADOPTED by the City Council of the City of Tustin at a day of , 1988. Mary E Wynn City Clerk Ronald B. Hoesterey, Mayor 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 $, Chapter 2 of Article 9 of the Tusttn 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 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. Encourage public knowledge, understanding and appreciation of the City's past. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. 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 Page two Enhance the visual and aesthetic character, diversity architectural styles and aesthetic appeal of the City. Enhance property values and increase economic and financial benefits to the City and its inhabitants. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character o: the district. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. B. APPLICABILITY 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 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. 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. The requirements of this section shall be considered iq 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 There is hereby created a Cultural Resources Advisory Committee which shall consist of five (5) members appointed by the City Council all of whom shall reside within the City of Tustin. At least three members on the Committee shall also reside or own property in the residentially zoned areas within a designated Cultural Resources District. 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 Tustin Area Historical Society. Ordinance No. t001 Page three e The original appointment of the members of the Committee shall be as follows: two for three years, and three for four years. Subsequent appointments for all other committee members shall be for a four year term. The Committee shall draft rules and bylaws consistent with it's authority as set forth below. Rules and bylaws shall not be adopted until approved by the City Council. The Committee shall act solely in an advisory capacity to the City Council in matters affecting the establishment of ~ Cultural Resource District, designation of Cultural Resources, and as liason between residents, and property owners and the City Council within a Cultural Resource District. The Committee shall not exercise 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. Meetings of the Committee shall only be called when requested by the City Council or the Community Development Director, provided the Committee shall meet at least four times per year, with meetings at regular intervals. The Committee shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such materials shall be public record. All deliberations of the Committee shall be at publicly noticed meetings, following the notice procedure for Planning Commission meetings and shall comply with provisions of the Ralph M. 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: It exemplifies or reflects special elements of the City's cultural, architectural, aesthetlc,.social, economic, political, artistic, engineering and or architectural heritage; or 2. It is identified with persons, a business use or events significant in local, state, or national history; or Ordinance No. 1001 Page four 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 represents an established and familiar visual neighborhood, community or the City; or characteristic feature of a 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 Resource District by submitting an application for such designation to the Community Development Director. The Committee 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. 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 Department. 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 Ordinance No. 1001 Page five 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, ant 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 in 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 an( 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 equalize( assessment rolls, and shall be advertised once in a newspaper of general circulation. 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 ir 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 Zonin~ Amendment procedures contained in the Tustin Municipal Code 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 Council. The City Council, after receipt of the recommendations from the Planning Commission for designation of a Cultural Resourc~ 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. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public.record shal' not invalidate any proceedings in conjunction with the propose¢ designation. Ordinance No. 1001 Page six 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: '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 In~rovements within a designated Cultural Resources District requiring a City building permit. Demolition or removal of any Designated Cultural Resource or of any Improvements in a Cultural Resource District. Ce 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 removal of any feature which has been determined by the Building 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. G. 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 Department to act on the request. Where the proposed project requires other discretionary approvals such as a tentative tract map, the background information shall also be concurrently submitted to the Department on each of these applications. 2. Applications for Certificate of Appropriateness shall comply with the California Environmental Quality Act (CEQA). Ordinance No. 1001 Page seven The Community Development Director shall have the authority to approve, approve with conditions, or deny Certificates of Appropriateness for improvements requiring a City building permit. In reviewing applications for a Certificate of Appropriateness, the Director may consult with and receive the advise and recommendation of the Cultural Resources Advisory Committee prior to rendering a decision. The decision of the Community Development Director is appealable to the Planning Commission and any decision of the 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 accon~anied by a fee set by resolution of the City Council. Planning Commission or the City Council, as applicable, shall set the matter for consideration at the next regular meeting of the 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 Commission or City Council may affirm, reject, or modify a decision on the Certificate of Appropriateness. 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 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 perioc granted, an application for renewal of the permit is filed with the Community Development Department. The Community Development Director, 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. Any Certificate of Appropriateness granted in accordance with the terms of this Section may be revoked by the City Council in th~ 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 Planning 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 (51 Ordinance No. 1001 Page eight days thereafter, the Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council who will act on the matter. 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 mede. 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. Alteration of a Designated Cultural Resource: 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. The proposed modification will retain the essential elements which make the structure, site or feature culturally significant. Construction of Improvements in a Cultural Resource District: The proposed work conforms to the Municipal Code and design standards which may be established from time to time by the Cultural Resources Committee. The proposed work does not adversely affect the character of the District or Designated Cultural Resources within the District. The proposed work is harmonious with existing surroundings. The extent of harmony shall be evaluated in terms of appropriateness of meterials, 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 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 Ordinance No. 1001 Page ntne the Community Development' Director or, on appeal, the City Council finds that one or mere of the following c6ndttions exist: a. 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. c. For a Designated Cultural Resource only: It is not feasible to preserve or restore the structure, taking into consideration the economic feasibility of alternatives to the proposal. The proposed replacement structure does not detract from the neighborhood. d. Reconstruction or restoration is not economically 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 demelttion the applicant has complied with 1.3 below: ae A Certificate of Appropriateness has been approved by the Community Development Director or by the City Council on appeal; or A period of 180 days has expired from the date of the Community 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. e In addition to the above requirement, no demelition permit or relocation permit shall be issued for the demolition or relocation of a Designated Cultural Resource or structure Ordfnance No. 1001 Page ten 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 The City Council may establish, promulgate and adopt by resolution, design criteria and standards for properties as are necessary to supplement the provisions of this Section as a guide to evaluate applications for Certificates 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; 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 details or architectural ornamentation; ee 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: All uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Residental District. e 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. Ordinance No. 1001 Page eleven b. Site development standards: 1. Minimum sfngle family lot size: 10,000 square feet. 2. Minimum multiple family lot size: 15,000 square feet. 3. Commercial Standards a. Permitted uses: All uses shall be permitted in the Cultural Resource District as are authorized in the underlying commercial district. The City Council may also 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: 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 merchandise on private property within the district. Ce Authorized and encouraged uses The following uses are authorized and encouraged with the interest of creating a commercial village atmosphere: Pipe & Tobacco Shops Wine Tasting Rooms Leather Goods Candle Shops Boutique Coffee Shops Ethnic Restaurants (Spanish, Mexican French, German) Hobby Shops Delicatessens Antique Shops Lamp shops Yardage Goods Knit Shops Ice Cream Parlors Jewelry 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 that illustrate the desired image. Ordinance No. 1001 Page twelve de 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: Front butldtng 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. e 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: 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. 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. 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 Ordinance No. 1001 Page thirteen 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. Publtc Improvements Publlc improvements contributing to the motif of the area and the intent of this ordinance are to consist of the following: 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 identity. 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 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. L. ENFORCEMENT AND PENALTIES 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: ao 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; Ordinance No. 1001 Page fourteen Ce Calltng 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: Calling upon the Chief of Police and authorized agentsl 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 2 of Article 9 be amended to add the following definitions alphabetically: "Alteration" means any exterior change or modification requiring a building permit of any Designated Cultural Resource or of any property located within a Cultural Resource District. "Certificate of Appropriateness" means an approved certificate issued for the construction, demolition, alteration, removal, orl 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 Advisory Committee. "Cultural 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. Ordinance No. 1001 Page fifteen "Designated Cultural Resource" means improvements, buildings, structures, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the residents of the City that has been designated a Cultural Resource by the Ci~ Council. "Designated site" (cultural resource site)" means a parcel olr part thereof on which a cultural resource is situated, and whiclh 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 requiring a building permit constituting a physical betterment of real property, or any part of such betterment. Section 4. That Ordinance No. 157 entitled the E1 Camino Reail Redevelopment Plan (Specific Plan No. 1) is hereby repealed. Section 5. That the official Tustin Zoning Map is hereby amended 4o 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, 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. Ordinance No. 1001 Page sixteen PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the ~day of , 1988. Ronald B. Hoesterey, Mayor Mary E. ~ynn City Clerk EXHIBIT A CiTY OF T~ST~N NORTH OLD TOWN CULTURAL RESOURCES DISTRI.CT -, ---'--- - DISTRICT BOUNDARY NOTE: BOUNDARY LINES ADJACENT TO 1-5 AND SR-55 F~EEWAYS DENOTE ULlqMATE RIGHT OF WAY LINE, DISTRICT DOES NOT INCLUDE AREAS FOR. FRI:mNAY EXPANSION